The Sun.
London, England, 1802-02-05 00:00:00

COURT OF COMMON PLEAS, Fts.4.

The business- of this day afforded nothing the
detail of-which would be interesting:
It. may be useful to a certain portion of our
readers to state, that in consequence of a motion in
the Court of King's Bench, in which it was decid-
ett an Attorney might become bail in an anion, for
the purpose of surrendering. the principal; that Lord,
AtArAritzir, after observing the praEtice in the two
Courts had been.dissinii/ary stated, that in future the
Common Pleas would adopt thcsame ittle upon the
subject} as the Kings Bench. By the; prattice now
recognized in both• Courts; an Attoinck may lie.
come bail for the mere purpose of a surrender:

Wednesday afternoon r bricklayer's labourer ern,
ploked in pulling down- an 60 house in Goswell..
street, fell from the top_into the street,. by ‘;:hich
bath his legs were broken. 1-1. was taken AO St.
Bartholomew's .1-i()spital,, withi hopes of-re-
covery,

MEMOIRS
Tit 1,./4f't EARL OP CLAREi.

THE following authentic Anecdotes respeaing
Lire v,tx distinguished Statesman, and resped-
able Law Officer; who certainly acted a most de-
cided, andone of the niojt important parts in the later
Politics a, his time ;
,and to Whbm, perhaps, tht
EMpire it large owes as mucli'as to any other POli-
tical Chirader, of the present day, will doubtless
be gtatif'ing to our Readers.

Lord CLARE was born about the year 1749—and
his ancestors, not far back removed, were of the
Roman catholic persuasion, his grandfather having
been brought up in_those lenets. From a mediocri-
ty of circumstances, -this perSon,' by.a laudable and,
persevering industry.;placed his family.in a situation
of respeftable independence. His eldest son,• father
of the hte Lord CLARE, was, according to report,
originally intended for the Catholic Priesthood :
but the fact, ,however, was otherwise, for on his
introduOtion• into life, he was well known to have
been, not only a decided, but was considered as a
staunch and 'zealous Protestant.. He was, at an
early age, called to the Irish Bar, from which Ca-
tholics, at that period, were scrupulously excluded.
In that situation the' elder FIT.ZGIBBON ,was a
highly esteemed and' successful Pleader. In those
days, theforensiC 'Profession, in the Sister Kingdom.,
was, in. a great degree, monopolized by a few
eminent Barristers. However, the talents, indus-
try, and perseverance of Mr. F. soon forced him
into notice, and, in a few years; his pratlice was
nearly as extensive as the most _successful df his
competitors, and of that lucrative kind, that he r'e-
alized a property of Upwards of 60001. per annum.
Of this Gentleman, Lord CLARE %Vas the only
son, and, was always destined by his father for his
own profession. In this view.he wits early entered
of the University of Dublin, and in that Seminary,
which has had the honaur of educating so many men
of distinguished and felicitous talents, he was the
contemporary of these celebrated political LbrOC-
teTS, FLOCD, 'GRATTAN, and FOSTER, Speaker of
the Commons in the last Irish Parliament. • After
spending The usual time at the Univeriiity, he en-
tered, and regularly kept 'his. Terths_ at the Temple,
from which, being still of an 'early age, he was
-called to the Irish Bar.•

In this situation he commented his career, with
advantages enjoyed by fevi—paternal reputatiOn,'
—favourable character, and the possession of an af-
fluent iralependence, which, in the instance of Lord
CLARE, and highly to his honour, did not pro.:
duce That .too frequent cfreCt on a youthful mind,
.an indolent apathy.7—His professional exertions and
success were ,such as might be expetted from him ;
at the General Eletlion of 1776, he 'obtained' a
distinguished scat in Parliament, namely, for the
University, of Dublin, and in the Irish Senate, by
a line of condutt, too generally known to need a
particular detail, and a species of eloquence, cer-
tainly neither btilliant, nor very argtimentative—
but, accompanied with a certain air of confident
authority, producing a considerable effett, became in
a few years one of the leading charatters in
And here, without violation of truth, it may be ob-
served, that his Lordship from his first entrance
into political life, in which he. seemed to have
engaged, uninvited and unbought, a partisan
of
,the Court, to the moment of his- dis.
solution, be appeared to have been uniformly
actuated by decided and unvarying principles --a
leading feature in which seemed to be a professed
contempt of the PreyraiiiivnTr
uigns, or as Doctor
Joifxst)ri forcibly expresses it, in his celebrated
Epitaph on his :friend THKALE--.--" a spirited con-
temner of the clamorous multitude l"--from the
commencement of his political career, his Lordship
never deviated from the line of condutt he first
marked out for himself ; the effe4 of this was a
decided support of the measures of the British
'Cabinet, and a resolute opposition; almost universally
speaking, of those proposed by what was called the
Popular Party.'—One exception only presents itself
to our recolleCtion, at the time when the accumulated
distresses of Ireland, towards the close of the Atne,
dean contest, induced het Parliament to favour the
.popular applications for what Was then termed
" A Free Ttade"his Lordship did not resist
them.-70n the diScussions,- however, relative to
the " Simple Repeal" of the 6 GEORGE I. we
believe he recnrreii to his wonted line of conduCl,
and since that period, continued the zealous and de
termined advocate for a strong and energetic system
of Government:

This line of condua naturally Metited the warm-
est approbation of Ministers, and, accordingly,
on the opening afforded by the promotion of the
respetlable Lawyer who then held the Chicf.Jus-
ticeship of One of the Courts, his Lordship Was ap_
pointed to.the very important, and in Ireland confi-
dential Law Situation, of Attorney General ; and in
this office) his firtnness, energy. and decisive con-
' duet are _well known: A striking instance 'of this,
which we derive from a kiogra'phical Compilations
rather of a recent, date, we cannot refrain from re..
Citing. At a time when a popular. ferment, produced
by various causes strongly prevailed in the metro-
polis of Ireland, a General Meeting of the inhabitants
was, attire requisition of several respe6able persons,
called by the Sheriffs.. His Lordship, then Attorney:.
'General) and one of the most.unpofular men in the
kingdcm, came to the meeting, accompanied
,only
by one or twd friends) and forced his way through
the mob, who had some time been in the habits of
offering personal insults to those whom they stisped
ed of being adverse td their measures ; .and getting
upon :he Hustings, interrupted a popular. Orator
in the midst of his harangue : He .then told the
Sheriff, that they I%ati aced illegally in convening
the Meeting-i-commanded. them to leave the Chair,
and ttreatened them with an information, ox of.
• .ficio, i 7 they
.presturied to contiatie it. I-le then
left the astonished asserni?ly amidst the hissts of the
mob, atd thC,ShetiffS instantly dissolved the Meet-
ing.. •

The most ternarkable zra of his Lontship's
politica lite, was the period of the very
portant ..and novel question, respeaing the Re-
gericy; in r 789:—it is well known, that ti:e
prevailig party in both Houses of the Irish
Parliattult had, at that time, contend:

-f• doiihif=; {- ire '.;; • • rig o a o appoint ouoßegentoi
Tltis tierrquestionable arid alarniing prOposition WLis
resisted 'by the British Cabinet, whose adherents
in the Irish Parliament insisted, that .bii legal as
well as political grounds; the Regent of Great Bri-
tain should alsci exercise that authority with respe6
to Irelarid ; on thin occasion his Lord "ship took a
*most decided part in favour_ of the British Side of
the question; and, to the utmost, exerted his
fluence and all the'energieS of hi's mind on the be:.
casion. The .terrifination of "these DiselissiOns is
well
,known, and an opportunity soon 'after offer.:
ing, on the demise Of .Lord LtiFoßn; the zeal and..
fidelity of the subj6a of this rrismi,,.,ir wet; rewarded=
as well as a full scope to the exertion of his pro.
fessional' talents given him, by hi appointment to
the very important Office of Lord Hitt
of Ireland ; respeiting which it may not
,be
teresting to observe, that he was the first native of
that Country who ever 'filled the stario:l. This
office'-being generally-accompanied by a Peerage, he
was; on that occasion, namely,. in, June -17894
created Baron FITZGIBBON, of Lower Cora°, in
.the County of Linierick. The conduft of the
Noble Lord, in this very arduous department, way"
such. as .uniformly refleded the greatest honour on
himself; and Was equally produdive of benefit to
This Country; His .a6tivity and eXpetUtion had
Made. Chancery suits almost cease to be an inherit-
ance. his. decisions might have -been sometime.% •
'blathed as premature ; but the paucity of Appeals,
evince that such objeaions.wereuot very seriously,
or extensively founded. •
The politiCal cpiiduft of the `Noble Lord:since
the period last. referred to, is of too.gt ea t public no..
toriety, to need recapitulating here.:---A great di::
versity of _opinion obvionsly exists as to its merits,
but the effect speaks most clearly or that bead—a
and in the opinion of a .decined, impartial, en.
lightened and . disinterested individual, we are
founded in hazarding ours; that in a great. degree
to the boldness, wisdom and etergy of the mea,ures
strenuonsly,siipported by Ins Lordship; the preset.;
nation of Ireland, ;AS a iVictuer of the empire, is to
be attribured

His Lordship's services and unshaken
were further
,rewarded prntrintiOn in the
Peerage to the title Of, Viscount ViTzotißoi; in.
1793, and• Earl of CLARE 10 1795: .
in 1787, to IMiSS WHALE)", Oaughter ok tt,e-140,
RICH. CHAPEL `WHAL:iY, Of 'NW-14, 'Esq. with
whom he obtained a eonsiderable-rfortunt.; and by
whoni he .has left twh Sons and:a Datighter: The
eldest son, now Earl of Ct..,Oti, was born in 1792.
His Lordship vas at his death in the 5 2.d year -oe
his age; • ; .

71. A Special Minister is charged with the Administration
of the public treasure. He watches over the receipts, ap-
points the transaCtions with regard to the funds and payments
ordered by the law. But he can authorize no payment, 'un-
less in virtue-Ist, of a law, and to the extent of the funds
specially assigned to a particular purpose; ad, of a decree of
the Government; 3d, of an order signed by a Minister.

72. He must; under pain of personal responsibility, pre.
sent, each year, a general account of the public treasure to the
Commissioners of Finance, in tide last week of the following
Year.

73. A detailed account of hic expenees, signed by himself,
must be published every year by each Adinister.
74. No Ad of the GovernMent can be voted unless signed
.by a Minister.

TITLE XI.

Q 1 THE LEGISLATIVE COUNCIL.

. The Legislative Council cannot be composed of less
than ten Citizens ofthe age of thirty years at least, appointed
by the President, but who.may be 'dismissed by him- at the
etid of three years,
76. The Members of this Council have a deliberative
voice on the projets of laws presented by the President,
which cannot be approved without an absolute majority of
suffrages.
.• 77; They have a consulting voice in all other affairs when
the President thinks proper to consult them.
73. They are particularly entrusted with the conformation
of projets of laws, the explanation of the motives which
havedeeided them ; the conferences with the Or.rtors of the
Legislative Body, and diwussionS relative to it j' conformably
to Articles 87 and 88.
79. The Ministers may assist at the Legislative Council
on the invitation of the President..
So. The salary of each Counsellor is fixed at 20,000 livres.

TITLE XII.

OF THE 'LEGISLATIVE BODY.

Si. The Legislative Body is composed of Seventy-five
Members, of thirty years of age at least, chosen by each De_
partnient according to its population. One half of them are
to be taken from tee CoHcge.
Bz. It is to be renewed by thirds every two years. The
going out of the first and second third is to be determined by
lot. -
83. The Government convokes the Legislative Body, and
prorogues its Sittings. They cannot, however, be shorter than
two. months annually.
84- In order to entitle it to deliberate, more than one half of
the Members must be present, not including the Orators.

85. The Members of the Colleges, those of the Council of
State, those of the Legislative Council, and the Ministers,
have a right to assist at the Sittings of the Legislative Body,
in the Tnbune appropriated to them.
56. The Legislative Body names out of its own Members, a
Chamber of Orators, the •numlser of whom must not exceed
fifteen. Every projet of a Law transmitted by the Covent-
nient is communicated to that Commission.

87. The Commission examines it, holds privateconferences
with the.Counsellors of Government, and -communicates to
the Legislative Body its approbation or rejection. -
88... The Projet is discussed in he presence of the Legisla-
tive Body by two Orators, and two Counsellors of State,
89.-The LegiSlative Body decides,. without discussion, by
-a secret ballot, and according to the absolute majority of
suft'wes t the Orators' hve no vote.
90. The Law is protnulgated by 4the Government, three
days after the decision of the Legislative Bddy.
91. During the interval, the. Law may be protested against
as uncotwilational. • •

gz. The Protest suspends the piomulgation and effed of
the Law.

• .
w. The Salary of the itlefnbt-,rs'of the Legislative Body is
fixed at 6000 livres Of and that of the Orators at 9000.

XTIL

OP THE TRIBITNALS.

117. Every inhabitant of the Cisalpine territory is free
with respect to the particular exercise of his religion.
• itS. An arrest, without the order of a competent authori-
ty, is null, unless the delinquent be apprehotdad nit a fla-
gratit crime ; but rho arrest may afterwards be rendered legal
by a competent a.:~i:ority.

x 9. The Republic recognizes no privileges for, or impe-
diments to Industry and Commerce, both eXtetnally and in-
tenally, but those founded in law.
120. There is, throughout the Republic, an uniformity of
weights, measures, coins of civil and criminal laws, and the
elementary system of instruction.

izr. A National Institute is charged with conedint; disco-
veries,-and bringing,to perfection the Sciences and the .Iris.
122. A National Exchequer is to regulate asd ascertain
,the accounts of the revenues and expences of the Republic.
It is to consist of five Members, appointed by the Colleges ;
one of whom is to resign every two years, but is to be re-
eligible.
523. The Troops who teceive pay are to obey the orders of
the Administration. The National Guards arc subjed only
to the Laws. .

, •
124. The Public Force, by its very nature, must obey.—
No armed body can deliberate.

125.' All the Debts and Credits of the Ancient Provinces,
now the Cisalpine, are recognized by the Republic.
126. Every purchaser of National Property, at a legal
Sale, cannot be disturbed in the possesion of it; but any
lawful Claimant is to be indemnified by the Treasury of the
State. _

127. The Law assigns, on the National Property not sold,
a sufficient Revenue to all Bishops, Chapters, Seminaries,
Curates, and for Church Repairs. This Revenue cannot be
otherwise applied. - •
rzB. The Cunsulta may.at the end of three years propose
any'alterations in the Constitution it deems necessary.

Citizen Mariana rose and explained the spirit of
this Constitution, and all the advantages that
would accrue to the State from it, and its excellent
application to the wishes and interests of every
territorial division of the Cisalpine. He declared,
with much energy, that it was absolutely necessary
that every part of the Republic should lay aside all-
local prejudices to form but one nation.

BREsT, JAN. 24.—The Dutch Division which
left Flushing, and put into this .I'W; &es-not, as
some Journals have asserted, consist of three Fri-
gates, but of three Sail of the Line and a Corvette,
.commanded .by Vis:e-Admiral HARTSINK. The
French Frigate Poursuivante, forms part of the
Division. She carries General. FREssrNET, se-
veral Officers attached to the Staff, a DeLieliment
of the 7th Demi-Brigade, and two Coniranies of
Artillery.
The 66th Demi-brigade of the Line is arrived
here to be embarked.

Early .on Thursday se'nnight, • as two Oficer3 of
Excise,. at Norwich, assisted by two private soldiers
belonging to the 3d Regiment of Dragoon Guards,
were conveying to that city.six horses and fire carts,
with a large quantity of smuggled geneva and
baccii, which they had seized tram Hcnry smith, on
Cawston.Heath, Norfolk, they were violently as-
saulted, soon after passing' through the village of
-Orsford, by upwards of thirty men unknovn, armed
with blunderbusses, guns, pistols, and other weapons,
who immediately fired upon them; beat Ind much
"bruised one of the officers, wounded a sci,dier, and
rescued two horses and carts, and part of pegeneva.

In this aftion, which'was tried at the Sittings at
Westminster, after Michaelmas Term, 1779, the
Plaintiff, Captain Joseph Wall, recovered of Go-
vernor M'Namara, a verdia, and ioool. damages
for false imprisonment. In. January, 18oz, he was
hanged for murdering a Soldier under his command.
These are very peculiar coincidences. The topics
in Lord Mansfield's Address to the Jury,. bear a
singular analogy to the points on which that very
person was
_executed zz years after lie had obtained
a recompence in damages from British Justice for an
outrage, in a certain, degree similar to that for which
he suffered.

When men of ability devote their time to public
good, .it. is reasonable to,hope that a remuneration,
suited to the advantages reaped from their experi-
ence, will be .the result.' This has been happily il-
lustrated in the case of Dr. Solomon, :If Liverpool,
in the 'extensive sale which the Anti,lmpetigines
and Cordial Balm of Gilead have experienced, and
incontestibly prove that they are the best Medicines
ever discovered for those disorders which. are now
become- so prevalent in this Kingdorn,- and which,
for a length of time, have baffled the skill and efforts
of 'the Most eminent Physicians—we mean Scrophula
and CotisuMption". These Medicines have stood
the-test, and answered the expeentions not osily of
a long private practice, but als6 of those who, had
recourse to them since their being made public for
universal good. •

SIIIP NEWS.

POOLE, FEB. 3.

Arrived—the Charnont, Alterman, from Newfoundlanai
Swift, Walters, from &stun.; Betsey, Harvey, from Cher-
bourg ; and A6tive' Williams, from Portsmouth.
Sailed- the Zephyr, Barry,
,for Limerick ,• William, Sy-
monds, for Lisbon; and Hope, Stikens, fur Lymington.

GRAVESEND, FEB. 3.

•
Sailed—the. Dispatch, Harry, tOr Cork; Hope, Barrett,
For Oporto ;, Adamant, Spatter, for Cadiz ; Jonge Ahel,
tot Amsterdam, and Twe Gesusters, for °Stead.