The Sun.
London, England, 1817-11-03 00:00:00

'COURT OF CHANCMY, Nov. 1.

CHARLES DAY V. JOHN 'AND JAMES BOWLING.
Mr HART, counsel for the plaintiff, moved for
Injunction to restrain the defendants front
using the'labels of the 'Plaintiff upon'their bbit'k-
ing pots, or front selling or distributing any labvlS
signed. " Day and Martin, 97, High Holborn,",
or any,Libei.ls with the names " Day and Martin''
inietted 'them. The plaintiff, lie stated,
purchased the business of, the:firm. of Day_and
!Martin, and :had sustained, entlsiderable„ loss isr
the de'Vudanis *selling the hlackinr,
street, in the:l3nroogli; at CrOyaoti,
lin, Pith Labels, ing. it. to-he: 1.11-q!'e
and Martin; either_p,txaelted Io are,. pol.s, pacts-,
edup aloil4 with client, in order- to,l;cta,ied on
by retailers. He had several 'proving'
that they-did so.:—lnjunetion'granted.

COURT OP KING'S' B 1 CH, SEnbitiNTe INN, Nov,
,• LOAD, RIVERS •V. JUNG. • -

, We have had frequent occasion to mention this,
case, respecied the of the noble plain
tiff to, Cranborne Chase. It came on for argit-t
went. thiS clay, on the conditional rule for a new
-trial, obtained in the last term. by SFrgean,t
LenS. Mr. Sergeant Best and Mr. Gustier(' were
heard in Support of -the verdict : their addiesSe'.4
were so long as to occupy the whole day ; but ai,
the result i 3 a matter of -no public interest, and its,
the iptestions .depeßd, upOn minute examinations
of ancient records, &C., we' shall not enter itild
'the subject until the day when their Lordship 6
give their decision. J dgm en t will not be in 0.
i •
'nounced until Tuesday
• next. •

THE 'civrilorAc CLAIMS.

TOR THE SUN.

LETTER I.

EDITOR,—By the inere4 tiCcident I hiive
ittumhleil npon a paniTildet •(profeiving "ti) be an
ariSiver to 'Mr. PEP:t.,F.'s late Speech upon the'C.l••
tholie:Cfints), tvh!ch is no 'further worthy 4.t
Your, attention, Or that elf rho Pub!ier than as a-
solitary excepriorrt to the silence which
therto been preserved by the scribblers Ro-
Than tithOlic Chimants..

I confess I was antoug the -I,imber of 'those
'whom this professed answer appea.rs to consider
little short of ideots, for ~.iferrin.g that, as no an-
swer had been given for so ninny months, the ar-
guments of the Rif 'it Secretary were *man-
sWerable ! It seems. 'however, that I laboured
Under an.'oblio...e.l`s, of judgment, too general, alas!
anv., 'lOnger endured, and this tardy answer,
anti r...:1" pa ting the mischief of so grievous an error
',4l.,coming general, assures us, in direct terms,
" that it is renzarkably open to reply.--,and even to
refutation !" ‘Vhat a pity the task has been so
long delayed! From the late appearance of this
answerer, we might, indeed, be led Into the- fur-
ther erroneous conclusion, that his avowed opi-
nion is somewhat at variance with his experience,
since there seems to be no deficiency of zeal, and,
certainly, no indications of modesty, which could
possibly have interfered with his immediate ad-
vance towards this remarkably easy conquest.
Great pains are, to be sure, taken to inform us, ,
that " the manuscript had been out of the an-
" thor's hands for a considerable time," and the
poor Publisher is forced upon the stage, like the
old prologue, to inform the world, that this im-
portant work • has been delayed by causes which
" it is in no degree interesting to the Public to
" particularize."-,--Of this I entertain not a doubt:
but most unfortunately for the voucher (whom as
a patriotic bookseller, may, however, he hardened
to the task) the author himself most unadvisedly
lets our. that his onli. motive for entering upon
the task at all was the long neglect of others, in
and out of Parliament, to do so. So that we lave
an apology for del',y on, the one hand, with
a. mysterious Burleigh-like shake of the head,
and a flippant avowal on the other, that the
answer was never thought of till long after the
third edition ofthe offending Speech had been cir-
'culating thiough every part of the Empire.—You
say, this has nothing to do. with the merits
of the.publication ; I might answer, that I leave '
the nieritsot it altogether to be discoVered by those
who have
.a more penetrating discernment than
tnyself;-.-Aut I humbly conceive, Sir, that it has

'Much' to do with the quttlifications of the writer,
and setting aside the impression which must ever
follow an attempt at imposition, it goes clearly
in this instance 'to prove, that via PARTY being
utterly incapable of finding, purchasing, or bunt.

log dawn any respectable opponent to arraign or
confute the arguments of*.Mr. PEELS, they were
.at last stung into a reply, at all hazards, when they
saw that Editions were multiplying, and the Pub-
lic Opinion settling into Conviction upon the
powerful evidence which they carried with them.
The Co►aclave was up in arms.—Aggregate Meet-
ings were held, and the !dab Secretary was suf-

liciently vilified to gratify the most sanguinary and
desperate of the liberal party—but all this, as our
wise author observes, was no answer, that is, no
answer to the reasoning part of the Nation—" It
" is, he says, unaccountable that the Publication
" should hare reached a third edition without hay.

" ing drawn an antagonist of any description into
" the field of controversy;" he must, he adds,
" consider it to be a mark of the desultory and no-
" settled temper of the Times, that_a public Do-

curneut of this kind should have passed arm-
" swered in the House of Commons—and dropped

" STILL-BORN from the press !" It is not difficult-to
detect the Country of our Answerer; for noEnglish-

man, it is presumed, or even a Scotsman, would

be surprised at a document (meaning -the printed
speech) passing unanswered in the House of Com-

nions,—or have made the wonderful discovery that
this said pamphlet (whose great crime was having
Passed micoutradicted and unrefined through three
editions) had dropped " STILL-ROAN" from the

press ! "In the solution of this phcenomenon"
(a goodly and apt phrase) " he does not think it

g' would be sole to rely on the suggestion of par-
tial friends who have gone so far as to say"

(impudent varlets 1.) " that the speech has not

" been answered, because it was unanswerable.

" For a statement which has been so largely cm-

" mended, be cannot help saying, that it appears
to him to he remarkably open to reply, and even
"to refutation!" It• remains for those who will
be at the pains to wade. through sixty seven pages
octavo to, decide whether the Reply, as it appears
to my humble judgment, has not a remarkable

tendency to confirin—nistead of ref uting this opinion.
Poor Mr. GRATTAN ittnost woefully bespattered
(or not having, at all events, answered, and

chaiiigetl nor. PRET.E, and hfte" being Vint-pare to
a• Race Horse who has rnn his cotirse", i 5 -nest
gratefully and humanely consigned `to the
plotigh, not howevet without sothe shew of e6m-
miseration. "We pity" (our author says) "ihe
" noble creature, and say he deserved a bate!
" fate." Could we he grave upon any-siiitiment
proceeding from such a quarter, we inlght raise
our voices in a higher tone of appeal to THOSE
STATESMEN, nho, losing sight ofthe great Land-
ritrks of the Constitution, suffer themselves,
through a subserviency to temptirizing policy, or
by the affectation of liberality, to Sanction claims
which they know must have some limit, and tell
them, that when they propose or defend that
I.mit,'llongh it be At THE VEKT FOOT OF THE
THRONE, they will be more bitterly hated—more
virulently reprobatPd by the Catholics, than their
uniform and consistent opponents ;—will be over-
whelmed like the early, phihlsophical, and liberal:
promoters of the French Revolution---.or trampled
underfoot like poor Mr. GRATTAN ! It is, alas !
the peculiar characteristic and curse of the pre-
sent day, that men reason up!in Questions of
State as if there were no Futurity, . If a diffi-
culty arise, it is to be met with expedients, which
in their very nature- can have only a temporary
effect upon the pressing, evil; whilst tit* conse-
quences of the Remedy may ultimately affect the
whole body politic ! 1t is as if _a Surgeop were
to heal up a wound in, aiiiinsmind patient, with-
out calculating upon file Cffect.thereby to, be pro-
doted upon the general constitution. It is like
any thing anti every thing unknown to and un-
practised by ?Hose ILLUSTRIOUS PATRIOTS to
whom we owe our proud and preponderaling dis-
tinction in the scale of nations ; which may
Heaven preserve from the" wreck and spoil of
sound principle and constitutional spirit, in which
our liberality and our theories threaten to involve
us it) the present awful crisis of our fate Look
round the world, to the rudest and most polished
periods of History, and shew me where politi-
cal expedients or a temporizing policy have ever
conduced to the honour or preservation of States !
Permanency has ever been the concomitant of
fixed principles. Patriots (par eitellence) have
ever been innovators—To Patriots of this class
the Grecian Liberty fell a sacrifice—By the same
men the Roman Republic was overthrown, and-
by their apes France became a wreck. But to
proceed, our Respondent is a subtle logician, and
it) commenting upon the fitness and expediency of
exempting the Catholic Prelates from any foreign
influence, he objects to Mr. PEELR's distinction
between the Pao and Domestic Nomination, humbly
opining that the end alone. is to he cotrsideted,
and the means to be disregarded. "To 11 man or
" plain understanding (he says) the character of
" the measure can only refer ,to its objects ;" the
objects in this case are, .foreign intloenc,e, and
" the reputation of the Party to be chosen."-,--
Ergo, one mode of pt.ocectling is just the same as
another. 7' . ,
, But to descend from this-preetons specimen of
Hibernian. Casuistry; (abithit as lucid,' and cer-
tainly as prOfdinl, as that of our Edinburgh
Critics)/ to bluffer of fact, the learned
Author 'decides that the new'• panacea ni" Do-
Mestie sont ination" is oporrivis and Sir HistaT
PARNEL.L.S authority inst 83 efficient and satisfac-
tory as the Veto. True indeed, if, as he insists,
the character of the measure only refers to its ob-
ject—for the object, as 'appears at least from the
circumstances which attended the one, and may
therefore be entailed upon the other, was neither
more nor less than to delude and entrap the na-
tion into a surrender of the Catholic Claims
upon a pledge that was never intended to be re-
deemed ! But if the two remedies are to be con-
sidered in the abstract as applying to the question
of securities, we shall require something more to
satisfy ns respecting them, than the authority of
Sir EIENRY PARNELL, or even the assurance of
our Author, who brings thisin proof of how re-'
marlcubly easy it is to overthrow the reasoning and
facts of Mr. PEELE.

The Veto itself, as far as my own individual
opinion goes, was far from affording any satis-
factory security against the ambition and en-
croachments of the. aspiring Catholics ; but its
objvct was clearly to exclude altogether foreign
influence, which our Author admits to be the ob-
ject contemplated in the new proposition of Do-
mestic Nomination. Bur why was the Veto, after

having been explicitly offeretl by the leading Re-
presentatives of .the Roman Catholic Ciaims, re-
jected by the Roman Catholics themselves ?—The
Bishops declared " that they could not he parties
" to the Ecclesiastical arrangements without in-
" curring the guilt of schism—and the Roman
" Catholic Laity declared, that they would pre-
" fer their present state of exclusion to the re-
" moval of that exclusion on the Conditions pro-
' " posed." What were. the conditions proposed ?
Simply that foreign influence should be aban-
doned ! 'And yet this very silly Gentleman who
has undertaken the task of answering Mr. I'EELE,
insists upOn the efficacy of the Auccedanetunsnow.
proposed, because it is to preclude foreign i►tter-
ference. He. says, the character of the measure
is the same, taking the character front the, object
to which it applies, which is, by his own admis-
sion, this very foreign influence. Is it nOt the!)
arguing in a circle. to say, we should adopt this
measure, because its principle is the same with
that which was before rejected by the Catholics
on the single ground that it did preclude foreign
influence !—Does he imagine that the Catholics of
Ireland are such poor harmless beings, or as Sir
BOYLK ROACH would have called them, little
birds to be caught in a. trap,--though they refused
to perch in a cage ? Or rather does he suppose
the Supporters of the Constitution. are likely to
be the dupes of an artifice, because it is newly
painted .and patched, and presented under an alias!

. . ,
-%Vbat security can we even pretend to hope for
against foreign influence—whenforeigniAuence
is avowedly the cause of wititholding any c4ticts-
sion, in exchange for granting the skims. of' the

.. ~ _
- . ,
M.
ROMAN CATHOLICS ? But even if we were s.:
posed to be illindtadded by such men as Sir 1-tEk:iii'
l'Atuleu, and his anonymous advocate, air Citho-
lies themselves ‘vould tear the bandage horn our
eyes. .11:hen they get together THEY cannot help
srEAKING OUT, and What tv ith the Bulls of their

Cotinny and the Bolls of Rome, no man that is
not wilfully blind, can be ignoraut of the gsal.

03.1r*Cr the'y have in 'view. it is 'an unfortunate
circumstance for the Reforineri *of this cbtintry
iliat the love of which it its proVerliiilly
' an appendage; ''as it is to tire 'state of spinsieiy, is
t. •
accompanied by a fed-fa/C•press—and that the
ambition of hrators is so tar paramount to their
discretion, that their folly is no sooner batched,
titan it is etposed to public view.
If- this country ever fall by the subversion of
the •ConstitntiOti, it Will' be owing nricso much to
the machinations of its enemies, as by the luke-
. warm support of its hitct-at Mena. The very
abuses and licentiousness of the press are a safe-
gnard..--an alarttm-bell tti git 6 notlee' to the -gar-
rison of any ant ward attack and though much
tnischit f may he effect ell by the union of ignorance
and treason In bonds of 04sic4I•force, It It to be
hoped the GOOD SENSI3 1111 d GoOD Fe LING of the
Country. will ever he proMpt to repel the aggres-
sors front the final object of. their pernicious am,
bition. It is through our Legislature that the
Constitution is truly assailable ; and should the
day ever arrive, when speculation, and what are
• called liberal men,..that is, men who without fixed
principles themselves, consider all test of princi-
ple as an oppresiive ..and burdensoMe restraint,
gain an ascendancy, an experiment gill be tried
upon the Constitution which it needs not the gift
of prophecy to aver must and will be attended
with a risk and hazard, which sound and sober men
will view with terror and apprehension ; an. ex-
periment involving no less. than the attempt to
keep a great and complicated machine in the same
direct motion which it has hitherto preserved,
after the subduction of some of the Main wheels,
which were affixed to it by the true legitimate and
original constructors ! But this will lead 'us into
a disquisition' which would- Occupy too much of
,your valuable l'aper.-71f I may be permitted to
put sue it through the same channel, 1 shall not
fail to avail myself of the indulgence to expose
the, futility of this expiring effort to revive a ques-
tion, to which our able and enlighted Secretary
forltish Affairs has nearly given a death-blow.—
. lank,Sir, your obedient Servant,

LANFR:kNE:..

NEXT FRIDAY THE LOTTERY WILL COMMENCE
DRAWING.-SIX PRIZES OF TWENTY THOUSAND
POUNtk-MORE PRIZES THAN BLANKS.

TO CORRESPONDENTS.
Tttc MEETINo if JACOBINS To-morrow,—Other favntus
are unavoidably delayed.

THEATRICAL REGISTER.
Performed on Saturday Night.
THEATRE 'ROYAL,. DRtiRY-LANs•—Qtl,e)lo: Othello Mr.
Kean ; De,demona, Miss. Robinson. After which, The
Falls of Clyde.
THEATRE ROYAL, COVENT-GARTER.—The Castle of Anda-
lusia: Don Alphonso, Mr. Witham; Lozenza. Miss Ste-
xphens. After which, The Father and his Children.

ARRIVZIO-2 France, I Lisiztin, t Pander., t Guerngey and
Jersey, 2 Dublin, '2 Watcrforil. 'llue—Haraibtirgli, 1 Hol-
land. 3 Guttenburgh.

PRICK OF STOCKS -
..THIS OA*
3 per Cent. Red. 81i .82 India Bo ,11:11i3 104,. Mfr
3 par Cent. Cons. .. H 2 Exch. Bills, id._ 19s. 20s. pr,
4 pet Cents..
5 per Cent. Ann... 107 101 i Ditto, 3d. . 19s. •Os. pr
Bank L. Ann. ..... "20i 21 Con.s. for Account,..B2il

Average Price of Brown or Musetirado Sugar, computes
from the Returns wade. its the week cutting the 29th day to:
October, 1317, is bss. OV. per Cwt.

HIGH WATER AT LONDON BRIDGE TO-MORROW.
Slurniv, 56 minutes after 9. f Evening, 13 ;ninnies after 111

•rear SUN.

soLem Quis DICERS FALSUM AUUEAT ?

LONDON,
MONDJY, NOVEMBER 3, 1817.

We received yesterday three days Paris Papers
to Thursday last inclusive, and this morning those
of Friday. We give extracts from the former in
our last page. They refer again to the reports of
hostile movements on the 'part of Spain against
Portugal, for the purpose of still further discredit-
ing them ; and it is intimated, to the same effect
as we have already stated, that the High Allied
Powers will, by their mediation, adjust the dif-
ferences that have arisen between the two States
referred to.

The new Dey of Algiers it appears fell a sacri-
fice to- a popular commotion, , in which he "was
strangled on the 18th September, fifteen days
after the assassination-of his predecessor. The
disturbance is stated to have originated in a claim
made by the English Consul for the delivering up
ofa Hamburg!) vessel carried into Algiers. The Dey
d all the Consuls having in consequence