The Sun.
London, England, 1831-01-12 00:00:00

Lord Chambettail, and restricted to the verge of the
Palace..

Mr. ADAM—AII these kind of things were taken propel
-care of by the Star Chamber.
Mr. HORNE—d hope that nay tearnel Friend, as to
whose case lam perfectly let the dark, does not mean
to bring us back to those 'good old times of justice, which
we have all heard e.tul read of, and I dare say judged of in
the right way.—(A laugh.)

The Loin CHANCELLOR—I am now informed whit
the limits are. Proceed, Mr. Horne,

The Learned Counsel then said, that such being the
form of the two patents, he could not think why some
other course than the present had not ben pursued by the
proprietors of the two patents. His client did not invite
them here. He had filed ho bill in Chancery. He had
not called upon thtm to account for anything in their
possession. No—he came forward simply to implore the
grace anti favour of the Crown, which had never been im-
plored in vain, when the cause was just-, and which he
sincerely hoped would be granted in the present ease.
What (lid the proprietors of the two patents do? Why,
they came forwat4, and interposed what they celled their
claims, to Frevent his client receiving the favour of the
Crown. They said, we are in posstssion of two patents,
which,although granted in times far different to the present
—as different in ts.ste, feeling, ability, and opinion—
we will new bring forward to prevent any one having
the aamt advantage as ourselves. They exclaimed
that they did not come there before his Majesty
to discuss what was reasonable, fair, or even
necessary. No, no ! A Monarch has granted ns
two inviolable patents. We tell you that their
origin is perfectly good. They are now in existence. We
are the representatives of them, and as such we have a
right to prevent the Crown from granting you, for your
own benefit, and for the amusement of tl:e public, licenses
for representing plays in London anti Westminster. Here
we are in 1831, exposing these doctrines, and upholding
what was done in 1632. Such is what he (Mr. Horne)
conceived to be the case set up against his client, To the
best of his knowledge, he thought that nothing as yet had
been stated but what could be supported by his Learned
Friend. He should like to know—indeed a better state-
ment should have—

The Loan CHANCELLOR—We are not here for fishing
about what the case of the other side is. I should think,
Mr. Solicitor, that we should take it as we find it, and
that you should treat it as it is.—(A burst of laughter
followed his Lordship's remark.)
Mr. HORNE (with some warmth)—l am not in the Pit
or the Gallery, and I beg it to be understood that I am
not an actor, nor am I to be treated as such.
The LORD CHANCELLOR—This, it ought to be known,
is not an open Court ; but it has beets thrown open out of
mere indulgence. Decorum should be observed in a better
manner.

Mr. HoaNa—With respect to your remark, my Lord,
about my fishing about, I beg to say that I am quite in
the dark as to my Learned Friend's view of the case ; and
as it is left to me, so must I take it. The Learned
Counsel said he should now take another line of argu-
ment, which was, that about a century ago these patents
were incorporated, and possessed by one person. It was
as much as admitted, although no deed had passed be-
tween the parties engaged on the occasion. Indeed, it
had been stated in some of the papers that such was the
fact—that the patents for both Theatres were held by one
person. How this could be done and held law, without
permission had been received from the Crown, he was at a
loss to know. Indeed he could not conceive how two
patents, granted distinctly, and for distinct purposes, could
be incorporated, and then boldly set up. If they had been
incorporated in this way, he said then that the patents
were gone ; and he challenged his Learned Friend to argue
the contrary.—(Some surprise was evinced at this, and
the Counsel for the other side immediately conferred for a
short time. )--He put it forward as a proposition of law
that could not be controverted. The way in which he
understood it from the pipers which he had read was,
that King William bad limited the patents given by
Charles H. to Betterton and others, in order that the in-
tention of his (Betterton's) predecessors to keep open the
two Theatres by the authority of the two patents that he
incorporated by holding both, might not be defeated.
The LORD CHANCELLOR—This is a very material point
in your argument, and one for which I was not quite pre-
pared. I have not read over all the papers, as they were
sent to me at a very late period.
Mr. HORNE—We, my Lord, although not exactly
placed in the same predicament as your Lordship, have not
had all that time which is so necessary for the full consi-
deration of so important a subject.
The LORE. CHANCELLOR—Pray, do you mean to say
that there was any privity between Betterton and others
in obtaining this limit of the patents to him from King
William ?

Mr. HORNE—Yes, my Lord, and I have no doubt,
upon going further into the case, that we shall find trans-
actions between Betterton and others that will make this
opposition to our supplication for the favour of the Crow❑
perfectly inconsistent. You observe, my Lord, those
extremely strange and significant words, that the ob-
ject of Betterton's successors in keeping open the
two theatres might not be defeated. Would any one
say that the patents given by Charles the Se-
cond were such as no one could meddle with them ?
Why were they meddled with by King William. It
was, therefore, a mockery, and nothing else, to say that
the patents were inviolable, both by the Crown and
subjects. Then it appeared that the two patents were
granted distinctly ; but they were afterwards incorporated;
and that he contended, was a forfeiture of them altogether.
After being incorporated for a century, it was said that
they were both revived. If he could get to the length
that these patents were used for any other purpose than
that fur which they were originally granted, then he
should expect that the patents would be considered as for-
feited. He was now dealiug vita the question, as to
whether these patents were good or not. He was not ar-
guing about the right of the Crown to violate these pa-
tents, but about the right of those who contended that
these patents from Charles the Second could not be vio-
lated ; and that in consequence of their existence, Mr. Ar-
nold had no right to receive any benefit from his present
application. They were told that the patents were re-
vived after the time during which they were limited to
Betterton had expired, and that they afterwards became,
as they were before, two patents in the hands of two per-
sons, for two distinet purposes. If the patents were re-
vived, which of them, he would like to know was revived.
One of them must have been in existence during Better-
ton's time, and which was that ?
The Loan CHANCELLOR-Then you admit by that,
that one of the patents was not forfeited.
Mr. HORNE—No, my Lord, Ido not. I am, your
Lordship perceives, taking two views of the case, to show
the futility of any argument about the inviolability of these
patents. I say that their incorporation forfeits them, in-
asmuch as any violation of a thing given for a distinct
purpose, is a forfeiture according to all ackn..,wledged rules
of law ; and if a forfeiture has not taken place, I ask
which of the patents was in existence when Betterton
held both Theatres, or whether a new one was given
altogether ?
The Loan CHANCELLOR-This, then, is a new view
—a material break in your argument. Would it not be
better—and I am speaking for the sake of the Learned
Judges with me—to adjourn, as you cannot possibly be
finished for a long time ?

Mr. HORNS--;My Lord, I am in the middle of my
argument; but, perhaps, as the points which I have to
raise are most important to my client, it would be better if
your Lordship's suggestions be complied with.
The Loan CLIANCELLOR-Very well. The Chief
Justice cannot attend to-morrow, so we will adjourn till
Thursday.
This being assented to by the Learned Gentlemen en-
gaged, the Court adjourned.

The following officers compose the Military
Staff of his Excellency the Marquis of ANGLESEA, Lord
Lieutenant of Ireland :_—Aides-de-Camp in Ordinary,
Lieut.-Colonel Sir WILLIAM P. DE BATHE, Bart.,
Unattached ; Captain F. PAGET, Coldstream Guards ;
Lieut. C. J. HENRY, 56th Regiment; Lieut. STEWART H.
PAGET, 7th Hussars; Lieut. Hon. H. COLE, 6th Dragoons ;
Second-Lieut. R. G. WILLIAMS, 21st Fusileers. Extras :
Major Baowiitow, h.p. Unattached ; Capt. WILLOUGHBY
COTTON, Coldstream Guards; Cornet Hon. WILLIAM F.
COPPER, Royal Horse Guards; Lieut. Viscount BANE-
Iet Liie Guards; Lieut. F. NESBITT, h.p. 18th
Hussars; Lieut. Hon. W. S. CLEMENTS, 42(1 Regiment.

DOLBY'S COOKERY.-The name of Mr.
DOLBY is now, like his own good things, in every body's
mouth, and his " Dictionary," which savours of all that is
excellent in taste, substance, and arrangement, has now
become the established favourite, not only in all the
kitchens of the nobility and the fashionable hotels, but
from its clearness of arrangement, and facility of refe•
truce, it is new in such high favour as to he more resorted
to than any other Cookery-book extant. It is indeed an ad-
mirably digested Manual, teaching both the decorative and
the solid—hoth how to dress well, and how to live well.
It is the pan-opticon, the pan-orama of culinary science,
and its author has been aptly called the grand explorator,
or Captain Cook, who has made the most valuable dis-
coveries in the table-land of gastronomy.

LANDHOLDERS-NWPOSED RELIEF.

TO THE EDITOR OF THE SUN.

SlR,—Considerable experience in agricultural affairs
teaches me with confidence to state that the landowners of
Bogland have now a noble opportunity in deserving their
country's gratitude.

The sacrifice,—but rather, I should say, the invest-
ment I am about to recommend, if promptly and simulta-
neously given throughout the kingdom,—would produce
such results—would call into action those poor deluded
and degraded labourers, and would do more in restoring
those disturbed districts to peace than any Acts of the
Legislature. We freqwtntly hear of 10, 15, and 20 per
cent. being returned to the tenantry—no doubt not before
needimg it—hut what I now recommend is a great and
patriotic effort; I call upon all the landed proprietors of
England instantly to appropriate 10 per cent. of their
rental for the employment of labourers in agriculture,—
not in slteh improvements as it is the farmer's duty to exe-
cute, but in extra and paramount operations. Draining,
wherever wanted, opens a large and beneficial field for
this object ; where this is not required, the levelling down
old and often crooked hedges—the planting new ones—
the making and repairing roads through the farms, the
strengthening water.coursea, &c. &c., offer ample scope
for the employment of capital, which will improve the
value of their estates, and often benefit the tenant, parti-
cularly in well executed draining, more than the amonnt
in sovereigns ; and the poor starving labourer, for him
what will it not do? At this dead season, by taking such a
redundant number of unemployed men out of the
market, the rest will get work at a remunerating price.
This first step having been taken by the landlords, time
will be afforded Government to follow it up by other salu-
tary measures, which I am convinced they are deeply in-
terested in effecting—hut, unfortunately, we expect too
much from Acts of Parliament, and do too little in aiding
their operation.
In this northern part of the kingdom our labourers are
more happy, mere intelligent, and superior members of
society, than those I have seen in the south. The limits
of my paper, and the fear that this is already too long,
prevent my entering further on this subject. I should
liked to have added a simple narrative of my own farm-
servants : it is some proof; when I state the average poor-
rate in Northumberland is only Is. in the pound,
that the system is a much better one than that practised
by our brethren in the south.
I am ■ constant reader of your invaluable Paper, and I
make no apology in asking you to insert this, because I am
sure if you see any chance of its doing good, you will give
it a place.
I ought to have added, in its proper place, that the
tenant will receive other benefits besides those I have
named, the poor-rates will be reduced; and a happier and
better fed peasantry will surround him, and execute a
better day's work ; very much may be done by the farmer
in making his people happy, but this would require a
chapter to itself.
Banks of the Tyne, Jan. 10.

AGRICOLA.

REPEAL OF THE UNION.

TO THE EDITOR OF THE SU:I7.

hope that I am not miscalculating your
character when I anticipate the opportunity your candour
would give to me, and to every Irishman, to vindicate him-
self against a charge which he confidently feels cannot be
in justice or truth brought against them. lam one of the
millions of Irishmen who consider the repeal of the Union
between England and Ireland the only measure which
can give to Ireland even the hope of emerging from that
miserably degraded state to which she is at present re-
duced. Her farmers struggling with exorbitant rents—
enormous church exactions—oppressive Grand Jury im-
posts—a star ving population, and the burthen of their own
priesthood—the manufacturers converted into common
farming labourers—the various artizans and trades perishing
in the streets and highways—for such heart-breaking
calamities I know of no remedy so effectual as the
restoration of the nobility and gentry—the restoration
of the best capital any country can enjoy, namely, that
which is circulated by the proprietors of the soil. If
I be told that, according to the nature and terms of our
present connection with England, Ireland enjoys the
market of the farmer for her beef, her pork, her butter,
and her grain—l answer in the language of the
Sicilian to ancient Rome :—true, you take all we are able
to produce, but our rich and our great men go to Rome
and spend the amount of that produce in the capital of
the empire ;—we also send to England the produce of our
industry, but the absentee proprietor lavishes in London
or in Paris the amount of that produce remitted to him
by his tenantry, who hold their lands at rents which leave
little more than is necessary to work out a miserable
existence. This, I insist on it, is the general rule, to
which I aderit there are some honourable exceptions.
But, Sir, I appeal again to your candour, if your beautiful
country was deprived by law of the parental presence of her
Nobility and Gentry, and left to the harpy protection of
land-agents and tithe-proctors, would not the same conse-
quences flow from the same causes, and destitution and
despair, distress and rebellion, be the perpetual feeling
which would distinguish a great and indignant nation ?
Why is the the law impartially administered in England,
because men of property and education are always present
to whom the injured poor man can make his appeal. In
England no venal magistrate is found plotting and confe-
derating with common informers to trade on the blood
of the poor people around him—why, because to betray
the Irish peasant has been the direct high road to magis-
terial elevation in Ireland, and to protect the English pea-
sant is the best recommendation of the English magistrate
in England—it is quite true the magistrate's traffic in
Ireland has been much discouraged, but still much more
remains to be done, and never can that much be done effec-
tually by the best intentioned Chancellor until the Irish
Nobility and Gentry, or, in other words, the proprietors
of the soil, shall be forced by the law and Constitution
to reside in their native land. This can only be done
by giving to Ireland a resident Legislature. We
would then have the Protestant King of England the
King of Ireland, a Protestant House of Lords,
and, considering the Protestant territorial property
in Ireland, with few exceptions, we must have the great
majority of Irish representatives Protestant. You, Sir,
are therefore much in error when you say that, should " the
Union, which Heaven forbid, be repealed, Ireland will be
thrown at once into the hands of the Catholics—there
will be a Catholic Administration, a Catholic Priest- '
hoed, a Catholic Magistracy, a Catholic Corporation,
in every city and town throughout the island ; in a word
the condition of the two great parties in Ireland will be
reversed, the Catholic will become what the Protestant
once was, anti the latter, despite the protestations of the
O'Counelites, will be the mere despised slave of the as-
cendant faction." When, Sir, you reflect, you will find
that these results are impossible. The Irish Administra-
tion must be appointed by the Protestant King of England.
The Irish House of Lords must be Protestant, and for cen-
turies the great majority of the Irish House of Commons
must also be P rotestant. You are, Sir, well aware that
the Catholic has been deprived, by the law of disfranchise-
ment, of the great power which the Catholic population
formerly wielded in the persons of the forty-shilling free--
holders ; and that that the elective suffrage is now re-
duced into a very narrow circle indeed in each county of
Ireland ; but even if the forty-shilling freeholder still pos-
sessed his vote, I contend that the ascendancy of Protestant
property in every county in Ireland would necessarily
command a Protestant House of Commons. Would the
Irish Magistracy be all Catholic ?-1f so, the Protes-
tant King of England would appoint them. Would
Corporations be all Catholic?—lf so, Protestant Cor-
porators would qualify them. In vain, therefore,
arc such terms held out by the English Press, to frighten
away the Orangemen from the embraces of their
Catholic countrymen. Adversity makes strange bed-fel-
lows, and it is not the voice of O'Connell, but the louder
and more potent voice of national despair, which now ral-
lies all colours and denominations under one common ban-
ner of orange and green. Knowing, as I do, the good
feelings you have always entertained towards my country
—knowing, as I do, the sacrifices you hare made of time
and money in the cause of her emancipation, lam the
more anxious to set you right o❑ the actual results which
must flow from the repeal of the Union, and if such re-
sults would follow will any candid Englishmen deny that
England would be benefitted as Ireland was enriched, and
that both would be bound together by the golden chain of
interest increasing in strength with each succeeding year?
—lf you could satisfy me that that most execrable of all
ascendancies, the ascendancy of a sect, be that sect Ca•
tholic, or Protestant, or Presbyterian, would be the con-
sequence of the Union, I would rather see Ireland buried
in the ocean than live to .see such a visitation on the people;
but this could not be—and therefore I feel my hopes rising
with every hour, that Englishmen, as well as Irishmen,will
be soon satisfied that the Legislative Independence of Ire-
land is the beat and most certain guarantee for the happi-
ness and security of both.
Your insertion of these lines in your very valuable
paper will oblige your's very respectfully,
JOHN LAWLESS.
15, Leeson-street, Dublin, Jan. 6, 1831.