The Sun.
London, England, 1810-05-30 00:00:00

POETRY.

The fnllowing stanzas were sung on
,Monday last
at thrz2London Tavern,
,on the commemoration of
the Anniversary of the Bitt-h-day pf the late Right
Hon. WILLIAM PITT.

WIZITTEN BY W. T. FIT;GERALD, ESQ.

Though time has soften'd England's tears
For P ITT, fdr ever flown !
And discorciAltives a nation's fears
To rally round the Throtie :
Yet grateful metn'ry sari shall ',pay
A tribute tit his fame ;
And ,ver consecrate this clay,
To PlTr the Patriot's name!

CHORUS.

Then cherished be firs measures here,

:Rever'd his honour!ti tame;
And ever be the mem'ry dear
Of PITT, the Patriot's name !

When anarchy, on every side
R ush'd like a roaring sea ;
PITT stem'd the waves, and turn'd the tide
For England's liberty : ,

True to the-People's real cause,
And.to his monarch just;
He scorn'd to barter for applause
His high and sacred trust.

Chorus.

The lure of interest far above !
He spurn'd ignoble pelf;
And glowing, with his Country's love,
Was careless of himself!

When traitors in dark council sit
To.plot the kingdom's fall ;
They startle at the name of Pr TT-
Detested oy them all I

Chorus.

,For with a flaming brand he stood,
Of vice the dread and hate I

But loird p the wise and good;
ole Star of the State !

Einunib'd kit% s and heroes lie,
The mighty and the brave !
The nun Briton oft Call cry,
" Respect the Patriot's grave." •

Chorus.

ODE

DISTRIBUTED BY ORDER. OF THE COMMITTEE, ON THE

SAME OCCASIQN.

WRITTEN BY MR. TAYLOR.

Though Falion, with her hideous band,
Attempts to shake this happy land;
And act the scenes of Gaul ;
the Friends of Britain still we find,
This day, in solemn league combin'd,
With her to stand or tall.

Yes;—still in Pritain shall be found,
To -that Epoch'S annual round
When Heav'n sent P ITI on earth ;

In union firm, a Patriot Host
With grateful fervour proud to boast
• Their homage to his .worth.

Ilis'King, his Country, he fever'd,
In him no other cares appear'd,
- Warta for the gen'ral weal ;
His wisdorn'turri'd aside the blow
That laid surrounding Nations low,
A Tyrant's Yoke to feel.

and, hence, in vain shall faelious hate
Strive to convulse this happy State,
Where Freedom makes hvr stand ;
The Shade of Purr shall still oppose
Her foreign and domestic toes,
Still guardian of the,land. •

ANECDOTES, OF BUONAPARTE.—BUOIIapatte is so
given to passion, that at times be appears mad. In
his late journey to Antwerp, w hen the Deputation
of Commerce and. Manufacture were introduced, he
abused them in the coarsest way, called them
" Fools, that they did not knoW what commerce
was, that they had deceived him with their pro.,
miser; but to punish them be would build a town
on the other side of the river, plant 6,000 Dutch fa-
milies, and give it such imporiant privileges as would
Cause it to become more famous than Tyre or Car-
tilage," He stopped . the Archbi,hop of Mechlin,
who went to compliment him at the head of the
Clogy, and, aid to him in a great passion, " How
thirst he appear-before him with
bsuch false lan-
guage -e ? that he knew their hearts, and that they
refused to pray for his marriage with Louisa; that
if they had their deserts, they ought to have a stone
tied to their necks, and be thrown into the Scheldt ;-
but if that were done, they Were aussi retes to think
they died mart-yrs.
Letters from Holland, dated the 25thinst confirm
the report of the stridness of the French, in that
quarter. They have begun to seize on colonial-pro-
duce'm Der-trick and other towns, which is ordered

to be sent to. Antwerp to be sold. The wit iter says,
that Amsterdam and Rotterdam pave the appear-
at,ce of a camp ; several of the large buildings have
been convected into stabling for the-horses, and in
all the houses troops are lodged. They seize vessels
coming in, ever in ballast, and the French privateers
are toking every day six.. or seven. vessels, paying no
regard to their liceihes,

Muiltarel were last week so plentiful at /listings,
that the retail price was a shilling for twejve, some
of them weighing nearly two pounds a-fish.,-

The Lottery will be drawn next' week.

It is the undoulted Privilege of everjr Englishman
to do wi-lt he likes with his Money, arid what bet-
ter •can he do than endeavour to gain Independence
by adventuring in what the Laws of the Land sanc-
tion ; as ;ill may be so easily. interested, all are re-
srieft folly requesteAsy,apply to CARTER'S, 8, Char-
jrig-cross Icr lticq,numbers.
1 N. B. ..)6;000 may bezarned by one,Sixteenth.

Lord :Holt differed from the other three Judges,
and thought that. the prisoners ought to be discharg-
ed, on the ground of the Houie of Commons hav-
ing specified a certain act to be a breach of privilege,
which was not so, and thereby " excluded any in-
tendment that they might be committed for ally.
,
other cause than that expressed in the warrant."
—His. Lordship said; " le made no question of the'
power of the House of Commons to commit; they_
might commit any 'man for offering an affront to a
Member, or for a breach of privilege ; nay, they
might commit for a crime, because they might im-
peach."
Judge Powys, in giving judgment,. s tid," it is
objected, that, by Magna Charta, c. 29. no man
ought to be taken or imprisoned but by the Law of
the Land. But to this, I answer, that' lex term is
not confined to the common law, but takes in all
the other laws which ate in force in this realm, as
the civil and canon Law, &c. and, among the rest,
the lex parliamenti. By the 28 Edw. 111. c. 3. the
words lex terree, which are used,in Marna Charta,
are explained by the words, due prOcess of law ;
and the meaning of the statute is, that all Commit-
ments must be by a legal authority : And the Law
of Psrliainent, is as much a law as any ; nay, if
there be any superiority, this is a superior law."
Judge Gould and' Judge Powell answered the
same objection in a similar manner. -
N. B. The Judges of the Court of Corthnon Pleas
and Exchequer, unanimously agreed with the three

Judges, from whom Lord H-olt had differed.
3dly. The Case of Alexander Murray, Esq,-1. Wil-
. son's Reports, 299.
•In this case Mr. Murray, who had been commit-
ted to Newgate, in 1751, by the House of Corn-
mons, " for an high contempt of that House," was
brought by Habeas Corpus before the Court iof
King's Bench, and demanded to be discharged.
The Court unzminmously decided, "Tharthey
had no jurisdielion in the case."
Judge Foster said, " The,Law of Parliament is
part of the Law of t he Land, and there. wpu:d be
an end of all law, if the House of Commons could
not commit. fora contempt ' and :Lord Holt, though
,he differed with the other Judges, yet agreed that
'the House might commit for a contemptin the face
of the House. As-for the prisoner's illness we can
take no notice of it, having no po‘yer at all in this
case."
The prisoner was accordingly.lemanded.
4thly. The Case of Brass Crosty, Esq. Lord Mayor
of IFilson's Reports, 188 ; and 2.
Blackstone's Reports, 754.
In this case, the Lord-Mayor, Who had been com-
mitted to the Tower, by the House of Commons,
" for a Breach of Privilege,". was brought by Ha-
beas Corpus before the Court of Common Plea's,
and demanded to be discharged.
The Courtiunanimously decided, that he should,
be remanded.
Lord Chief. Justice. De Grey in giving judgMent
spoke at great length.- The most material parts of
his,speech are as follow :
" If either myself, or any of my brothers on the
Bench, had any doubt in this case, we should cer-
toinly have taken some time._ to -cOnsider before
we had given our opinions, but the case seems
so very clear to us all, that we have no reason for

" The writ by which the• Lord Mayor is now
brought before us,- is a Habeas Corpus, at Common
Law.—This is a writ by which' the suhje& 'has a
right of remedy to be discharged out of custody, if
he hath been committed, and 'is detained contrary
to law; therefore the Court must,consider whether
the authority committing is a legal authority. If
the commitment is made by those who have autho-
rity' to commit, this. Court cannot discharge or
bail the party committed ; nor can this Court
admit to bail -one charged or committed in execu-
tion.''

" Whether -the authority committing the, Lord
Mayor istl legal authority or not, must be.adjudged
by the return of the writ now before the Court : the
return states the commitment to be by the House of
Con'imons, for a Breach of Privilege, which is also
stated in the return."

In order to see whether that House has auihp-
rity to commit, see Co. 4. Inst. 23a Such an as-

- . • •
CA-LE JOALS, and SLR FRANCIS BURDETT. : sernbly must certainly have such anthority,•and.it-is
,
1-legal becanse necessary., Lord Coke Says, they have
The present question relative to the power of the 1 a Je:licial poWer.; each Mernhee has a judicial seat
.House of Commons to commit Gale Jones and in the House ; he speaks of matters of judicature of
Sir Francis Burdett, having, in the opinion of many the•House of Commons, 4 Inst. 23. The House of
of our readers, been greatly misrepresented and MIS- 1 Commons without doubt have power to commit
understood, it may be proper in
-us, to refer all per- I persons examined at their bar touching eleetions,
sons, who are desirous of authentic inforthation on when they prevaricate, or speak falsely; so they
,the subjea, 'to the four great cases in which the ' have for Breach of Privilege; so they-have in many
...
Courts of King's Bench and Common Pleas • have , other eases. '
...
. .
repeatedly, and uniformly, recognized and admitted !' “ThomaS Long gave the Mayor of Westbury 41.
the power of the House of Commons, as well as to be elected a burgess ; he was elected, and the
the House of Lords, to commit for contempt, or Mayor was fined and iMprisoned, and Long *re-
breach of privilege : . i moved. - 4
"Arthur Hall, a Member,
.was sent to the
Ist. The Earl of Shaftstury's Case.-1. Modern
Reports, 144. • Tower for publishing the,Conferences of the House,
,
' 4 Inst. 23. This power of committing . must be
In this case, the of Shaftsbury, who had been Commons, from the very • • ' -
•-
Committed to the Tower in 1676; by the House of ,inherent in the House of
nature of institution, and therefore is part of the
Lords, for "an 'high contempt against that House," L
ofits ,
Law the Land; they certainly always could corns
was brought by. Habeas Corpus before the Court of -• •
wit in many cases ; in matters of elections, they can
King's Bench, and demanded to be discharged. But
commit Sheriffs, Mayors, Officers, Wiinses, &c,
the Court unanimously decided " that they had no
jurisdiction of the matter, and therefore the Earl and it is now agreed that they can commit generally
ought to be remanded."
for all contein2ts. All Contempts are either punish-
-I.able in the Court centetuned, or in some higher
And he was remanded, accordingy. ,
Court; now the Parliament has no superior Court,
edly. The Case .(if Ray and. Others.--2. Lord therefore the cootemptS 6gaipst either House can
Raymond's Reports, 1105. 'f only bepunishe.d by themselves. The stat. I Jac: 1.
In this case, John Paty and others, had been cap. i 3. sect 3. suitciently proves that they have
committed in 1704, by the House of Commons, 14ower•to punish; it is in these words, Viz.—` Pro-
". for commencing, ard prosecuting an action at vided always, that this a6l, or any thing therein
common law against the late Constables of Ayles- contained, shall not extend to the diminishing of ally
bdry, for not allowing Paty's vote in the elec- punishment tO be hereafter, by censure in , Parlia-
tion of Members to serve in Parliament, contrary to went, inflicted upon- any person, which hereafter
the declaration, in highfrcontempt of the jurisdiction shall make, or procure to be Made' any such arrest
and in breaCh of the know;il privileges 'of- this as aforesaid.! So that it is most clear, the Legisla-
House." tore hate recognized.:this poWer of the House of
, , .
The prisoners were brought by Habeas CorpuS COmmons. -./ •
before the Court of King's Bench, and demanded to "In the 'case of the Aylesbury men, the Counsel
be discharged. • .
.- . admitted, Lord Chief Justice Holt owned, an:l the
The Court decided, that the prisoners should be House of Lords acknowledged, that the House of
remanded, for that " they could nor judge of - the . Commons bad pOwer to commit for Contempt, and
privileges of the House of Commons, which was a Breach of Privilege. Iticleed it seems to •y Must
superior Court." _ _ _
,- • have power to commit for any crime, beeaus, they
___.

. . have power to impeach 1m any crime. When the
House of. Commons adj,:,ge any thing to be a con-
• tempt, or a 'Breach cif Privilege; their aJjudication is
a convidion, and their comininurnt in conseq.;ence
is execution ; and no Court can discharge or bail, a
person that is in execution by the judgment of any
other Court. The House of CoMmons, therefore,
having an authority to commit, and . Ott- comtnif-
ment being an execution,• the question is, what can
this Court do? &Lean do nothing, when.a person is.
'in execution, by the judgMent-of a Court having. a
competent jurisdiction; in-such case.this Court isliot
a Court of appeal,' • .r •
"As for the present 'case, I am perfealy satisfied
thst if Lord Holt himself were to have determined
, it, the Lord Mayor-wOuldbe remanded.: In the case
! of Mr. Murray, the Judges could not hesitate ',con-
', cerning the contempt by a man who refused to
_re-
ceive his sentence in 'a proper posture : All the Judgei
agreed that he mu; be remanded, because he was
committed by a Court having competent jurisdiction.
Courts' of Justice hare no cognizance of the axis of
thellouse of Parliament. I have the rnost perfea
satisfaaion in 'my own mind in that dF,termination.
Sir Martin. Wright, who felt a generous-and distin-
guished warmth for the liberty of the subjea ; Mr.
Justice DeViison, who was so free -.from connexions
and ambition of every kind, and Mr. Justice Foster,
who 'may be truly called the Magda Charta of li•
bertv of persons, as well as fortunes, all these .re
vered Judges concurred in this point ; I am, there-

fore, clearly and with full satisfaCtion of opinion
that the Lord Mayor must be remanded.",
Mr. Justice Gould said, " I entirely concur in
opinion with my Lord Chief Justice, that this Court
bath no cognizance of Contenlpts or Breach of Pri-
vilege of the House of Commons ; they are the only
judges of their own -privileges." •
Mr. Justice Blackstone said, "I concur in opi-
nion that we cannot discharge the Lord Mayor ; the
present case is of great importance, because the li-
berty of the. subject is 'materially ebncerned. The
House of Commons is a supreme Court, and they
are judges of their own, privileges and contempts,
more especially with respect to their own Members.
Here is a Member-committed ,fitexecution by the
judgment of his own. House. All Courts, by which
I mean to include the two Houses of Parliament, and
Courts of Westminster-Hall, can have no controul
in matters of contempt. The sole adjudication of
contempts, and the punislunent thereof in any
manner, belongs exclusively and without interfering
to each respective Court.. Infinite confusion and
disorder:would follow, if Courts could by a Writ of
Habeas Corpus, examine and doe' mine the con-
tempts of others. • This power to commit results
front the first principles of justice ;' for if they have
power to decide, they ought to have power to punish;
ne other Court shall scan the judgment of a superior
Court, or the principal seat of ,justice ; as I said be-
fore, ft would occasion the utmost confusion, if
every Court of this 1-Tall should have poWer to ex-
amine the commitments Of the other Courts of the
Hall, for contempts ; so that the judgment and com-
mitment of each respeelive Court as to contempts,
must be final,. 2nd without controul. It is a
deuce that may-with perfeCt safety and security be
reposed in the Judges, and the Houses ofParliamenr.
The Legislative since the'Revolution (See 9 and
W. 3, c. 15.) have created many new coniempts.—
The objeaions whiCh are brought of abusive conse-
quence prove too much, because they are applicable
to all Courts of derniel resort ; et ab abusu adusum
non valet consequentia, is a maxim of law as well as
of logic. General convenience must always out-
weigh partial inconvenience; even supposing (which
in my conscience I am far from supposing) that in
the present case the House has abused its power.—
I know, and am sure that the House of Commons
are both able aed well inclined to do justice. How
prepostsrous is the present• murmur and complaint ;
the House of Commons 'have this power only in
Common with all the Courts of Westminster-Hall t
and if any persons may be safely trusted wiih this
power, they must surely be the Commons, who are
chosen by the people; for their privileges and
powers are the privileges and powers of the people.
There is great fallacy in My brother Glynn's whole
argument, when he makes the question to be, whe-
ther the House hale aeled
,according to their rights
or not ? Can any good man think of involving 'the

LONDON: Printed by ,RI CHARD HARRIS, of No. 4, Martiett.cowt, Bow-street; and-l'ublished by WI LLIAM A R MIG E R SCRIP-PS, South MO
At the BuN.OFFiog, No. 112, Strand, where Advertisements, Orders for the
.1' Gper, Letters for the Editor, &c. (post-paid),

•
Judges-in i,contest ufiih eittei.:Ho.64e df r Partaniert,t;
or with one another? And yet this mannei•bf put'
ting the, question would produce such a contest.-77
The House of .Commons is the only judgepfits 0411
proceedings. , Holt differed from the °thee •itidgisi")
this point, but we must be governed by the eleven,
and,not by the single one... It. is a right inherent .t
supreme Courts .; the House of Commons have
always exercised it. Little, nice. objetli ,Jls of par"-
cular s;ords and forms, and ceremonies of .execuf
Hon,. are'not to fie regarded in the ails of the lious
of Commons ;.'it is our dki.ty to presume, the orde!i
of that. HouSe, and their ex, cution, ate accordnig to
law. The Habeas Corpus, in 11.1nrray's -case wai
common law: I concur entirely with my Lord CLIO.
Justice." •

Mr, Justice Nares declared ;his entire concurrenc6
with the other. Judges.
The Lord Mayor was remanded to the Tower

Yesterday Mt. ARTHUR YOUNG'S 4th ScientiOc.
Lecture, on the Quality and Application of
times, was read to a numerous Board of Agriculture
-p,
The Persian Ambassador wirsreviously introducea
to the *President and Mei: bers _of 'the- Boar 4!, ac 7
companied :by Sir G.OHSELEY • after which
cellency was unanimously elected an .HonorYY.
Foreign MemGer of the Board, and Sir G.'Ousnt,c't
was alterwardS balloted for, and elected an 1101-0'
aty Member also. He inspected the Models of 107
struments with the Board, and was paiticularlyttucic
with one of a Threshing Mill, a inc simile of
was ordered to be made for him. His Excellencl
expressed. ISimself highly pleased with the at tei3loci
thus paid to him,
,and informed the President,
through Sir G-OUSELEY, that- it wool,' give him the
greatest pleasure•to transmit from Persia any-seed.s.
or plants that the -Board might deem worthy 111'4
ace. ptance. Before the risit gof the Board, theYte"
sident pres-ented the Gold Medals that u ere voted tt) -
Sir CHARLES BUiCRELL, Ban, M. P, rod Mr. DO
c.)t,asE, M. P. to the former for hi 4 ,detailed
count of the Adtahtaks 3R tof
the latter for his Memoir tin the Improv.'ice:it
Wastes.

•
An Italian chemist has discover_ d a livid wb
inst.mtaneously extinguishes fire. T. e foil, w.ll;'
exp,riments were public ry made with it at- Vet
Some ro.in and oil were, set fire to, and 5c.:110.4
had a few drops of this liquid: been potared on 031
flame; when it.' immediately' disappeared, leo-alg:
behind not the least ir.:.ce of fire. :Billets of woo 4,
besmeared with pitch and rosin, and attenvdrd:
dipped in this liquid; 'resi,ted the adion of the hot'
test lire, to which they were. exposed' for scvcr3
hours. The inventor affirms, that a few appltp.,6°[ls
of 'this composition to wood work' would. preserre.
it from all danger of fire.'

The body of a middle-aged ..woman was picked
floating on Sunday near Blackfriais7bridge, and. tho
same owned yesterday mottling.. Her Itarnle is
Manders, and she had left her situation,- as tejcher ;,t
a lady's seminary in .St. James's ..abotit a ierrnig"
since, which time the body had probably been 41111°
water. , • •

• Yesterday afternoon the carriage of Mr. Motilli)g".
of Cornm-street, was overturned by one of Ow 101):
western Coaches a short distance from 'Hyde
corner, and the coachman, whose name was Hinticci, •
was killed upon the spot by a fracture of the 11'41 •
'aga.inst a flag-Stone. Two ladies in the carriage cs‘.
gaped unhurt.,.