The Sun.
London, England, 1829-06-22 00:00:00

DRURY-LANE THEATRE.

On Saturday evening this Theatre closed for the
sensor', when Mr. Spring, the box-keeper, took his
bent fit. The performances were Lovers' Votes, and
a variety of pleasing entertainments, which were
well received by a fashionable and crowded audience.
At the conelusios of the play, Mr. Cooper delivered
the following Address, which was warmly ap-
plauded
LADIES AND GENTLEMEg-This being the conclud-
ing night of the season, it becomes my pleasing duty to
return you the grateful acknowledgments of the Proprietor
for the liberal and extended patronage he has r....eived;
and I am requested to assure you, that during the recess
every exertion will be made to meet your future approba-
tion. The House will be entirely re-embellished and de-
corated—the hest dramatic pieces will ire selected, in order
to he produced with appropriate splendour and effect—
your old favourites will be re-engaged, and the most pro-
mising provincial talent will be sought for. For these
exertions, not vainly promised, but honestly, assiduously,
and, we hope, skilfully performed, the Proprietor anxi-
cu,ly anticipates the best reward—the honour of your
continued patronage and support. In the name of the
Performers also, I am requested to express their grateful
thanks for the' approbation with which, throughout the
season, you have honoured their exertions. I hope I rtyy
be permitted to recall to the memory of our liberal friends
and patrons some of the events of the now past season, for
the recollection of our successful exertions may induce
them hereafter to continue their kind and generous pa-
tronage, and will certainly urge us to renew our utmost
endeavours to prove ourselves worthy of their support.
We have produced, during the season, sixteen new dra-
matic pieces, all of which (two only excepted) have been
honoured with your approbation—among which, 1 am
proud to say, you have particularly distinguished the •
tragedy of Rienzi—the drama of Charles the Twelfth—
and the new opera of Mussaniello. Through the kind-
ness, assiduity, and punctuality of my fellow-labourers, it
has not been necessary, during the forty weeks I have
been honoured with the management of this Theatre, to
make but one apology—nor has there been one change of
performance from that which was advertised in the bills
of the day. As I believe, Ladies and Gentlemen, that
I this circumstance is unparalleled in the annals of the Eng-
glish drama, I hope you will allow me on this occasion to
thank my coadjutors, to whom this praise belongs—to
me belongs only the humble merit of industry and perse-
verance.

" Ladies and Gentlemen—Wishing you all the blessings
of health and prosperity, in the name of the Proprietor,
the Performers, and myself, until the Ist of October next,
I most reseectfully and gratefully bid you farewell."

WESTMINSTER SESSIONS, JUNE 20.

FEES OF TILE CLERK OF TILE PEACE.

The following case excited a good deal of interest
in the Court, and is a matter of considerable public
interest:—

IN THE MATTER OF JOHN ROSS AND ANOTHER.

Mr. John Ross, of the City-road, applied to F.
CONST, Esq. the Chairman, against the Clerk of
the Peace, Mr. Gylby, calling upon him to skew
cause why he had caused a warrant of distress to be
issued against the goods of his father, Mr. Wm.
Ross, of Bedford-street, Covent-garden.
Mr. Ross made this motion upon an affidavit
which he held in his hand, the substance of which
was as follows :-1n February last, the deponent
Ross and Margaret Dolland were charged at Bow-
street Office, by one Allll Loveday, with commit-
ting an assault. The Magstrate said that though
violent language appeared to have been used, yet no
assault had been committed; and he ordered Ross
and Dolland to enter into sureties to keep the
peace towards Ann Loveday, and to appear at the
next Westminster Sessions, to anwer any
charge that she might think proper to prefer
against them. The parties attended the next
April Sessions, day by day, but Ann Loveday
did not appear; no bill was preferred against them;
no articles were exhibited; and no complaint was
made. Ross presented himself to the Clerk of the
Peace, with Dolland, and observed, thil they had
fully complied with the order of the recognizance,
when the Clerk demanded the sum of 10s. 4d. each,
as his fees, for discharging the same, which they
refused to pay, and referred the Clerk to the 31st
section of 7th Geo. IV. cap. 61. On the 28th of
May last, Mr. William Ross, the father of the de-
ponent John Ross, who was one of his bail at Bow-
street, received a letter from Mr.. Gylby, the Clerk
of the Peace for Westminster, stating that the re-
cognizance had been forfeited, because the defend-
ants, John Ross and Dolland, did not appear, and
threatening to issue process against his goods unless
he called and paid the fees. . On Friday, the 19th
instant, an execution was issued by the High
of Westminster, against the goods of Mr. William
Ross, " to levy 201. and I3s. costs, being the amount
forfeited by the defendants, for not appearing at the
Westminster April Sessions, 1829."
Mr. CoNsT said that he perfectly understood the
case, and if Mr. Ross had paid the fees demanded
by the Clerk of the Peace, his bail would not have
been troubled.

Mr. Ross said that the Clerk had no right to
demand the fees, and the issuing of a warrant of
distress was an illegal act.
Mr. CoNsT said that he might indict the Clerk of
the Peace, if he extorted fees from him which he
had no legal right to receive. If the Clerk took a
single sixpence more than he was entitled to, he was
open to an indictment.
Mr. Ross—The Clerk of the Peace had offered
to compromise the rights of the Crown to 401. for
the sum of 10s. 4d.

Mr. CONST—He could do nothing for the appli-
cant; the Court had no power to say the Clerk of
the Peace should not have his fees.

Mr. Ross—lf the Court would look at a late
Act of Mr. Peel's it would find that a remedy had
been attempted towards relieving the grievance of
which he complained. It says—" That a return
shall be made by the Clerk of the Peace to the
Magistrates, of all the defaulters in cases of recog-
nizance, with a description of the nature of the de-
fault ; and that writs shall not be issued indiscri-
minately, but only against those who had caused a
delay or defeat of justice." He, therefore, con-
tended, that as there had been no delay of justice,
the Clerk of the Peace must have made a false re-
turn, or the writ would not hare been issued against
his father's goods and person.
Mr. CONST had no power to interfere. This was
not the first application of the kind.
Mr. Ross was aware of that fact; and knew that
great numbers of innocent persons bad been immured
in dungeons, because they had not paid the fees of
the Clerk of the Peace.

Mr. CONST observed, that a person had' to pay
one shilling at u police office when a warrant was
discharged, and the demand of the Clerk of the
Peace must be complied with before the recogniiance
was discharged. If Mr. Ross would pay the de-
mand, the warrant of distress would be withdrawn
from his father's house.

Mr. Ross would pay the claim, at the same time
protesting against it as an extortion ; and he would
certainly indict the Clerk of the Peace. The sum
of 2/. 10s. Bd. was paid prior to releasing the man
in possession.

It was the opinion of several Barristers in Court,
that Mr. Peel's Bill intended to relieve parties who
were acquitted; and also those against whom there
was no prosecution, from the mow,trous exactions of
the Clerk of the Peace. Mr. Ross stated that he
would write to Mr. Peel upon the subject.

The ship Edmondstone, on her way from China
to Bombay, tonched at Batavia on the 26th of September,
and had a narrow escape from a pirate in the Straits of
Sunda. On standing into the Aojier roads on her way
through the Straits, she saw a vessel lying there, appa-
rently under Spanish colours. An ofker of the Edmund-
stone went on board of her, and found her to be a frigate
capable of mountin' 36 guns, and with a crew of no less
than 300 men. They appeared to be of many nations,
but chiefly Europeans, and of these the greater part spoke
English. They were all armed with cutlasses, and made
many inquiries of the officer respecting the cargo of the
Edmondstone. On being assured that she had no money
on board, but sugar alone, the officer was allowed to re-
turn to his ship, which, on his report, immediately steered
two degrees out of her course to elude pursuit.

SPIRIT OF THE PUBLIC. JOURNALS.

(FROM THE TIMES.)

rnt
b a against tntohteconstruction
its o rof
ot iaL)ir)tetiligr
as toc
ounstetillidaetdLfoor in
rdthe Aberdeen'si\arq•-uairsßag
s
na's
sußffirei Brtitish
atnr
sc
de
e
withwer
since, if England had ever bound herself to in-
terfere on all occasions for
the defence of the
Portuguese Government against its own rebel
subjects, Portugal must have reciprocally
herself to leave in the discretion of the Kina of
England such means of superintendence and con-
trol over every act of the Portuguese Sovereign
towards his people, as might have guaranteed
this country against the existence of a rebellious
spirit, or the occurrence of insurrection, or any
attempt at usurpation against the Crown of Por-
tugal: in other words, the Portuguese dominions
:nust have been submitted in all respects to a
constant exercise of the powers of government
by Great Britain—that is to say, must have
been reduced to the condition of a British pro-
vince. We do not recollect to have seen this
argument from reason brought out so distinctly
on any former occasion as now by the Forei,,,it
Secretary ; and since the fact is, as stated by
Lord Aberdeen, that no demand has been made,
or being made has hitherto been complied with,
for British armed interference in a civil war be-
tween the Portuguese Government and its sub-
jects, whatever wishes we might entertain upon
the present question, the principle must be
given up, that existing treaties do not admit a
construction favourable to the hopes of M. dc
Baibacena, or indeed to the feelings of a large
proportion of Englishmen ; while it is obvious
that no interposition by force of arms can be
justified on any general maxim of the law of
nations itself. A question, however, has been
started in debate, whether the miseries which

now afflict Portugal, through the treacherous
usurpation and barbarous despotism of Dun
Miguel, have not been produced or much facili-
tated by an exercise in his favour of that very
interference, which is disavowed, and withheld,
in opposition to him. We have read with some
care the correspondence on this point in the Par-
liamentary papers, and are compelled to suite,
that neither was the grant of the Constitution
by Pedro attributable in any sense to the acts or
councils of Great Britain, nor was the delega-
tion of the executive authority to Don Miguel
by the same Prince a measure in which this Go-
vernment took any tangible part. England,
therefore, is not pledged to defend the charter
of Don Pedro, not having promoted the gift, or
guaranteed the duration of it ; nor is she (so
firr) compellable to resist or punish Miguel for
the abuse of a power, in the transfer of which
to his possession she evidently had no share.—
But there is yet a further branch or two of this.
Portuguese question, on which, although our
allusion to them cannot effect any change in the
course of the national policy at this moment, it
becomes an Englishman to speak out. An or-
der, it appears, was issued to the Commanding
Officer of the British troops in Portugal, to in-
terfere for no purpose whatever but to protect the
persons of the " Royal" Family, Miguel him-
self included. Now it may seem ungracious to
certain complaisant and Court-loving classes Of
persons to say so, but really the merit of such
an exception to the general rule of non-inter-
ference is, in our mind, not altogether indispu-
table. The right of armed intcrpositiorr for the
protection of Louis XVI. of France, was given
up as untenable by Mr. Pitt's Government.
The right of remonstrance, indeed, was asserted
justly, and it was largely, energetically, and
laudably resorted to, though to the shame- of
the French people, resorted to by all EUrope
without success. But in Parliament,nn_d every
where, the principle of going to war . to the
person of a foreign potentate from violence, was
given up on all hands as untenable.. On .this
point, therefore, we are not disposed to go the
full length contended for by the King's Minis-
ters ; although we do freely admit the distinc-
ry it byto the
protect Duke t
hoe f Wellington,oNesth life atn
na
iotenr inferencedrawn
proper as, in the case of Miguel, it appears to us),
is not of a kind on %hich ought to be founded
an abstract or universal obligation to intermeddle.
With respect to that proposition which is under-
stood to have formed part of Lord Strangford's
official communications to Don Pedro—namely,
that he should still consent to his daughter's
marriage with the usurper of her throne—we
must say, that if Lord Aberdeen's argument in
favour of it, or rather his Lordship's apology
for it, is not satisfactory, the cause of our dis-
satisfaction is not imputable to him. His Lord-
ship excused this recent step of his own policy,
because it had formerly been suggested by Don
Pedro himself, and by the late Mr. Canning.
'The Government, however, should consider,
whether the late Right Hon. Secretary would,
had he seen the full development of Miguel's
execrable character, have persisted in the project
of delivering up the unfortunate child to the
mercy of such a monster. And with regard to
Don Pedro himself, did not he indignantly reject
every thought of such a marriage when he had
proved the demerits of the intended husband of
his child? 'We conjure the Government to con-
sider the subject with reference to this unfore-
seen change of circumstances. As for Terceira,
the fraud practised on the British Government
makes a better case than we had anticipated for
the King's Ministers. We shall touch on our
Turkish and Russian policy hereafter.