The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-26 00:00:00

L. 4111 IitTELLICENCE.

. .
VICE-CHANCELIMUS COCIiy, ITVSTIIINSCIR,
WEDNESDAY, NtIVESIIIED 2S.
- • •
Mr-Aerie IA 1/4c staffer br the sutrolti est' the cotat.
Sir A. PIGADTY ilia, Ihiswaa s twiner* a I.i. I; ought
to Ise wade before the Lord Chaste, Ihsr, but he was afraid,
frost his LordobipV eoolionell indisposithou I.e «wild out
be able to matte it this Trios. Ile had therefore to request
his Hoover winild take it. fly the Act of •Porlsomeut of the
Bth of the King the Accountant-General way dir.rie.l to
lay out, Is the public funds, 200,0001. of 014..5110MA. Ilt ~,,, .y
in his hands. Th.- Lord Chancellor had, on a aintitur motion,
directed that I 00,11101. should he so dispused of The p..•-
seat caution was, that his It. 1111 l or woohl truest au ord.r for
the disposal of the ',relent 101101410 i, which wisald fulfil the
iistesithins of the Legislature. I
The Ylet-CHANCELLOII--". 1 Cl. per op nhjertion In soy
graitiag the ureter. Let it he dn•an op in the same form as
theme granted by the Lord Chouccllor."
Allotiod grauted.
'Any EMILY VANE TEMPERY, a 'Veer aid a 11 used of
CoUrt. ON her we.rt friend, M. A. TAYLOR, Lay.
U. aims. the CoILINTEM of •NTEIN, and 'eirilen.S.
Mi. BELL stated, he had to rd quest of his Honour that
the two motions in thin case might be allowed to be atm-
iiollll4 on frobiy.- His Honour had decided them, subject
to any objection Mr. Hart taught have to 'slake (he rot being
peilsesit on thatatension.)
The Vacit-Citastei.t.na—g, When this rase was before

mentioned to me. I must have been greatly istieuiolersiodif.
fiom vlateusenis I have seen. The impresaion I wished to
make by what I did say was, lid, I could not eountruaue•e
■ppliratimu made to me to remove toisiness from my paper
to dent of the Lord Chaueellor'a,alll I 11341 a CiiiiVerPnljOil
his lordship, 11l %hid, be informed me that be would• scud
every thing to me that hr iniasiiily as the pressure of
appeals cams so heavy on him, nod which be alone could low',
that he anxiously desired to give thein the pieferruce. After
this CUlPlllllloiCiliOn being mimic SO me, I considered myself
performing 11b0 more than Ilse duties of my office iu not
wishing business that I could hear hi inte.fere with itis Lunt-
▪ I bare never been in the habit of paying such coin.
laments as have been rejsurleil as issuing from the seal wit
itistice."t—(//br what' his Rogow- Din iletua/Pf eon ►e
femur waviest, see this Paper of 7'rierviaa ►he 24th ieef.t►
Mr. BELL Nett Mr. Hoek. aai.l, 11,.1 the% hail understatild
whet had Giles from his Honour on the forrneroccaskin tu-
be. to the saute tired he bad sow stated, cud dory Bid 5511
doubt bet it was on felt thruisithout die Bar.
The Vtcel'itaticei-Luet—" I thought it necessary to say
an much, afraid the Bar might be misled by the mi•tnte.
meat. If Mr. Hart has any thing to say on these mutious,
will hese him on Friday."
The neenlinder of the day was occupied in hearieg de.
morrers and exceptions signed, of uo interest cacept to
the parties conceriied.

COVIIT OF KINGS BENCH, Wyrnitmcit,

WeDMkSDAT, Nrivvmum 25.

MEL . •
TII6 ROG, 01 lhe prorecrliox of THORPE, LL

WILANCIS GOA," Esq.
The Def. nano, its this ease, who was formerly Liente-
naist.Governor of Upper ('an lila, was tried at the Westuaiii-
ster sittings after last Trinity Term, before the present Chief
Justice, on an indictment, charging him with having canoed
lo lie printed MO pilblidled a false and malicious libel, of
Lad concerning Hr. Thorpe, who, some lime previos,r to the
publicaliow of the libel, had acted as Chief Justice of the
province. At the trial, Mr. Serjeaut Firth, who had filled
the situation of Attorney-General of the province after Dr.
Thorpe bail left it, proved the publication of the libel. He
stated that the Defendant had produced to him, at the Go-
vernment-Huuse, a sionsplidet *addressed to Lord Castlereagh
No owe was present beside themselves at the time. The De
fenders delivered the pamphlet containing the libel to -sits
nras. He took it oust of a box, in which there was a consi-
derable number. He did nut think it would have been
shewn to bias if he had not been Attorney General, or bail
nut held some office ender GUVri* 1111 l procured, by
sum, meats, sir oilier. the Lieutenant-Governor's confidence.
He could nut consider the communication as omelet, be-
cause he was nut directed to du any thing with respect to
it. He, ho.rever, thought the communication was made to
put, Itim in possession of matters conuected with the state of
the colony. He certainly gave advice in consequence of the
commonicatiou, but lire pamphlet was not put tuba his baud
for that purpose.
Mr. Serjeant COPLEY, at the time, objected to the pimpla•
let twin received in evidence, on the grinind that it was se
official communication from the Lieoteuant-Dovernor to the
Attorney.Hesteral, awl ought nut to be disclosed. The
I.earned Judo. ..trebled that it should he received in evi-
dence, but left it open to Defendant's Counsel to move, on
this mins', fur a rule to she, cause why the verdict of o•Hip
shush) sot be set aside, and a verdict entered fur the De-
fondant. Last Term Mr. Serjeant Copley moved for sad ob-
tained the rule NW—against which
Mr. Scant-ree now chewed rave. He observed, that
when, at the trial, Air. &viten' Firth was asked to state
what took place bets/wen the Lieitt.-Goverour and himself,
his Learned Friend (Serjemst Copley) objected to the question
beta( answered—suit said " I will eves ma'am* a step
farther, and comma, that every thing communicated by the
Lieut.-Governor to the Atturney•Grueral, is, in its nature,
Glacial sad confidential." He could not subscribe to this
proposition. Surely an invitation to dinner, which, but for
bolding the situations of Attoroey•General, the individual
wuuhl not perhaps receive—or a request that be would sit
in a box with the LienteGuvertine and Isis family at the
play—were not to be deemed official and confideutial corn-
manicatious ! His Lammed Friend's proposition would not
be CM tied so far by the Court as to decide, that every cum-
maisitatien wit:eh took place, in consequence of the intimacy
that naturally subsisted betweee perilous in office, was to be
considered of * political and private character, because made
by one official man to soother. " I doss.' mean to mai,*
obverted Hr. tier jeant Firth in his evidence, " that the Go-
veruur would bare abewcil me this pamphlet, if I hail not brow
Atturrieptieneral." Why, perhaps, if lie bail not held that
situatiou, be would not have proceeded at all to the Go-
vernor'a house. " fiat," continued he, " I gave him advice
on it." He (Mr. Sea, lot) amoral to know what that advice
was. Hut his questioa as, objected In. Now, it was very
likely, bad it been answered, it would have proved that thin
communication was not official. The Lient..Governor, for
instance, and he in• rely supposed a case, milt say, "See
what a vile Chief Justice we have had. Look at this pamplie
let—it gives uu itfeolll.l of him, sad will manse you." In
answer to this, the Attorney. General might say, " It comp-
ering libellous matter, and I advise lon not to publish it."
‘Vould not such an answer chew that it was not an official
commitrie 'lion? The Learned Counsel, MI the other side,
Omuta tartainly have permitted au answer its be gisisi, with
eloper, to the advice which. the Altioney-General
bail idr-reil—and Dien, in all probability, the whole matter
would h.iss been explained. It w. is mittens' to look at the
111111 l 1111.11 at. MS itself. it was a tissue of the most foul
eslitiosy sisal ever issued front the press—pAuting out
Dr. 7hutpr out only as a ,11•11 unworthy of nay species of
confidence, but as an individual who wished to firs the
colony lit • Anal. Whets their Letrilships CaMe to pass the
jndgm.dit til the Conti WI the lh•frud,wl, they woohlt way,
whether they eintreived it p.•cstb.e that sot Is a complicit
could be intrioitd SW mil es3.l%,ii COlll/11U1./VIIiOII, fur
011ie pill that of ,Irktriste the .AitUllll4l-Cellellel to it,. his
duty, and inioterutr the :indoor sir it. In cidsci4,•,,,„, use
Learned C.toisel submitted, tliat the Court could um, in
this instinct, confound dust sort of flail 101 l Witch
was the result of Is in, is i.f situiveacy, oith that, which,
Seoul Its natuse. oil ci .1 Ai (told' 4,641.

• Slr. fkojestit eoP4I:Y, it. impport of the role, di Died il,at
I e had I .td du.rnestensAr a proposition as hes Learned
friend had imputed to him. %%hat he maintained ars, that
1111 l MUM, Niitoll m it) the Governor of • province,
Vali. 4. to the Atturtiete-Geier I, revielin perboos oho
brill publicryyaalious in that l •inee, and ahu were sup-
fuinia party there, as far as their public woduct
was clAterter,r, was a pritilegiil publication. It Ira+. Du Ciat

grooad be contended lie document ought not to fr. re.
crived. Mast was the pamphlet—and why w.. 6 it print...!
A party was arid to exist in the colouy, to which the Flo-
'weldor was supposed to have belonge I. He meant not to
decide whether the fart were true ur not. A person, ll2llll[ll
Wilcox, remained iu the province, after the.Prosecutoi 1i..1
gone away, who was stated to be oct:ve in keeping op
palsy. They bad a uetstpaper, entitled, The Guardi:.4,
thiough which their opioitms were sent forth to the public.
The pamphlet in question wis written in answer to another,
the production of a Mr. Jackson, eying an .ccoul.t ut thr
state of Upper flusada. This answer, .ent,rely connected
with public matters, wet: hanJrd in the Attorney Getter-Al of
the p'tovinte, in the Goveriinrout House. Nuw. as tints
.4. /In evidence or bat at the time, and, "tilt !e-
-sp.. t to that, :lore was a r omplete blank, he sot
114 t this must he considered a confident
c ..... inunicaticin--au 01Ac..1 account of a Party iti ohs:
pnwince given to the Attorney-Goner:l by the Lieu-
tertant-dovernue, in the Goverument-House, the usual pl.trx
fur the transaction of business relative to di?. colony. N. re
they to hear of the Secretary of Slate, in this country, mat -
tug. in private, a cothmunicalion relative to a party, would
it Ilia be considered a contideofitt,l communication ?. If thew
were allowed at home, it was still More necessary that it
should be permitted abiend, where the Governor had, per-
haps, only sue pastime() IC7III to fur advice! The present,
he contended, was truly an • official communication. He
need riot, how. vino go so frr as that. • It wag• sufficient for
his purpose, if he could that, prima:facie, it nun it
privileged communication—and then he would examine whe-
ther there was an, thing that took this ease from under the
geurrial. rule. There was a complete blank IR toe mind it
Mr. Serjeaot Firth uti the subject. He, in e (Ted, declared
that he knew nothing about it. He was asked his opiniot.—
hut his upiuton amounted to twitting. It w. 1.4 for hen to
siipply the Court with facts. Nothing spy, arid to brie
passed at the time, heroine sunshine Was staled to hive piss-
ed. Resting here, Ail would rashly him to make I ll!R
111/4RIIIIC Rot be sifted the opinion of Mr. S..jernt Firth,
NMI lie slated that his only reason fur not thii.kiet the corn-
' mbuiention official, was, because be was uut directed to du
any thing M. 0."
The CHIeF .11USTICle--" See whether this evidence dors
not negative your proposition So, jeant Firth sa”, tlt
certainly was not a eommuitication to use as Attorney_(;,-_
sprat.' And on further inquir!, he stairs • the panipho t
was not delivered to Ale fur any Instruction or guidance to
the office of Allorney-Gtaemr."

lite:Serjeint Cort.sy•-" The whole evitlener • taken In.
raboil, 'hewed what those phreres meant; ti...nrly, that
nuthi”g paiKed on this oce.iviots " ovull—"
sag directed to do twitting. I rer..l!,rt Slott
was slated at the time I was not order. .1 to tat., pr...
eeedinea on she occasion-11nd, the,. ft,l 1., I ronroler
that it was nut an facial 11111111111 M Clll.ll II r 11111,i
not, however, have Iwo commnnirat d ~.:m-, if I I:1.1 oot
been Aitortiejt•Georral, or held *woe siloati,:o undo, Go-
vernment." _

Mr. Justice flxvt.rT—u Or •therwiee obtaimtl ".e Go.
seniors confidence r
Mr. Serjeant Cort.v.V—" It all resolved itself icto this,
that nothing palmed on the uccasion--mid lie only stated,
that fads ought to have been produreti, to ptti,ve what or.
cored, instead of being guided by vague and imieGuite
thoughts.r •
The Cum` JiWlrier--4 The affirmative lay en you. It
was foryoN to prove that the communication wan official."
Mr. Serjeant COetAV—a 1 say, that, pri.na fine. the
meeting between the Attorney...Gropedl mid tine lo no emit-
G.iverour was ufliciel—and, if it *cre so, I lad no right to
prove their einiversatiou."
The entry Josvice—" I excluded their conversation
but I could not lefuse the onottddet."
Mr. Red. sat Cort.eY—" That ehiels prism's, either in
writing qr conversation, betwerli the Lieutenant-Given:or.
and the Attorney• General, is, I contend, prima fac,r, psi.
vilegyd. If this be nut allowed, then the •tliintativi• i. on
me, and I am called on to extract Crum Mr. Firth, what lee!
bas forgotten for many yeses."
Mr. Justice Flviturx—" It le privileged, I apprehend, ins
the as the quo cusitito with which the conimoditestiodi
made."
Mr. Serjeant Coemtv--" If an improper motive can hi!
elsewn, then it is not privileged—but we are not to momine
improper motives: they most be proved by circumstances;
Ibis lay on the other side. It is for my Limited Fliesid le
prove the 1111110V111. This case is Of very great importance—
for it would he exceedingly hard, if an Attorney-Cr/merit
were to be tolled on, many years after circumstances had
been transacted, to state cabal unseal al lllllttegl sr periods.
As to the quo athor), Mr Firth said, lie his • samisiation, it
was impossible for him In know what paned at the tone in
the Lieutenant-Governor's mind. If lam right in my 'le-
onine), that all comainnications of this nature, tictirei ii sit
Attorney• General sod a Governor, are, Trims facie, privi-
leged, then the lies on the other side, to prove the qe.o
amino—end this they cannot do, for Mr. Firth, the only
person present, says be can give no infiirmatio• on the nth-
ject."
Mr. IrOitury was also heard is rapport of the rule,
The CHM Jtissrlet.-0 The °sty question now before
the Court is, whether it wit fit nod proper thin this pampa,-
lot should be read and submitted to the Jury at the trial
-.{what conelasiou they were toddraw from its contents worn
imbiber matter)—or whether loosest to hare shut it not
sad prevented it from appeathisg. It is contended I
to have dose the latter, because every enninsunicititio
twits persona standing is the situation in a hich the D, i• ».
deist sad the witness stood et the lime, the one heitit t;dd.
venter sad the other Attorney-General, is, pelmet
sfue;e,
privileged—and thil then the ones lies ow the side of ifss
Plaintiff to prove the feeling which inaueureal the publica-
tion. Now, I think this is too broad a proposition-I.r
• tommunicsitiou, to he privileged, must relate, in some
way, to the slice and duty of one or other of the
parties—and it is too much to say, that s communica-
tion is to be so privileged, which has nothing to do with the
Glacial duty of either. Rat allowing all erminianicati tttt sof
this ammo to he prime Ade privileged, it was to lie most.
dared whether the present case was taken out of that rii!e,
by other eivcomstances. Here the Plaintiff permed, siege.
tively, that it wits not such a eonsitionicatmst, by the ini:y
evidence that could be proilm el. Mr. Firth 'laid he did not
consider it an official coraniuntratimt, fiecanse he was lot
directed to do say thing in it. He looked upon it as a pow iiia
nod confidential cummuniemion. The pomphlet, lie amid,
was not delivered to him for his instreirtion, giiiibiner, or
government, in his office of Attorney-feemeral—ni•r was at
lout in his hands for the purpose of advice. It lippeeta 'u
me that a privileged caninsunication (and I would rot oar.
row the liberty of obaervatiddo which persons in office should
freely exercise) is a very different 'biog. This is a pruned
pamphlet, relating to what lunch taken place at an anterior
period. It way not delivered for she iustructiini,
or government of the Ationiey-Geseral—cor for the pill p...e
of mieuring his odsrecon it. I *mild give the Whet tat it tide
to the i ntereonne, for purposes of advice, bet wren pa. ties thus
situated—bit this was much beyond bounds. Even admit-
ting that the CMOS tly ow the other side to prove the feeling,
alitl it appears to are that what was dune al the foal n.is
tight—that I was correct is suffering the intinphlet le go to
the Jury. I thong'', in then, mud I think so Poll"
In this opinion Mr. Justice BAYLEY and Mr. Justice Got.-
ROVD rrcd
Rule discharged. _

Ali Foriaßt.rre said, the D. fondant was present, lint Le
had nothing in pray on the subj., et. The matter 4.Ulittl 'Lind
ovtw tlll next Term.
COIZON Eng.
THE KING t. THE J;:arti..Es oxtoßostitati.
On a former idly, Mr •fAilial rum nbt im. a rule tu -hew
cans• why a tesamilamtis tlinsuld nut be tecard to the Ma.
i4ll ors e,l OsLadsh.rr, MI (limiter St .unuls assinibled,
or Milli to alluo the artuntit of Mr. (keit, li.e C
the roan;), m 14.1 demanded 20s. fur t•ath itique at
lie ltrriiirti, nnn•s - tat r 111 r mile fur b:s 1.1
and from the place whe.e the Itilit.Fi was Lel•1 The Jas.
lie.** sere ri% • in ..hat tH4.11 a.a•ay. 1.1
fht habit of puyinc 20s. tor iwiai•iti the ItHitifol, •311
nine-pence per tank fur hi.. junrin y 10.1.
vie Ae% ell crud. . i.titisl the risk.. Misie; vile •
the p,o,stim. int aria, I one, 3', be •n •
of Ih. ('.aeon. • y acre • 1: • 4
additional chwiTP. lie 'nomad his oppusaii ;.

moluMMOlllEd7

ME

..siblinelly provided,
*>l MI in prism's, the Comm r
Ned, for 'Very mile whirls he
,Allllll Ike usual ,tare of hsv
si the furlher .om of ed ours
. -so paid tins oft he elm tity•rate• "
The que.sion then was, whether under ihs..tottsse, whirls
apresalv nests-rod nior.forisee for ewers Mile he travrlled fruit
Aie smichrstee, but mode no provision for his retool', Ist copIJ
chin' t like remuneration, when musing hock. He contend-
*-- Miaowed o

• -
• '
r.;fir • t•,•N
•
•
toe
1014 r, esp.!!, we. 1, iribith
ene ewe.../ every eked toady, ex
sh4ll leerier t e sum 'of 104 ; n
1,1! .I; he compel r.l 1.. trartl, A
11••••11., to fede such inepritifine,
.indattuvvis.#l, .uen of 244.15. be