The British Press; or, Morning Literary Advertiser.
London, England, 1821-06-02 00:00:00

DEATH OP THE EARL OP STAIR.

His Lordship, we regret to state, died yesterday at his
hou.e in Spring-gardens. Re wall the sixth Earl, and suc-
ceeded his father, John, in 1719. His Lordship's titles were.
Earl and Viscount of Stair, Viseount Dalrymple, Baron of
Nrwliston, Glenluce, and Stranraer, and a Baronet, all
Scotch titles. His Lordship dying without issue, is suc-
creded by his nephew, John W. H. Dalrymple, uuw Earl of
Stair.

The Princess AUGUSTA and Duchess of Gz.ou. i
CESTER went to nagshot yesterday, and returned to
town no the evening.

Prince LEOPOLD had a select party at dinner
yesterday.
One of the Messieurs ROTHSCHILD, brothers
(CHARLES), who is now at Naples, has obtained
from his NIAJESTY the title of Margais.—(Journal
des Debars.)
The remain• of Lady MARIA Gaßy, second
daughter of the Earl of STAMPORD-AND-WAR-
RINGTON, pasard through Newcastle-under-Lime
on Thursday last, en the route from the hle of
'Maid, where she died, to Dunham blowy, his
Lordship's seat, in Cheshire, for interment in the
family vault at Bowdon Church, near that place.
The rid lowing gentlemen were yesterday (Friday,
Julie Ist) called to the Degree of Barristers at Law
by the Honourable Society at Linerdn's Inn :

Henry Ntittiltewa, Wiliam Grove, Edwio Muddy, Robert
Lucas Y It, Robert George Cecil Flute, Thomas Henry
Hope, and Robert Brandt, Enquires.

The Royal Academy of Paris has made a report
to the Minister of Marine and Colonies, on the soy.
age of circumnavigation of the corvette. the (ironic,
commanded by M. L. FREYOINET. This report is
published in a Supplement to the Moniteur otTues-
day, and occupies an entire sliert. it states, that
the principal object of the expedition was to discover
the figure of the globe, sod that of the elements of
terre.tiiiil magnetism. It then proceeds to recite
briefly the various observations of M. FREYCINCT,
in the course of which he visited the Cape of Good
(lope, the Isle of France. New South Wales, the
Scidwieli Isles, Rio Janeiro, Monte Video, &e.
0,1 the 10th of November last he arrived at Cher•
burg, after a voyage of three years and nearly two
months. The Royal Academy conclude their Re•
port with their approbation of the zeal, taler.tp, and
diligence of M. FICYCIWET.

LAI, ANTSLUIVENC F.

toURT• OF SING'S RENCR. WLITMOISTER,
refuse, hint I.
The Lord Cour Justice sit fir s Omit time
this morisiug at hfei !'rims. and dispe.ed of souse
trirdefended causes, river which some ►notions were
made.

RIESIER v. SIR ROBERT PFAT.
The SOLICITOR GKSRRAL pAirwrti cause
a role odecit had been ontatiled by Nlr„ penman,
for staying the procerdolgs on a cognacit, on the
ground that at the ttrue .f the execu:ion of it Ilse
Derr v4:14 Not as,..re of the nature of the in-
Strome''', awl tabO that no proceediags had been
takeit on it front 1811 to the year 1819.
The SOLICITOR GENERAL HOW seed the affida-
vit& of James Lowe, bumf/tug partner of Conner
and LOWY, winch sheered that the Defendant had
applied to 'toy, the piroverdiogr4 in an isciton
brought by the Plaintiff o.i a bell of exchange
for 1001. accepted.by lone, and eel forth elan that
he had received a letter frOttil Joseph Da::11"9,
the Defendant's .4 ttornry, stating ihtt Srl Robert
Peat having informed itim that his (Mr. Loge's)
el:east would take a warrant of attorney for the debt
and costs, hr begged to know the amount of them.
The l.earned Gettilerwisi stated that judgmel.t was
signed nu the cogmorit tin ed July, 1911, and execu-
tion matted in March 1814, though the Defendant
had said that. be had heard nothing of it till 1819.
The reason of the delay was, that the Defendant
had got his name entered on the book at the Secre-
tory of State's Office as a privileged person, being
in some sort of ntlice attached to a foreign tong
bossy, and therefore he trusted the Court would
discharge the rule.
Mr, DENMAN said, the grounds on which his
client had moved for this rule had not been au.*
swirled. He had stated that the eognueil was given
conditionally, and was called at the time a memo-
randum. That ems Sir Robert Peat's statement,
to which, he contended, no contradiction had been
given.
The LORD CMIEDJUSTICE said, the only ground
on which he had granted the rule to 'thew cause was
the great length of time between the execottois of
the tognovit and the putting it in force. Kit bed
nut befit for that consideration, he should hardly
have been induced to listen to a person in the De-
ft:n(l4'los situation in life, sat nig he had signed a
paper without knowing what it was. The cause of
the delay had been satisfactorily explained, and,
therefore, there was no ground fur sustaining the
rule.

Rule discharged with costs.
THE KING V. CARTWRIGHT AND OTHERS.
The Defenchnit, Maddock*, asked permission of
the Court fur a friend to ►rsd his defence.
The LORD CHIEF JUSTICE told him it could not
be permitted.

The Defendant then reed from a written paper
a series of observations on the Grand Jury who
found the Bill, on the Special Jury who turd the
cause, on the Counsel who connected it, and on
the witnesses who gave their testimony, in the
course of which he was frequently interrupted and
admonished by the Court. but as he continued in
the same irrelevant course—

The LORD CHIiiJDITICE,after consulting with
the other Judges, told him that unless he confined
himself to the topics proper for a person in his
situation, the Court would be obliged, though with
the grestest reluctance,to impose silence upon him.
The Defendant concluded by stating, 1114 he
had three small children and a wife almost broken
hearted. It was in their Lordships' power, and he
had no doubt they would visit him as mercifully
as others who had been convicted of similar
offences.

Mr. MILLS begged to inform the Court that he
had been applied to to state something to their
Lordships on the part of the Defendant Lewis.
The COURT refused to herr hin►, as the De-
fendant was not present, and the Court were not
about to pass any judgment upon him.
Mr. DENMAN rose to offer to the consideration
of the Court, on the part of Major Cartwright,
those topics which it was his duty to suggest in nsi-
, ligation of punishment. He contended that for
persons not represented in Parliament meeting
together, for the purpose these Defendants did,
however absurd or useless, was, according to his
uuderstaiuliug, no offence at law. Had they forged
the King's writ, or pretended to any authority
which they did not possess, that undoubtedly would
have been a great misdemeanor. There was not
the smallest insinuation that the meeting was at-
tended with any tumult or :tot whatever. He
would not bring before their Lordships the question
whether the Legislature was constituted as it ought
to he for the fit performance of its function., hut
the belief which his client entertained to the con-
trary was, he contended, though not a justifies-
tMti, a ground of mitigation of punishment. He
did not say the Defendants were juteified by it. yet
in all ages the people of Englend had exercised
the right of considering public grievances. Even
if there had been any overstepping of the law, if
he could shew that their intentions were consonant
to those of all the great men of the last and pre-
sent age who had considered the subject. it might
surely be urged with propriety in mitigation of
punishment. He felt it his duty to press this
point with zeal, as lie feared the real question
would be lost sight of, and 'treat danger would
ensue to the subject's right of petitioning, one
of the best interests of the country. He in-
ranted the Slave Trade as a grievance %Mich had
been put down entirely by public opinion and
public meetings. Could those parties he told, You
are conspiring to bring into contempt these indivi-
dual merchants and captains engaged in that trade ?
It might be that the House of Commons was the
purest imaginable— it might be that no man sat
there to represent his own pocket, or to represent
the interest of a Peer ; but if the Defendants con-
scientiously thought otherwise, and met with a view
not to excite disaffection, but to bring about a ne-
cessary and salutary reform, such being their bona
fide intention, they could only be said to be
exciting that moral disapprobs ' which neces-
eerily followed from the recital of wrong.—
There never was a man, he contended, maitre free
from rancour, party spleen, or any corrupt motive,
titan his client, and no one could read his affidavit
without perceiving in it marks of a pure and
patriotic mind. He (Mr. Drumm) did not think

perlisps that 108.11)10,y could be reduced to time.
nee, hut if his client comicientiously believed it,
would mot their Lordships thisik that he stod. in a
eitustion free from the ithPutatiou (except in •
technical sense) of seeking buy alteration, by
means which their Loodships could disepproves.
Hi. client less •now eiglity.fonr years of age, and
timing cm the seine peinciple which he had dime for
huff a century {the promotion of the public good),
he went to and attended a public
meeting there; betook no part therein; the speeches
he hot not hood ; he had merely returned thanks
for soine eomplimeists which Fuld been paid him ;
that sees the head and front of his of ead i seg. for
which he hes to receive the sentence of the Cond.
Ile bad stated to their Lordships in his Old ono,
lb it it itshuuld pleate tlie"Couit to inflict a floe
on him, it would not affect his personal comforts
only, hot "motif disinherit an innocent and mutable'
OtTlia.., the daughter of his elder brother, whom he
had ailmeed. Oa the other hand he (%tr. Drnmaq
mint call to the coosidenvion of the Court, that a
sentence of long imprisonment would confonn4
eegeilier offences of very different description. mid
chantroerv, as different it. light and darkness, which
woithl relleet more discredit on the justice of the
Court than the per.ott nu whom the sentence was
puswd. He begged lease to say on the part
of M.ijor efirtwtight, that tie did not deprecute
punishment ; having been found guilty by a Jury,
be stood ready to beer it as • firm man, and i. 4
would add, with something of the cooetaucy of a
martyr. cousidering himself as bearing tetstimony
to a greAt principle, had that principle been re.
pressed Mitten+ . and Milton would fur:, flute
written, sod every matifrous thelseg.iiiiirig of ledie
would have beet} prevented Grim lilting up hits
voice against abuse sod. oppre.aion. 'rock Lord-
ships %%mild consider the whole of the caw, so 4
must, he would take ilia liberty to say, pass
sentence with a teepect tor the civirerter of hits
Client. Before he sit down he tburight it his
dory to say. that he had received use intim..
host farm the person in tepid to «how tar
lerest .Major Cartwright had besought the Court to
punish him by impri.otimetst rather than fvyiwty
desiring him not to permit any consideration to in.
tarter, in the slightest degree with the accommedee
Cots of Major Cartwright. Such were the feeticlos
with which those dear connexions came before the
Coprt, arid though his Client eat the nominal De.
(aian', he would not he the greatest suffiTer ; there
were hearts now besting with entirety an his acceurir.
and be the sentence whet it migto, there were tit
public who would respect hiiw, awl a posterity
which would judge and appreciate his. condors.
Wheu the learned Comm! concluded there was a
burst of applause which was instantly repressed by
• sense of what was due to the decorum of a Court
of Justice.

Mr. Hut then rose, arid said Ile also *au of
Counsel fur Major Cartwright, but as he felt it
impossible to add any thing to the eloquent oppriii
of his Learned Friend (Nlr. Denman), he would
not weaken the effect of it by saying a single geoid.
The Defendant Wooler then addressed their
Lordships. He said, after the full disca.anni which
the subject had received, there war little necessity
for hint to truoble them with any obseraatinna„ Ike
asserted in the most solemn manner i,is belief of the
legality of the matting, end the objects fur which
it was culled, tl gh he took tin active part in ol•ro
calling of it, or proposed any Own
there. True he had attended it and moved ilisok•
to the Chairman, and as he conceived every subjrct
of the King had a right in be in any pqrt of the
realm, their Lordships would not, he was sort-, im.
flute it to him as to crime that be happened to be at
Birmingham Oil the day of the meeting. The Lou!
Chief Baton had allowed there was no statute
against this meeting, and if the common low wr!e,
ss it was said to be " the perfection of reason;' it
certainly was not conirary to that, as it was eio
principle of COIIIOIOO sense that the people of Mr-
m;itgliatu should not be represents's! in Parliartient.
He would regrind the Court that the meeting took
place before the passing of the six Acts, by. which
such meetings might be rendered illegal. .Ile‘stit-
nutted that if any charge of conspiracy
.cqulel be
proved, being present, he eras to all intents sod
purposes s party ; but he had never had tl,le
slightest concert with aoir,of the parties. Ile
pressed upon their Lordships the_ tojnry which dile
Defendant, had sustained by the sort of prrjudica_
tion their case had undergone. A pruchiniuticn
from the highest authority had issued, clitirOng it
as a crime of the highest degree ; and one of the
Learned Judges from the Bench lied charged it as
a crime little less than treason. Under such dW-
advantageous circumstances, the Defendants turd
gone to trial. He proceeded to contend not: the
meeting did not elect u Member of Porli..ineat,
but an Attnn tiny, who was to plead their tight to
he represented. He referred to the statute of
38 Henry VIII. cap. 1, by. which, .supeosing that
were done which was charged to be (lout, a
punishment was inflicted for it. That punishment
was the payment or a penalty of ta/. As. thel:(the
Defendant.) had committed the one fiftieth pattteif
that offei,ce they ought therefore to pay ievenalty
of ei. 11, concluded his very juidicious ispektinp-
perate appeal by entreeting. they Lorilehips to
pardon arty excess of leellog which might have limo
displayed by ilte.Defendauta, amdto trite into con-
sideration the .sufferings oad. imemoaerreacm,they
had already experienced forcoadttet which they ,bod
never. considered as.. crime.
The So.r.tcrroa-G.mimaaL briefly addressed the
Court in reply to the, topics wlsich had mearyasito
in mitigation, anddwelt marticularly om the slaloms
language used at theuseetiniga . .10 •
After a short consultation with his Lemrmod
Brothers—
Mr. Justice BAYLEY declared the judgment of
the Court at considerable length, discriminating
with his usual accuracy, the different degrees of
criminality which by the evidence appeared to at-
tach to each of the Defendant.. Collecting that
evidence as it regarded the Defendants Maddock%
and Cartwright, from the Judge's report. .of the
evidence delivered at the trial, arid loulting.to the
tinblicatioris which Edmunds and Wooler had put
forth of the proceedings for their shares in the
transaction, he --denied the isiertion frequently
made at the meeting, that every man had an in-
6rent right to concur in the election of a person
to represent him in Parliament. If that were the
case, why. not women too, but that had Direr -bien
insinuated; yet had the right been as asserted, it

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