Star.
London, England, 1811-02-08 00:00:00

Mr. CRUP.PITITS spots, for a short tithe, in krocr
the motion.

Mr. H EARN said, that the constitution of this coun-
try consisted of King, Lords, and Commons; and he
did not think the Common Council of the City had
any right to come in as a new power to controul their
proceedings.
Mr. WarrustAsr said, that he at Est expected that
the motion would have passed without opposition, and
he therefore, when he rose to second the motion, ab-

stained from making Many observations. After the
turn, however, which the discussion had since taken,
he found it impossible for him to continue any
longer silent.• • A Gentleman on the other side (Mr.
Dixon) had, in a manner contrary to every idea of
decorum w propriety, stated to the Court a convey-
miens of Lord Erskine's, which, he said, was over-
heard in the street. If it was endured that such
things should be stated, it became necessary for hint
broadly and distinctly to repeat, that the motion for
tp4eNsresent Address had not originated either with
Erskine or any Member of Parliament. It had
originated among a very few Members of that Court,
of whom he was one. He wondered, however, that
that Gentleman had considered Lord Erskine's visit
to the City as a matter of such suspicion. Did it
neer occur to his Jagatiout mind, that Lord Erskine
had been the Peer selected by the City of Loudon to
present to the House of Lords the petition of the
Common-Hell ? It was well known that tier t Petition
had been withdrawn, and was required to be presented
in some other form : it was therefore natural for Lord
Erakine to wish to know the sentiments of the persons
concerned in it. For this purpose he called as early as
ten o'clock in the morning on the City Remerabrencer,
and afterwards upon him ; and it was upon his
sltsgestion that he had called on Mr. Alderman
Wood. He was sorry to be led into this statement ;
but after what had been said by the Gentleman on
the other side, he found it impossible to avoid it. Not
only that Gentleman, but a worthy Alderman (Al.
derman birch had stated their full sense of the vir-
tues and good qualities of the Prince of Wales. Now
if the worthy Alderman did really feel that convic-
tion, it was a most extraordinary doctrine that he held
not many weeks ago, when he said that the effect of
appointing the Prince, Regent, without restrictions,
would ee to tear the Crown from off the brows of his
father. How could he reconcile these things? He,
for his part, was not in the habit of imputing bad mu-
tives to any body ; for even if he were confident the
imputation was just, such a practice went directly to
destroy all freedom of discussion. The Geialenien
on the other side, however, did not always act in that
manner. He happened to have a paper in his pocket
(Mr. W. here probably alluded to the coonter-de-
cleratioe), wherein those Gentlemen had not he-
sitated to declare e their detestation of the abomi.
nable doctrines which a sew factious individuals
brought forward under the mask of reform, but
really tending to tear down the prerogatives of the
Clown, as well as the privileges of Parliament."
Now, as he and his Honourable Friend (Mr. Quin)
might be considered the leaders in bringing forward
the doctrines alluded to, he did not think he owed
much courtesy to those who had spoken of him in l'
' such a manner. Recollecting these things, he thought;
be was entitled to say, that he would not give credit
to their sincerity, in congratulating his Royal High.;
ness, when they did every thing in their power to
cripple him in the discharge of his royal functions. If
'this address,like to my former addresses, would express
confidence in the wisdom and vigour of his Majesty's
Councils, he had no doubt but that those Gentlemen
would like it very well. They had succeeded, for
many years, in calumniating all the friends of reform
—they had long made use of delusions • not but that
delusion was now gone for ever. As for his part be had
nothing to ask or fear, from any set of men who might
be Ministers. The present Ministers had done wore•
than depriving the Prince of the influence usually at-
tached to the executive: for they had put that influ-
ence in other hands; or rather, they had reserved it in
their own. hands, to controul the power of the Regent.
If the country were genedlly to entertain the suspi-
cious of the Prince, which those proceedings in Parlia-
ment, and the speeches of the worthy Alderman (Al-
dermen Birch) upon a former occasion, tended to
convey, what a phantom of phantoms was the execu-
tive power of this' country to remain ? When he
looked at the situation of the country, and saw ICS
I commerce almost annihilated, and all the channels of
our trade cut off, the workhouses overflowing, and those
who cried out most loudly for the present war, now
trembling for the consequences of it,he thoughtnothing
{could be more unreasonable or absurd than an ad-
i dress of congratulation. He thought that in the pre-
sent situation of the Prince, controuled as he was, so
as to be prevented from doing the good he wished,
it would be right for that Court, the representatives of
the City of London, to assure him, that whatever
party may endeavour to fetter or controul him, he
may depend upon the attachment and support of the
people of this country. He thought it of so much
coasequence that this should be the language of the
address, that he would rather it was carried even by
a majority of one, than that an address of congratu -
lation saould be carried unanimously. .
Mr. Alderman Blacu again repeated, that it re-
mained his opinion, that it the Prince had been ap-
i pointed Regent without restrictions, the effect of such
all appointment would be to tear the crown from the
brows of his father.
Mr. Mewmee made some observations in favour
of the motion, and expressed his opinion that no con-
fidence could be placed it: such Minister s as the present.
After a short desultory conversation, the que3tion
was put on the Resolution, and caned unanimously.
A Committee was then appointed of all the Alder-
men, and a Commoner from each Ward, SO prepare
such an Address.
The Coinmittee.appainted to draw up the Address
continued sitting about an hour ; after which they
I brought in their Report, upon which strangers were
ordered to withdraw.
Some discussion then took place upon the Address,
but we understood that it was carried by a great ma-
jority of voices, without a division. In substance, it
condoles' with his Royal Highness on the afflicting
illness of his Royal Father ; laments the restrictions
which have been imposed on the Royal functions in
the hands of the Regent ; but expresses an ardent
hope, that the powers which he still enjoys will be em-
ployed in the reform of abuses, and in promoting the
best interests of the eotantry. The Court then ad-
journed.

1.4, kirELLt6l..wcP.

COURT OF RING% BUNCH, FEB. 1.

JUDGMENTS FOR LIBELS:
?TIE iCtNG TY. act:emus ROCHE. 1
• The Arronxtr-GF:vertaL prayed the judgment of
the Court against Mr. Eugeuius Rothe, the Editor of
The Day newspaper, who had suffered judgment to go
against himself by default, for the same libel for which
Messrs. Fisher and Harvey, the printeinnd publisher'
of that Paper, had already received the judgment of
the Court. Our readers will recollect that the libel
was levelled against the soldiery, who were assernblea
'to keep the peace upon the occasion of the riotous as
sembly in Piccadilly, at the time of the execution of
'the Speaker's warrant against •Sir Francis Burdett
The libel accused the soldiers of unwarrantable chi,
lelty in charging upon the mob then assembled ; as-
krted that they seemed to take a delight in pursuing.
the people to extremities ; and concluded with observ-
ing the jaded appearance of the military in the morn-
ing after the riot, 4, their swords stained with the
blood of an ttnoffeuding people, and theircountenances
'betraying the remorse of their consciences for tlie

wanton cruelty of which they had heen
The Defendant put in several affidavits made by
himself, and by Messrs. George Vincent Dowling,
David Curwen, Edward Seymour, and Peter Cour-
tier, gentlemen likewise on the literary establishment
of The Day ; from which it appeared, that the pro-
prietorship of that paper was divided into 300 shares,
and that the paper was conducted by a committee of
13 of these proprietors, together with a chairman and.
a secretary. The paper is well known to be the pro-
perty of the Auctioneers. It was at first edited by a
' person who had the entire management of it, and
gave to it what political' tone was consonant to his
feelings ; and when it v:as conducted in this manner;
the Defendant tilled the situation of second writer in
it. The Committee afterwards saw reason, however,
to make an alteration in this plat} ; and upon the se-
cession of the first editor of the piker, that office, as
far an related to the management of the paper,
and the conduct its politcs, was assumed by the
Committee themselves, who appointed the Defen-
dant nominal Editor under their entire cosicroul.—H
For the purpose of giving in his name at the,
Stamp-office, as the law required, five shares in,
the paper were tranferred into his name. Previously
to the publication of the libel in question, it had been
settled by the Committee, that, for the purpose of in-
creasing the sale of The Day, the popular side of the
question relative to the apprehension of Sir Franck
Borden by the Speaker's warrant should be taken by
that paper ;, it having been found that the sale de-
creased by the circumstance of its having sided with
die proprietors of Covent-garden Theatre, in their dis-
pute with the public. The defendant gave it as his opi-
nion, that this measure would certainly hirve its effect
of increasing the sale of the paper ; but added, that
the politics of Sir F. Burdett did ifot coincide with
his views ; and that, although he considered it his{
duty to conform to the wishes of the Committee, he
must not be expected to support the principles of j
Sir Francis Burdett with any degree of warmth
Oa the evening before the publietition of the libel'
in question, Mr. Dowling was appointed by the Co-
mmittee to go to Piccadilly, 'for the purpose of re-'
porting the conduct of the populace and the military
there assembled. Mr. Dowling arrived' at The Day
office at about one o'cieck in the morning, and was naet
there, by Mr. Phillips, inctioneer, of Newßond-,
street, the Chairman of the Committee, with whom he

held a conference, in which the defendant did nut join. I
It was otherwise sworn, however, that Mr. Dowling
took Mr. Phillips's instructions as to the tone *of the
article, which formed the libel ; and that upon Mr.
liowling"s asking him what he was to say of the mi-
litary? Mr. Phillips replied, ~ don't spare them."—
At this late hour, Mr. Dowling began to write the
libel upon very small slips of paper, which were car.
tied away to the printers, as fast as they were writteni
without giving even Mr. Dowling an opportunity to
revise them. The defendant waited at the office
till three o'clock, in hopes to be able to revise what
1 Mr. Dowling had written ; but upon his asking
`the printer for a proof of the article, he was in-
I formed that there was not time for hm even to have
Ia sight of it ; and that such revise could be of no use,
since, if the defendant were to mark any thing for cor-
I recoon, it would be quite impossible for such correction
'to be made. The printer of the newspaper had con-
I
tracted with the proprietors that the paper should be
ready for publication every morning by 6 o'clock,and
had received orders from th to, not to obey any com-
mands which should militate against this punctual
publication, under penalty of losing his situation ;
and the defendant's affidavit stated instances in which
hie particular orders bud been forced to yield to these
general ones of the Committee. Upon the publica-
tion of the libel in the morning (till when the defen-
dant never saw it), he saw its injurious nature with
regret and horror ; and, for the putyose of counter-
' acting its effect he caused a letter to be written, signed
.. A Loyalist," and entitled ~ A Vindication of the
Army," which was soon afterwards inserted in the
same paper- This indirect apology for the libel was
the only one the defendant could insert, as it had been
decided by the Committee, to whom the defendant
represented the libellous nature of the article in ques-
tion, that no direct apology should ever be made fbr
any article in the Day. The Defendant contrived,
however, to insert two paragraphs in the paper, in 1
alirect contradiction of the statement shkli had been
before made, relative to the conduct of the soldiery in
Piccadilly ; and otherwise endeavoured to counteract
its effect in a paper, of which the defendant was she
uncontroled editor.
Since the period of the libel, the defendant had be.
come less resit icted in his conduct of the paper, and
it now bore the character of a Criovernmeat print, to
which tone the defendant had brought it round by
degrees.
The defendant put in other affidavits by Mr. Hoare,
the burgher ; Mr. Darbyshire, the surgeon; and othlts,
as to his peaceable character and loyal principles:
and the surgeon further swore that the defendant had
been afflicted with an asthmatic complaint, and had
at times been visited with a spitting of blood ; and that
be verily believed the dampness and confined air of a
prison would endanger his life.
The ATTORNILT-GIDIXRAL addressed the Coon npon
the subject of these affidavitaomany of which, he said,
the defendant was very ill-advised to produce.
24. MARNOTT addressed the Court in mitigation
1

btehttskosit, Inswing partieutarty the
in the defendant's anidavits: The defe9nt
entirety udder the contronl of the Corn&Mee
could he do /-

Lnrit ELLIINBAROUGH.—VhIy, prefer
and quit an employment which it w
conscience to retain:

The Learned Counsel urged the as
deuce which restrained the Defendant,
was, and his wife in a state of pregna,
tily 4ditting a situation. from whir':
sole support, without hating any other
Lord t Etexe.ortourair again interrupt
.while he was proceeding.rather too far
the Defendant from any moral guilt, !
the circumstance of his lending his natne
Office as the responsible Editor of a p 7
a libel like the present.
The Defendant was ordered to be
the custody of the Marshal of the 11;
brought up for judgment on Monday
TILL KtSG J. FINNFIL;If.
The ATTORNIN-GEVERAL moved for
of the Court against L'. Finnerty.
Mr. Finnerty presented his amended
tins that if th,oe was any thing obj,
it, still it had oaly proceeded from his
to ascertain the will of the Court.
voured, hotinter, as far as possible, to
self to the precedent acted on by the '
the ens: of Colonel Draper.
The affidavit was read to I cert lin
its proceeding to state that the &lent
able to offer a justification of the whole
point out objectionable features in the
Lord Castlereagh in Ireland,
Lord Ecuttmoitouou observed that
Clings on which the Court had former!.
with disapprobation. They were not
meats or affidavits in justification, but
He elpetted the defendant would have
to come up to-day, in the spirit of mit
fence, not of justifying it.
Mr. Finnerty said, so far as the Court
of the Country was concerned, he did
that spirit ; but to do so, he mint shew
justified as to Lord Castlereagh. :
Court would not lay aside his affida'
proper expression, but would receive
far as it went to show that he laboured
tion of mind, in Lonseqiienee of the treat.
Iformerly, and more recently, experienced
Castlereagh.

Lord ELLENBOROUGIII said, if the
justification, it must be laid aside. The
to be insulted. After advising the
was best for him to do, they vrould'not
affidavits thrust Upon them.
Mr. Finnerty assured the Coen h,
ceived. He had withdravrtitsvc.thir
affidavit, and had retained of that
formerly been allowed to be read, on
seemed to have passed without object
of the Court. IT there was now arty
in the affidavit,: it proceeded only(.
judgment, on account of which, in one
trusted the Court would.uot enorsly exclisale
die means of vindicating himself, as
the alledged offence. If the Court
him till tq-morrow, he should whil
which, from chat he now understood
of the Court, could possibly (dread.
Lord Et.caNnoitemou said, the d,.
ready had an opportinaity of filing a
and he had pertinaciously forfeited
could not indulge him from time
suited his will to come in a proper mi
came a person in his situation. He
the Court had already said, and thel
trifled with, or argued out of their d.
Mr. Finnerty contended, that 1 •
conduct entirely by the rase of Col
There were statements in the ;add
tendered, which would astonish the
would hear them. But. if he was not
state than, he must subrn't.
He then gave in them:lark of D:
accompanied the expedition to Wal
Mr. Power represented the preiudi
the delendant, in consequence et the
him, which had hem is.ned, to he sm.
not have conceived it safe for the def.'
himself on the British lines, in cow
he dissuaded the defendant from g
company.
This affidavit was admitted, and
by Dr. Lipscomb, who had lately at
dant, stating his irritation of mind
that he esteemed him in great peril
rangement, or even of death
Mr. Finnerty then offered the a(
O'Connor, relative to a Mr. Chit
asked, to what the affidavit referrer
(erred to a fact of a person's having
Botany Bay on the warrant of Lord
without trial.
The Court said it could not be reci
Mr. Finnerty—lf the Court coup'

guilty of such an offence, would the'
speaking of sich a man ?
lie then offered in evidence two
which, he s:titt, would fill the mind,
horror at the bare recital. •
Lrrd ELLESIOROVGH asked, were
ing pt.rons who were not befnre
an encrmity not to :he tolerated.
must be refused. Could the defend&
decency. have attended to the recur
Court, and come forward with such
Mr. 'inflect" said, he had told
would wait till tO4IIOIIOW he nom
affidavit.

Lord ELLENBOROUGH observed,

simple enough to believe that the
profit by the recommendation of
found he had been deceived. W;
mote the defendant would wish ,
would venture to say should be recoi,
Mr. Finnerty understood he war

any thing in exteduation of his ow,
what would extenuate his offatce as
lic, and against the law of the land,
eiggrav ate the clfence as against '
—He wished to treat the law of the
spect, but by 410 means to make •
what he had said agaiauit Lord

the abeve pr-kinti
defeqinnt acted
unfniftee: w:i. t
er duty to profit,
Rent against his
motives of pru.
r, married as he
ancy, from has.
he ilerived his
r in view,
ited the Counsel,
kr in exculpating f
by adverting to
Me at the Stathp
leper containing
e committed to
Nfarshaisea, and
r next.
If.
or the jiadgrrlist
led affidavit, sta.
objection. ble in
is want of ability.
He had elides.
to conform turn-
e Court itself, in
3 length ; but on
endant should be
hole libel, and to
Le government of
that these were
lerly commented
t to receive state-
out in Mitigation.
Lye been prepared
mitigating his ot.
!otirt or the Law
did some up in
flew that he was
He hoped the
lavit for one im-
-4e it, at least s.k
ared under irri a.
treatment he had
&need from Lord
affilavit went to
le Court was not
cLtendant what
Lot have improper
he hoes been de.
irds of his former
t part which had
nay such part as
ction on the part
9, thing improper
from an error in
one particular, he
exclude him tient •
s to every part r t
r would indulge
.it all that p krt
hod to be the
defendant had al.'
a proper affidavit,
d it. Tile Court
e to time, till it
mind to act as be- •
fe had heard what
ley were not to be
d^termination.
• had shaped hit
:olanel Draper.--
davit he had note
2e. Court, if thef
3t to be suffered .
David Power, vet
alcheren, in which
lice raised "against
it order relative to
aich th it he shield
defendant to chew
:sequence of which
g king into public
id also an affidavit
atteuded the defen-
-1 to have been such,
,evil of mental de-
affid reit of a Dr.
innery. On being
ed ? he stated it re.
1g been banished to
I Castlereagh alone,
received.
Id behave this Lord
they punish him for
.0 other affidavits,
ds of the Court with
'ere they to be try..
t them ? This was
L. These affidavits
dint, with common
oratnendation of the
h Affidavits as these! '
Id the Court if they
°old new model his
that he had been
defendant meant to
f the Court, but he
vas there any thing
to oiler which he
eteived ?
as at liberty to offer ,
own offence. Now
as against the pub.
fld, must of course
Lord Castleteagt•
the land with all.re- •
any atonement fer
Caitlercaglt. The