The British Press; or, Morning Literary Advertiser.
London, England, 1807-11-07 00:00:00

THE EMALL-PDX.

it is a lamentable tact, MAC the Small-Pox is at
this time remarkably prevalent and trial, no less
than t%3 poisons having fallen Viailln to it, within
the bias of mortality, iu the last four weeks. The
Lonann Vaccine Institution are taking evei y mea-
sure in I.:eir power to check the ravages of this
(heedful cheese. Its prevalence is justly :writs-
able to the recently-increased praftiee of inocula-
tion for the small-pox, and particularly to the great
number of persons daily inoculated at the Small-Pox
llo‘pital, who convey the contagion to all parts of
the town. It is a subjea of deep regret, that igno-
rance and prejudice ageing the inestima►le disco-
vtry of Vaccine Inoculation, sisuuld be se strung
in the country where it priginated, while foreign
nations have so wisely appreciated its value, that the
Smail-Pox is now neatly tufo minuted from Vienna,
Pans. Madrid, and other principal clues of Europe.
Some measures ought immelietely to be adopted
to remove this prejudice, so fatal to the community,
and which is known to l'xi.t principally with the
lower order of the people.

Mr. WAITS11S•11 gave nctice, in the Court of
Common Council, 03 Thut3rlay, that he should
bring forward the following motions at a future
Court :
Resolved—Must this Collet bovine, on the 24 day of Mo.
%er, 1106, resolved to thank Conainolore Sir Horne Pop
;or the very iinportant tertian remit red by hini 111 the (211-
twe of Lamm Ayie., at 041 Cit opening • new 'more of coni-
owe, or the ntanufadorier. of Great Britain, and deprisli.g
mammas ef one a the richest and those extensive taunt.,
in ha ousel:wan •" and also to present to him a sword of
tee value of 2110 guineas;" and it appearing, from °mum.
stances which ham since transpired, that the said Resolutions
ware prematurely and improperly entered nitu, this Court ate
of opinion that they ought S. be expunged item the Jour oats
of au proceedings. and do hereby direct Mr. Teren-Cliik to
expunge the same.
That no blerniser ace Con, who bolds any place or sp.
poinunen: under Governiueut, from which he donee. en CID.
Or who merit:4ll.7 1t1C71130, salary, or allowance, uut
of the public money, shall be eligible to scree upon any Con-
elite; or Commission, under the appointment at this Coon.

On Tuesday, the pound weight. used at the
House of Correftion. Cold Batbi-firlds. for weigh-
ing out the provisions to the prisoners. was com-
pared with the standard pound weight. by Mr. She-
rif PIIIL ..... at Goildh.,3l, in the presence of the
Foreman and several Members of the Grand Jury
for Middlesex ; when it was found to be upwards of
three quarters of an ounce too li,tht ! Several loaves
rd bread were weighed at the same time. which had
been sent into the ►ame prison, aud they were also
fused corsiderably too light I

LAW O.I"fiLLItiENCE.

• ' _
COVAT OF CIIMICtIti, War. 6.

tau, Katt/orb
This was a Motion for Mali, to give security
for payment of costs, before Defendant filed his
answer, on the ground that Plaintiff was in kw cir-
cumstances; was a maid-servant ; could nut be found ;
that every inquiry had heenroade to that purpose, but
without effeEt; that her Solicitbr. her father, and her
mother, had declared they did hot know oLare she
was, but believed she was at set vice somewhere in
this town ; that it was a bill brought against a law
and custom of a minor ; that the question nad been
decided in three different causes, in favour of the
Defendant, and the last cause was dismissed with
costs ; that on this pt.-sent cause coming to issue,
it would meet the s Inv? late.
Lord Lt. nos thought the motion improper, and
dismissed it.
LIBER'EI OF THE PRESS.

Mr. Moir mada a motion to have the Printer
and Pubti.her of certain weekly paper, called
-Lie I gal Itegist,r, taken into custody for a Con-
tempt of Coot, a misrepresentation, arifil libellous
statement of a motion made its Kock la.t, "for
the suppression or the Depositions taken before
Messrs. William Kinglake, and Richard Meade,
of Taunton, in the county of Somerset, under
a commission for the examination of wit-
netses, in the cause of %Vhitelocke a;ailst Sy-
denham and others, and that a fresh commission
should he issted to other Commissioners, on behalf
of the Plaintiff, and that Mess's. Kinglake and
Meade assay be direiffed to pay all the Costs. charges,
and expenses, attending the trecutton of such com-
mission. which was chargerl to have been partially
sr unduly executed, at Morehead, in the said county
of Somerset."
Mr. Haat stated, that the publication alluded to
was published on the 26th of ORoher ; that it was
a gross rnisreFrsestation of the real falls, and
made very heavy charges against the Defend-
ants, as well as the Commissioners ; that even
the Coati itself did not escape. He here lead the
following parts of the publication, viz.—
" There existed in this country a more orange ex&
cotton of a ContailsOuil, than that which formed the subject.
nutter this motion, and of course, the motion was as pecu-
liar and uncommon, as the ease we. Yrendinfei and eaten:l'4i.
nary.. These Comm...aim:is had returutd its We Court of
Chancery the d •positions of twenty one witnesses, by meaty
of whom it appealed, that the Kiiiitifrs name wee
WHtfam
Westlake, by general reputation, and not Wclhaln Whitntoilte,
which 1w was to have proved him.eli to be, in order tether at-
tainment ut liumeuse estate', which he claims to be heir to, in
tire coinage, of Sauteing and Devon, and also ht London,
Surrey, and Wales, as hen in tail male and heir general
u.
Cadens.' Whitelocke, Esq. formerly of the Meddle Temple
LAdons deceased, and Of all tars other branches and d.ocreid.!
ants of that Cleat and opulent family. How these Commis.
wooer could have sent up to the Conti of Chancery suer
pa
agues against the uurversal no•lthign and coneunent testi.
messy of thousands of the itihaormits ui the vast tract of Lind
justly claimed br the Plaintiff, !tir. Whiteloeke, is riot easily
to be feeolletilea to htliladili /tow or 00.01ine• 1051011 roe
tnaguiturte„ hurter, of the object, together with the great
wealth, power, a.ol lnflu.rtee, oi the reseal orediodlite o. toe
great SWAMI in question, 41.1 otriesed to tile P. 11111116; who sun
is. fern,. peepers. Toe Fluntiff's tattier died in lean., and io
a pour-house, in the parish of etlloolll.lll. 111 the said cueut
of *punnet, where be heed aa *eosins to use of the "Imo,
churches upon his paternal 'Oates, ignorant of he t,tie, mutat
abut two years benne his death, when he was about severity
years oat, son without any means of proceeding on gnu eject-
'neon. vilatat be then served upon several of the lands The
greater number of the wit :asses examined at ',teacher% rat
tindtne the nature of the dcporitiors imputed to them, mad.
vomatary affulairita to the effect ut deity toga in paeltlo.o trims,
the tact. returned in their depostions; and the motion was
[(mended ou those and other affidavit.; but tram the great
novelty of such a flagrant charge against Comnssieners, and
the Plaintiff bailie in • ant, at that time, of the indispensable
deed of settiement or trust of the mutes, the star tut coo rat
the
Plaintiff's UV*, no relict was obtained by hi.,. ',yen this
mutton, except that he was left at tiberty to proceed at the
common law, by ejettrnent, or otherwise as his slautild be ad
tined."

Mr. Haar said, he thought it unnecessary to
make many remarks on this scandalous publication ;
his Lordsinp ni•ta remrnib.:r what sate true ca.-
cumstanc:s woo, and see the abominable attempt
to throw an odium on the cliaratters ot not only the
Commissioner', bathe Detendants in that a.ause,
one of whom he was concerned fur; and hoped his
Lordship would order the publishers into conflue-
nt-rat. He doubted nut. but it would be said that it
WAS handed to them for publication. that they piinr-
ed it without thought, without reading it ;* he hoped
that no such etcuse would be taken • that this was
only the common cant of a school-boy, and had been
so often gone over, that it was time it ihossld be for-
gotten. But bow eould such an excuse apply hem i
atter spreading mon a gin's misrepresentation
through ttse extent ot this ',land, nor did the very
Court itself escape? He had known many applica-
tions made to Courts, on similar instances, but such
an unauthorised, unparalleled. and unprovoked at-
tack. he never knew of, through the m.:iliurn of a
newspaper.
Mr. Nawsotr stated, that he was concerned for
the Commissioners, the pity most sei tously in-
jured. Is not the citaranei of every honest man dear
to him ? and where more SO than ill a public calm-
? Were not the Consmissioners appointed by
Ilhitolocke ? were not the witnesses his °sant did not
the Commissioners do their duty ? did not his
Lordship express his approbation of their conduit ?
Then what does this publication say ? Limy were in.
fluenced by the wealth of the Defendants, and the
poverty of the Plaintiff. What gentleman will be
found to accept a Commissi iu lions this Court, if a
vile scribbler of the day is allowed to attack the
vitals of his reputation with impunity ? But it may
be taken in another point of view. May not this
publication be authorised ? There was much en.
mity and aspersion displayed in bringing forward
that far-fetched motion, might not this be the after-
piece, and have the same Authos? He trusted that
the ingenious scribbler ;night meet the reward due
to his merit.
Mr. HhALD stated, that he was also concerned
for the Commissioners, and would nut take up the
attention of the Coon but for a shot t cams ; he was
concerned in the motion which this peoncatinu so
cruelly misrepresnts. The publishers have not
been satisfied with throwing odium on the Com-
missioners, bat also published their Dames and resi-
dences in full length. He felt that his Lordship
would protett the Court, and every Iversen eating
under it. His Lordship, at the time of the minion,
cautioned against its uvieg pubsis:iesi ; therefore the

Nantes complained of atieil its defiance of tha
Court.
Mr. Rica A nos, for the publishers, stated, tl•at he
had only been consulted about ten minutes before,
and could not, with justice tohis Clients, go into the
merits of the motion. without reading the el,svits
the former motion was grounded on.
Lord F.LDON said, the fake representation of the
motives of the Court was the grossest ignerance ;
lower than ignorance. He thought Mr. Richards
right in not proceeding without being fully ac-
quainted with its merits. Postponed the further
heating of the motion until Monday next.

COURT OF KING'S RENtlf, WCSTMIWITII, Nov. G.

Firtt nay or fir hadmiss Terns.

The state of the convifts on hoard the hulks, at
Woolwich and PJTlsiti( ilth, was reported, ac usual,
1.1 the Court ; after which, upwards of an hour wa.
occupied in justifying bail.

SNAIL C. MAIM:ITT.
The ATToseer-GteeaAl. moved for a Rule
to shew cause why, in this case, a new trial should
not be granted. It was x case founded upon an un-
dertaking that a certain ship, called the fleliy,
should sail with convey. The charge was. that she
had not sailed with convoy ; she was Inst. and Mr.
Snail was unable to reenter from the Underwriters,
in consequence of her not having sailed in the man-
ner at first given out. It was advertised that this
ship was to sail with convoy, and cards were aho
issued to that effea ; and, in tea, it seemed
to have been originally intended that she should
sail with convoy; hut the Captain, finding him•
self blown off from the station he had taken,
whet waiting for convoy, thought proper to sail
without it. Under these circumstances, he (the At-
torney-General) had formnly submitted to one of
their Lordships (Lord Ellenborough) that he was
entitled to recover against tile Defendant, as the
Defendant had most expressly undertaken that that
vessel should sail with convoy.. Upon that occasion
be had taken the liberty of mentioning a cause at
Priur, which was twice reported, called Run-
guts v. Digett, in Espinasse's Book, page 64. That
was a case in which a ship bad been put up in the
same way with this one, and yet did not sail with
convoy. The PlaiatifF in that case reentered against
the Defendant, on the greend that be sustained
a loss, which WAS occasioned by that teirestentation.
The report of that case stated tharthe vessel was
put up aml w mewed to sail with coivoy ; and also
that the hill of la ling contained an engagetnent to
that effea. - Ile flaying been Counsel in that case.
he hat taken notes of it; which, not corresponding
with that report, he was led to doubt whether or net
he had been mistaken; and thee-00m he bad lately
sent for the brief, in osder to ascertain the fatt ;
which brief he had now before him g god be found
that the circumstances of that case were exaa:y the
same as this one. The ship was set up frith no such
thing as warranty, but merely with a statement
that she was to sail with convoy ; nor was there any
mention of convoy its the bill of lading. The two
cases. therefore, estaaly resembled each other in
evety particular. His Lordship had told the Jury
that this did not amount to an undertaking that she,
in the present case, should sail with convoy ; but, if
it appeared that the Captain never had any such in-
tention, it would amount to a fraud.
Lord ELLANISOISOUGR" I should suppose tbat
the bill of ladies would contain en engagemeon of
that sort."
Arroaarr-Gsuart•t-14 The truth is, that the
bill of lading does not contain all the stipulations,
either of tho parties sending the goods, or of the
pasty s *ceiling `them."
Lord Ettameoatocom If the case you quote
vary so numb from the reported case, there is cer-
tainly good GAUSS foe a new trial in the present iu•
stance:"
ronstv-GemilleL--." I certainly did cite that
case, and observed upon the distiattoo between it
and this one, and pointed out tbat the appatent dif-
ference was not ,upportc.l by the lass. Your Lord-
ship did not mach advert to that case at all, and
there were go wit :eats called on the part of the
Defendant,"
Lord Eta to soanuos—.4 You can communicate
those particulars, which hive since come to your
notice. to the other gentlemen, that they May are
the sunouisal in which it stands. before it comes on.
I think we had a Case of this kind from Liverpool,
imitated Reid e. Martin, where an advertisement
was inserted in same of the papers, stating that die.
ship was to sail with coavoy, although she did not ;
and there was also snorer Case somewhat similar,
imitscled Simpson e. Icluoilake. —Take a auk to shed
manias and orates a• PALIGRAVS.
Mr. PARK moved for a Rule to thew cause why .
a new trial should not take place in this use, as it
was one attended with very peculiar circunntances.
It was a cause which formerly came Wore his
Lordship at Guildhall. and the action was founded
upon a Policy of Insurance, dated the 16th day of
February,llos, upon the ship Mercurius, at Lon-
don, bound for Tobago and the West India islands,
those of Jamaica and St. Domingo excepted. Po.
licies in general contained cc: ta.n printed words,
such as •• until the ship has moored at anchor. for
the space of twenty-four hours, in safety." But in
this Policy, these pointed words are erased, and the
word at* until unloaded" written over them I so that
according to this eatotraa, the ship was to continue
until she was acually unloaded, at the risk of the
Insurers. TheAttorney-Gerieral relied upon the pay-
ment of the mosey into Court, upwn the general
policy, and theretore he was not bound to ptoduce
that policy. In this he was certainly right ; but
he, Mr. Park, was now in a condition to prove
that this policy was altered after it was subicrobed.
This he could prove by very substantial evidence.
Upon this being barely stated, his Lordship seemed
inclined to give effea to it, and said that he (Mr.
Park) might have a new trial. His Learned Friend,
however, had soon thereafter produced the policy.
but it was then of no use to him, as the Rule of
Court stood against :aim, and it was needless to ask
whether the policy was not altered, the Rule of
Court admitting it as it now stood. His motion
now was, that he might be permitted to amend the
Rule of the Court, upon paying the money due
upon the common counts, together wit'l the casts,
and that he should have a new trial. It his Lurtt-
stop would Luk at his note bock, he Harald ti •st

ease Whe.e a verdi& was gut fnr the befendaati on
paywnt of coils, under such circumstances. In tl a
case of Tothlinson and Biackarnith, in the 7th Vol.
of ne Term iteportc, p. 1012. aft s verde.% the
Court permitted the Record tb be amended from
KIWI. to 1001. ansLaent it.diswn to a new trial.—
Rule granted.

Tim. nitro, •. Picvon.
Mr. DALLAS rose, and expressed a wish that their
Lordships would appoint a particular day for re-
hearing this case.
Mr. Gaa a4sia said, he was told the papers upon
this martOr, (prbich be had not yet seen), were very
numorout, and perhaps it might therefore be thought
most convenient for the opposite party to have ex-
traits made f.om them, in those pelts upon whir:h
they wished to rely.
Mr. Dat.i.as added, that the papers, although
numerous, were all of them to be relied upon, and
in every part.
Er.t.t.,4lstour.ri As soqn as the peremp-
tory days are gr.r.e through, we will appoint a
day"
II IREAS COR KIS
Mr. Viirat.tota mewed for a Rule to uhew come
why a writ of flithu.s Corpus shoadd not be 'sated, in
order to relieve the perms of a young man, named
John Scott, who had been impressed into the navy,
and detained on board the Sksfark gun brig.
could produce evidence that this young man had
never been at sea fur a longer period then from
March last, and therefore his detention was not
within the statute, which requires men to have been
at sea for two years, unless it appears that they Lave
formerly received bounty.—Rule granted.

COURT O► COMMON FLEAS ...Nov. 6.
This day. being the first day of Term. the Court
was engaged for some time in the jastifi iug of hail.
It then proceeded to hear motions.

•
131114 N eni wires. IlLrostorm.
Serjeant DZST moved for a rule to show cause
why the execution, in this case, should not be set
aside ? It was an anion tried at Guildhall, when.
under the direinion of the Judge, the least poss,ble
damages were given. The veraik against the De.
fendant was only for one
_WWI: ; but the Plaintiff
contrived,in the long vacation, to take out an execu-
tion against him, for 631. and upwards, costs. The
Learned Serjeant was aware, that he could, on the
pan ct his Client, set aside the judgment by a writ
of Error ; but he was confident the Court, under
such circumstances, would not subjen the Defend-
ant to the plishability ut being imprisoned for the
length of time which such a proceeding would occupy.
He therefore applied for redress in this form ; be-
taise, although the anion was originally brought
for an assault and battery, yet. in the justification,
nn Mention of the latter did appear. Their Lord
;hips would find, by a reference to two CAWS in the
31 and sat Term Reports, that the Court of King's
Bench, under similar circumstances. set aside the
exetution, upon a simple motion.—Rule granted.
naritiv C. °ODD!, RD.
Solemn SAUCY moved for a Rule to stew cause
why the Defendant should not be allowed to put in
common bail. and have the money paid by him to
the Sherif. in this cause, restored The application
was founded o■ the non-compliance of the Plaintiff
with the usual and necessary process cf the Court.
The Defendant had been arrested for a debt due in
Ireland, where the atlfulavit was sworn before the
proper °dicer. In this country the stores was is-
sued upon the mire affidavit, without a Judge's
cider, which the pranice of the Court rendered nt.
smeary.— Rule granted.

An unfortunate man. who has repeatedly ap-
plied to the late and present Loess CHANCLI.LeI,
stating his right to the title and estates of the
Duke of Nom FOLIC, add d himself on Thursday
to the LOMD CH•NCIILLOI who very humanely
informed hint tbat he could do nothing for him.
and on his pres.ing the matter farther, advised him
to apply again to some. Gentleman at the Bar for
their assistance.
T. Marqu's of Sr/arose, who is most inde-
fatigable in his endeavours to promote, encourage.
and patronise the Arts in England, is at present
erraing a Gallery, at Trentham, in Staffordshire.
to be entirely appropriated to the predation of Eng-
lish artiste. The Noble Marquis has purchased a
outaber of the !est seleßed paintings from the British
Gallery, ameonsiderable txpertse ; these, tog• cher
with severalothers which his Lordship has eefted.
from other sources, are shortly to be seat '‘d to
enrich this new depository r.t the Arts. The Gallery
is to be tiO feet in length ; it is to be constrated in
the most elegant form.
Toursday, a number of our gallant tars, who -
had been wourded at the battle of Copenhagen.
were admitted into the Royal Hospital of Greene
with.
As Sir JOHN Late was driving a pir of young
horses, on Thursday. they took fright in Hendon.
and ran away. Sir JOHN was taken up very badly
hurt ; when the carriage had gone over him, the
horses kept manias on with the carriage near three
miles betore they were stopped.
Rapidly to its dissolution is the Lottery Scheme
hastening. which is sow at issue ; yet, phonix-like,
will a Supplementary Scheme spring from its ashes.
end give new life to adventure. Helder' of Supple-
mentary Ticket! and Shares, many of which are yet
attainable in the Scheme now Drawing, will not
easily be induced to part with them, for that they
will speedily carry a premium is certain ; yet will
they be objeas of much interest to purchasers.
The Ticket, No. 2570. drawn yesterday a Prize
of 4:),000t. was sold by Sir Jassu BRANSCOIIII and
Co. Proprietors of the Lucky Lottery Offices, Na.
11, Holborn; No. 37. Cornhill ; and SS, Hay-
market, in Sixteen Sixteenths ; where the first
30,0001. and the last 25,0001. ever shared, were like-
wise sold ; and where Tickets and Shares are now
selling, warranted undrawn. and Prizes paid on
demand.
J. W•anza, No. 16, Combat, informs the
Holderp of Supplementary Tickets and Shares, not
receiving money. that their identical Numbers
will be drawn over again in the Supplementary
Lottery. nt only 6,000 Tickets, giving them the
chance of the great Prize. of 20.0001 10,0001.
On: Thousands, Five 1-hrodieds, he. ate. Sec. with-
out any additional' expense, or trouble di changing
their Numbers.

FOREIGN INTBLLIGENCR.

LISBON. `•MAIL.

CLITBACTs l'Pot4 LEI TIRO

4* titAos. ocroor, 13. 13(r.

" It is with yce elm wit advise yto, that the alarm-
ing appearances respecting tins c-untry continue
with increased dismay, and .te have bat little hype
of the disiwer heing much 1 ogler sit Tended.
we cont;: a, in a state et coilftisicin, aid are 4,11.1 r•
irtg to ger away. We has.' nn I.tivice •
the F., .rocps having commenced :heir Mire
fr rn ' •iymtne, and in consequence the convoy, which
Nos been rerOusly Aps+nint to sail on the 12th,
has ,•0.1 put atf ra the th:th, for the purpose of g virssr
as t urn time as posslile for the fliitish.sthj.l3- and
..• Yet Into v.adiness, as well as to f,e.• it seine
in• .e Ea .-dish vessels mar orris... in this river, as the
somber at pr sent her.. ie insullic:ent for the acci.rn-
rno..;stion of the Foile who are Anxiously wishinf.
to yer awes.. Some f I's are endesvraring to non
thiv.• en remain here in safety until the 10.11 of next
month, for the purpose of obtaining means to pro-
ester the am Mans of onr f; n•itives.
The rtren,s here are so variable and confused,
the, i• it quire impossitslo to rive with certainty ally
oninion or. the absolute intentions of the Onvern-
wl One th:rig, however, appea•s past clenbt,
teat if t' r Feench, on any pretest whatevrr, march
vn army twrt., t'ie Prince Regent will go off to the
Every preparation coatinnes to be made
e • all events under the pretence of sending
tl•r e de Beira thither, with the title of Lcrd
high e.eniteahle."

•r our. 14.
" isCe nine of yesterday there is nn alteration for
heist r or worse in the state of things here ; the same
a^tivity continues in fitting out the fleet. and the
Ftench and Spanish amiss remain in the tttne situ-
ation they we►r in a month ago. •1 he E.setange
on London at 90 days is 64."

" OCT. 1.5.

The sailing of a veesel, the Gat.ronik, appointed
as a packet. being pot of until twelve o'clock, this
slay, and an longer. we can only inform you, that
the Toorsiontei packet. from Falmouth, is coming up
die Rive►, but the letters by her cannot be given oat
befo►e uhi afteanoon ; but as she will be appointed
to dep:.•t again immediately, we shall then write
what further may occur."