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UV INTELLIGENCE.

COURT OF CHANCERY, FRIVAT, MARCH 29.
GUARDIANSHIP.
sevstora v. gusrottAko ANOTHER.
This case respeas the guardianship of the Ho-
%table Mary Seymour, the infant daughter of
the late
Lord Hugh Seymour, by his wife,
lig illeHLoorartia, daughter of the Countess Weide-
, now Duchess of Gloucester. Lady Mary
at present, under the care and pxotefition of Mrs.
11rherbert, from whom her uncles and testamen-
guardians, the Earl of Euston and Lord G.
/moo, seek to remove her. From the rank and
ftability of the parties in this cause, the public
rest was excited to the highest degree, and the
out
wit uncommonly crowded at an early hour.
Messrs. Easeise and ADAM were specially
noel on on the part of the infant Plaintiff, along with
etsrs. Rammer, Foe Ist. a meet, and other
t and distinguished gentlemen at the Bar. The
nestion came to be considered upon the report of
e Master of proper persons to be appointed guar- I
dians of the three infant children of the late much
lamented Lord Hugh Seymour, and Lady Horatio.,
its wife, both of whom died within a few weeks
if each other ; the former in the West Indies, and
he latter in England. The Master had reported
that the Defendants, the Earl of Euston, and Lord
George Seymour, were proper persons to be ap-
pointed the guardians of the persons and fortunes of
the infants, and the cause now came on upon two
petitions; the one to confirm the Master's Report ;
the other taking exceptions to that Report, and
praying that it might not be confirmed, with respeft
to the youngest infant, Mary Seymnur.
Some preliminary observations were made by the
Counsel on both sides, with respect to the form in
which the question was to be brought before the
Court; in the course of which, Mr. EliblCl NE ap i-
logised for his want of knowledge in the forms of
else Ciurt, owing to his habit of practising in
Courts of Law only ; but he, as well as the other
Counsel on the same side, contended, that the con-
stant course was that the exceptions should be
heard before the Master's Report was confirmed.
On the other side, the Avtoescv GENER AL.
Mr. RICHARDS, and the other Gentlemen along
with them, insisted, that as their petition for con-
firming the report stood first, it was his duty ti.
open it, sad to satisfy the Court that the report
should be confirmed, and that then the opposite side
sight state their objeaions.
The LORD CHANCELLOR observed, that in cases
where infants were brought before the Court, it was
his duty to look into the matters of the report. His
Lordship then dire led that.
~Mr. I; 'seine should
pnxeel, first to state the report, and then make his
objettions to it.
Mr. Easel me, in a most animated, eloquent, and
impressive speech of three hour, length, ads:sassed
the Court. He set out with observing, that he
should officer the mind of the AaToaNey GF.SLRat.
from any difficulty he might feel upon his first ad-
dressing the Court, in faithfully doing that which
be would have done. He should state the whole of
the petition, which be would literally take for his
text, and make such observations upon it, as should
*CA'S "Rl' .1.• %in. The petition ret forth the ord.fr
dare-tine the Master to approve of proper person or
persons to be appointed guardian or guardians
to the persons and fortunes of the infants, that
the necessary parties should attend the Master,
that he should enquire and report the ages and
fortunes of the infants, and on what grounds
he should approve of such guardian or guardians.
On the Bth of February the Master made his re-
port, appro.. ing of the Earl of Euston and Lord
George Seymour as proper persons to be guardians.
The petition then set forth the marriage. settlement,
which it was not necessary to state at length ; and
the will of Lord Hugh Seymonr, dated 17th of
April, 1793. Of this last it was necessary to state
these words : is I nominate, constitute, and appoint,
my beloved wife, Lady Horatia Conway, otherwise
Seymour, the sole guardian of my children ; but,
in case she shall hereafter marry, I appoint the
Earl of Euston, and Lord George Seymour, joint
guardians with her." In the codicil which follow-
ed, lie bequeathed some tokens of friendship ; his
sword to His Royal Highness the Prince of Wales,
as a gift from His Highness's most sincere and at-
tached friend; to his dear friend the Earl of Euston,
a ring, which he received from the Prince of Wales :
as he was sure it was a bequest His Royal Highness
would approve of ; to his eldest son the gold watch,
which he also received from His Royal- Highness.
After other bequests, he desired the remainder of
Lis fortune so he held in trust for his dear and be-
loved Lady Horatia. According as his f atone in-
creased, he added other codicils to his will ; and, pre-
vious to his leaving London for the West Indies,
thus concluded the last : " I conclude with blessings
for my dear wife, and hope my last prayers will be
wafted to heaven for her and my children's hapP '-
hiss. /1 wish this for the unbounded love I bear heri;

and my only hope is, that my devises may be libe-
rally construed in her favour." The petition then
stated, that the Child was, at the time of Lord
Hugh Seymour's death. five years old, and tesid•
ed with Mrs. Fitzherhert. That, according to the
judgment of the Earl of Euston, it would require
MI. per ann. to maintain and educate the infant
when removed from that Lady. The Master then cer-
tified, that he maturely considered the whole of the
evidence before him. The learned Counsel made
several observations upon the Master's Report, and
the matters contained therein; after having heard
all the evidence, it appeared to Lim that the Master
had not considered the subjeet in a proper view ;
he had considered Car Respondents as the Testame-
ntary Guardians, whereas they were only to be the
Assistants of I .ady Horatia, in case of a cet lain event.
Stich was the regard, such was the affection of Lord
Hugh Seymour towards his lady, that, notwithstand-
ing the event of a second marriage, she was still to
have the guardianship of his children, with the as-
si.tance of his two friends. He considered it a
most irrational Report, with regard to the matter
referred ; and if such were the way the Master con-
sidered the subje& it mattered nat. if an Angel
from Heaven came vlown, and with an hundred
tongues told the tale, It would have no weight with
tilos Master. Upon his view of the case, the ap-
pointment of a testamentary guardian was an unto-
Manorial omission in the Will. Lord Hugh Sey-
mour could not forsee that Lady Horatia would

die first, his soul was wrapped rip in this partner
of his affeCtions ; he looked no further ; he WAS a
man of rank; he was not ignorant of his Lordship's
superintendauce over infants ; he did not look to the
event of het death, because he well knew the pro-
teftion of the Court would extend to his children.
Had it haipetied that he himself was suddenly
struck with a mortal distemper, he should have
dune as his noble fiiend Lord Hugh Seymour had
done; he would have lett the guardianship of his
children where this is left—under the prerogative of
the Crown, vested in his Lordship. His i,ordsliip
could have no partiality or prejudice ; he must be
guided by sound judgment and reason. There
were various other reasons for his differing from the
Master's report ; in the codicil of April 1797, no-
thing further was said relative to the guardianship.
This noble Lady was the polar star of her affeetion-
ate husband. He did not repose any particular
trust in the Earl of Euston and Lord George Sey-
mour. The Master therefore must have been satis-
fied something was specially left for his considera-
tion, relative to this particular infant. He appre-
hended Master Ord was afraid to know Mr. Ord,
in the consideration of this question. He had look-
ed at it as a mere matter of law, without consider-
ing the peculiar circtinistances of ,he case; and, after
hewing examieed all the -vidence, he took no no-
tice of it in his report. This was a case to be de-
cided by plain teas, such as a prudent man and a
father of children would consider. His Lurdshie,
in hearing theist, would not be biassed by any var-
nish or gloss which Counsel could be euve.
The first affidavit he read was ilea of
MRS. FITZHERISE RT.
It stated, that for upwards of 17 years she was
in habits of the most cordial intimacy and friend-
ship with Lord Hugh Seymour, and Lady Horatio
Seymour. The latter was in a declining state
of health, and ordered to Madeira ity her phy-
sicians. She was in great distress of inisid with re-
spell to the disposal ot her children during her ab-
sence. She was at Bath in she winter of 179Ss whet.
Mrs. Fit ele roert wrote her a letter, offering to take
charge of t...ese children. 'File answer he considered
one of the mast important falls in the case. In it
there appeared no repugnance. no regret at parting
with hee child ; on the contrary, it was full of ex-
pressioe; of gratitude. 'Phis letter Tee thus:—" I
received y;ur letter, it was like yourself, all that is
good, kind, and comfortable. On Monday I iiiteed
to leave this, and jexpea to be at Portsmouth on
Tuesday, where I hope to meet you. I know not
how to aa about little Mary, or to impose such a
task on you : if her little finger but ached, you
would be frightened ; yet I cannot express how I
feel your kindness." Upon the meeting afterwards,
it was agreed this chid was to be given up to Mrs.
Fitzherhert ; end it epee. Bred to be a great comfort
to all parties ; and to reke this charge, she was in-
duced, solely by her friendship to the patents, and
from the delicate state of tJia child's health ; she
could have no other motive than a sincere affediun
for them. In another, letter written to Mrs. Fitz-
herbert, she says:—•• I have written m Lady George
Seymour, to tell her little Mary was to he your
child." Comparing these letters with the affidavits
of the Countess at Euston, he asked whether the
mind of the Lady was not better decvphered by
written evidence, than by any declarations made at
a rerr.ste perioh ni .ime ? en.) whether the Cennten
of Eits..on might not have misapprehended the fall,
when she i• .nnuated that the cite at the talent was de-
livered over with regret to Mrs. Fitzherbert ? Every
mother feels deep regret at parting with her child,
particularly when she supposes it is for the last
time; and this was a pattern of mothers, whose
feelings were ever alive to maternal tenderness, who,
as a wife, as a mother, and an individual, was the
pride of her sex, and the ornament of human na-
tare. On the part of Mrs. Fitzherbert, there could
be no other motive in lite than her sincere regard
for the father and mother ; it could not proceed
from the endearments of the child ; for at that pe-
riod she was not more than a month old, and of a
most delicate frame of body. It was asserted, that
Lady lloratia was out of spirits; there was a seem-
mg regret et her parting with the child : was his
Lordship to take these expressions in such a sense,
and deal judieiaUy with them ? The last words of
Lady Horatia, sailing from Portsmouth, were ex-
pressive of the natural regret of a mother, mixed
with the confidence of a friend. Lord Hugh Sey-
mour expressed his gratitude to Mrs. Fitzherbert
for the care she took ti the pledge iit their mutual
effeetions. What was the first cause of this confi-
dence? A long tried friendship between these par-
ties. Was not the piCture of her mind to be drawn
from her affeCtionate expressions ? In what sense
was her letter to Lady George Seymour, that this
little Mary was to be the child of Mts. Fiusherbert ?
These parties, who now sought the guardianship
of this infant, had made an eulogium upon the care
of Mrs. Fitzherbert, which they little intended
they expressed a fear that the attachment of the
infant had been transplanted from the natural to the
adopted parent : he admitted the danger of divorc-
ing the affeetions of a child from the real to the
adopted mother; but it was evident that she fre-
quently mentioned the mother to the child. She
continually kept the living parent in the view of the
infant ; all these falls stand on written evidence,
which overpowers assertions, and chew on what
principles this pledge was delivered by the mother
to her confidential friend. This child WAS delivered
over to Mrs. Fitzherbert in the absence of her mo-
ther, by the vet y persons who now sought to re-
m tee her after a residence of eight years. Lord
Hugh Seyrroar sailed for Port Royal, in Jamaica,
in the month of Jane 1501, Lady Horatia died in
England in the July following, and the death of
Lord Hugh occurred in the month of September ;
Ise was unacqueinted with the death of his wife.
Ile again adverted to the affidavit of Mrs. Fitzher-
bet t. and her solemn declarations, that, considering
herself under an obligation of the most serious na-
ture, the had discharged the duty of a parent to
this infant, and, if appointed to the guerdianship,
would educate her at his own expellee, in order
that her fortune might increase. As a farther
proof ot her affeltion to the child, she, on perceiving
: er forwardness at learning, applied to the Bishop
of Winchester, to recommend to her a proper per-
son to instruet her in the principles of the ~eligion
of the church of England, and requested he
would himself inspelt her progress its religion.
It appeared from the affidavit of the
that he had examined her, and found her per-

fe.ily capable of receiving his instrudions, and
her comprehension so miich superior to the gene-
rality of children of her age, that he put into her
hands those books he thought most suited to her
capacity. He recommentLa the Rev. NIT. Crofts,
chaplain of Portland Chapel, who was accordingly
appointed her instntdor, in the principles of the
religion of the Church of England. Mrs. Fitzherbert
admitted, she professed the Roman Catholic faith,
whiclivaa.the religion of her parents ; and she always
openly declared her opinion, that children ought
to be brought up in the religion of theii forefathers.
She was not in the habit of making converts, and as
a proof of this, had bred up a child of inferior rank
in the Protestant religion, though she had no obli-
gation whatever to do so. He had a pride and
satisfaetion in saying that this was a reign of tolera-
tion ; all distindions which could touch upon the
present case were totally removed • the penal sta-
tutes had considered the Roman Catholics as persons
dangerous to society; but, he thanked God, all these
disabilities were now done away, and that their re-
ligion was not only sanctioned but proteded. It
would, therefore, he most opprobrious to say, that,
after having enjoyed places of trust, after having
been received as lawyets at the bar of that Court, it
should be said that their oaths were not sufficient. As
the case stood at present, it was to be said, what was
wise, just, And proper for the benefit of the infant :
if this lady was appointed, she had not an uncon-
treulel authority, Isis Lord:hip's fundions did not
fin,•li then, he might remove her at pleasure.
The child was of a delicate constitution ; separation
miseit be the cause, perhaps. of death ; it was tear-
ing her very vitals away, to deprive her of the ten-
derness of this Lady's affedionate cares. In confir-
mation of this, he referred to the affidavits of three
several physicians. Dr. Blanc, who was her physician
in ordinary, and had attended h-r from her infancy,
declared she was of a most delicate constitution ;
the mother, during her pregnancy, had laboured
under a mortal disease, and, from the time of this in-
fant's birth, she had been weak, and of a debilitated
habit. She was a child possessing remarkablesensibili-
t;; she was subject to bilious complaints, which, of all
others, were most likely to he increased by an irrita-
tion of mind. Sir W. Farquhar and fr. Frayer were
us the same opinion ; the latter was a constant wit-
ness of the warmth of affedion of the child to Mrs.
Fitaherbert. and all agreed, that a separation from
her would be attended with the most serious and
tgarrning consequences. This was a species of evi-
dence which it was found necessary frequently to
relott ta, and Court. of Justice always admitted it,
aad in many cases, no other testimony was consi-
*lewd ; if these affidavits were not sufficient, if there
revere any probable cause to doubt them, the town
Iteetned with physicians, who might be brought to
shew these accounts were exaggerated, but no such
appeared, no doCtors differed here, arid againu these
physicians there was nothing in the scale. What was
now to he done was the question, and he knew no
person of more sensibility of Kilnd than lie whom he
had the Itonin.r then to address. The Earl of Euston
desired his Lordship would try this experiment, and
remove the infant, but what was to be gained
by this ? The child was lost, and then it was to be
said, who could have thought it ! If a sacrifice
were to be made, it should oe done for some parti-
k esthir purpose. To immolate this child could an-
TIO purpose. it could not swell the page
of history, or add glory to the present age,
, but was a rash, unprincipled, and cruel experi-
ment. He again adverted to the report of the
Master. He knew Mr. Ord in private life, as .4
reasonable man, and of sound judgment; but
when he got into his office, he gave him up ;he was
then like a bird in a museum, stuffed with parch-
ment: his feelings were absorbed in the letter of
the law. He remembered a piece of advice he once
received from this Gentleman, which, as it was no,
irrevelant to Inc subject. h, would repeat : " lou
transplant your trees too old, by changing the soil,
you destroy the sap " He would advise him in re-
turn, how he would transplant the human mind,
he did not understand the transplanting of trees, that
he would leave to the Master. These observations were
the spontaneous effusions of his mind, upon the fads
before the Court ; he therefore thought they were
considerations for his Lordship's better judgment.
He then stated the affidavit of His Royal Highness
the Prince of Wales, which, though the oath of the
most illustrious person in the realm, he would claim
for it no other attention than that which would be
given to the meanest subject. This affidavit set forth
the great intimacy which had subsisted between his
Royal Highnessand Lord hi uga Seymour. About the
month of June, 1801, His Royal Highness received
a message from Lady Huratia Seymour, requesting
to see him ; he accordingly called at her house, but
was told she was asleep. He received a note from
her in the evening, expressing her disappointment
that she had not been apprised of his visit, and en-
treating to see him next day. He went next morn-
ing. and found her in an extremely debilitated state ;
she felt much emotion at seeing him, and wept ex- ;
ceedingly. After some time she became more com-
posed, and he endeavoured to console her with the
hope of recovery ; but she desired him to be silent,
as she had much to say, and knew not how far
her strergth would enable her to proceed. She
then adverted to the interruption that had taken
place in the intimacy between His Royal Highness
and Lord Hugh Seymour ; she observed how for-
tunate she was in her friend Mrs. Fitzherbert, and
expressed her satisfaltion at the care which bad been
taken of her child. She continued—" I have more to
say to you: if you will take an oath tube the f obit.
and protector of my child, I shall die contented."
She appeared relieved by his assurances to that
effeft. l'he other children were called in.—
Soon after the Countess of Euston was an-
nounced, and a general conversation took place—
Lady Horatio died the next day. If this had
been sworn by the meanest man in England, much
less the Prince of Wales, it was a strong confirma-
tion of the wishes of the parents. The Prince had
declared his effeCtion fir the children, well knowing
that the soul of Lord Hugh. Seymour was virtu-
ously wrapped up in this inestimable and beautiful
woman ; he retolleeted her dying injunetions, and
the warmth of her affection for her husband, and
the pledges of their union. The Earl of Euston
was anxious to take away the child, and had ad-
verted to letters which could not be produced, being
btu nod—burned letters could be no evidence against
Close which could be produced, and the conversation
A.A
asathacw to was subsequent to all those. Gwaral

KO* was Governor of Martinico when Lord Hugh
Seymour and Lady Horatia were there, and fre-
quently heard them express the highest satisfaCtion at
the manner in w:)ich their child was proteded. One
affidavit more he begged leave to advert to, which
was not before the Mast -r ; it was the affidavit of
Mrs Butler, who had formerly lived in the family
of the Countess Waldegrave, and afterwards re-
sided with Lord Hugh Seymour and Lady Hora.
tie ; she was the person who brought home the two
eldest children from the West Indies, and swore to
their frequent declarations of their utmost satisfac-
tion at the situation of their youngest child. In
conclusion, he adverted to the jurisdinion of his
Lordship, who, under the particular circumstances
of this case, he WAS well assured, would ad not
upon rides of law, but in the exercise of his sound
discretion and superior ';udgment. It was not a spe-
culative question, but one on which time had set as
seal. The pledge committedm Mrs. Fitzherbert's
care was fulfilled, the infant was happy, she was re-
ligiously and virtuously educated, her health was
taken care of, and her fortune increased. The harsh
divorce, prayed for on the other side, would be a
ha..ardous and cruel change, and the grounds on
which it was sought were not a feather in the scale
against the weight of corroborating testimony for
her remaining where she now is. The Prince of
Wales was called upon to interfere, and he had eon-
duCted himself in the most noble and princely man-
ner, from the affe&inn His Royal Highness bore
for the memory of t:ie infant's patents. He was well
assured there was no case in which he could antici-
pate the judgment of his Lordship, with more cer-
tainty than the present.
Mr. Anau followed on the same side, and in a
most eloquent and argumentative speech, adverted
to the several pinias in the case. He set out with
expressing his apprehensions of his inability to treat
the subjaft, after the vet y brillia7a display of elo-
qiience by his learned friend Mr. ESSILINS, who had
left tittle for himto observe upon. He arranged his ar-
gument under tour different heads. First, me health;
secondly, her moral and religions educatious thirdly,
the o!ijeCt of the parents; and, lastly the fortune of the
Tisese several points lie enlarge s upon with
great eloquence and strength of argument, ',hewing,
in every view, the intentions of the parents respecting
this particular child, and the advantages that must
be derived to the infant, should slie be permitted to
remain under the protection of Sirs. litzherbert.
Mr. Rost la v was proceeding on the son* aide,
when the LORD CH A race' Loft intimated the neers-
sity of his going to the House of lords. His Lord-
s'ap informed the Gentlemen of the liar that he
should hear the question again considered to-mor-
row ; but as there was a considerable number of
Bankrupt Petitions to be dispcx.ed of, which were of
great importance to the public, this cause must
stand over, atter tu.morrow, until they stall have
been decided.
Messrs. Romit.ty, FoNsim4Qus, aad two other
Counsel, remain to be heard upon the same side.
On the other side are, the Atroassat Ges ea t,
Mr. lima aus, Attu mew, and two junior
lawyers.
aamstaimetima
SURR Y ASSIZES.

11l ARCM

SINOSTON.VPON-Torl
The Judges lett Horsham ye
at this town in the afternoon. As soon as they ar-
rived, they proceeded immediately to open their
Commission, and early this morning proceeded to
business.
CIVIL. SIDE
Mr. Justice HtATH sat on the Civil side, but only
fourcauses were tried, two of them occupying nearly
the whole day. They were both indielments, and
not of sufficient interest to merit a detailed account.
THE KING •. DAVY end °THE 15.
This was an indiElment against the Defendant for
a nuisance. occ tsioned hy their coke manufactory.
in Blacktriars' itoad. Tt.e indielment averred, that.
by reason of their manufaitory, the air was cor-
rupted, and all the neighbourhood and passengers
annoyed by the smell and the smoke.
Several witnesses were called, of which Cie prin-
cipal was a Mr. Maynard, who stated, that the
• 'mice annoyed all his houses, and he had dinky
complaint none, however. of the witnesses stated
an: body bad ever been injured by the nuisance.
Mr. Gee cow, for the Defendant, insisted that
the Plaintiff had made no case. Verdift—Na
Gutty.

THI ICING r. MCINNES.

This was anindiEiment against Alderman Skin-
ne-, for not repairing a road and ditch adjoining to
his house at Collier's Wood, which, it was zllegeal, he
SClib bound to repair, in consequence of the tenure of
his lands. It was proved that the Alderman's pre-
decessor had repaired an arch over the di;ch leading
to the dwelling-house, and that after the entrance to
the house was made, he continually kept the same
part of the road in repair.
Fur the Alderman, it was contended, that Ids pre-
decessor had taken the piece of ground by incroach-
ment, and consequently was bound to repair while
he held it ; but afterwards making a new road to
the house, he gave up the old entrance, which re-
vel ted to the trust, and then they were bound to re-
pair it.
The Jury found a verdi,it of guilty as to the old
arch, which obliges the Alderman to repair 75 yards
of road.
The Criminal side was equally unimportant.

Last 'night the Sacred Oratorio of The Messiah
was performed at Covent Garden Theatre. Tae
novelty of the evening was. the introduction of the
New Accompanyments, by that celebrated musician
Mozart', which was certainly a hold attempt to
alt -r the effea of I-tanner's nrisic. We must con-
fess. in some ingances, he has heightened the et-
particularly to the Song of Taos sitait irea:
Mena, which has always been avoided by singers, it
possible; and the New Accompanyment has made
it appear to more advantage. The sublime Sym-
phony, generally called. .44;04 .Mater, ha has en-
tirely spoiled, by crowding in a number of instru-
ments; and instead of the trumpet accompans meat
to The Tranood slat/ ,wand, the words of which be-
speak that the trumpet should be the instrument.
he has substituted the horns ; but this is accourzed
for, by there being no performers ou the trump, t
in Germany. who could play I-la tinet's =comps-
nrcienu. MOzaiT did not intend his acconspa-
nyments for publicatioa.