The Sun.
London, England, 1832-07-17 00:00:00

LONDON, TUESDAY EVENING, JULY 17, 1832.

DRAMATIC COMMITTEE.

(From the Observer of Sunday.)

As we mentioned in our last, the labours of
the Committee on Dramatic Literature have
this week been closed, after the examination of
witnesses had been continued on Tuesday and
Thursday. We will first advert to the deposi-
tions of the additional witnesses (as the repre-
sentation of those depositions has reached us),
and afterwards say a word or two as to the pro-
bable result of the investigation.
It is known that Sir Richard Birnie and Mr.
Halls refused to convict on an information by a
Major against a Minor Theatre, on the ground
that no sufficient evidence was produced by the
accusing party to show that the Minor Theatre
was not licensed. Lord Tenterden subsequently
overruled that decision, laying it down that the
person charged with being proprietor or manager
of a theatre was bound to prove that he had a
license, or to submit to the conviction. Mr.
Halls was called on Tuesday, and he seems to
have staggered the Committee by asserting that
were a similar case again brought before him, he
should decide it in the same way, not knowing
what evidence the Chief Justice of the Court of
King's Bench had before him to produce a con-
trary opinion. This objection on the part of
one magistrate would, however, probably not be
made by others who had no previous determina-
tion to support, and it could not apply to the
prosecution of actors : besides, Mr. Halls him-
self said, that all he required to show that a
theatre was not licensed, was the attendance of a
person from the Lord Chamberlain's-office, to
state that no permission was found registered in
the books there. Mr. Halls, like everybody
else, admitted that the state of the law required
amendment, in order that it might be duly en-
forced. There have been only two witnesses
before the Committee who were for the abroga-
tion of all law : one was Mr. Davidge, of the
Coburg, who seems to act upon this opinion ;
and the other, Mr. Place, of Charing-cross, who
is married to Mrs. W. S. Chatterley who has no
engagement at either house. He was produced
on Tuesday, and among other things contended,
that theatres ought to be made the means of po-
litical excitement, or at least that there was no
objection to their being so. When he con-
tended that the Great Theatres were deserted be-
cause they had built out the public by their un-
bearable and unseeable dimensions, he was more
reasonable. When he had concluded, the room
was cleared of strangers ; and some expectation
was felt that the Committee would order the evi-
dence of Mr. Place to be expunged : but those
who wished it (and none wished it more than
the true friends of the Minor Theatres) were
disappointed. The rest of Tuesday seems to
have been occupied in hearing two country
managers—one Mr. Raymond, from Liverpool,
and the other Mr. Wilkins, from Norwich—on
the question whether Provincial Theatres could
afford to pay authors a small sum for the pri-
vilege of representing their new plays, after they
had been produced in London. Mr. Raymond
thought they could, and Mr. Wilkins that they
could not : but Mr. Planche showed, that under
existing circumstances, they need not ; inas-
much as, if a piece were not printed, a country
manager could get a MS. copy of it, by bribery
for two guineas, and he would not, therefore, be
disposed to give even so small a sum as 51. to the
author for his permission.
The proceedings on Thursday were of little
interest or importance. Mr. Morton (praising
the bridge that carried him safely over), through
thick and thin, on his second examination, ad-
vocated the cause of the large Patent Theatres.
We use the word " advocated," because unless
we were misinformed, one of the witnesses, late
in the day, actually complained that Mr. Mor-
ton had rather appeared as an advocate than as
an evidence. Kenny told a long story of the
manner in which he had been, as it were, tricked
out of his Masaniello, for which he had never
received a farthing from Drury-lane, although it
had been played there nearly 200 nights. For his
Irish Ambassador 701. were yet due from Co-
vent-garden, although the management, since it
was produced, had contrived to pay 6001. to
Miss F. Kemble, and nearly as large a sum to
Mr. Knowles. His was a case of extreme hard-
ship, arising in a great degree out of the evils of
monopoly. We are told that it was not a little
droll, on Thursday, to see Mr. T. Moore, of
Bond-street, step forward on behalf of the Major
Theatres, and assert his entire disinterestedness,
although he admitted that he had advanced
sums of money to Mr. Harris, the proprietor of
Covent-garden, whose property he considered at
stake in this question. He could not be pre-
vailed upon to tell the Committee how much
lie had advanced to Mr. Harris on the faith of
the patent. The business was wound up by the
examination of Mr. Elton, an actor at the
Surrey, who seems to have given his evidence in
support of the Minors in a highly creditable
manner. He has been for some years endea-
vouring to get an engagement at a winter theatre ;
but his applications were usually left unanswered.
We venture to prophesy that he will not be
much longer absent from either the one or
the other patent house—if patent houses they are
hereafter to be called.

The Committee will reassemble on Tuesday
to consider of their Report, one point of which
we take to be quite clear—viz., that they will
recommend that a right of action should be given
to authors for the recovery of a penalty, if their
pieces are represented at country theatres with-
out their permission. The Committee will
also probably suggest the classification of thea-
tres, as in Paris—the line to be kept by each
being strictly and clearly defined. We do not
suppose (speaking, of course, merely from con-
jecture) that any of the Minor Theatres will /I,
allowed to represent the " legitimate drama ;
at all events, as far as regards the bygone pro-
ductions of the stage. Actors will then be sub-
ject to no penalties, while the law will be ren-
dered, as far as possible, clear and certain. It
seems likely that the authority of the Lord
Chamberlain will rather be extended than re-
strained ; and very few indeed are of opinion
that the pieces to be played at Minor Theatres
should be exempted from examination, either by
the Licenser, or by a Board appointed to decide
upon their fitness for public performance.

A remarkably fine sturgeon was caught in the
r Towy on Monday week, weighing 1581bs. and Enea-
sur,ng 8 feet 6 luebes.....Cambrian.

SECOND E
SUN OFFICE, Seven o'Clock.

IMPERIALPARLIAMENT

THIS EVENING.

HOUSE OF COMMONS.

On the motion of Alderman WOOD, the City of Len-
don Police Bill was read a third time and passed.
Sir G. SKIPWITH presented a petition from the Lea-
mington Political Union, in favour of the Bill for the Re-
gulation of Infant Labour in Factories.
Mr. DIXON presented a petition from the Society for
the Diffusion of Knowledge at Evesham, to the same
effect.

Lord HOWICK presented a petition from the work-
men of Manchester, praying the House to afford the means
of emigration to such poor persons as were desirous of
emigrating.
On the motion of the ATTORNEY-GENERAL, the
Bill to abolish the Court of Delegates, and the Ecclesiastical
Courts Contempt Bill, were read a first time.
Mr. HUNT presented a petition from Manchester,
signed by 9,000 persons, praying for an inquiry into
the Manchester murders, of August 16, 1819 ; also, a
petition from the debtors confined in Horsemonger lane
gaol complaining of their treatment. They complained of
bad food, of being locked up from eight o'clock at night
until seven o'clock the next morning, during which time
they were even deprived of water, and they complained
also of the visiting Justices never attending them to
learn if they had any complaints to make.
Mr. BRISCOE vindicated the conduct of the visiting
Magistrates, who he had every reason to believe visited
the felons and debtors once a month ; as to most of the
charges they were perfectly knew to him, but he believed
they would be found to be groundless; however, he would
this very evening visit the prison, and make the necessary
inquiries.
The petition was then ordered to be printed.
Mr. HOWARD presented a petition from the church-
wardens and overseers of the poor of the city of Carlisle
against the Vagrants Removal Bill. The Hon. Member
trusted the Hon. Member for Nottingham would not press
his Bill.

Mr. BLAAIIRE supported the petition
Mr. WALKER presented several petitions from pa-
rishes in Tipperary and Wexford, in favour of Reform,
against tithes, and in favour of the Government plan of
education in Ireland.

Mr. RUTHVEN presented a petition from Newry,
praying for an alteration in the Boundaries Bill, with re-
spect to that place. The Hon. Member gave notice that
on Tuesday next he should move a resolution for the
adoption of the House to the effect that it was expedient
to appoint a Committee to inquire into the state
of Ireland, that that Committee should sit at Dublin, as
the place best calculated for the production of evidence for
the better management of the affairs of that country.
Mr. GORDON presented a petition from Kilmore, in
the county of Cork, against the Government plan of
education in Ireland.

Mr. O'CONNELL presented two petitions from pa-
rishes in Limerick, praying the House to adopt measures
for the total abolition of tithes. Also from the
National Political Union complaining of the oppression
that Ireland was at this moment suffering from
bad laws, and praying the House to give that country
a Reform Bill equivalent to the Bill for England. Also a
petition from Kilkenny, complaining of the difficulty of
registering freeholders, and praying the House to adopt
measures to relieve it. The Hon. Gentleman then pre-
sented a petition from the Law Society of Dublin, against
the Civil Bills Bill, and he gave notice that if in Parlia-
ment next session he would being forward a motion to
abolish all objections to witnesses on account of interest.

On the motion of Mr. EVANS the Lords' amendments
to the Corporate Funds Bill were agreed to.
Mr. KENNEDY gave notice, that if honoured with a
seat in the next Parliament, he would bring forward a
Bill to amend the law with regard to entails in Scotland.
Mr. HUNT gave notive that on Tuesday, the 24th
inst. he would move for an account of all fees paid to the
First Lord of the Treasury, the Chancellor of the Exche-
quer, and others, ou account of the Sinking Fund, and
all monies paid to the Archbishop of Canterbury, or others
for printing prayers on the subject of the cholera and
fast days.
Lord ALTHORP said a few words on the first part of
the motion, but in a tone so low as not to reach the gallery.

Captain GORDON seeing the Hon. Gentleman, the
Secretary for Ireland in his place, wished to ask him a
question. He had seen it reported that a very large meet-
ing had taken place on the subject of tithes at Balhncal,
where upwards of 200,000 people attended, and at which
it was said a deputy lieutenantof the county presided. He
wished to ask the Hon. Gentleman if that was true, and
if so, what steps had been taken on the subject.
Mr. STANLEY said he also had seen the report. The
Gentleman alluded to had been called upon to offer some
explanation both as a Deputy Lieutenant and as a Magis-
trate.

Mr. O'CONNELL said that the meeting was held for
the purpose of petitioning that House—a perfectly
legal purpose ; he was not aware of any law to prevent
them. The meeting was certainly attended by a very
large concourse of people, but every thing had been quiet,
and though the day was very warm, nothing but water
had been drunk.

Lord JOHN RUSSELL presented petitions in favour
of the Government Plan of Irish Education, from the
general body of the three denominations of Protestant Dis-
senters in London and its neighbourhood; from the Clergy
of the same body ; and from the Deputies appointed by
the congregations of the same sects.
Lord INGESTRIE was anxious to know whether the
Hon. Secretary for Ireland intended to bring forward any
estimate relating to the Kingston Harbour during the pre-
sent Session.
Mr. STANLEY said be did not intend to do so at
present. There was a large sum of money in the hands
of the Commissioners unappropriated, which would prevent
the necessity of doing so.
Lord INGESTRIE wished to ask a question of the
Noble Lord opposite (Lord Althorp), in the absence of
the First Lord of the Admiralty. He saw it stated that
when Don Pedro landed at Oporto, one of his Ma-
jesty's ships of war, The Stay, which was there,
saluted him. He wished to know whether this was cor-
rect, and whether the officer commanding that ship would
be borne out in such conduct by his instructions.
Lord ALTHORP said he was not aware that Govern-
ment had any notice on the matter. The ships were
placed there for the protection of British commerce, but
he did not believe that they had or would salute Don Pedro;
—no instructions to that effect had been sent out.
Mr. D. W. HARVEY was then called upon. He
said he had been informed since he came into the
House that Government did not mean to oppose
the motion of which he had given notice for t
night, which would prevent him from going at any
length into his grounds for bringing it forward. He would
therefore simply move that " An Address be presented to
his 'Majesty, that he will be graciously pleased to direct the
Commissioners appointed to inquire into the state and
practice of the law, to examine into the course of pro-
ceedings before the Benchers and Visitors of Lincoln's
Inn, Inner Temple, Middle Temple, and Grays Inn, upon
the application of persons seeking to become students
thereof or to be called to the bar, and to report the evi-
dence thereon, with any special circumstances, to this
House." If any opposition were offered to the motion
by any of his Learned Friends, he hoped the House would
allow him to explain himself at a future stage.
Mr. HUME seconded the motion.
Mr. O'CONNELL would support the motion, but
wished to be informed by the Hon. Member for Colchester
whether the facts stated by Messrs. Young, Reid, and
Dixon, had been offered and rejected in evidence by the
benchers alluded to.
The ATTORNEY-GENERAL was inclined to sup-
port the motio❑ now, although he had upon a former oc-
casion opposed it, on the ground that the question then
had been mixed with personalities. He was anxious also
that the questio❑ which the Hon. and Learned Member
for Kerry had put should not be answered, lest it should
lead to discussion, ex-parte statements and altercations.
It was better that the subject should go without prejudice
to the Crown, and as a matter of discussion before the
commissioners who were inquiring into the state of the
law.

Sir C. WETHERELL wished to know whether any
evidence bad been ad limed of the improper exercise of
discretion which had from time iraniemorial been vested

( PRICE 7113.)

in the Benchers as to the admission or rejection of Stu-
dents. He was a total stranger to any such complaint ,
and it was unfair, unnecessary, and dangerous to super-
sede their discretionary power, which had, he knew, been
always exercised honourably, without proving that it had
been exercised arbitrarily, indiscreetly, and improperly.
The principle of such an interference was exceedinv i)
dangerous, and he would take the sense of the House upon
the motion.

Lord ALTHORP said, there was no analogy between
the present motion and that which was discussed on a pre-
vious occasion. In the present instance the object wa-
merely that the Law Commissioners should be instructed
to inquire into the subject, while they were inquiring ilao
the practice of the law—and he was of opinion that such
an inquiry was desirable. Under those circumstances, be
did not feel it his duty to oppose the motion.
Sir F. BURDETT said the present complaint was a
very serious evil, for the Benchers, from any motive open
which they chose to act, could put an extinguisher
a young man's prospects, no matter how talen'ed
and how honourable his conduct might be. As for the
privileges of these Benchers. which they had possessed, it
was said, from time immemorial, they possessed nine, not
being a chartered body. The question stood thus—was it
advisable thit any set of persons should interfere to prevent
a young man who had been educated for that purpose at a
great expense from followingan honourable profession. The
party was, as it were, ruined by a secret inquisitioe,
which was most dishonest—for they took his fees as a
siudent, and at last refused to admit him to the bar. That
was a proceeding wholly unconstitutional and illegal, and
the exercise of such a powhr was tyranny. The Hon. Bart.
the case of Mr. John Horne Tooke, who was rejected by a
majority of one on applying to be admitted, and al-
though he was assisted by that eminent lawyer Mr. Dun-
ning, he could find no redress. This was contrary to the
first rule of the English law, which stated that no injury
should go unredressed, and it ought to be remedied by a
legislative enactment.

Mr. POLLOCK thought the observations made by the
Hon. Baronet tended to provoke discussion, which
it might be as well to avoid. He, however, freely
admitted that some inquiry was necessary, and that
many of the practices ought to be corrected. He, truster,
however, it would not go forth to the world that the
proceedings of the Benchere of the different Inn■ of Coin t
were consucted on tyrannical principles. With respect to
the particular case of Horne Tooke, which the Hon.
Baronet had referred to, the reason why he was not ad
mitred to the Bar, was because he was in holy orders.—
He thought it fit that an inquiry should be instituted as
to whether any better plan could be adopted.
Mr. CAMPBELL did not think any benefits could
result from an inquiry, as far as regarded calling Students
to the Bar.—(Hear, hear, hear.) But with respect
to the practice of admitting students into Inns of Court,
if any Honourable Member would introduce a Bill to
amend it, he should Lave his cordial suppport. It
was true there ought to be some rule by which
Students were admitted Members of the Inns of Court,
but in bis opinion every man of fair character was entitled
to that privilege.
Mr. C. FERGUSSON could not agree with the Hon.
Member for Stafford, that no good would result from
a Parliamentary inquiry.
(LEFT SPEAKING.)

THE LONDON GAZETTE

THIS EVENING.

inted Henry Wait Hall, of
LL, JULY 7,
Macliter Extraordinary in the High
LordßristoCl,h aaneenetWl.l,otHrohlbTaesEaaHpAp
C
cotTuYhrotefof Chancery.

WHITEHALL, JULY 10.
The Lord Chancellor has appointed James Eldridge, of New-
port, in the Isle of Wight, Gent., to be a Master Extraordinary
in the High Court of Chancery.

FOREIGN OFFICE, Juts- 17.
The King has been graciously to appoint the Hon. Henry For,
sometime attached to his Majesty's Special Mission at Brussels,
to be Secretary to his Majesty's Legation at Turin.

WHITEHALL, JULY 14.
The King has been pleased to direct letters patent to be passed
under the Great Seal of the United Kingdom of Great Britain
and Ireland, conferring the honour of Knighthood upon Colonel
David Ximines, K.C.H.