The Sun.
London, England, 1801-12-17 00:00:00

DISTILLERIES.

UNDER a free Government, where the energy of
all Administration is, in a considerable degree, pro-
Portioned to the eslimation in which it is held by
the People, a' Minister must be worse than absurd,
who weakens his poWer of adion by relaxing its
principal spring. To court unpopularity, would,
in I:ht, be ,a folly' not dissimilar to that of the
*light of the Woeful Countenance, who traversed
the world in search' of melancholy adventures. But,
If it be madness to volunteer unprofitable dangers,
it is cowardice to turn from them, when beneficial:
The steady course 'pursued by the present Minister
On the question of the Distilleries, steers equally
clear of both extremes. He has listened to the
„wishes of' the People, as expressed by Petitions
4°m some quarters
.; and has ,consented, that dis-
tlssions should take place which he himself re-
garded as unnecessary. True, however, to his
duty, and faithful to the• important trusts which'
are committed to his charge, -he, has dared to be at
'variance with a portion of the public opinion,
he knewl that a portion of the public'opinion
''vas at variance with the public good. By so do-
-49
he has added new solidity, to. the high van.
'age ground on which he stands. There is a de-
cisiveness of character, a manliness, if we may
4se the expression, in the mind of the English
People, which turns, with disgust, from weakness
and indecision; and which dwells, with affection,,
'in firmness congenial with its oWn. This kindred
quality, is a bond of union bet Ween the Govern.
pent and the People. Thej• rejoice to find that
tritish affairs are dondufted with British. spirit ;
bid, that their interests are not sacrificed, even in
compliment to themselves. This stubborn virtue,
which they discover in the CHANCELLOR of the
XCHEQUER) is that which they prize most highly,
In the catalogue of their own. His speeches on
the subjed of tilt Distilleries, have carried con_
!„lion to every dispassionne mind. They teemed
with argument, and supported powerful reasoning,
°Y evidence the most incontrovertible—by that of
authentic documents,. That in particular of Mon.
tiaY was, to our understanding, Demonstration it-
4elf. It was a dire& appeal to reason, which,
!hough generally slow' in- its operation, is certain
in its effect. This, however, we believe to be an
exception to the general rule. It has already pro,.
tiaced the best consequences. We venture ,to ex.
Press a perfeCt confidence, that the more the subject
it looked into, and all the general, as well as more
minute considerations which it involves are exa-
kined, the more the Public will be satisfied of the
Injustice, impolicy, and,
,as far as Ireland is con_
etrried, of the impradicability of continuing the •re-
ttridion on the Distilleries, without a violation of
the Ad of Union.
We should be deficient in justice to ourselves,
When arguing in favour of the Distilleries, 'did we
t strengthen:it by • the following extrad, from
jle Work of one whose Wisdom has never been
il'olibted, however his political principles. may have
een misrepresented. Mr. BURKE, in his Pam.
111 et on Scarcity, has the following observations on
t~esubjed

" The hogs ?arta that would be sufficient) which
Were fed with the waste Wash of that produce, did
110 t demand the fourth part -of -the Corn used by
cartners in fattening them. The Spirit was nearly
fauch clear gain to the Nation. It is an'odd
t"Y of making flesh cheap, to stop or check the
" The Distillery' in itself produces an immense
article of trade almost all over the world, to Africa,
t° North Amerka, and to various .parts of Europe.
is of &eat use, next to food itself, to our fish,
rtes, and to our whole Navigation. A great part
°F the Distillery was carried on by damaged Corn,.
tinfit for bread, and by Barley and Malt of the low-
est quality. These things could not be more un_
trtionably employed. .The domestic consunip-
t'L'ii of Spirits produced, without complaints, a
bergb great Revenue, applicable, if we pleased,' in
far
to the bringing Corn from other places,
4r beyond the value of that consumed in making
II or to the encouragement of its increased pro.
`lllt-tion at home.
" As to what is.'s,aid; in a physical and moral
"Lew, against the'hoine consumption of Spirit's, ex
has long since taught me very little to re;
Sheet the declamations on
.that subjed—whether
the thunder of the laws, or the thunder of do-
tleence, " is hurled on Gin," alwayS I am thunder..
proof.. The alembic, in my mind, has furnished to
the world a far greater benefit and blessing, than if
the opus maximum had been
..really found by che-
-111. istry, and, like Midas, we could turn every thing
into gold.
Undoubtedly there may he a dangerous .abuse
14 the excess of.S7irits ; and -at one time I am ready
It) believe the abuse was great. When Spirits are
elt, p, the Sness ofdrunkenness is atcieved
`vith little time or labours; but' that evil Ico hnsider
l° be wholly done away.Observarion for the last
forty
l years, and very particularly for the last thirty,
.414 s furnished me with. ten instances of drunkenness
r°M other causes, for one from this. Ardent
Spirit is a great medicine, often to remove distemp_
Pers—much more frequently to prevent them, or
10 chase them away in their beginnings. It is not
t'Litritive in any great degree. But, if not food,
It greatly alleviates the want of it. It invigorates
the stomach for the digestion of poor meagre diet,
~btlt easily aiable to th human cnstitution. Wine
'Tie Poor canllnot te,uch.e Beer, as applied, to Many
tkeasions (as among Seamen and Fishermen for in..
stance), will by no means do the business. Let
tne add, what WitS inspired with champaigne and
will turn into ridicule—it is a medicine for
:be mind. Under .the pressure of the cares and
119rrows of our moral condition, men have at all
,Toes, and in all countries, called in'some phySical
';'Ll to their moral consolations—wine, beer, opium,
randy or tobacco.
" I consider, therefore, the stopping of the Distil,
dd.Y, economically, financially, commercially, me,
„..!Linally, and in some degree morally too, as a
asure rather well meant' than well considered.—
t i 3 too precious a :;acrifice to prejudice."

tt, The Polly, Redhead, of Ncwca,stle, was lost in
'-e i34ltic) 4th

LAW REPORT.

COURT OF CHANCERY,
LINCOLN'SINN HALL, DEC. 16.

DRURY-LANE THEATRE.

THE LORD CHANCELLOR said, that the
last hearing relative to the above
,ConCefn, many
new Affidavit's had come to his hands, and One re-'
tition which was extremely' material.. I-1e thoUght
it would be better to put the matter in This course,
that all the information deemed to be important for
him to know, should be given within a certain
time, and that oty.a subsequent day, he. Mould de-
termine.

Mr. HOLLIST . appeared for Mr. Weitiey, late
Treasurer of the Theatre, With whom, .he said, it
was agreed by the Proprietors; that Mr: Westley
should have a salary of cool. a-rear, whilst Trea-
surer, and that it was also agreed, upon his quitting
that office, that he should have sool. per annum,
for two years, and if he lived longer than that pe-
xiod, zsol. per annum afterwards. A Deed to this
effete had been executed. by Mr. Sheridan and Mr.
Richardson, and was now in the possession. of Mr.
Grubb, who had not returned it. Mr. Westley
claimed the arrears of his annuity, for which he had
at prepent no security.
The. LORD CHANCELLOR said, he Was anxious
to relieve the parties from all anxiety upon this sub-.
jefl, and also to deliver himself of it, but he muet
first know, that he
.I.ad ail the information relative
.to It that was to be given. A Petition had come
to his band only yesterday, which went .to make an.
entire new arrangement ;—he must repeat, that
some day should be 'appointed to conclude all fur-
ther information upon the subjea. As the matter
at present stood before him, it was impossible to
know whether Mr. Grubb was a Proprietor or not,
Mr. Grubb saying he was, and Mr. Shetidan sayir%
he was not. As to Mr. Richardson, it did not ex-
aElly appear in what situation he stood relative to
the Theatre. With res;.th to Mr. HOLLIST'S
Client, a Petition would he expensive, but the
matter should be before the Court.
Mr. Flom. tsT said a feW words more on behalf
of Mr. Westley.

Mr. SHERIDAN said,. it was his earnest wish
that the Case of Mr. Westley should have a fair
hearing as well as every other. He was extremely
anxious that his own condud should be sifted to
the bottoin, as well, as every circumstance relative
to the Concern. • At the same time there was no
person to whom delay was more vexatious than
himS'elf. He was the more anxious upon the sub.
jed because an objection . had been made to the
reading of his Affidavits, on the ground of.their
not being filed in time, tho'ugh that was the only
way- by which he could answer what had been
brought forward on the other side. Mr. Holland's
Affidavit had been introduced by Mr. MANSFIELD'S
Client.; he did not objet to any Affidavit on the
' other side, but he submitted to-his Lordship that
time should be given to answer the Affidavits he
had brought forward. He pledged himself not to
bring krward any further information, but he-would
not object to the Affidavits on the other side, al-
though they might not be. presented in time. He
, hoped till Lordship would ha, little further trim-.
ble upon the subject, and he was convinced his final
decision would be founded in Justice to all Patties.
The LORD CHANCELLOR said, he had read the
Affidavits of Mr. Sheridan and Mr. Grubb, and he
was of opinion they contained matter which it
was important he should be acquainted with, nor
did.he.think the filing of either of those Affidavits
improper. - In consequence of Mr. Holland's Affi-
davit; there was a Petition now before the Court,
calling upon the Trustees to rill Upon Mr. Holland
to Complete his original Contrad. It was his duty
to consider whether that Petition could be support-
ed or not. He did not mean to say that Mr. Hol-
land's Affidavit; or any Affidavit in answer to it, was
improper, but from the attention he had given to
the subjed, he hoped he might throw himself upon
the Parties,. and that he might kno' when he had
got all the information they meant to-give him.
Mr. HOLLAND said; that the starementg which
had appeared in the Public Papers of assertions made
by Mr. Sheridan, had done him a very great injuryb
and materially affected his character. He had filed
his Affidavit eight days before the final hearing of
this Cause, and not a single fan contained in it had
been contradicted but his misfOrtune was; that
the circumstances contained in his Affidavit were
buried in. that Court, whilst the speeches A:3f Mr.'
Sheridan were every day published to the World.
It was a fad well known, that he had not ex-
pended, the _sum of 45,0601, but, as appeared
by his. Affidavit, no more than 71,oOd1:. which
was within the Estimate, that being 80,0001, and
not 75,0001. as was proved by the accounts. When
the dazzling proposal for rebuilding the Theatre
was first made, it appeared that 80,0001, was to be
immediately raised, and that the sale of Boxes and
other matters was to make it Up 14.1,0601, Of
this ouly 71,0001. had been a&ually paid, and only
75,0001. laid out ; what became of the remainder
he'Could not tell, but this was certain, that there
were only Bills for 75,0001. He humbly sub-
mitted to. his Lordship, that his Affidavit-might be
read, ,that the Publiu might. know how the matter
stood.

The Loan CHANtELLott said, that when this
matter first came forward, Mr. Sheridan did make
some statement relative to Mr. Holland. He could
only say, that the Court could not decide before
Counsel, and parties were heard, , whether the mat-
ter they were about to state, was relevant or not,
and this was pert: fitly obvious, that justice could
not be done, if all parties were not allowed to state
what they believed Lo be true. Mr. Sheridan cet-
taint), did reflex upon Mr. Holland ; he thought the
matter so stated was not relevant, and he thought
he should have said to Mr. Sheridan at the time,
what he should have said to any Counsel in a similar
situation, that it was not relevant ; but it was im-
possible for the Court, in the course.of its multifa-
rious duty, not sometimes to omit something.--
Mr. Holland alledged, that his chartiaer was in-
jOred : he was sorry for it ; but 'Mr. Holland
must excuse him if he could not prevent any state-
ments made in that. Court .from gOing. before the
Public. He thought, however, that those who were
conacious of being influenced by just motives and

of itfling tpon conscientious jiatinds, need not
feel nfuch froM the observations Nlle in News-
papers. if it was :the Law `of Ore Land, that
what passed in a Court 'of justiee.shoUld be` pub.
fished to the World, the matter `would of cOnrse
go forth to the Public whether he interfered' or not.
The question had been 'decided by Chief Justice
EYai; and though he 'paid the utmost respett tti.the
ability and legal knowledge of that Judge, there
was still no other authority than a nisi prius case.
would say, however, 'that if the private
happiness of an individual could, as appeared in
:he case of Mr. Holland; be thus injured; he
should be glad to know 'what end of public uti-
lity could` be answered by it ? But whether the'
publication was legal 'or illegal; it must rest with
'Mr. Holland to at as he thought proper • With
respeet to the reading of the Affidavit, he must ob-
.serve, that he could not deVote the whole' time of
the Court to thiS concern. Whenever the day came
for him to decide, which he hoped would not go
yond next Tuesday, he should then consider the
matter of the several Affidavits before him; and
should make theise observations Which he thought
were called for relative to Mr. Holland, whilst he
should at the same time do every thing that was
consistent with justice to all parties':
Mr. HOLLAND said, he had understood that the
reading of the Affidavit was a mere matter of form.
The LORD CHANcELLoa observed, he was, not
at all surprised at' the 'anxiety displayed by Mr.
Holland—he Thought it did him credit;
Mr. SH E RIDAN said, he trusted his Lordship would
allow, that by presenting the Petition relative tb
Mr. Holland, he had taken the fairest way to bring
-the matter before the Court.

The Loan CH,cELLott said, he wished his
opinion to be rightly understood. The observa-
tion relative' tb Mr. Holland was not relevant at the
time it was made ; it was now rendered so by the
Petition.

Mr. Ac Na said, in reference to what had been
stated by Mr. Sheridan, that he did not oppose the
reading of Mr. Sheridan's Affidavits, but he did not
think them an answer to what he brought forward.
_ _

Mr. GRUBB, brother to Mr. Grubb who claims
to be a Proprietor, said, he could make it appear by
Affidavit, that Mr. John Grubb was a Proprietor,
contradiaing at the same time, which he should be
sorry to do, some statements on the other side. •
Mr. AGAR again add' essed the Court.
The LORD CHANCELLOR said, he wished to be
delivered from so desultory a conversation.
The SOLICITOR GENERAL submitted, that no
Pe:ition or Affidavit should be received after Smut-
by next.
The LORD CHANCELLOR decided that none
should be received after Saturday next, unless by
his particular direaion.

COURT OF KING's BENCH, DEC. 16.

SITTINGS BEFORE LORD I:ENYO4 AND ASPECjAL JURY,

IN GUILDHALL, _LONDON.

LITTLEDALE AND OTHERS W. POYNTON AND

OTHERS.
THIS was an Alion .for Damages for the non-
performance of a CootTae.t.

Mr. Easi‘lN'e said, the jury would hate very
little trouble in the decision' of this case, because,
upon an attentive perusal of it, he was convinced it,
was a very plain one. The Defendants had put
them Selves to a good deal of unnecessary trouble and
expence in preparing for a Defence which would be
found to amount to nothing, for it was one which
could not be received in a Court of Justice. The
Defendant, Mr. Poynton, lived at Wakefield, where
he liad'a large Warehouse for the reception of Corn.
He came to the 'counting house 'of the Plaintig,
Who imported Wheat to a large amount at Hull.. He
said he was desirotis of pun:basing Wheat, and that he
was willing to give six guineas a quarter for it ;
Upon which a conversation arose in which Mr. Par--
kin Son, one of the Firm of the Plaintiffs' house, said;
they had 'an expedation of a Vessel arriving soon
with about 850 quarters of Wheat from Pomerania,
and he read to the Defendant exit-ads from several
letters they had from Hamburgh, of the 28th 'of
February, and the 28th of March, giving an
account of the Ship being cxpeted to sail at the first
opening of the water at Wismur, which would not
be long, and the Plaintiffs gave the Defendant all
the information they possessed 'upon the sUbje6t,
upon which the Plaintiffs and the Defendant came
to the following agreement in writing " 1 ail, z 4
of May 1800, Mr, Poyntop bought of Littledale
and Co, 850 quarters Of Wheat, daily expelled by"
the Anna Catherine Eliza, Captain Jank, at i2b
shillings Per quarter, payable by Banker's Bills at
two Months date, fee. ;, the danger of the seas ex-
cepted, to be delivered in as good condition as can
be'expetaed according to sample, considering the
length of the voyhe."
On the second of May 1866, thin wts a good
bargain, for the Defendant had actually paid three
shillings per quarter more for same other Wheat ;
but afterwards the article fell, and that :was the
whole English of this case the Defendant refused
to take the Wheat. On the 9th of May, -the'
Market fell about five shillings per quarter, and so
on the loth, the Defendant iwrote a letter to the
Plaintiffs, dated on the loth of May, 1800, direded
to Messrs, Littledale and Co. stating, on behalf of
the Defendant, and his partners,—"When we made
the agreement with you for Wheat, say 850 guar,
tens, on the ad instant, it was then understood that
the same would be delivered in two or three days,
at.the most as we had none, and as there is no'
'account of its.arrival, we do not consider ourselves
bound for the same, and shall therefore from this
notice, decline accepting the same." To which the
Plaintiffs wrote an answer, dated Hull, the i zth of
May, in which the Plaintiffs said, they should hold
the Defendants to their agreement—upon which
the Defendant, Poynton, wrote another Letter to
the Plaintiffs, alledging, that it was not he who
had broken the Terms of the Contract, but the
Piaintiffs had broken theirs, as the Corn was not
yet delivered, and expressing an expedation, that
they would make satisfy lion for the disappoint-
ment. The truth of the matter was this : if the
Article had been of the same price as when this
'Speculator in. Corn contraded for it, he would
have waited with patience for it, and would have
taken it cheerfully into -his Granary, and. the

Porir might ruSk at it through a Telesccipe, t‘ntil the
priCe for it kal become surn::ieeitly high in his opi..
nion to bring it out again. Ihe kiss wnz very
considerable upon it, however ; and Mr: EKSKI.Nt
Maid he was glad 'of it, and- wished it had been
much greater.

A mess was then called, who proved the
whole of the conversation between Mr. Poyntoti
and one of die Plaintiffs, As stated by Mr. ERMINE;
and like Wise the agreement already stated, Ed
wrEt the is'ubscribing witness. lie proved
lob that the Ektia'of the letters which had been
sent to the 'Plaintiff-4, and all the information they
possessed, was faithfully communicated 'to the De..;
tendan: Mr. POynton ; and it was ()roved also, that
the Whea:', when it 'did arrive, whir t was a consi.:
dcrable time afterwards, was tendered to the De-
fendant, &c:

It was proved also, that Corn fell about ss.
quarter on the 9th of May I Soo, at the market at
Wakefield.

Lord KENYON said., that for the purposes of this
Caine, it. did not signify whether it tell or rose,
excepts ito shelved 'the conscience of the De.
fendant.

The ATTORNEY GENERAL submitted to the
Jury, that the Witness for the Plaintiffs had not'
represented the Case correctly ; that the under-
standing between the parties was, that the whole
of the (Zinn was to he deliVered in two or three
day's, otherwise that the Defendant Should repudiate
the Conrrad, and this, he contended, "'was to be
inferred from the words of the Contrad, as well as'
the probability of things; for the Contra,` stated
the ship to be expelled should call a
witness to prove, that the information stated by the
Plaintiff's witness', was not corre&; that the cir:.
cUrnstances stated in the letters were notcommuni-
cated•to the Defendanr, and that the Defendant was:
not to wait an indefinite time for this Corn, after
giving this high price, &e. He did wait seven or
eight days', which was a reasonable time.

.John Richardson, Clerk and Nephew to one of
the Defendants, was examined, and li,. said, that
Mr. Poynton said in the Plaintiff's ounting-house.,.
the Coro must come immediately, or else it wou!:1
not do tor him, and that Mr. Clarkson, 'one of the
Plaintiffs, said to Mr. Poynton,. if. he would stop:
till Tuesda):, he had no doubt it could arrive. SoMe
of the paragraphs, -.which were extraels from letters
to the Plaintiffs, and which the Plaintiff's witnenS—
sworOvere read to the .DefendantPoynton,, were
stated to this witness, and he said they were not
read to him at all, &e.-Scc-.

, .
The ATTORNEY GENERAL said, he had anotner.
witness IO:-•the same ile4, but he could not go fur-
ther than the statement Of. this witness, and there_
foie he Ocinld not eAll him.

Lord KENYON said, there never was a clearer
case than this was: the
,Plaintiff was entitled to 're-
cover most clearly ; for the Agreement. spoke for
itself. The Defendant knew that the arrival of the
vessel was a circumstance of which the Plaintiffs
had no more controul than the Delenciantit must
depend upon the elements. There was one obser-
vation made by the Attorney General, on which his
Lords* could not help saying a few words.—The
observation was) that it was not likely that the
Defendant would agree to give this price and wait
an indefinite period. . " Gracious God!". said his
Lordship, " Have we forgotten, the pralices of
these Engrossers and Monopolists—has it not ap-
peared before us in evidence, and even in lodgment,
that they have not only paid the price of the mar-
ket at once without offering to lower it, but -that
they have offered to give more than was asked
10., why don't you. ask 161. ? give you 161.--,
Have.we. nor heard. these things proved ; it might
appear extraordinary that a purchaser could do this,
but there is no won:ler in it when you come to con,
sider, that this very pUrchaser has got an enormous
quantity of the article in his own haods, and that,
in fad) he is interested in giving the highest price,
that any body askS him ; and -then he takes care to
Charge the poor consumer roundly—he . having ob-
tained the command of the marker. Ido not wi.sh_
to make use of invidious expressions on these per-
sons, bit I Cannot. help feeling these ..tbings. To
be sure, nothing can, be more clear Chan.the Plain
tiffs' right to: recover in this Adiot4''"
- Verdi& for the Plaintiffs,—Damages to be corn-
putcd by Mr..LOIIION., to whom the quantum was.
referred.
.

CbRNWAL WRIGHT.

This tas -an Aaiun for Criminal Correspondence
between the Defendant and the Plaintiff's wife.

That propf-whih constitutes the right of Ataion,'
here deStroyed ir; 'namely; the Adultery ;' for if
appeared by the-evidence of the-Plaintiff's own'wit.:
ness) that the Plaintif'f's Wife had actually solicited
the Defe6dant to co►n;;;it the ark ; and it was stated,:
that there was untold to the Court, a shocking tale
of the most ihatrieless and disg-usting lewdness, &c.,
but Which was better concealed.

Mr. ERSKINE said, he had tried, and tried in
vain, to make the Plaintiff withdrAw his Record in
this case, for 'he foresaw, on reading the case, the
disgrace which must attend the disclosure of it ;
but there Was a fatuity about some men which no-
thing:but their ruin could overcome. He had ab-
solutely over-ruled all advice; and so the Cause
came on, and he was glad there 'was end. of it.—
An. Advocate could nor, consistent with the rules
of the profession, refuse to open a case if a Brief
r; as given to him, but he was very uneasy while,
this was under his care.

Lor KENYON said, he saw enough o( •this Cause
to be confident it was humanity to, the Plaintiff' to
proceed no further in it. The advice which Mr.
Erskine gave the 'laintifF, was wise and very kind;
but if a man would run !lis head against a wall, no•
body could help it.—Plaintiff nonsuited.•