Star.
London, England, 1803-11-10 00:00:00

,1

lion and his feelings, which was the cafe of the Cler-
rvman, but for a direft provocation to fight a duel,
ilhe Corn t. had determined, if poffible, by the law, to
I beat it down, and they mull porfue it with a firm
hand, it that obi was to be accomoliined. The
i! Court, not only tree any of their Lor,ithips had fat
ljrthe Bench, but lung before, had made a dif-
no ttioti between a coo firuelive violarinn of the peace
and a direr pi avocation to fight, where the extraor-
dinary inlet polltitni of the Court might he more im-
ttely requited. ism inflance was cited, where
Orliceis In the town. of Hull had quarrelled, where
there had bren a plovocation to fiNlit„ and where it
was impoilible for the Court to lee who was molt in
the wrong ; and yet the Court let the law in motion
wzainfl them, in order to prelet ve the public peace.
Even it the Court, laid Mr. Erfkine, fhould not be
with me, 1 have hilened with t:,e greatelt attention to
oblvt s A!ions of my Learned Friend, Mr. Clifford,
a. d have looked at Mr. Phillips's affidavit, and can
lee no anlwer to this application. Mr. Thomas talks
of the pullinggf a nole; from the enumeration of the
inhabitants or Great lit itain, lately made out, and laid
on the table of the Houle of Commons,it appears there
are ten millions of nofes within this realm, and all :he
provocation that Mr. Thomat gave, was his laying,
. or his boa:ling, if you sill, that he had pulled one
mole in the courfe of his natural hie. Suppole I
were to fay to my friends Garrow or Mr. Dallas,
I have, in the courfe of my life, pulled one nnfe ;
what then, what interference could be drawn from
it? Could it be laid it was any incitement, any pro-
vocation to fight a duel ? He next commented on
Mr. Phillips's letter, and obferved, that their Lot i
!hips, who cavity with them the feelings of private
Gentlemen, mull fee that nothing could be more
fcandalous or offenfive, either as coming out of any
man's mouth, or as being put upon paper. Mr. Phil-
lips, infleatf of being forry for having written Inch a
letter, conceived he was bound, that he was under a
moral obligation to write it; and whether the expref-
' lions in his Luce he well applied or nor, his Counfel
laid, he had no initralions to hate. He had not yet
made up hie mind to the proper application ofiuch
epithets. He, the Defendant, had there two pre-
polte:ons propofitions to make out, that his own let-
ter did not contain a challenge, and that Mr. Tho-
mas's did. If the Court were to linen to the con-
flruelion whi-h any culprit might put on hia.own als,
theft ails bearing svitnefs againil him, as Judge Bul-
ler had pally obferved, every man would go free
from putufhment. If the Court were to liflen to a
man who Paid he thought he was bound to do that
which the Court knew he ought not to have done,
their Lordfhipt, jut ifilietion would be entirely annihi-
lated. The Court had the opinion of this Gentleman
put on them,when Mr. Thomas did not write at all to
him, but only to another Gentleman. It was remark-
able enough that this Gentleman Mould believe he
was challenged by Mr. Thomas's letter, and to be
able to think his own was no challenge.
Lod ELLSNIIOROUGH.+" It is not limed that any
angry dircuffion took place between him and Phillips
before ?"
Mr. Eessistx Paid, there was not a fyllable be-
tween them before.
Mr. Cum-ix° laid, it was Slated by Mr. Phillips
that he had been informed Mr. Thomas had made
op his mind to fight him.
Lord ELL Nacutouo N.—“Wemufl receive any infor-
mation with a coufiderable degree of caution, after he
(wears his own letter does not import a challenge."
Mr. Easels/a laid, if the Court fhould difcharge-
this Rule, this would follow . they had often Peen the
lamentable confequences arifing from private quar-
rels, by fubllitutitig the falfe rules of honour for that
obedience that ought to be paid to the laws ; and their
Lordthips had laid, one after another, they were de•
termined that challenges lhould be done away ; and
they could only be put down by the (iron handof juf-
Tice. If this rule fhould be difcharged, thefe parties
might meet in a private quarrel to.morrow. He Paid
he was concerned in the cafe of the" Kingv. Coffin'"
and it was extremely difficult tobring thecafe, in point
aria, before the Coort. The Court in that cafe ob•
ferved, how far the Prolecutor had departed from
the principles that ought to diffinguith every preacher
of the gofpel : but when the Court thought that an
'additional reafon why his complaint ought not to be
lifiened to, they did not lay it down as an abfiraft
propolltion, that if the patty applying had ten years
3 before that done any aft of .t fimilar nature, that that
fhould be fufficiar, in every cafe, to repel the appli-
cation. If the rule fhould be made abfolote, he had
' no enmity to Mr. Phillips, if he conduced himfelf
with candour, and with the moderation of a Gentle-
man, he thruld be found, and he dared fay his cheat
would be found, not difpoled, when honour was fafe,
and a proper fatisfaflion given, to pref.' things to
' their utmoll extremity.
When Mr. HOXiLL role to addrefs the Court on
the fame fide,
The I.OPD CH IF P JUSTIC (Aid, it was unnecei
fary to give himfelf any trouble. His Lordfhip
nbferved, that this pi-ail/ice of fending challenges
had Co much prevailed, had been In often followed by
eonllottenees which introduced fo much mifery and
calamity into private life, and fit mirth Mot der into
civil lacier!, that lie t'll-nrld think himfelf in forve
meafore accefficry to it, onlefs he did every thing he
could in his judicial lituation to reprefs them ; and
here a cafe came before the Court, where an unequi
vocal challenge had been font. Notwithfianding what
Mr. might be pleated to fay, his words im-
ported to every body that he meant a challenge. The
other letter, shielt was previ.infly *linen by Thomas,
fur adJones, certainly was a challenge. And if any
quenion fhonlil he agitated as to that letter, and if
the Court Should be applied to, it would appreciate
every cireunthatice flated in that letter,as juilice might
require. • But the only queflion ;then was, whether
that letter was to !oe C(.:llolered as Inch a provocation
as to hay,. pr-.fled nn the mind of Mr. Phillips to
Barite the letter in que.lion ? Now, as to Jones, his
language, that he mull make ',tactual atonement to
his injured feelings, and Ilia! lie MI pulled one man
by the note, made it pretty- dear lie wilhed him to
underhand he meant to pill: his mile. Anil what did
he fay as to Phillips? the bufineis with him is in an
unfetticd flue. This glanced darl.ly at :rim; but
even though he had been gov-recd firiAly by
there perverfe rul. s of honour, lie might have waited
till he had intinwed to hint More his put--
rife than he had done in that letter ; but it was fn
Mixed up aid, Accounts and pecuniary num., that