The British Press; or, Morning Literary Advertiser.
London, England, 1821-02-24 00:00:00

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UMblEll 5688. LONDON, SAT UR DM

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FEBRUARY 24, 1821 PRICE Id.
•

THRATRK-ROYAL, DRUHY-LAN
Tills EVENING. SATURDAY. Feb. 24,
bia Isjesty's Servants will perform the Opera of
ARTAXERXES.
Artaxerxes, Madame Veslris; Arbiters, Mr. Brahma; Ar•
Isbanes, Mr. MT, Rimenes, Mr. Dublin. Manilnue, Miss
Wilson (her 18th appearance in politic); &mint, Miss Peery.
Mr. T. Welsh will preside at the Pianoforte during the
Verdict of 61ilio Wilson'. performance.
After whirl'. 1711) time, a Drams, is, three *cis, now perform-
ing mi the Continent with the must extraordinary *access,

HER MAJESTY THE QUEEN
Hos graciously promised to poltroons@ sad to honour with
her preselect-,
A GRAND CONCERT of Vocal and Ili.
strumental Moak-, In be performed in the Egyptian
Flail of the Slansioa House of the City of Loudon by the
special favour of the Right Honourable the LotiMayor,
on THURSDAY, With 1, DM.

INPERIAL PAitLIAMANT.
HOUSE OF LORDS, 'SWAT, Ftatttaalr t 3.
Their Lordships met at tie o'clock to heir Appeals.
DINGWELI., Appellante OAanlvsa, Itespasedent.
This *as an Appeal (rum the dressitts of the Celina.
Tells&' Scotland.
The Attorney.'
Judgment n.•
This wart
Section., Scotland.
The Attorney r
Further hearini
The LOR
ships would
purpose of h.
would devote m•
Rising juAgmesits.

. Mr. LOCKHAAT presented a shoiko Petition honk lb.-
liktekauts and Ship-ow/item of Sooth wklr4. Heaths) owl
tleteloaissrd, unless the advaoiages to be &Moroi were siert
clear and ihiportant, to prior* any alteration. Hr saw
but Mile prospect .r any beaellt to She fought], front what
wore called the Moored pribeipleo of trade Ire hid already,
ip cuip-phreee wish there priori pkr, sartgArigki our Kneel-
lure In the iotertsi• of forecourts. without any mows ow
"Pi/'kml e0110.814.1t oo lbw •part; and .1 was now, Il
seemed, about we obruld mire-Obey our.
trade mud benefit a furrigurrs,
tire. The Humour.
hues .'ollierforder
t of Aroullabilf sr •
praltickihat
tick on Fu..-ggit WWI-
- CUIVII its.
be referred to the Coal-
N.
- -

The Proceed. of the Ticket• are to Fe applied to the be-
nevolent purpose of liquidating the Debt incurred by the
erection of TWO Schools, fur One Thosund Boys and Five
Hunched Female Children, by the Royal Insitietioa, eats.
in Kin thditrerl, Finsbury.square; udder the pettier.
film of his Royal Highness the Duke of Sussex, her Royal
Highness the Duchess of Kent, the Earl and Cosmic's of
Darnley, meal other di • (embed Personages.
The followisg einieent Performers have most liberally
premised their gratuitous assistance:—.Madame Caraporese,
Signora Cord, Mina Goodall, and !Hiss Stephens; Signor
Arebffigeor, Mr. Bellamy, Signor Angrisani, Mr. Hawes,
Mr. Teresil, and Mr. -Statism ; Lender of the Band, Mr.
Spagnoletti; Coaduriim, Sir George Smart.
la the course of the Perfornosnce, the following Pieces
will be ietradneed B—fantasia, Grand Piano Forte, Mr.
Neste (Himmel):

ea tit led
THERESE, THE ORPHAN OF GENEVA.
Corwin, Mr. Cooper ; Fontaine, Mr. Pope ; Count dr
Moonlit., Mr. B:troard ; Picard, Mr. Gallic; Lavigne, Mr.
)(rigid; Urinate, Mr. Bromley. Marlene, Miss Kelly; the
Countess de 51orville, Mrs. Egerton; Bridget, Mrs. liar-
lose.
The Mors will he ripened it Haltpast Six o'Clocli, and
('Sr Performances on each reciting commence at Seven.
Hunts. 75.; Second Prier, 3s. 611.--Poi, 3s. 6.1.; Second
Priem, 2•—Lower Gallery, 'is.; Second Puke, Is.—Upper
Galin', Is. ; Second Price, ed.
Os Moods, aod Toads*, dirtanerzes, with the ado Melo-
drama of Tbertse.
On Wedoraday, Ille of Coatartesce,with +
Oierianni fa tatiadnit7", .•
On Thursday. the OssiboOpors of Love is • Village :
Mina MilaM. •

relitswi hum the Arch.
'Jury of lxicr•lirs play.
`e 4gl the Idea alreCilug
rsiasted.
retiliou tidal*
cow yirist. ng of
to!.

At three
Foil of

(CIS) Harp, Mr. 84;e6sta ;
Freud, Hors, Mr. Paul

took their
(7ommissit

tsucass).
Carriages lo set down at the Frost Door of the Mansion
Fl,m,e, and to drive down Priores-street; aid for the gene-
ral accommodation, strict orders will be giveu to enforce this
regulation.

of the Magnify in
would be ally ob.
jeciton on the part of Goin;roment to remove the piolsilii-
lion of Stir Uistillatiuu ofSpirita from Grain' He was pro.
c..etillig to remark Nom the advastiaget of aucb removal at
the preseut time, to the agricultural merest to particular,
when
The SPEAKER reminded him that it would be more re-
gulag to confine himself present to patting the question,
as any remarks upon the merits might trail to • discussion,
which the Hun. Member would reaniity perceive was not now
ill its regular course.
Mr. LUSHINGTON said, that he was 1101 aware that
the subject had beeu at all under the cousideration of the
Lords of the Treasury, sad he had therefore no answer at
polecat to make to the question Of ilia Noble Member, wane
would feet diet the •übjrct was of too sinportaut • mature
to be lightly Meted.
. _

Black Rod to
their Lmcf.hip.' bar, for k, purpose or -eariog the
Commission read for giving the Royal Assent to
certain Bills therein specified.
The Speaker of the House of Commons, attend.
ed by several Members, soon after 'deemed to the
bar, when the Commission being read, the Royal
Assent was gisen to the Queen's Anoints. Bill, the
Transfer Grants Bill, the Malt, &c. Duties Bill,
the Longitude Discovery Bill, and one private
Bill.
The Speaker and the Members of the House of
Commous then withdrew.
CATHOLIC EMANCIPATION.
The Earl of Do NO UGIIISIOIIII said, that his Roman
Catholic countryniew hail placed several Pennons
in his hands, which it was his duty then to pretend
to the House. The grievance of which the Peti-
tioners complained nos one of no COMmon magni-
tude and extent—the exclusiosi of four-titths of the
people from constitutional for no at-
[edged civil demerit on their Part, but for shear
conscientious adherence to their religious
That - was Slot the first time that Ica Catholic
countrymen had made their humble solicitations to
that House Butt hecircumstances of the present mo-
asent were such asjustly tocreate favourable a iitici pa-
bons in their mind ; they approached an unplcdged
Parliament, and a King upon site throne, in whose
mind there was at least iii reason to anticipate the
existence of those consciesitinus scruple., «loch, un-
happily fur the question, and fur his Catholic coun-
trymen, said the Noble Earl, hail engaged the late
venerated Monarch in perpetual hostility to a, y
further relaxation of the code of proscription—nod
which, perils a, lisd rendered it impossible fur
bis present Majesty, whilst be acted for an-
other, so directly to corinteruct the known opi-
nions of that illustrious person. It had been at
all times the practice that this question should
be brought forwyd, as nearly as possible pari
paua iu both the 64 Isoaretee, 'the
precedence always • 4ibillg3ter Howe, becaust
there one step had once been gained. Knowing as
he did the anxiety of his Catholic countrymen fur
an early (Its, ussion, his own wish would have been
to have brought the question forward at the earliest
possible period of the Session ; but room the reeling
already mentioned, the Noble Earl waited till the
notice had been given in the other House ; awl
he had thought it his duty now to lose no time
to request their Lordship. to name a day for
the discussion of the question in their House.
He accordingly r. quested their Lordships to per-
mit him to 'lame Thursday, the Bth day of March,
which day lie found would be generally convenient
to the friends of the measure—and fur Thursday
the Bth day of March he accordingly moved that
the House should he summoned. The Noble
Earl thought it his duty to apprise the House that
these several Petitions had been prepared with a
view to their being discussed during the last Session
'of Parliament ; but the
their Lordships had been so entirely engrossed
by the important and interesting investigation
which was then pending, that the Noble Lord said
he did not conceive that that would have been a
proper opportunity of obtaining the favourable at-
trillion of the Howe to the case of his Roman
Catholic countrymen. The Noble Earl then
presented Petitions from the Roman Catholic in-
habitants of the Parishes of St. Mary, St. Thoinier,
and St. George, in the City of Dublin—from the
Roma.* Catholic Inhiliitunts of the Parishes of Si.
Andrew, Sr. Mark, St. Anti, and Sr. Peter's, in
the City of Dublin—from the Roman Catbulie !w-
-het :items of the Co y and City of NVaterfertl—
and the general Petition of all the Roman Catholics
of Ireland—all which several Petitions the Noble
Earl calmed to be read throughout at the table.
PAPERS.
Mr. Mason, from the Directors of the East In-
dia C pony, presented the regulations passed by
the Government. of India in the year 1819.—Read
and laid on the table.
On the motion of the Earl of SHAFTESBUILY the
House then adjourned to Monday.

The Door in Charlotte•street will be appropriated to her
Majesty and Suite only.
Single Tickets 15s. each, or Family Tickets, for four
Persons, at Two Dolmens. may he procured at the principal
Mmtic Shops in the Ideiropolis; at the Albion Tavern,
Alileisgaie street ; of the COQ aaaa i a ire of the Instill'lion; of
Alderman 'tYuod, South Atidlry•atreet, Grosvenor-square;
and of the Hanlonlank Secretary, John Wilke, Esq. Fins.
hur,..phice: and as Ike number of the Tickets will be
limited, applications fur them sbuuld not be delayed.
Tukels issued fur January 17th will be admitted.

Mr. CH ErWYND raid, he Intl • shalt lime since
moved for certain returns of ttttt toes paid by the T
of Counties, on 'crowd of Vagrants, which Isere nut yet
lard uu the table. !tiller he gave that notice, he had re.
reMerl many eoniamuiticatioes from different parts of the
consitry, of the abuses gu 000000 Used by Police Officers is
vagrancy Cass, "Aids ind crd hisn Dew is give notice,
that he *soda on Friday the Ash Match, move fur the sp.
puititisient of a Arlect Committee to inquire iutu the present
state of the LAW,.
Sir T. B. LETHBRIDGE gave !notice of a motion on
Friday the 2J Mardi, fur leave to bring iii a Bill to enable
Trustees of Charities to olienstii Lands belirogiug to Cha-
ritable Isissilltsijuns, ottolicr certain conditions.
Mr. beijeant ONSLOW gave notice of a moiiun on
Wednesday, 41111 April, fur leave lu bring in a Bull to repeal
the Usury Law..

HOARD OF CUSTOMS (IRELAND )
Sir JOHN NEW puRT said be had to call the attention
of the House to a re., oeglect on the part of the Hoard of
Customs in Lelaud, its fading to comply wills the Order of
the House, to produce a mists, account which he had
moved for. It wee ordered a mouth ago, and had not yet made
its appearance ; it would not occupy more than • quartet...l.
a sheet of paper, and if the account were its the office it
night have beets produced hum pip. He could look upon
Ibis delay in no other light than that of an attempt to
evade inquiry. He should therefore now move " That the
said retorts be produced forthwith." And he gave notice
that if it were not laid on the table in uue week from that
time, be would wove that Ike Secretary of the #racii
Consume is liswierd eltosid be called to the Bad of the
▪ _ _

House.
Mr. LUSH INGTON could not account for the delay In
trarounitting the documea.: alluded to from Ireland. • To
say the truth, the account was so simple anal so easily fur.
Mashed, that he could um imagism any 'scow for the grater
out being complied witb.—Ordered to be produced forth-
with.
Sir JOHN SEBRIGHT presented • Petition from the
Landholders of cert-tin Hundreds in the county of Hertford,
complainant of aviculture' dtetress.—Ordered to lat perused.
Mr. STUART WORTLEY presented a Petition from the
Merchants, Shipowners, and Ship-builders, of the town of
Whitby, au the county of York, praying that no alteration
may be made in the duties on Foreign Timber —Referred to
the Committee on Foreign Trade.
Mr. LUSHINGTON brought up Accounts of the num-
ber of Game Certificates issued, and of the quantattes of
Soft Sump and Tallow on which duties had been paid, pur.
stood to an order of the House.—Ordered to be printed.
Mr. BEAUMONT presented the Ropust of • Collllolfilef,
recommending that a Bill .houlal be brought in for enlarging
and improving the gaul of the county of Northumberland.
Leave was accordingly given to bring it, the Bill.
Mr. WESTERN brought mu a Bill fry enlarging and im-
proving the gaol of the county of Essex. which was read a
Oast and *crawl time, and ordered to he printed.
Mr. LITTLETON brought Oa a Rill to regulate Church
Briefs, which was read a first and second time, and ordered
to be printed.
FINES TOR CONTEMPT IN COURTS OF JUSTICE.
Air. DENMAN a..id, he held in hot braid

film to %Inch he wished to cull the Geri attention

of the Houst, as it seemed to bun to deinattd that
attention in a particular manner.- It related io that
must important subject, the admilliatristion of jus-
tice. It was the Petition of a treisna named Davi-
soil, col-bled io Okelmat gaol, in the county of
Rutland, in pursuance of the sentetice of the Court
of King's Bench, fur libel, who conceived him-
self to have been illegally treated by Mr. Jun.
time Best, before whom he was tried at Guildhall.
Lie stated that in the course of his defence, in his
trial ut Guildhall, on r charge of libel, he was
fined three times by the Judge for expressions
which he used in the course of his defence. The
first fine was for this ex 00, .‘ there was 110 Cc:mo-
rel to be found at the bar who would undertake
ass honest defence in such a case us his." He (Me.
Walton') was not present at the trial, but he be-
lieved it was for a blasphemous libel. Two other
hues were also imposed on him by the Judge in the
course of his defence for other expressions. fie ( %Ir.
Denman) thought this case the inure deserving of at-
tention, as this appenred to be the first instance, at
least he had heard of no oilier, of the exercise of such
a power by a Judge, as that of fining a defendant
for expremicom used by him in his defence. The
Petitioner entered into a legal argument upon the
case, and cited several instances of expres-
sions of the strongest kind hosing been used by
defendants, which were not visited by ally punish-
ment at all. Sir Walter Raleigh, iii the course of
his defence, Made use of many expressiotts which
he was told by the Court were treasonable, but
no fine was imposed on him, nor any attempt
made to punish hum on that account. Pryone
and others were proceeded against in the Court
of Star Chamber, where all the proceedings
were oo paper; they put its au answer in which

HOUSE OF COMNIONS, FRIDAY, Franumtv 23.

-

The House met at three o'clock, and the Stealer
compauted by the Members who were present, proceeded to
the House of Lords, to hear the Royal Assent given by Com-
mimiuu
to sundry Billa—for which sea oar Lards itcport.)
Mr. Mason, from the East India House, presented certain
Papers, pursuant to a■ Order of t►e House, which were
ordered to be printed.
Mr. Mayor, from the British Museum. presented cestain
Returns, agreeably to au Order of the House, which were
ordered to he printed.
Mr. CORTE'S presented Petitions from the Landholders
of several perishes in the Couuty of Sussex, complaining of
the agricultural distresses.
TIMBER TRADE.
Mr. BRAN DUNG presented a Petition against any alte-
ration in the dirties on Timber.
Mr. MICHAEL A. TAYLOR expressed his determina-
tion to oppose soy alteration in the present system.
The Petition was ordered to be referred to the Cm-
. =Mee ea Foreign Trade.

they did out defend theoretic" from the change, but
threw out strong imputations impolite the Arch-
bishop of Canterbury and other !sermons of rauk.
The Archbishop imbed this borne procredurg
should be adopted by the Court to punish them hut
the lauguage of that answer but the Court, at-
though the one was committed as one of a setae-
delous nature, and was still more aggravated fry
such an answer, did tiro think proper to inflict any
punislitii.nt ;WM/al sender accusation fur any
expiesseirrs tory Millie use of in their defeece.
Ltlburie in the time of Charles 11., a:rors
Emile use ua his defence of messy expression" often-
viva to those before whom he was tried, but yet woe not.
visited with any punishment. The Petitioner did
out cite any other cases, but many whistler owes had
occurred. The Learned Gentleman then mentioned
Lord Cohlsatn's case, and that of the Counsel fur
Williams, tried before Lord kenyou, for pablisheng
Paine'es Age of Wargo. •Fious all tease carter, he
'llwasight the lair interred era:, that beretofJee each
!lower was see supposed to exist. He ad-
mitted ii its rudest extent the necessity of
Courts of Jueice bring vested with r summers-
power tai punish for contempt which ilitelferea
with their per:et:Pilings ; but to carry it be-
pool the reps seem of obetructions to their proceed-
tugs, II! thouget it because ail abuse, mud particu-
linty sir whe i exereised agoest a defendant ertgag-
ed 111 Cmaltlyfing his case before a Jury. The
Petitioner suer'', that the effect of the infliction of
tho-e fines was to intinedste hen in such a manner
as to pre-veto hum frosts pursuing his defence with
that spirit and heftiness which lie should otherwise
have dime. It was competent to •tiy person to
conduct his own defence, if he preferred it to em-
ploy tog Coueeel. Mmy per had done so with
complete succese and there were cases in which
defendants were more likely to succeed by their
own management of their defence than Counsel.
But who could answer Ito the effect upon a person
lii such a sitmoien, of such all exercise of power
as that of pallialuag wills an arbitrary fine airy ex-
preseiiiii of his which the Judge might disapprove
The Learned Gentleman then proceeded to sties",
that by such uterus a defendant, who was after'ward's
acquitted, might be visited with a punishineut
greater titan could have been awarded him on a
verdict of guilty, and would certainly expose him-
self to the dunce of a far heavier flee titan if he had
suffered judgineet by defeult. Another objection
to the prectice was, that it usust, iu a certain de-
gree, comtuit the Judge with the 'tarty he was try-
ing, so as to • nderger at least hid impartiality in
deciding upon the case, or in summing it up and
dueetiog the Jury. In (lit case, after the trial
was over, the Judge informed the Defendant, that
as tee ituposttiou of the tines hied lied some effect in
iestreining him within the propel' Inuits of his de-
fence, he woutil 1.01 enforce the pep-tient of them.
determination of the Judge removed the legal
quesii in, for he did nut -know how the Court
could have enforced the lees as fur • contempt;
for altheugh the expression used was, in his opi-
nion, a most injurious tmarepresentaiion of the
inernbets of the bar, yet he was at loss to too-
ceive how it could be consul-err] into a contempt of'
the Court.—(Herr, hear, hear.)—lf he found soy
disposition in the House to enter into the cave.
he should move to refer the Petition to a Com-
mitter; for upon a prima facie view of it, he
thought there was sufficient to iuduce thew to go
into the inquiry ; and it might afterwards be found
proper to recoil:tend an Address to the Crown to
mitigate the punishment of the Petitioner. He
was not in general disposed to eticourage such in-
terference with the judgments of the Courts below.
He would have opposed it iu the case of a Ba-
ronet, who was formerly a Member of that
House ; he would have opposed it also its the ease
of a Noble Lord, who formerly sat in that Howie,
because he could not think it should be left to the
decision of the suajorities of that House to inter-
pose against the sentences duly given in Courts of
Justice. But its the case of a defendant, who
c 'plains that by an extraordinary stretch of
the summary power of the Court he has been
injured in his defence, he thought it not
unlikely that something might be found upon
inquiry to warrant such a recommendistior.
He regretted one expression in the Petition, whist
implied that the Learned Judge had gained hi*
end, that end being improperly supposed by the
Petitioner to have been the prevention of a full and
fair defence. At all events, he considered that the
practice of Courts of Justice, iti relation to offences
of contempt against their authority, could never
be fairly held to apply to defendants in the act of
making their defence, as such persons could
scarcely be considered as in a situation to enable
them to spew contempt. He trusted that there
would be no objection to receiving the Petition,
and therefore moved that it be brought up.
Mr. HOBHOUSC, it; seconding the motion, apo-
logised to the !louse fur detaitiing it • few minutes
elide lie stated his rediiolls for so doing ; he also
begged pardon of the legal Gentlemen preseet for
adopting that line of argument which more p
perly belonged to them. He had applied that
smell portion of time to reading on thesubject
winch lie could afford from has other pursuit', mud
he must ray that his information had led him to no
case at all beuring on the question, or which would
serve to warrant the course hiker) by the Learned
Judge on the trial of the Petitioner. He quoted
Ana the general maxim of Loud Coke, that as
usage implied a good intendment of law, a mon-
usage, where there was no example, should be con-
strued in the same manner as expressed objec-
tions. lie read the construction which Vsner
put upon the queetiou of contempt, who It-
witted the application of punishments to enters
of obstruction of process on very gross and direct
interruptions of proceedings in the Courts. Lord
Holt lied given them a wider application; but *bees
this was only given as the dictum of a Judge, and
the difference between such dictum rod I:deci-
sion upon • judicial question regularly discus-eel
before the Conn, was ars)l kuowu to professicuAl

Aland. . . I supiuradui coucemmta un llltlf part; •itu
orney.Cerieral sirs heard for the Respondent. ' seemed, about in Id proposed, that we slaw
it postponed to Monday. trade mid shoppitig intetestv for the heuel
a, Appellant ;' tioaarrrEn, llespapdent. ' ..with at "lie hope any better re.c.„671" "la
turasiLint,lppeal festairs die decision of the Court Of: ce- mpbel-"CeEr.q.."-: inPir.,"Pbraii,e:fath:.llll,:tousne
Prince Eulnatd's Leland, ill present in L•tud
trury General wala heard fur the Appellant. ' nu alteration might' he matte in the Duties .
hearing postponed.
' ' bee injorious to the British Not th America
RD CHANCELLOR oinerved, that their Lard. , These Petitions were watered to be fete
Jnot sit before twelve o'clock le the day for the opiate . .mes trop Trade.
heartier Counsell, in Appeals, as their Lordships'
de from ten u'eleek to twelve fur the Meer IS ' ,i, CATHOLIC QUESTION
gerretta. . .. Ur. LEGH KECK pteteated a Pennon
&
ROYAI.-ASSEN T., ...4.loeiti , aeon andaregy of the archJe.eowl of
tug that no slirratiou may he made ;11 th
re o'clock lite !..ORD CHANeatiusa., . the
,z,nr the Roman Catkelicii a-Ordered to he pi i4ll
SHAFTEvitelllrohlitdfroird
iiroeoLlia -Alt. 11101121ellinTT pal/emelt a Petit
hPn r beets ea tWtal*lck" nil; y'e• A Etleult ur Ilia of the County of Dorset,
iotters, and coin ciatt.d,-d the Usher of the i Agricultural distets..--Ordered to be print.
td to summon the House of Conotiont to I Mr CUItrEIS, seeing the Secretary of
trships' bar, for the purpnee of hrariug the I his Flare, "'Plied I° 2`14 him, "lirtlTihre