The Sun.
London, England, 1824-05-25 00:00:00

rally much more active than gratitude for benefits received.-- addition as follows :—" In which statement several erasures
These Gentlemen would have great local influence which and alterations in pencil appear to have been subsequent!!
might be improperly used. Now, without wishing to diminish made by Lieutenant-Colonel Western.
the fair patronage of the Crown, he saw no reason for increas- " There was also found a memorandum in peacfl, relative tg
ing it. He considered this lull to add to it largely, and to have what took place on the ground, on a detached piece of paper."
a tendency to diminish the independence of the Gentlemen at Why was the account contained in this memorandum sup"
the Bar. He therefore so Strongly objected to the measure, pressed in the statement published by Sir H. Hardinge on ule
that'he should take the sense of the House on the third reading I itli ? If the name of Sir H. Hardinge is puffed and paraded
of the Bill. He proceeded to shew, by referring to the consti- with so much pomp, Colonel Western,. too, was equally We.
tut the of the existing -Courts, that tile provisions of this Bill known as a brave and distinguished officer, and no less know,: were unnecessary. He would be content to extend the juris- as an honourable man, incapable of distorting or misren
diction of the Courts of Conscience to the recovery of debts sensing facts. Why, then, were the " erazures and penciled
amounting to a ; he would prievide for the taxing of costs by alterations subsequently made by him in his statement,
an Assessor to be appointed by the Sheriff: He wished the omitted in that of Sir Henry Hardinge ? Why was " the Oen;
Sheriffs' Courts to retain their present jurisdiction, and object- cried memorandum on a detached piece of paper" suppressed •
ing to give the Crown additional patronage, which might prove It will be said that this penciled memorandum and these pen'
injurious to the nation. He moved as an Amendment that the cited alteratiops were subsequent to the signature of
.11. •P
Bill should be read a third time on that day six months. which the paper bears. True, but as this paper is without
Mr. SYKES, when he considered the expences necessarily Colonel Western's signature, it is evident that he had
110 t
,
incurred under the existing law in recovering a small sum, finished his examination of the subject, and that he decline"
which often made it advisable to abandon a debt of 251. or signing the document, till this very memorandum and these
301., confessed that he thought this Bill ought to pass. The very alterations in 'question were admitted by Sir Henry Ham'
proposition of the Learned Gentleman for extending the ju- dinge. It was Colonel Western's intention to have wait
risdiction of the County Courts to 51. would be wholly inade- on Sir Henry Harding; for the express purpose of 11014
quate to remedy the evils complained of'. On the point of this material alteration inserted ; and death alone prevent
patronage he agreed with the Learned Gentleman, and could him from acting on this intention. I now call upon the.
wish that it should not be given to the Crown, but rather to two Gentlemen(Mr. French and Gen. Turner), who, withoa,
the Sheriff, and the advantages resulting from it lie had thought my knowledge, examined the papers of the late Col. Wester°,
would be no unfair compensation for the expence thrown on at his uncle's house, to produce a copy of the penciled mentor'
those who took upon themselves that office. lie was, however, andurn in question, which formed a part of' those papers, and
unwilling to put off the measure for another Session, and should which, on examination, I allege will be found to corroborate
vote for the third reading. my assertions, and to correspond in its substance and tenet'
Mr. SCAR LETT explained. with the following statement :
' MiS J. WILLIA3IS fully agreed with the view taken of the Mr. B. said to Sir 11. Hardin a—" Do you, on the part of
patronage' given by this Bill to the Crown by his Hon. Friend his Lordship, mean to give hie a fresh insult ?u,
Do yo intent' the Member for Peterborough, and thought that that furnished to tell me that lam a liar?" Sir H. replied, "No ; I
do not
an objection whiclomeght to sink the measure to the ground.— mean to say so; but every man ishable to mis-etatemena yOO,
It had lately been said, that 1,50 places were at present ope_ Sir, (turning to Col. Western), may make a miss-statement, or Irating on the virtue of GentleMeri at the Bar. If this were an may ; Mr. Battier must have been misinformed."
over-calculation, he himself could count above 120, and to add . After the pains which the penciled memorandum will
to them 20 places, which might be held by Gentlemen of five prove to have been taken on the ground by Sir Henry Her'
years standing at the Bar, would be throwing additional weight dinge in explaining away the nature of a Ores; which-
into that scale which was already too heavy, and he should if deliberately used, must have been grossly eflansive (and,
therefore feel it to be his duty to vote tbr the amendment of his which, if viewed in that light, all who knew the'character 0'
Learned Friend.
Colonel Western must know that lie would not for an instant
Mr. It. SMITH was of opinion, that giving the patronage in have submitted to); and after time very different colouring given
question to the Crown, was the only means of fixing responsi- to the affair, in Sir H. Hardinge'a published statement I con-
bility and preventing the proposed appointments from being MI-
,ceived that the account lie had put forth in the public journals
properly bestowed. The existing evil absolutely required a "was totally at verience with the true character of the mane-
remedy, and he should certainly give his vote for the bill, action, and deficient in most important Circumstances, as I have
Lord A LTHORP defended the measure, and replied to the already stated in The Observer. I therefore felt myself war-
objections urged against it. It was true that it gave some ad- ranted in saying, that Sir H. Hardinge drew up a partial
ditional patronage to the Crown, but the increase was not so statement of the occurrences, which Colonel Western,
much as, in his opinion, to make any great difference with re- admit, has signed, but the import of which, I repeat, his
apect to theindependelice of the Bar. There always had been subsequent memorandum in pencil proves that he did not
in the profession of the law splendid exceptions to the influence " thoroughly examine" or comprehend. On these grounds, 1
of the Crown, and such, he doubted, would continue to be required from Sir H. Hardinge an explanation of the meaning
found. Some inconvenieneies were to be risked where the object intended to be conveyed by
his late statement, or a meeting'
was to correct evils of such magnitude as now called for re- Every thing like explanation he thought proper to decline;
dress. To thew how much some such measure was required, and as to a meeting, it was flatly refused in the followins
he referred to a case which had occurred at Worcester. A terms, which Sir H. Hardinge cavalierly dictated to my friend,
woman, of the name of Brown, sued a person for 41. Bs. The who at his request took them down in writing ;_
parties went to trial, and, he believed, the person he had " Sir H. Hardinge says, that at the time
lie stated that he
pained gained the cause. For recovering this 41. Bs. the At- would, under the advice of his friend, not decline to wee
torney brought in his bill, which amounted "to 901. es. 3d. She Mr. Battier or any man, he was not aware that Mr. Battier
could not pay it, was arrested in consequence, and had been in had published in The
Observer a flagrant and infamous ca-
prison since the 14th of last July; in consequence of having lumpy, which he has promised to prove, and which Sir II•
recovered a just debt. 'When such was the state of the law, it Hardinge defies hint to prove; he can look on Mr. Battier
could not be denied that some remedy ought to be provided. in no other light than as a calumniator,
pleased to and subsequently
He had done his best, and endeavoured to frame a measure cal- unworthy of his notice." To this Sir H. II. was
culated to meet the evil.
make .a verbal addition, which no honourable man can vista
The Gallery was then ordered to be cleared, but the strangers in any other light, than as the bravado of a bully—" That
had not wholly retired when the question was put on the though he would not meet Mr. Battier,
lie would meet an!
amendment, which was negatived. The third reading was then gentleman who would step forward and put himself in his
carried.
place !" On such an absurd, but convenient piece of affectation,
Some additional clauses were then moved and agreed to. I shall make no comment.
Colonel TRENCH moved a clause to give compensations to Having stated these facts, i would ask what course was left
the Town Clerk of Cambridge, for the loss of his emoluments for me to pursue? I had merely required of Sir H. Hardingew
in consequence of the passing of this Bill. state his own expressiens,the very words himself had used on the
On this the House divided, when the numbers were—
ground, and which the penciled hand-writing of CoL W. will
For the Clause - - - - 31 proved. He refused, taking advantage of the difficulty in which I
Against it - - - - - 112 - was placed, by the death of the only individual who could have
Majority . _
—3l given personal testimony on my side ; but little imagining that
Lord ALTHORP proposed a clause to negative the Com- that person (Col. W.) had left behind him a document which
pensatioh for loss of Offices under the operation of the Bill. will place the fact I assert beyond the possibility of dispute.
The Noble Lord did not mean to repeal the whole clause, and Whether the step which irritated feelings impelled me to
accordingly moved to leave out part of the words. take, on meeting Sir H. Hardinge in the street, was precipitate
The ATTORNEY-GENERAL was surprised the Noble or net, Ido not stop to canvass: I only ask any man, with the
Lord in the last stage of the Bill should oppose this clause. So common feelings of human nature, what he would have done
far as he was concerned, 'he stood upon fair wound. The per- under the same circumstances ? or what alternative was left
sons whose names had been introduced in the Compensation me, after Sir H. Hardinge had misrepresented my conduct, re'
Clause, were persons who had purchased offices allowed fused my message with insult, and then coolly and insolent',
by law to be sold. They were all freehold offices ; they deputed my own friend to be the bearer of that insult ? Sue
had all the character and interest of other freehold property, are the plain facts of this case--and I repeat it, they will be
annd he asked whether it was justiee to say those offices proved in their most important points by the document ',chic"
ould be abolished without giving compensation ? If a dock Colonel Western has left behind him. They cannot be con"
was to be built, or a canal excavated, the parties whose troverted by specious sophistry and diplomatiiacnnjcaip.agaloblniwe.,hofoirnher;
property was taken, received compensation .1 and he might 1 have been counselled in self-defence to address this letter
ask why a distinction was to be drawn ? If Gentlemen 4to you for the perusal of my friends.
would make inquiry, they would find all the characteristics of the late Colonel Western, know that hrerliveraY;
this property, and if so, how could they leave out the com- own sake, of acting the part which the statement of Sir ll'
pensation clause ? The Finance Committee had recommended liardinge, adroitly drawn up by that Gentleman, and I admit,
compensation for these claims, Saleable offices were considered hastily signed by Colonel Western, would imPute to him:
part of the salaries of Judges, and how then could they take That Colonel Western did hastily sign this document, is proven
away those salaries ? the Judges according to the Report of a by the pencil memorandum, which Sir H. Hardinge's own
Committee of Finance, would not be sufficiently paid without friend admits was found among Colonel Western's papers, and
the emolument of those offices. The parties held the property the contents of which memorandum I now again require to be
by purchase. stated by the two Gentlemen who examined those papers.
Mr. BRIGHT could not find precedents for giving com en- As to Sir H. Harding; after the part he can only
and the
action. 'When the Star Chamber was suppressed, no compen- chastisement he has drawn upon himself, I can only view hill,
sation was given to individuals holding offices. Ile supported with contempt; he has carried his fondness for argument to
the Noble Lord's motion. the last, for he now disputes upon the mode and manner of
31r. N. CA LVER r opposed the clause. ' using a whip—quibbling upon the difference between raising
The House then divided— a whip over him, and shaking it at him. - . -
For the clause - - - - 47 To conclude--His Royal Highness the Commander-in-Chief
For the amendment - - -41 has been pleased to remove me from-the army, but there exists
Majority against the amendment - _.O no power on earth that can force me to submit to insult. Lord
The Bill was, then, as we understand, read a third time and Londonderry, for the seine offence as mine, has been visited
passed. . - . • .
with--a gentle censure! On this I make no comment —the
thins speaks for itself. There is, however, one consolatory re-
flection—Since Military Justice is thus dispensed, we may re-
joice that we hold our Civil Rights under a less precarious te-
nure.

SCOTCH JURIES BILL.
Mr. KENNEDY moved that the Report of the Scotch
Juries Bill be received. The Report was accordingly received.
Lord BINNING moved that the Bill be re-couunitted.
, The House divided.
Ayes - - - - - se
.Noes - - - - 25
Majority - - - - —3
The Amendments in the Bill were agreed to, and the Bill
ordered to be read a third time on Thursday.
Mr. HUME obtained leave to bring in the Bills recommend-
ed by the Committee on Artisans.
The first Bill, that for repealing the Combination Laws, was
brought in and read a first time.—Ordered for a second reading
to-morrow.—Adjourned at ONE o'CLock.

I am, Sir, your obedient servant,

WM. BATTIER.
To the Editor of the The Morning Chronicle.
P.S. I annex a document received from Colonel Western's
uncle, which may in some degree illustrate the motives and
sentiments of my site friend, Colonel Western. Had not his
sudden illness prevented his perfecting this communication,
many of the difficulties in which this affair has been industri-
ously involved might have been avoided.
" " No. 7, Great James-street, Bedford-row, May 22.
Sir`—ln examining the papers of my nephew, the late
Lieut.-Colonel Western, I have found a letter in his hand
writing, of which (after consulting with others of his family) I
deem it my duty to furnish you with a copy. The letter was
open and without date or signature. I should have sent you
the original, but as it may be necessary to authenticate this do-
cument, I have thought it prudent to retain the letter, which
shall be forthcoming whenever called for.
" I am, Sir, your obedient, servant,
" William Battier, Esq. " JAMES WESTERN."
" DEAR BATTIER—I conceive it a duty under the circum-
stances of yesterday's and this day's business, to lay before you
(though uncalled for) a brief explanation of-my motives for
pursuing the line of conduct I did. This, I trust, will meet
with the approval of your real friends„ and shew why I did
not chuse bloodthirstly to insist on the continuation of bos.
tilities.—First, you certainly, in a public view of the pro-
ceedings, have gained a complete victory; your mind, not-
withstanding, laboured under the impression, that some persons
might be illiberal enough to suppose that the virulence of your
language was under an idea that the Marquess would not meet
you ; the same party (should any such exist) might suppose
that you hid yourself under the generality of your langusge to
the corps, and that not having personified any individual, you
were secure from personal collision from any individual:
" Have you not proved to the world, that by the c,-ent of
the day, you have shcwn yourself a man who has not wonted
a courage you did not possess ? Has Lord Londondi rry not
proved to you that he looks on you as a Gentleman, or be
would not have put himself before you in personal conflict ?
" In consideration of this, together with the public opinion,
I could not, as a man and a Christian, think of allowing you
to seek with inveteracy that man's blood, whose fire you had
manfully stood against, and whose blood certainly would have
been on my head had any fatal consequences occurred after the
first fire. The chance of your pistol having missed lire was an
event not to be looked for by either party ; but it having so
happened, any further proceedings, in my opinion, would have
only been rash and vindictive. The world would so have con-
sidered it, and I should have been to blame, and only me, had
I acted otherwise than .1 did.
" I write this solely to convince you of my feelings on the
subject, and however 1 may have erred in the opinion of the
rash, I do not consider either your honour or mine have been
impeached by it, but rather added consideration to the prin-
ciples under which we acted.'"
• a *

LIST OF THE MINORITY
Who voted' with Mr. 3faberly on his Amendment that the
Beer Bill should be recommitted this day six months.
Bridges, G. Davenport, D. Rowley, Sir W.
Barrett, S. M. Davies, Colonel Ramsbottom, John
Bradshaw, R. 11. Denman, T. Williams, W.
Butterworth,- J. Drake, W. T. Wilson, T.
Bernal, Ralph Hodgson, F. Whitbread, W. H.
Birch, J. Knatchbull, Sir E. - Whitbread, S. C.
Calvert, C. King., Sir J. D. Wood, M.
Coke, T. W. jun. Marjoribanks, S. - Wells, J.
Cavendish, R. Moberly, W. L. TELLERS.
Cavendish, H. Plummer, John Moberly, J.
Curteis, E. J. Pitt, J. Denison, W. J.

SIR H. HARDINGE AND CORNET BATTIER.

[FROM THE MORNING CHRONICLE.]

Monday, May 24, 1824.

Sin.—ln the Papers of Sunday I perceive that
Sir H. Hardinge has published some correspondence and other
documents relative to a late affair. The colouring he has en-
deavoured to give these documents, no doubt affords great
relief to his present feelings, but I shall trouble you with a
few remarks, and also some proofs, which may set the matter
in a clearer point of view.

The fulsome compliments which a General Turner lavishes
upon " his dear Hardinge," are no doubt extremely flattering
to the latter Gentleman's vanity; and accordingly we find that
he has gratefully repaid " his deaf Turner," by " his entire
concurrence in every step the General has taken." But as all
these fine words do not advance one single step towards ascer-
taining the real truth, they must, in the present instance, be
regarded as totally extraneous matter ; I therefore pass over
the Major-General's rhetorical flourishes, and come to the chi-
cument which is considered so conclusive by him, and which
is put forward with so much bombastical triumph by Sir Henry
Hardinge; who (to give him all due credit) has made great
proficiency in the diplomatic art of twisting, distorting, and
perplexing a very plain case, This document, to which the
four signatures are affixed, states, that among the late Colonel
Western's papers was found an exact copy of the statement
published by Sir H. Hardinge in The Morning Chronicle of
the 15th instant, and also another statement in the hand-writ-
ing of Colonel Western, similar in 'substance. It would be
very well for the ex-parte statement of Sir H. Hardinge, if the
document concluded here, but a little farther on we find an

• • * 1 e

TUE VICE-CHANCELLOIt.-It will afford great
pleasure to the absent friends of the VICE-CHANCZLLOR to
hear, that he was so much recovered from his late attack of ill-
ness, as to be enabled to entertain his friends yesterday, in
South-street, with a sumptuous dinner, and do the honours of
the table with his usual affability and grace.