The National Register.
London, England, 1822-07-22 00:00:00

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fact, obliged - .hy, honourable, .. learned
gentleman to leave town, to chastise the vaunting
bully—why, we supposed that the HOW° would
have asserted its dii,mity, and supported its reputa-
tion for consistency, by committing the offenders to
Newgate ; but no--.the Speaker was directed to in-
form the man who had thus insulted the privileges
of the House of Commons, and who had impudently
avowed his contempt of them, when weighed against
his. opinion o(what was due to the justification of
his• mighty self, " that the House did not see it re-
quisite to pursue the matter further"—after this-we
hope to hear no more of "breach of privilege,"—
the very term ought, for the credit of the House of
Commons, to be buried in oblivion. It may be well,
in quitting the subject, however, to point out, that
in the present instance the party offended against is
on the Opposition side of the House, while the of-
fenders are the parasitical minions of Administration
—" circumstances alter cases"—" ce fait beaucoup
de difference."
We would attract the attention of our readers to
a copy of letter, which we insert to-day—it is from
Daniel O'Connell, Esq. to the Marquis of Wellesley,
and is dated on the day preceding that on which
the Catholics of Ireland are insulted, the Protest-
ants degraded--the expressed wishes of hid Ma-
jest) contemned, and set at nought, and all this
under the tacit approbation of the King's repre-
sentative. Let it not be said, that the Viee-roy
has no power—that " he is there to administer,
and not to make the laws"—to Ireland such a plea
can never be fairly applied, while the present
blarquis of Londonderry possesses the retentive
powers of his mind—because when he used to be
in attendance in. the Castle-yard, such ridiculous de-
licacy as the study of legal atom', was never al-
lowed to intervene between the views of the then
Government, and the persecuted victims uf its
" promptitude—in England such a plea would
be laughed at, by-those who remember the Sermons
of Sir R. Birnie. on the enormity of hissing the King,
when his Ministers' acts had made him unpopular—
by what statute, we demand, has a man been held
to bail for groaning as the royal carriage passes?
has it not been because the sapient Knight chose to
hold it likely to lead to a breach of the peace, and
yet the Marquis of Wellesley's apathy is justified by
the enemies of conciliation, under the assertion that
the enormities of the Orangemen had not been de-
clared illegal by any statute.

We regret to learn that a high dignitary of the
Church has been charged with an offence at which
human nature shudders—we forbear to name him,
but we fear the facts will be too substantially proved
to permit a continuance of secrecy.
A private letter from the Bahama !glands, of the
4th of June, states, that upwards of 100 negroes,
belonging to Mr. Stubbs of the island of Grand
Caicos, had risen upon their drivers, and seized all
the vessels in the harbour, afterwards embarking
with their wives and children, for the neighbouring
island of Hayti or St. Domingo, from whence they
were not likely to be recovered; upwards of seventy
negroes belonging to a plantation at the island of
Lamm, had in consequence of their owner having
purchased a plantation near Matanzas, in thedsland
of Cuba, gene. on board an American vessel, and
were carried to the new plantation of their owner,
whose cue they were extremely rejoiced to be again
tinder. An examination of the circumstances had
taken place at Nassau, and the owners of the slaves
had been prosecuted by a bill of indictment preferred
to the Grand Jury by the Attorney-General of the
Bahama Islands, but it was not supposed the owner
auld wake his appearance again in that quarter.

-

T 1

HERTFORD' JOLT 18.—The Home Circuit CONS•
menoed here tis4lay before Lotd Chief Baron Richards
on the civil side, and the Hon. Mr. Justice Park on she
crown side. In the cause list there ate 14 cases entered
for trial. The criminal calendar contains 17 commit-
inents,few of which are cases of any cuornti ty.
CIVIL SIDE.
1100R6 V. TISHER AND ANOTHER.
This was an action of assault and false imprisonment.
The defendants pleaded—Fat, The general issue, Not
Guilty—and Yd, 'I hey justified the alleged false imprid
somnetit, for that the plaintiff was guilty of rio:ous con.
duct, and therefore it becalm necessary to charge hint in
custody of one of the defendants, a constable.
Nit. Marryat (with whom was Mr. Chitty), stated the
plaintiff's case. The plaintiffwas an itinerant provision
merchant, who hawked bacon, butler, and groceries,
about the country in a cart. l'ite defendant Fisher was
a country shopkeeper dealing in the same ailicles, and
carrying on business at Stansted, in this cottoty,.and it
seemed had taken offence at the obtrusion of the plaintiff
into that town, who presumed to sell hie commodities
at a lower price. Its the month of February last the
parties met at a public-house in Stansted, wheff souse
altercation-ensued, and there wassnotual abuse, the first
provocation beinx given, as was alleged, by Fisher, the
defendant. The plaintiff threatened to shoot the defen-
dap?, but it did not appear that he was possessed of any
installment calculated to carry such a threat into execu-
tion. A constable (the other defentlan.) was however
sent for, and the plaintiff was forthwith put into the
cage, where he was kept for the night, and liberated moat
Morning, before the case was submitted to a magistrate.
These were the general features of the case.
Mr. Sergeant Laws (with whom was Mr. ‘Valford),
conducted the defendants case, and called witnesses in
support of the plea of justification, for the purpose of
shewing that the plainaiff's conduct was so turbulent as
to require the interposition of a constable, and the conse-
quent imprisonment.
The contradictory evidence. went to the Jury under
the leartmd.Judge's directions, and they found a seater
for the plaintiff—Dain.vaes 51., specially declaring that
each party was to pay his own costs.
'1'1)19 was the only case worth mentioning. In the
Crown Court the business was wholly destitute of public
interest.

W ESTERN CIRCUIT.
txtuasTEß, J uLY 27.—Last night the Judges sp•
pointed for this circuit, Sir J. Burrough and Sir J. Ri-
chardson, arrited in this town. The Common Jury
causes were tried In-day.

LAYTON 0. NORVAL
Sergeant Pell said, tuts was an action brought by the
plaintifrto recover damages for the injury which he had
sustained, by his having been forced to quit his lodgings
by the defendant, and it was a cause in which lie did not
doubt but that aSethi lesson would be Kiveit to the
keepers of the lodging-houses at the watering•pl ices.—
Tile plaiiMti is a clergyman, a magistrate, and a Married
man, who souse time since, in consequence of the illness
of his lady, went for the benefit of the air and sea-bathing.
to Southampton, where, in an evil hour, he took ludg-
'tugs at the imise of the defendant, a tradesman in that
town, at a rent of loot. per animus. • here he -resided
with his faintly in quietness, until it vas armed neces-
sary by the defendant to repair and paint the house,
when, as Mrs. Layitm's beahu was too delicate to bear
the effects of new paint, the plaintiff went over with her
to the Isle. of Wight, but the defendant, who did not
wish at dial time to lore such lodgers, engaged to let
them the apartments for one whole year otter their re-
turn, which took place on the 4th of July following.
Soon after this, one of the loyal Dukes visited Smith-
atupton,. and the defendwit, perhaps couceiving that lie
could get a higher price for his newly-embellished lodg-
ings than lie had agreed nu, or that it would be to his
advantage to get red of It a lodger, cot iiiii etteed a series of
attacks upon the Outwit', tor the purpose of obliging
him to god, and adopted a fide of conduct towatds loin
• which no language could adequately describe. The de-
tendatit's first attack was by taking off tile knocker of
the street door, which obliged all visitors to hammer
with their fists fur adtuittauee--•ran intolerable insult to
one in the bruit of receiviaig si.iia front persons of•rank.
'fuse defendant hollowed this up by cottons off-all the
bells, and Mls. Layton was subjected to iltetulgar deii-
siou of the defendant's household, on hearing her jerk
the loose wire witen atteinving to ring lot her servant.
Ile et en went so far as to refuse the admission of the
plaintiff's coals, which could only be got into the house
by means of a constable. lit successively deprived the
family of all necessary conveniences, acid succeeded, by
a series of i,iaulty and annoyances, in giving the plaintiff
Irom the lud;;,ings, and it was for the injury sustained ui
consequence that the latter now soodut to recover da-
mages. must be aware how much the delicate
health of a lady must be injoreAl by her hat tug been kept
in a continual state of fever, by such insults and annoy-
ances; but the plaintiff only asked Im such temperate
damages as, with the colts, would make toe driendant
sensinte that such conduct could nut be repeated with
imuunity.
The plaintiff's son was•calleJ, anti he proved the prin-
cipal facts of the annoyances; toe iact of their la k ing oil
the knocker, cutting away the bells, witereby Mrs. Lay-
ton was obliged, when taken ill, to c. II up the sertintiS
from the. botionsof the house, and also upon the slightest
occasion, to call and bawl from the top to the bonom of
the house, before any attendance could be obtained.—
The stair-carpet and the tirtor-cloth were also taken up,
and by a serks of attacks of this nature, the plaintiff
was obliged to take atioater lodgnig at an advanced rate
of 1401. per annum, the rent of toot in question having
been tool.
ne physician who had attended on Nlrs. Layton,
Slated, that that lady had been greatly doom' back in
her health by the treatment which she had received, and

_ _.z..

t 39.

the witness advised, for her safety, that she shonkt be
removed to other lodgings.
• - - -

Mr. Adam, on behalf of the defendant, acid that the
removal of that noisy annotincer of company the knocker. •
was really a thing of winch a- sick lady ought not to
complain, neither ought the plaintiff to have been angry
that, in the doe-days, the carpe been taken up, and
that he had a clean washed floor to walk upon instead.
The Jury should apportion the damages to the incon-
veniences sustained, and that was too trifling to be worth
mention, much less to be made the ground of an action
like the present, for the only thing which deserved to tie
at all considered as an inconvenience was the removalef
' the hells. They ought not to take into account the ad-
ditional price paid for the lodgings, which, the plaintiff
was obliged to procure after his removal, as these bulg-
ing& had the advantage of being situated in the most
fashionable part of the town.
Justice Itursough, in charging the Jury, raid, that
nothing could justify conduct so gross as that of the
defendant to a gentleimin of the rank of the plaintifl, nor
could any one be allowed to get rid of a lodger by such
means when lie might think he could gtt a higher price
from another person.
The Jury returned a verdict for the plaintiff—Da-
mages, 601.
•

COURT OF CHANCERY.—(Ssita DAY.)
The Court was occupied nearly the whole of the day by an
application for an injunction to restrain the successors of Forsyth
and Co., the origins! patentees of the percussion gun-lock, from
manufacturing an improvement of it, for which improvement' a
patent had been obtained by the applicant. It appeared that
the on patent having been granted in April, 11107, expired
on theiumne day, 1621—subsequently to which the improve-
ment, which enabled the possessor to clean the lock without
danger or difficulty, was protected by a patent. The improve-
ment was alleged to have been infringed by Forsyth's sum resshr.
and the injunction was consequently applied for. The Lord
Chancellor at length gave his judgment, by which the defen-
dants arc to keep an account of ,all they make or sell, and dm
plaintiff is forthwith to bring his action atlaw to try the qusaticia. •

Letters from Santiago de Chili of the II th March, •
received by way of Buenos Ayres, state that Ge-
neral San Martin.-embarked on the • 7th of Fe-
bruary for Guayaquil, to hold a conference with--
General Bolivar. Troops had left Callao by sea fur
Arequipa to attack La Serna, who had retired on
Cuzco. In Chili all was tranquil. The predatory
chief l3enavides had been taken prisoner and exe-
euted. Some troops were about to embark to take
possession of the island of Chao.. The exportation •
of wheat had been prohibited, on account or the •
failure of the crops.
Letters dated the sth of June were received from '
Havannah, which mention the arrival ot intelligence
from Vera Cruz, that Ccrtend Iturbide, the chief
leader of the revolution of Mexico, had, by a decree
been elected Emperor of that country, by a plurality
of votes in Congress. This, it is well known' has
been his aim for some time, and his plan was fury
prepared by the ascendancy he had gained over the
troops. The Congreis commenced their deliberation
on this curious topic the moment they, were 'ludo
acquainted with the decree of the Spdoisli Govern-
ment,
disavowing the treaty made' with O'Oonjou.
and consequently rejecting the offer of receiving a
member of King Ferdinand's family as the future
Sovereign of Mexico. This decree considerably
strengthened Iturbide's party, which was joined by
all those who wersof opinion that a republican form •
of government is unsuitable for a country circum-
stanced as New Spain is, having so many privileged
classes, so many titled and rich persons. They were
also greatly afraid of anarchy.
A circumstance which has lately occurred in
_ .

Brunswick gives the people of that state additional
reason to regret their temporary subjection to tine
King of Hanover. M. de Wette, a celebrated.tlie- •
°logien of Germany, held a professorship in. a Pints- -
sant University at the time Kotzebue was assasinated
by Sandi, arid having written a letter to the mother
of Sandt (who had been his pupil) he was forced in
consequence to resign his situation. The people of
the town of Brunswick having the right to elect
their own clergy, and entertaining, in common with
the rest of their countrymen, the great regard and.
esteem fi)r M. de Wette, on the occasion of a large
vacancy in one of their churches, chose M. tie Wetto
to fill it. Knowing the state of destitution in which
he was, and his inability to provide himself with
what his establishment would demand, with a spirit
and feeling which ultras the highest honour on
them, they determined to furnish his house and sup-
ply him with whatever else might be necessary •to
enable him to appear among them in such a manner
• as his station rendered necessary, and a general con-
tribution was immediately begun, in which slate
gave money, others such articles as they could spare, •
and in which all, from the highest to the lowe'st,
eagerly participated. To their great astonishment,
however, when ull this was done, an interdict wits
issued by the Government, which refused to ratify
the election of M. de Wette. Fortunately for bin',
be received immediately afterwards a call to one of
the churches of Berne, in Switzerland. The mean

and vindictive spirit displayed on this occasion has,
however, excited a very indignant feeling through-
out the north of Germany.

•
immoiAlmosima.....2••••••••.••••■■""
a breach et privileges/4 tiour minds it was one of
the mostitts if a man assert of the
How'most, at embers are weak,
cesot.
trijory can be
don. everit4lll. , and we are sure
that by she assertion,Most would not be de-
graded taiipv its proper level in the estimation of
anyte.mo whtfhas been accustomed to cootemplate
110:tnut character; but when a man dares publicly
to usa terms to a Member, under which no gentle.
man can possibly sit down—such terns as had, in
fact, obliged the worthy, honourable, and learned

IE NATIONAL ItAGISTIL
%Nip 3lntrUttnut.
HOME. CIRCUIT.

---
( Imperial Periodos:4 cowhand from rye 227.)
House did not think proper to interfere further in this business.
Sir it. \S ILSON 04AM hs a4reeil to the resolution to a cer-
tain extent. The house, however, ought to protect its members,
for all members were not ready to perform the parts of Chili-
atars—to light their way into and oat of the sanctuary of justice.
Sir R. FLRGUSON ;ainented th it Mr. Hope had introduced
. a quotation from the lieeicou, affecting Mr. Stevenson, which be
Low contradicted in the most unqualified manner.
Mr. BROUGHAM was as anaious as any man could be to
terminate this business as speedily as possihle, if that could be
dose with justice to their privileges. Ile did not view the
breach as a technical breach of privilege, as some w ere disposed
to think of it. It was no such thing. He was reluetant to
speak on the subject, but setting mule all squeamishness, as far
as regarded that house, it was impossible not to say that ruie-
conduct had been control ted. Tire enquiry (promoted by Mr.
Aliercromby '1 bail as yet only just commenced ; but what had
Mr. (lope, who was on his trial, done ?--It was a gross mistake
to say that a mere technical breach of privilege bad been com-
mitted, for Mr. Mope had undertaken to insinuate motives. In
that house they would not allow unfair and malignant motives
to be imputed; and yet ale. Hope accused Mr. Aherorovibv of
that unfairness, of which be at the same time was conscious.
'I hat would not be endured in that house ; the Speaker would
bare inettotly celled the ()Wender to order. Aud was a person
.cat of doors to be per.uithed, with impunity, to charge a mem-
ber with conscious unfairness t Mr. hope had left the most
important part uueupluined ; he had not denied that his ulterior
views were to provoke Mr. Abercromby to a breach of the
peace.
Lord BINNING said, lie had hoped that they were nearer
the end of this uupleasent business thin now appeared to be
the case.
Mr. ABERCROMBY expressed himself satisfied with Mr.
Hive's statements and explanations. At the same time lie was
unaware of the facts which he hail asserted about Mr. hope's
signature. If lie hail known the mode of the Scotch bar as to
the signatures, lie would not have made the remarks.
Lind A. lIAMILTON made some few observations.
After 110111 e further remarks the question was put, and the
resolution of Mr. Courteuay having been adopted, Mr. Hope was
called io.
The SPEAKER informed Mr. Hope that the house, in con-
sideration of the particular circumstances of the case, and the
explanation he lied given, the huase had determined to proceed
no further, but bad ordered him to be discharged. Mr. Hope
bowed sod retired from the bar.
On the motion of Mt. CoURTENAY, Mr. Menzies was then
called to the bar.
The SPEAKER stated to him the former proceedings of the
house, as regarded the atatement in The Courier newspapet,
and put it to Mr. Menzies to acknowledge or disclaim that pub-
lication.

Mr. Menzies ackeowledged the fablication to be his, but at
the same time assured the house he bud not the mostdistant in-
tention of chewing any disrespect to the house, or infringing
their privileges. His address to Mr. Abercromby, and that
gentlemen's answer to it were before she public. Ile had Dever
iutendcd to comment on Mr. Abercromby's speech, but merely
on the report of it iu the newspapers.—Mr. Abercromby's
answer had been perfectly satisfactory to him, and his subse-
quent remarks were directed to the editor of the Cornier, and
not to the hon. member for Banff. Mr. Menzies w`as then
ordered to withdraw.
Mr. COURTENAY then put it to the house to say, whether
Mr. Menzies apology or explanation was satisfactory.
Mr. BROVCRAM and several other other members expressed
themselves satisfied with the explanation, and
The SITAR:CR, upon the house adoptir'e a resolution to that
n ect, directed that Mr. Menzies should be discharged. He
was discharged accordingly.
Colonel DAVIES rose to put • question to the noble marquis
opposite. A Turkish frigate was now previdipg itself with
arms and stores in the river. It was a friaile i, 60 guns.—
It win now receiving guns. warlike stores, and above all a
British crew. He had been on board of this frigate a few days
ago, and had been informed that there were 14 or 15 English
officers, 250 English sailors, and 31 Turks. He asked whether
it was the intention of Minis'crs to allow this gross etiolation of
t heir own law against foreign enlistment ? ,
The Marquis of LONDONDERRY could assure the pliant
officer that the object of government was to maintain perfect
wenn elity. The frigate iu question had come to this country
from the Paclia of Egypt with such remains of antiquity as
were valued in this country before the breaking out of the war
between the Turks and the Greeks. She had not come as a
ship of war, but bringing antiquities and a cargo of linseed.
1 Pacha of Egypt had made a request, as he had a title o
snake, that two frigates might be purchased fur him in this
country. The request had been refused, and expressly because
it would be RA; infraction of our neutrality. Then the vessel
vow in the river was to be refitted. How far that vessel haviag
come to this country, not as an armed vessel, but with a com-
mercial cargo, could be connected with the laws or neutrality,
Was a different question. She was to he returned by us, not as
nu armed ship. The question next was as to the crew, there
being nut crew euough of Turks to navigate her. Mr. Brydges,
the agent for tbe frigate, applied for perinisaion to employ
Eughsh sailors. No objection was made to employing English
sailors to navigate Ler to Malta, the Pacha taking charge of her
from that place, but the disposition was to man her with a
foreign crew. the house would then understand, first. that
the Government bad positively refused purchasing two frigates
—in the next place, that the ship was disarmed ; and further,
that military stores and guns had been refused.
Col. DAVIS begged to say, that be had been told by the
secohil in command, that 25# sailors, with their officers, were
to be engaged ; that warlike stores were to be obtained, and
that she was fitting out against the Creeks. This was no branch
of confidence on his (Colonel Davis's) part, for there had been
a lerge party on board, and the second in command had rather
made a boast of it.
The Marquis of LONDONDERRY said he had made in-
qiiiey at the Foreign and Colonial Offices, awl bad lenrnt
be had now stated. If the agent was doing any thing incon-
,aistent with neutrality, the government were not aware of it.
Sir J. MACINTOSII reeretted that the hour was so late
when he had to ask a question of tbe nol.le lord. He wi-Led
to kiinw whether zany communication whatever in any respect
relative to the recognition of the South /Lutetium states had
been made to Spain 1
The Marquis of LONDONDERRY said, there w ere ques-
tions pending between this country and Span ; whether they
might lead to one result or another on the subject alluded to,
be could got now aT. W lien the discussion should come on,
be might be able to explain farther.
The Loose having resolved into a Committee of Supply, We
Allowing sums were moved and granted
For the Charter Schools in Ireland
The fessairllinA Hospital 39,0091.