The Sun.
London, England, 1806-07-21 00:00:00

THE GOTTENIVRGI-1

6014E' BURGH, JULY t t .--413 C hopes en tertainra
a short time since of a speedy accommodation be-
tween this Country and Prussia for the present
•
to have vanished, in consequence of some new mis-
understanding. The SAyedish Army in Nmerania
has taken a new position, and the Pritstiiin Aro y
has again received orders to March thithet.

The Order lately issued at Madrid; for shutting
the 4anish Ports against all Swedish Snips, Lsss
caused a great among the Merchants tire,
on account of the scarcity it will occasion in the aro
tide of salt, which is so ::.:c•ssarw for the cure of
their lArrings, and which they hive been in the
habit of receiving chiefly from Spain.

. .
The B' Orient, a Spanish Privateer, from Monte-
video, in the liver La Plata, mounting thirty guns,
18 and 32 pounders, was captured on the 7th May,
by his Majesty's Ship Adamant. The Privateer had'
been out thirty-t Lee days, bat had not taken any'

The run from Para, in the Brazils, to , the NV's:
Indies, is usually made it four or five days. Jpato:,ti
BObiAPAKTE was off the former on the 14th Mdy,
and it is known, that he had not arrived either at
Martinique or Guadaloupe on the B(ii June ; 'it is
.therefore supposed, by persons conversant in- the
navigation of those seas, that he must have stopped
at Cayenne, either to obtain information iretrx
VICTOE HUGHES respecting our Squadron,i, to lar
the sick, or seek relief from the•tunllerous. uimts•Oy
which they are stated to have been, oppressd.
THE,OPERA.—A very brilliant aUdienre attended
the repetition-of the admirable Com c Opera Il ia-
natieo per La, Musica, on Saturday last, at the King's
Theatre. The audience had a high treat fr
NALDI and Mrs. BILLINGTON, bath in their
and instrumental powers. Her performance on the
Piano Forte can hardly be excelled by the very best;
professors. The Ballet of La Dansonance, first pro-.
duced on the Benefit of DESHAYES, was also repeat..
ed, and received with great applJuse.

DEATH EXTRAORDINARY I.—Yesterday morning,
at five o'clock, died at the Menagerie, Exeter Change,
Mr. PIDCOCIt'S celebrated Female Elephant. It was
seized with a fit in the morning, and expired with a
terrible rattling in its.throat. The body was opened
last night, to find out if possible the cause of its
death. Mr. I'u:iconic. had been offered for it last
week 1500 guineas.--L--This is the second loss of the
Itind Pincocx has unfortunately experienced within
these few years.

Yesterday afternoon nine tradesmen from the City
took a small boat, below Blackfriars, and proc3eded
up the river, with a strong tide, about 3 o'clock;
but, being unskilful, they gut entangled among the
coal barges opposite Hungerford Stairs.. The boat
almost instantly went to the bottom, when eight of
them, with much difficulty, were preserved, but
the ninth sunk, and his body was not found until
about three hours after. Vie understand he was a
young man of the name of Bisuor, a carpenter by.
trade.

Died; on Saturday, in Smith-square, Sr. John's,
Westminster, Mrs. SUSANNAH CHURCHILL, widow
of Mr. JOHN CHURCHILL, late of Abingdon-street„
Westminster. .

SMITHFIELD MARKET, itlt'Y 21.
This day's Market 'had a tolerable good supply of
prime BeaSts, and the show of Cattle in other re-
speas Was middling,, Beef, Mutton, and Veal sold
at last prices ; Lamb is rather cheaper ;
'somewhat dearer, and the trade in gene: -*z pr€tty
good.--The sales in\ the E;,3-market were consider-
able ; ri;:s7-nria Olover have 'fallen in price -since
irriday's market ; Straw obtained last week's 01
We annex a corre& statement of the prices. and
numbers:

To sink the ofni per stone of Sib.
Beef to ss 6d. ---;,iutto.n ss. ocl. to ss. 6:1. —Neal
6s. oth to 7s. od.--I,..arnb 65. od. to 7s. od.—Pur:. ss. 61 to
6s. od.
Beasts, ts7o.—Sheep and Lambs, 17,6p0.,—Ca1ve5,12.
Pigs 400. • •

SMITHFIELp HAYMARKET.
Hay 41. os. to il. 05.;,-Clover 41. Cs. to 51. Ss.--Straw,
• 11. i 65. to 21 2J.

CbRN EXCHANGE, JULY . 21.—Thep are lire
arrivals of Wheat to=day, and the trade heavy'in
tales, early In., the day, at a redaction of a!)out 2s.
and 3s:per quarter ; of Barley but short supplies,
and is somewhat dearer ; Malt rnaiiilains its price,
but 'few White Pease, and they are full as Lea; ;
Grey, and Beans of both sortS,. are cheap, r; ()its
are arrived i t large quantities, and this article is ia-
ther lower ; in the price of Flour but hale 111161u-
at ion .

wheat 57s a 7oS a 8:,.s od - a qR. of
'Fin:. ditto - 13;s 0 . Tod: Ile ins • 33., ott
43. o`l (()zits zzs 2t) od
13arley -33 s a 3S, !xt Poland ditto • 3 ts. 4 oft
Nfalt • - .bsy.a 74s cd ttape Seed • 3 1 351
White Pease. 6Os a 65s dd hne I.loor 7os „ od
Grey ditto 42 a 46s od Seconds 6:). it 7i Qd

LAW REPORT.

COURT OF' CHANCERY, jpty

GURN'EY V. LONGNIAN AND OTHEItti

The Plaintiff iS.a Short-hand Writer, the Defend-
antS.are,Booksellers. This was an application to the.
Conti to obtain an .Injun'aion to prevent the sale o
- a certain work,- entitled " The Trial of Henry Lord
Viscount Melville," on the ground that tits Hoiise of
Lords had prohibited every person from publishipg
the Trial except their appointee, who was the Plain-
, tiff in this proceeding.
, Messrs. PEUCI-VAL, FONBLANQUE, and LRACH,
were he a 0 against the Injunction. The ATTOR-
NEY and SOLICITOR-GENERAL, and Mr. 1-101:LIST,
in support of it : and Mr. PERCIVAL agant in re-
joinder.
It is impossible to give in detail the particulars of
this learned argument,which occupied the whole day;
we shall therefore content ourselves with stating the
short, pointS.
The siort points made for the Defendants, with
- the answers to them are the.followiner •
• 0 •
Difendants,l.—No InjUnc-tiou can be granted un-
til a Clear title to the publication- is shewn in the
Plaintiff. No such title can be shewn'. If an issue
were dire6ted on the right of the Plaintiff, and such
Jight were found by 'the verdict, the Injunction
miizb r• go.
Plai::Wr.—The present is not a question of fair``,
,butmf law, 'and, therefdre, there is,. nothing 'to be
tried by a Jury. All the faas necessary to the pur-
pose of the hijupaiDn are admitted in the affidavit
of the Defendants. If an issue were to be tried be-
fore theihjtinaion waszranted, all the obje6f of the
ai!thority of the Court, by a sumo ary interposition,
must be lost.
_ _ _

,Defenthintsft),.---If the "House of Lords can give
this exclusive right of publication, it is either found-
"eclon the rights of Courts in general, or on the pe-
`culiar privile,,eS of the hereditary branch of the Le-
islature. If ,)n the latter, in a Court .of Equity no
_procedings can be had to prote6t such privileges ;
the Lords, have the means of guarding their own
immunities, and will not permit the Courts below

t ) irate; twe. -
Plarntlf.—Tl)&interfrence of the:Court is no-
Teessary to pr:vent injustice, because, if thy: House
of Lords were to order. the. Defendants to be :nil-
prisoned for contempt, their confinement would give
uo redres,; to the Plaintiff. The case of-Bathurst v.
Kearsley %hews that the Court will interfere- where
'the privileges of Parliament are immediately con.-
corned.

Defend ant. g, .3.--The -House of Lords has ?no
authority to restrain the publication of the trial after
judgment given, any rnore than any other Court has
to restrain the publication of its proceedings ; and
the aleglea of the exercise of this power of restric-
tion since thellevolution, is a proof that ii is not
•Piaintill:-=--The right to restrain such publication
is riot peculiar to the House; of Lords. It has been
exercised (hiring a century,.even at. the Sessions held
in the Old Bailey, where the Lord Mayor, for a• long
period, received 1001. trout his nominee, for the ex-
clusive privilege of publishing the Sessions Paper, in
-which the present Plaintiff was himself concerned.
Defendants, 4.----The House of Lords has no pro-
perty in the trial ; and having no property, they can
confer none upon the Plaintiff. •
Rai-WWl—lt is not pretended that 'the House of
Lords. has any such property, nor is
.this property at
ail necessary. to support the exclusive right of the
nominee.

Dyividants, 5.--The Plaintiff has a complete re-
, medy in a Court of LaW, and in such aCourt
case
a
-of Equity will nut unnecessarily interpose, by in-
junaion,
PlaintV—The redress would not be granted in
a Court of Law, as a JurY would 614 give damages
to the Plaintiff to the eonent of the profits arising-to
the Defendants from the publi:azion. In-law no
compensation would be, made to the Plaintiff for the
'loss sustained by Idm, by this premature gratification
of public curiosity, and the consequent diminution of
the ,sale.of his work.

~Defendants, 6.—The detriment arising from this
power of the Lords would be, that in bad times, they,
might nominate. a person who Would .mis-state the
testimony on which the accused was-convicted or
acquitted, and thus the most innocent might be con-,
deemed; and the most profligate might be declared
guiltless,•and the public remain in total darkness on
toe proceedings: •
Constitution has thotight fit to
:confide this power of nomination to the Supreme
Court of the kingdom, judging it might be more sate
to entrust this power in such hands, than on such
soleMn occaiions to incur the risk of inaccuracy from
the ordinary channels of publication. . .
Dcfendants,_7.The Lords are not bAnd to no-
minate, and no :anointment was made in the case
of Hastings : if they do nominate, the appointee is
under no obligation to publish, and if he do not, no
account. of these grave proceedings would apPear.
at all.

the LOrds do. not nominate, the
publication 111 Cie world. If they-4o no-
minate, and the appoillte.7; iiCt ezpploy due and
re:tonable dilig:7Llce, others may disclose the 'pFo7
.with irnpun;ty, so that in neither case the
information wohlroe withheld from the public. -

Defendants, 8.--Tne right of nomination in such
•
a case would, be more safe in the hands-of the King
than of the Lords, because the Sovereign of.the State
may, by his Minister, be made responsible -for mis-
coudud, when the Lords cannot, because they, are the
ultimate judges of their own privileges. . .
Plaintiff-1 he question is; what is the constitu-
tion of this High Court, of Parliament, and not how
that constitution, May be improved by any restrictions
on its acknowledged immunities.
Such were the principal questions,. and the, cases
relied upon were these : Bathurst- and Kearsley, on
the publication of the trial-of the Duchess of King-
ston ; Mamby and Owen argued iu 1755, by Lord
Mansfield, then AttorneyGcneral ; Currey and Wa-
lter in Bth Term Reports, in which,Mr. s,stiee Law-
rence Observed on the great importanceof giving pub-,
licity to judicial proceedings ; a case in carter, 89,
)•?speiSting Abridgmentand the great literary
cause of Tayler and Miller, 4 ,Burr. 2311.3, 2417, on
the case for publishing Thomson's Seas Ons, ,whereby
the Plaintiff was depri v 0 of the sale of 100.0
.coples.