The Sun.
London, England, 1817-11-10 00:00:00

FlifiNGH. PAPERS-.

"PAkis, Mass -the "King 'held a
'Count Chdbrol,',UutlerSetretary of StAte,
'athi the Pretsident of the Chatubr of Cbuiritetee,

of LyoliB,

Yestelitay, at eltven o'elbek, the differentVec-
tions ot the •Coooeil of State were assembletl•ht
the Chiincellot's, by Order Of the `Keeper of the
Seals, to discuss the prileit,ot the laiv On the 're:
*erititmeht ot the Army. `l he Minister at 'War
was pre-sent.

The ensfihrg Session of 'the Clihnibir Of Dep.
-tic, is to taken* up by the iiiscussion of sub-
jects or such bigh importatice thitt tlie event.' is
fiktt;ail en 14r with as much itOciety.by fOreigneCs ac
by Frenchmen. Traits Jou'rna'l has
given the TollOVving .of those points which are
to be brought under the Consideration of the
'Chamber

1. The new tludget ;—the first 'Bankers of the
Capital have assisted Count Corvetto in drawing
it up. The discussion on this bead will derive pe-
culiar interest from the reputation of the new
financiers nominated at the last elections.

2. 'file new 11ilitary Organiiation,"and parti-
cularly the law respecting the recruiting of the
Army.

;
3.1 e State of the French Church, the Sane
--
lion of the Concordat, and the Endowment of the
new At chhishopricks and Bishopricks.
4 A definitive Law on the Press, by which no-
thing will be left to arbitrary power, and its licen-
tiousness restrained with Ont •compromising its
liberty. It appears that Government does not in-
tend to-give up•the censure of .the Journals,
5. A new System of Public Instruction.
6. A Law.fix*nig the responsibility of Ministers,
so as that the Articles Of the Charier on this sub-
ject may be carried into execution. •
7. The astribations 431 the Court of Peers in
causes in which it constitutes itself a 'Supreme
Ttibutial, confotmably with the Constitution.
8. The mainiaining, or the abolition of the
iengforat'y regulations, by *ilia the action of the
Constitutional Laws has been suspended.
9. A Law on the Prevotal Courts, which are to
be abolished on the Ist of January, 1818, if not
maintained by a new law.
IQ. Changes Which have long been in contem-
plation•if) the Judicial System, such as reducions
in the Courts of Appeal, and some modifications
in the Tribunals of First Instance.
I I. /thermions in the Penal Code.

12. A revision of some articles of the Civil
Code, concerning the civil rights of citizens, the
power of patents, and divorces.
13. A nt,v code of lturAl Laws.
, VAR's, Nov. 6.—Yesterday the King went in
State to open the Session'of the Chambers.
- His Maiesty was received at the bottom nf the
staircase by the Deputation **l the two Chanihers.
A tivr rrposing•a his apartment,
his Mojesty proceeded into I he•Chanther of Peers.
The King plqeed- himself on his Tnrone:'having
on his rif,ht Monsieur, on his lest the Duke tle
Bet ry ; the Dole Of Orleans was on the right of
the King, beyond 'Monsieur.
The Peers Were plaeed according to their rank,
on benches in the space to the right of the King,
soil the Deputies on. benches in the space to the

The Duchess d'Ar4tottleme, the Duchess de
Berry, the Duritesg-titOH vans, the Duke de Cha:.-
tVes, and Alademoielle Orleans, occupied a tri-
bune fronting the Throne.
The Assembly on the .Kiug's entrance 'stood
Uncovered. The 'King, gave !he word to the pee"
to be seated ; avid the Chancellor, in the name ot
his Majesty, gave permission to the Deputies to
be seated.

The King delivered the following Speech :-
111":sstEuRs—At the opening of the last Ses-
sion, I spoke to you of the hopes inspired by the
!‘iiringe of the Duke de Berri. Though Provi-
dence has too suddenly withdrawn the gift it be-
siOwed, vet we behold in it assurances of the fu-

tore acconiplishment of our wishes.
" The Treaty :with the-Holy See, whiCh 1 mai-
nlined last year, has since been concluded. I have
desired toy Ministers, in communicating it to you,
to propose the projet of ,a law, necessary to give
the legislative sanction to such of its conditions
as may be sosceptible of it, and to make it in uni-
vitt with the Charter, the Laws Of the Kingdom,
and those Privileges of the Galtieati Church, the
precious inheritanee of our fathers,' of which St.
Ltmis and all his successors Were no lesS jealous
than of the happiness of their subjects.
The Harvest of ISI 6, by its deficiencies, frit",
treed, to a great. degree, 'my hopes. The stiffer
ins of my people have afflicted my heart. I itase,
lio fer,beheld with emotion, that almost every
where they have minted them with a degree of
touching fortitude : and if, in some placei, they
have' broken Out into seditious acts,' Order was
snot! re-established. In order to mitigate the
misf,irtuites of that period, I have found it neces-
sai y to make great efforts, and extraordinary pe-
cutilary sacrifices. 'Yhe details will be presented
to you, and the zeal with whiCh yon ate Hui-.
mated for the public good will not permit me to
doubt that these unfortunate expellees will have
your sanction. The harvest of this year is more,
satisfactory.; hut on the other hand, some local
calamities, and the blights which have fallen
upon the vineyard,,,exc;:e my paternal solicitude
for privations, which, without yourcu-pperatioil,
I cannot relieve.
"•1 'have .so;dcred that the budget of the current
charges :1,01.14 be sitionitted to you:. 11 the ex•
pri•ces resulting from treaties, and from the de-
plot-A.oe_ war they-hare terminated, will not per-
mit imy immediate dintinnii•oi of the taxes voted in
preceding Sessions, 1 have at least the satisfaction
of thinking, that the economy 1 have prescribed
will Keelude the necessity of any augmentation,
a nd.that a vote of credit, inferior to that of the
last 3ession, will sufftee-tor all the'w-atits , of- the
-
" The Conventions which I sigi\ed -irt 1813,
presenting results which conld not the,ri i e fore-
st.:co, have rendered a new negocietion ecessary.

,Every thing leads me to hope, that its issue 'will 1?
tavoto able, nod that conditions far above our
means, will be succeeded by otherS more cop.•
formable to equity, to :moderation, and to the
possibility of sacrifices, which toy people support
with a constancy that can add nothing to tnytOve
for them, but which give them new claims to illy
gratitude, and to the esteem of all nations.
."
Thus, as I had the happiness of annotmeint;
to you iu the course of last Ses3iun, the expitniirs
arising triint the Army of oceupation are dimi.
dished a fifth, and the period is •not far distant,
when We may be permitted to hope, thanks to the
wisdom and etteigy of my Government, to the
Inge and oiliiilvoce of toy people, and t
friebdship of thy Allies, that tliti,e expeova tWll
-
entirely cease, and that our country will resume
among nations, the rank and renown dot to the
valour of Frenchmen, and their noble character
iu adversity.
" To attain this end, I shall rtiore than ever re-
quire a unanimity between the people and the
'throne; that vugour, without which authority is
powerless. In' :proportion as that authority is
strong, !rill he the diminished necessity of its be-
coming austere. The manner in which the deposi-
tories of toy power have used, what the laws' have
entrusted to them, justifies my confidence. How-
ever, l feel great satisfaction iu announcing to
you, . that I do, . not consider k requisite to
continue -the Prevotal Courts beyond the term
fixed for their 'existence by the law which Created
them.

" 1 have digested, conformably to tile Charter,
a Law for recrui:ing. I wish 'that no privileges
shotrldbe sought, that the spirit and dispositions
tif that Charter, our true cotepass,:which-calls all
Frenchmen indiscrimately to offices and employ-
nients, should n it be illn,ory, and that the soh:ier
should find ito other limit to his honourable ca-
reer, than those of his talettts and of his services.
If the exectitiol of this salutary law should de-
mand an augtnentation in the Budget of the War
Minister, you, as the interpreters of the sentintents
of my people, will not hesitate to sanction ar4
rangements which secure to France that inde-
pendence and that dignity, Witilottt which there
can he neither King oar Nation.
" have.detailed to you our difficulties, and the
measures they will requite ;, in conclusion, I shall
direct your attention to objects of a more engag-
ing description. Thanks to the. peace restored to
the Church of France; that ett..rnal
basis of all felicity, ,even on earth, will, I doubt
not, flourish. amongst us ; tranquillity acrd cooti-
deuce begin to reappear; public credit:is strength-
ening itself ; agriculture, commerce, HMI in-
dustry, resume their actiti y ; new master•
pieces of att excite admiration. One of my
children is traversing, at this moment, a part
of the kingdnin, and itt return 'fur sentiments so
deepl y eng raven on his heart,and manifested by his
conduct, he is every where gieeted with benedit=
ionstions;•witiie I, who have but one leding, the
11.11;11bn:3s' of my people—who ant desitotts, tor
their good alone, of that .authorily which 1 shall
defend from all attacks, of whateve. kind, I ktmiit
that 1 and beloved by theta, and I find in my heart
the assurance that this cOnsolation will never be
denied to me." •

The Speech being finisitedi the newly elected
Deputies took the oath in the presence of his
Majesty.
The Chancellor declared, in the name-of the
King, that the Session of the two Chambers tor
1817 was opened, and each of them were desired
to assemble on Saturday the Silt instant.
flis Majesty descended from his Throne, and
retired with the same .forms as on his•entrance.

Salvoes of artilli!ry tintuqmeed.theKifyg.sdepar_
tore from, aittl his return to, the Thttil(cries.

. Marshal the Doke. of Ragusa is expected to re-
turn to Paris immediately.
The Prevotal Court of the Rhone at Lyons ter-
minated, on the 3d instant,. the trial of the con-
spirators. Vet nay is sentenced In death, but re-
comtnended- to mercy ; eleven are sentenced to
different terms of imprisonment and surveillance,
and Madame Lavalette and the rest are set at
liberty.
BRKLI+I,•OCT. 22.—Several diplomatic persons
have arrived here, amont:st others the Count de
Salda»ba, Minister Plenipotentiary from the Court
of Braid to that of Paersborgh, who is returning
from the latter cap:tal, and proceeding, it is said,
to Lisbon. There are several reports in circula-
tion respecting this journey.
Lunen OCT. 23.—The opening of the Nor-
svegian Diet is postponed till the month of
February.
VIENNA, OCT. 22.—1 t is again stated, that the
Allied Monarchs will assemble at Spa its the course
of the next SIMMICV, and it is 'added, that Lora
Caslereagh am,l the Duke of ‘Vellington will also
be present.
TrzNxa, Oc-r.• 25.—1 t is said, that the l'rince
of the'Peace, w'bo has hithertO resided at Rome,
has requested permission from our Governmeut to
purchase estates in. Austria, in order to reside
there.

FRANKFORT, NOV. } .—lt is now known with
cortainty thit the military affairs-or the Germ:vile
Confederation. are• to be arranged at the Diet.
Plenipotenfiaries from the feat Courts
of Germany ave expected at Frankfort. General
de Sleigentesch, the Austrian :Military Plenipo.
tent iary, is expected at Frankfort about the 10th
instant. The Prussian Plenipotentiary is _ also
appointed.

ALARMING FlRE.—This morning, about two
an alarming fire .broke out it the house
of a hosier, in New-street,-Covent-garden, which
it entirely destroyed, and tuaterially damaged the'
tiro adjoining. ones ; but by the tinhrly atriva) of
the engines, awl a -plentiful
_supply, of xvater, it
was speetiilyext:ng-uished.

INSANITV.--• An Inqui,ition was
taken a: eight o'clock on Silttlrda‘. night, hjore
liuGh Esq. Coroner, at the Bag o 1 ;galls,
corner of:Arabella-row, Pimlico, on the body of
Mr. Nathaniel Nody (not Nodup), Nvhose death
was caused by his shoptiog himsclt with a pistol
through the belly.—The Jury returned a verdict
of---cc Died from his own act, ti ch was C01111111:-
tcd when he was in a state of tenyoral y ium."

LAW .It"i'EL.LiGL\GI.

• •
`COURT (')F KINCA Soy. S.

I,IBEItTY :;PE.F.A.;Ii AT 41-1 E
OnGsi-A V. Ez;tl.

The iliaintiff,.wto is Attorney :01 I iljg. Co':rt,
brought the lirese`nt againt Mr.SCarlett for
slarkleron's spAen l';'y him in the course cif
a cause in whfeli he '‘'Vils the Notthern
.The Iriai or:the l'n'esent Snit was half
before i‘tr. ligon,'W6rils,, at the la•t Assie,for
LaneSt'ers, the tietendAnt the gviiei•al
i,sue; )vhen the plairitiff, the 'direction Of the'
Learned judge, was tionsuitett.•

M. RAINa now nvived for •Pi title itis!,- to set
aside the nonsuit, and to obtain anew trial, ob-
serving, that the tplestion. involved in thiS pto-
ceeding was one of the utmost 'consecrence to the
Liar and to the Public. Mr. Scarlutt had been
Counsel for the defendant in the cause of Norris
a. Cortnick, tried at the last Spring Assi2es, the
present plaintiff being Attorney on the opposite
side ; and the complaint was, thit Mr. •Scarlett
.applied slanderous words to the cOn.duct Of Mr.
Hodgshall, not called for or warranted by the fact
nrprools in the case, though, as Mr: 'Haim ad-
mitted, with reference to it : 'the words were,
" Mr. Peter flodgshall is a fraudulent and wicked
attorney." Mr. Hotigsball in consequence brought
his action.; and at the trial, after the opening of
his Counsel, Mr. Baron Wood Intel posed, ob-
serving,, that the proceeding was of a nature so
novel that he would not'give his sanction to it ;
and without hearing any part of the plaintiff's
evidence, ordered a nonsuit to he,entered ; add-
ing, .that if such suits were encouraged, multi-
tudes of them would he commenced by• parties
vindictive feelings had been excited; and
ninch time would he wasted in ascertaining ,whe-
thcr a Counsel in zeal for his client- had or had
not exceeded the limits to which he ought to he
conkued. Among other things ihe Learned Judge
assintilated the speeches of advocates to speeches
in ?Alaimo, each being privileged ; and con-
cluded by retuat king, that though the expres-
sions charged against Mr. Scarlett on the record

might be too severe, and probably were so, he
held the action to be not maint.donble. The
Learned Counsel, in moving for a new trial, con-
teinkd for a clear divinciion between the words
used by Counsel and words Token in either
House of Parliament : the latter %vete undoubted-
ly nut cognizable" in Courts of Common, Law
the publication of speeches in Parliament was a
high breach of privilege, as was settled in the
Celebrated case of Lord Abingdon). it was other-
wise with words spoken by Counsel in Counts of
Justice, for the p; ism) using them might be either
civilly or criminally responsible : the coo pitrison,
therefore, %rid unfounded. lie nilnOtted in the
fullest extent that for the proteetion of clients
and theindilie very greatimit ode ought to he
lowed to mdi•ocatel in the discharge of their citify
hot that freedom 61 speech, so' esential to the
dignity of the Bar, mot have its limits, or that
dignity li,otiltt itself he endangered and if those
finals wet e exceeded, the Connsvl vas responsible
for the abuse of his privilege.
Lot d Eti.Eitr3ottoucti asked it Mr. Baron Wood
nobsuited the plitlittitl immediately after the-opeo.-

Mr. 11..0Nc replied, •that the plaintiff was not
permitted to call a singlc witness, although the
Learned Jodge concluded that the Counsel was in
it situation prove to the .foil extent of his'open-
log. He had laid it down that'swb an 'action' was
not nuintainabie ;.a position which Mr. Raine
apprehended could • not lie supported. In Cr'.
Jae: 90, was to he found the case of Brook v. Sir
Henry Montague, at that time Recorder of Lon-
don, and afterwards Chief Justice of the Corot of
wiich. That teas an action for words ;
and the derendant, a matt most eminent tor his
learning, put a justification to the Record, ad-
mitting thereby that the action was maintainable :
the words were, that the plaintiff had been:ar-
raigned and convicted of felony, and though the
Court in the cud rusolveil that thelistification
was good, yet be wily well the case to show that
such an action might be brought, though the re-
stilt of course Must &pew{ opoir circulustances (I).
Mr. Baron Wood, however, had been prematore
in his conclnsiim in the first instance that such an
action could not be brought.
Lord ELLF.NL&KouGn.—I tlbitik that is the
doubt if the plaintiff's Counsel had gone on with
his case. The defendant, in his capacity of counsel,
might have said only w hat WaS pert inent to the case,
and within the fair warrant of his situation -; but
to assert that what is prima facie calumnious, us
protected by his character of Counsel -merely, is
further than I feel at present inclined to go.
Mr. TorrisTo (for Mr. Scarlett) observed, that
the words 'mentioned by Mr. Raine were only part
of a sentence ; others were connected %vitt% them ;
and, in ordering the nonsuit, the Learned Judger
took it for granted that the idaiatiff could establish
the opening by proof. The slander was uttered
with reference to the facts of a case then pending.

Mr. RAIN,/ admitted the whole of tuts stzte-
ment : he did not mean to represent that the
words " Mr. Peter liodgshati is a fraudulent and
wicked attorney" stood.alone, AS stated in one of
the counts : ill the first, the whole sentence was
thus given :—" Some actions at founded in folly,
some in knavery, and some in both : some in the
folly of the attorney,,—some in the !.:'avery of the
attorney,—some in the folly and knavery of the
parties. Mr. Peter Ploilgshall was the attorney
for the parties—drew the promissiny 'tote—frau-
dulently got Beaumont to pay into his hands lLtlt.
for the benefit of the plaintiff'. This eras one 01
the most profligate things I ever knew done by a
professional num. 11. Jr. Peter Hodgshall is aft au-
dtdent and wicked attorney."
The Como enTiired what ev.i.% the snhicet of the
action in the coot se of which the abo% wffidi w.e!e
spoken, and Mr._ Room answertd hat it was for
staznen's wages, a promissory note being discuss-
ed incidentally.
Mr.Justiee BATLEY, bring informed that it had
been tried before him, lamented' that he had not
brought down his tub:utes of the evidence,

LOU() EL L ti BO !WU G 1-1 . —What evidence had Mr.
13ktruu ‘Vuot) before as to what passed ort the

htt:iiik • wh'etler tht•
words l‘tfre pertill'eut to the matter
nr. atiswer'ed, : the learned Judge
retos'ud to allow hitir gti 'tort') cVidcnce.
LiiM • ELLE s 11.060 11C (night have been:
warraitted iu nothing, the ?Arootol of. the noot.ttlit
matter of ilik.ction to the dory, whet) the ease-
haa•been One through; 'but My appretiensintv lit
preartmi, that the ttims-uit .was.prvm,,lore. •
I(ictimtDio;:t (with TopriNG) sHidi
that it did appear ott the oPenitig,. that the shot-
&thins' words vvet•e spoken in a torater case ; 0.114
the• ground' 'nu whicle•t he Learned' Judge held thf:
netinoto be.not maitstainaltilii was; that it wait
not be tried hi a Pablecrieut cli;c„ whether wordy
fortner Or were not rtlevoky
hi2Catise if that .Wert allowed, it wottid utnotint
a irtrial before.li new JIC y, 'of the fact's' of
forther case, in order to wit:wain the relevancy,
Lf;rtl ELLENEOHOUGI4.—.ItiIink sufficient giottrO
has been laity lot a rule 'to show causeltula
glinted.

Rhine Only react the first tratap.a'ph of the case 10 tit,:
(ibuit; but the. law upon the subject ii su distinctly
and the' case is so curious in itself, that we quote the whole
of it

. .
Broult v. Sir Henry Mrintazne, Recorder of London.—Ac-
thus tor ; for it bat the defenda it 'sOCII ti.phce iii, Stir-
ri!y spoke these word: of the he wis at raitvied and.
itotiritterl:of felony, &e.- The defendant [death t hat the plain-
tiff at another time brought false imprivonnent noipst
one erf the Sergeants of London, who ja,tified by warr,:yr.
Of `sir rNielmlas Muscly, Mayor of London, for arresting Linn,
Its find .i.treties for the good behaviour; and they were there-
upon at issue and found against,the plaintiff, wSir,bl,ll.A.t,
au attaint ; and the d, fondant,. being co:williarigi' et trii(nis•
in lege; was retaineuhtir be of Counsel wit Ii the petty jury;
and in evidence at the trial in Lon-don spui those worth; la
the declaration. And sir justificn. Yelverton and Coheit-
torney-fitneral, were of counsel for tin- defenduot.
The Court resolved that the
,jusiifitation was good: fir a,
Counsellor in law retained bath a privilege to enforce IttlY.
thug winch is informed him by to give it its
evidetice; it being pertinent to the matter in aria!
not to examine whether it be true or false hest it is at "zI4
peril 'of him who informs it : for a Coinasehor is a; his peril
to give in evidence that which Iris client informs him, beit4,l
pertinent to the matter in cpnestion ; otherwise action upon
the case lies against hi.o by his client, as PeTharn said. Bat
matter not pertinent to the issue, or the matter in:question;
lie need-not to. deliver ; for he is to discern in his di'strel lair
what Ine,is to deliver, and what trot ; and although it be fals,q
he is ear useable, being pertinent to the matter; butt if he
.give in evidence any thing not material to the isiue whielt is
scandalous, he ought to. aver it to lie true, otheryrt.i.e fry is.
punishable; fur it sisal/ be intended as spoked maticimm,,,,,.7:
and wiMout coast., which is a goad ground y SI; if '!
a Counsellor object matter against a witness which is Sian-
derous, if there be cause, to discredit his testimony, anal it be
pertinent to the matter .in tptestion,- it is jos.tifiahle what lig
delivers by informiatiori, although. it ho false. So here it is,:'
material evidence to priuve him a person, fit to be bound to hi,
good behaviour and in maintenance of tine first vtruict ; then-4'.
fore his justification is gourd.

Coke stated a cast' where parson Preek in -ft sermon rec,ted-
a story tut of Martyrology, that one Cirrenwoad,llt
a perjured person and a' great persecutor, hart great p:'agi:e4
inilicted upon him,. and was Pilled • by the 'hand (.1 God;
whereas in truth he never was SO plagued, anti was hin‘stlf
present at that sermon ; and had therefore brought ari stet
upon. the ea,e for callin; him a re:ji:T(l person; and the 0,1
fentiant;pleaded•not 'guilty. rt.r,d this matter being tli-elo.ej
upon the evidence, Wray, Chief Justice, drliverert the lasl,
to the,'jttry, that it being delivered but as a story, and no:
with any malice oz, intention to slander any, he was, nut guilty
ld f il1:! WWI'S ; and so IcA3 fw.mrt nit ;;tl;)iy,
nen, G. pi-14, C..) "Jen. u. pl. 34- And Popham alfirm;:d it toi-
hr law, when he delivets matter after his tKe;-:.,not
matter of story, and not with any intent to slander aoy.
herefort for these reasons it wasadj udiced lot the deiendau:. •
Cro; Jab. S-9. •