Star.
London, England, 1811-05-18 00:00:00

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INTRuIaiNCE.

Ariir44L orriamczNci.

irary, he was prepared to contend, it Was a most di-
rect one. The House came to a resolutitin of the
FALMOUTH, MAY IS. 601.7 RT OF KING'S BENCH, MAY 17. 1 breach of privilege, and to a judgment upon it, and
The Mediterranean convoy, under his Majesty's ship RAW- int F. HURIDETT V. THE MONT itON..c. ABBOT. ordered a warrant to he issued by their Speaker, and
for the istui the warrant so ordered the present Re-
sow, appeared off here this afternmot, and were joined by the Our Reader's are already appriied that this case ng
ships in waiting. His Majesty a ship Favovarri, with trans- tion of trespass was brought; could any case rise more
ports. •dm for Portugal, sailed from hence this day, but were has merged loth that which, in law, is called a De-
directly ? and had it not already been decided by the
obliged to return by contrary winds.—Arrived the Regulator, murrer ;in support of which demurrer Counsel was '
ELLIOTT, from Oporto.—Wind S. heard last Term ; the nature of which being simply i House ? The Court was 'called on to-Jay to do
SCILLY, MAY IS. that of denying the plea which the defendant sets up I nothing less than to declare all which the House of
Commons had done was wrong, Which he shouli
Came in the Fezatotsn gun-brig, from a cruise off Qporte. to the action, namely, that in issuing the warrant, and
humbly submit they had no power to do; and unless
PLYMOUTH, MAT 16. subsequently committing the plaintiff to the Tower,
their Lordships were prepared to say that the Speaker,
The vessels for Spain, Portugal, and the Mediterranean, uncle! he was justified by virtue of a Resolution of the House ,
eonvorof the RAINSOW and, SPITVIEE, which put in here on of
Commons, authorizing him to issue such I War in the performance of his duty, ought to have refused
Tuesday, sailed again yesterday. Large detachments of infantry, . .
cause melt commitment to the Tower, th; . issuing the warrants ordered by the Honse, the Court
for the army under Lord WELL:Norow, and also that under Gm- rant, and could not give judgment for the plaintiff. - He shoals!,
House of Commons having deemed the said plaintiff ,
coal GEAKAN, have gone out in these transports.
Came in the GLEANER sloop of war, from the Mediterraneeo. to be guilty of a breach of their privileges, and being , now advert to those cases where the privileges Of the
The SALDANHA frigate arrived yesterday, last from Cork- of competent jurisdiction to exercise the power of corn- . House had been madly called in quettion ; and their
—Sailed the SCYLLA brig, the DIANA, and the PEACOCK, on a • Lordships would see what had been the opinion of
moment to prison.
cruise; and the AEVUEA cutter, to the Eastward. Also the eminent and sage lawyers on those occasions. The
The ATTORNEY-GENERAL addressed the Court on
RAINDOW and SriTriat, with the convoy for Spain and Porto- , Learned Counsel then adverted to the case of Lord
gal; the ENDEAVOUR hired brig, with a eonvoy for Swansea ; I the part of the defendant, in reply to the arguments ,
; Shaftesbury the Earl of Aylesbury's
and the BLOODHOUND gun-brig, on a cruise.—Came up the bar- II of Mr. Holroyd, on a former day, in support of the case ; that of
bour to be docked, the
-- Rn-ADICHA frigate, Capt. Lord NEvILLE. demurrer. The Attorney-General observed, that on Murray, Flower; and Cropley ; the last of which, he
contended, was most decisive ; it having been carried
PORTSMOUTH, MAY 17. the part of the plaintiff, every thing which learning
through all the Courts of Westminster Hall, and a
Arrived his Majesty's ships Deem/MART and LErtemtro, from and industry could do, had been done by his Learned
the Downs, with a convoy. Sailed the GoaRAWICE, on a cruize ; • Friend and if the cases cited by him did not bear on writ of Habeas Corpus having been refused, had any
the Natal), for the Downs; and the ToiRACIAN, with convoy, ; one ever thought of bringing an action for trespass ?
for Cork. The Diomtnk ay has come into harbour. Wind S.E. the case in question, no blame could attach to him
Lord Shaftesbury was committed for a contempt and
one advantage, however, had arisen from the time
DEAL, MAY 17. breach of privilege ; he
Sirapplied for a Habeas Corpus,
which had elapsed since the subject was last before
Arrived bit Majesty's ship liztt.ott.t, from off Flushing.— and on that occasion, 'l'. Jones, Justice, says, that
Wind N. E. their Lordships :he had been able to look more mi- .
it was not shown it was contrary to the custom of the
nutely into the case, and by that means should be able
SHEERNESS, MAY 16. .House to commit, the Court could only inquire into
to compress his arguments in a very small space. It
The several vessels bound to the River Thames are getting un- incidental questions—here was a direct judgment of
der way : passed by an East India ship to the Downs. . would be idle in him to waste their Lordships' time,
. the Lords. Wyld, Justice, says, " the ieturn is ille-
Max 17.—Went out of harbour the PARTRIDGE man of war, 'by carrying them through all the cases which had
gal as to the practice of our Court; but we have no jii-
and her crew ware paid their wages. I been cited by his Learned Friend, since a bare state-
risdiction to enquire into it." And Justice Lansford
LIVERPOOL, MAY 15. ment of the case would be sufficient to put the plaintiff
off this poartgdfraleonm News -York, which plue out of Court. It was stated on the Record, that this says the same. The next was the case of Queen and
she leTheftsobinichleaorth nald il:. permitted to an entry
by an order from the 'Treasury Office of the United States. The was an action of trespass, brought against the defen.
Commons had acted right in committing Paithey ? a
loay Maddison had arrived, and took out an account of Mr. dant, as Speaker of the House of Commons, for hay-
writ of Habeas Corpus had been applied tor, the return
Placa N IT's asking an audience of leave of the PRINCE REGENT. ing issued his warrants, as directed by the House to the
to which was, that Paithey, in his character of return-
" The Lethur had arrived in the outer harbour of Boston, Serjeant, and to the Keeper of the Tower, directing
and was taken po lea of by one of the United States frirates• the one to take the plaintiff into custody, and the ing officer, had been guilty of a breach of the privileges
A paragraph in a Paper says, Commodore Hull was OR shore at of the House. The question with the Court was, whe-
the time the above happened, cud that be had dispatched a boat other to receive the body. In answer to that plea, it
they Paithey should be discharged? Lord Holtthonght
to her, ordering her release. was sufficient for him to say, the House ordered the
" The Sally Aso had arrived of Cape Ann from Liverpool. Speaker . . , answer
to issue those warrants • and that he shouldbe.dis.charged; but the other 11 Judges were
" The Castor, CARET, from Liverpool, had arrived at New against nim, beingof opinion they werebound by the de-
would pet the plaintiff out of Court ; for this was
York ; also the Honestus." cision of the House; and on that occasion that learned
nothing less than an action against an Officer of a
Court of competent
Judge, Mr. Justice J. Powell, said—" Paithey was
.jurisdiction for executing the or-
committed by another law, namely, the Law of Par-
ders of the Court. That no action for trespass would
liament, and could not be discharged by a law by
lie in such a case, the case of Bushell, of which so
much had been said, had decided. Bushell did bring which he was not committed. The Court might judge
of Privileges, but not contrary to the judgment of the
an action of trespass against the Lord Mayor, Starling,
House ; they were the supreme Judges of their Privi-
the Recorder of London, the Officer executing the
le es ; and the Court could only judge incidentally."
writ, and the gaol-koeper ; but Lord Hale had de-
This, the Attorney-General contended, was a direct
dared, that against none of the defendants would an
case in point, and the Court would say, what he said,
action lie. This was Lord Hale's opinion ; and it
viz that the present was a direct case ; that the Court
had always been held, that although, upon a writ of
could not enquire into it had already been decided by
error, the judgment of a Com t might be declared er-
a more competent tribunal, and could not be reconsi-
roneous, yet, that the Officer executing process in
dered by them. The Attorney-General then adverted
consequence of that erroneous judgment, was not de-
to the opinion of Lord Chief Justice Pemberton, that
1 prived of the protection which that process gave him.
This day, at twelve o'clock, the ceremonial of de- sturdy Judge, who, rather than retract an opinion pro-
positing the Colours and Eagles taken at Barrosa, ia Inounced, consented 'to go to prison ; therefore from
other case ; but he should not,' if he were to stop .
Whitehall Chapel, took place. It was one of the i discharging his duty to-
. here, consi le himself • ' •
c, r .as him no time-serving doctrines could be expected. With
finest military spectacles ever witnessed in the Me-' wards the Court in this. He should, therefore, pro- reference to the Privileges of the House to commit,
tropolis; a great concourse of persons of high rank of i
teed to answer the case produced by his Learned he says—o The House possesses the power ;no Judge;
both sexes hating been present. All the military ; Friend ( Holroyd), and shew, that not ore of them I believe, ever thought otherwise ;we Jo not question
tile le
Officers in London were present in the Uniform of .
. bore at all upon the case at present before the Court ; gality of your order to commit ; but what we
their Regiments. The Spanish and Portuguese Mi- - and in doing this, he should contend, that the House have ton inquire into is, whether it
i was properly exe-
nisters also attended. '
'of Commons had a right to commit for contempt, and carted?" The next case he cited was that of the King
Sir JAMES Vaot.ows, With several Officers of the a breach of their privileges ; that they were to judge v. Murray, 1 Weston, 09, in the year 1751 ; which
Guards, and many of the wounded at Barrosa, has . judgment could not be was an application to the Court of King's Bench for
what was a breach, and their
arrived at Portsmcuth—report says General GRA liAsta Habeas Corpus to bring up the body of Be
defen-
, questioned in any other Court. It was neither pro- ,
who was committed for contempt of an order of
will follow. I per nor decent, in his opinion, to state, as had been ' "am'
the House of Commons; on that occasion, Lord :
By letters of the 9th, from Paris, we learn, that the stated, that if this were the case, the House might
Holt, Mr. Justice Dennison; and even Mr. Justice'
commercial distress is so very great, that confidence commit a man for wearing a green coat, or for any I
Foster acknowledged the power of the House of Corn-
et) longer exists, Mid discounts are become impos- peculiarity in his person : for, was it likely that I
mons to commit, and declined to interfere, and re-
sible. Two per cent. per month is paid for money the persons to whom the Constitution entrusted this
mended the party. The latter great than, than whom
borrowed upon goods, with the condition, that tile power, would so abuse it ? No man 'ever doubted
there never was a greater advocate for the liberty of
lender may sell the goods at the expiration of the that the House had the power of committing any
the subject, or a more staunch adherent to the esta-
month, if not redeemed. I person, who, during their sitting, either by writing,
blished law of the land, or a more decided enemy to
Several persons landed on Wednesday at Dover or any other act, obstructed their proceedings ;
the encroachments of Parliamentary and even Royal
from Holland, from whence they escaped in a fishing- ' and if the Court looked into the Record, they would
i authority, held, that the law of Parliament was a
boat. They give the most deplorable accounts of the see that the House had decided, that Sir F. Burdett
I part of the law of the land : and that there would be
state of that country ; but state that all was quiet had done so ; that they ordered his committal to the
no need of such a law if they had not power to corn= 1
when they came away. !Tower, and directed the Speaker to issue his warrant 1
mit for contempt. Mr. Justice Holt was not quite so
It is reported that advice had been received from for that purpose. The power or committing for con•
explicit in his opinion ; but he agreed that the House
the French coast of the arrival of JOSEPH BONAPARTE tempt, was a power which every Court in Westmin- 1
of Commons might commit for a contempt in the
at Paris from Madrid. , ster Hall possessed, and without which, it was the
By the vessel which brought the French Papers, opinion a f 'Mr. Justice Wilmot, they could not long 1 face of its proceedings.
E edings.
Lord
we have received intelligence that a detachMent of exist. If persons were taught, that they might pub- I LLENBOROUGII—u He made nd question
power to commit ; because they might
select persons (or emissaries as they are termed) had lish libels on Courts of Justice, and escape, till over- ', of its
even commit for crimes as they might impeach ;
been employed by Bototemere to entrap and carry off taken by the tardy process of the law, he was con- I
meaning, that having the power to impeach, they had
the King of Paussia. These men, having arrived , winced, in these times, many would be found who I
also the power to commit for other offences."
near Berlin, ate said to have dispatched a messenger i would risk doing so ; and if this power was necessary
Mr. ATTORNEY GENERAL resumed, and said, that
to his Majesty, intimating that an ambassador from for the protection of the Courts of Law, he would
the opinion of such a man as Mr. Justice Foster had
BONAPARTE was in the vicinity, and requested an im- ask, was it less necessary for the protection of that ;even more weight with him than that of any other ef
mediate interview. The KiNG, previous to receiving I popular Assembly, the House of Commons? And was ,
1, the Judges whose opinions he had quoted. Mr. Jus-
such summons, had heard of their approach ; and there any part of our history which went to prove
tice de Grey was of opinion, that the jurisdiction of
either being informed, or suspecting the object of their I that the wisdom of cur ancestors did not consider I
Parliament e as one from whichthere was no appeal;
mission, declined the interview proposed ; and has such a guard as necessary ? Lord Coke says, the i
and it was like, with respect to its power to commit
been since said to have put his person under the pro- House do possess the power of commitment, and that I
if vie i for contempt, to any other Court, using the same
tection of the. Emperor of RUSSIA. they had exercised it from time to timc. So,
authority. Suppose the Court of King's Bench was
It is also stated that a forced loan, to a considerable looked to the Journals of Parliament, from the ears I
to levy an excessive fine, there was no appeal, he con-
amount, was now in agitation in France, from the liest period at which they were published, to the time •
tended, from such a fine to any other Court. It was
levying of which the most serious discontents were of the Commonwealth ; from the Commonwealth to j
a final judgment ; and the same rule must necessarily
apprehended ; that an eminent banking-house having the Revolution ; and from the Revolution downato
I apply to the judgment of the Court of Parliament,
lately failed for an immense sum, and applying to die the present day, it would be found, that the Hoist
• - • - - - ' where the subject in dispute had undergone their ju-
-- • . .
' th.

NEWNIARRET SECONtS SPRING MEETING, ‘Bll.

TIMMY, MAT 17.
Lord Lowther's Pair Star, 80. 1 21b. Ld Oxford's Martians, Bst.
11b. Y. C. 85p.-5 to 4 on Fair Star.
Mr. Wilson's Wizard, beat Lord G. H. Cavendish's Middle-
tlorioe, Bst. 41h. ach. B.C. 500g5.-6 to son Wizard.
Lord Oxford's Poulton, ist. beat Mr. Shakespear's Tumbler,
110. Tlb. Across the Flat, 500g5.-7 to 4on Poulton.
Mt. Douglas's Gaiety, by Gouty, beat Col. Morgan's Presenta-
tion, by Star, dam by Drone, fist. 71b each. Across die Flat,
songs. h. ft.-5 to 4on Gaiety.
Sweepstakes of 100 gs. each, Se. each, h. ft. Across the Flat.
Lord Oxford's Poulton, 6 yrs old, fist. 111 b.
Sir W. Gerard's Oriana, 4 yrs old, Tst. 13th. -
Even betting on Poulton.

y fat.
Emperor for relief, on a statement of the assistance
they had afforded him for the prosecution of the war,
wits treated with the most opprobrious language.
Five French frigates are stated on the same autho-
rity, to have sailed for Batavia, with a new Governor,
And some specie. It was likewise supposed, that from
forty to fifty trigates would put to sea this winter. The
Duke of Dantzic privateer was again ready to sail on
a long cruize, having lately returned from the coast of
America, and been refitted at Nantes. Her comman-
der is a member of the Legion of Honour.
A conditional rule for a criminal information was
granted in the Court of King's Bench, Dublin, on
..he 9th instant, against Lieut.-Col. MAGUIRE, for in-
sulting Lieut.WtwAss VERNER, of the 7th dragoons,
with intent to provoke him to fightia duel with a Mr.
NELSON.
WNW PARIM—The Merced, which arrived a few
,!ays ago at Plymouth, has brought accounts from
Africa, which completely pert an end to all hopes of
the existence of Mr. Mut:oo PAnxr., the enterprising
traveller. The research that had been made after
hem, tended fully to confirm the accounts previously
received of his dissolution. It seems the immediate
cause of his death was a fever, brought on by the
hardships and privations he endured. He drew Ins
Last breath in the hovel of an old Negro woman.—
not a vestige of his papers or memorandums had
*conceived.

at all these periods, had frequently exercised this right.
It was unnecessary for him to cite cases : the Report
of the Committee of the House of Commons was a
bead-roll of them. His Learned Friend, whose ar.
gument was one of the most ingenious he had ever
heard, had stated several cases, in which Courts of
Law possessed a right to decide on the Privileges of ,
Parliament. He (the Attorney-General) *Arrow-
ledged they had that right in some cases, but not
generally. He acknowledged they had the right, in
questions of privilege, arising incidentally, but not in
direct cases. The case of Benyon and Evelyn, upon
which so much had been said, was an action for goodi
sold and delivered, in which it was contended, that
Benyon was a Member of Parliament, and therefore
could not be sued ; the defendant contended, that al-
though Privilege of Parliament protected him from
arrest, yet he was liable to be sued. Upon this clues- I
'lion the Court, although it lamented the necessity,
did decide ; and Judge Bridgman observed—" the I
privileges of Parliament coming incidentally before
us, must be argued here ;" so the Attorney-Generatl
observed he was ready to allow that when cases came
collaterally before the Court, they were bound to de-
cide them ; but his Learned Friend, in citing this
case of Beyon aad Evelyn, forgot to point out how
it bore on the present, or how the present case could
be construed as an incidental question ; on the con-

dicial consideration. It had been said, ►oat when the
Court of Parliament committed for a contempt, it
was necessary to state what was the particular breach
of its privileges. This, IA thought, was unnecessary,
as was decided by the case of Lord Shaftesbury—it
being there held, that a statement of the offence ge-
nerally was sufficient. That no one ever thought of
the idea of bringing an action of trespass for such an
exercise of the pos. er of Parliament, was manifest
from the conviction at the same time, that such ac-
tion could not be maintained. Could it be maintain-
ed, there was little doubt that the experiment would
have been tried, nioreespecially in such turbulent times
as those to which he alluded. No pains werethen spared
to bring the subject to as fair and anxious a considera-
tion as possible. The subject, as he had before ob-
served, had gone through all the Courts of Law, and
they all came to the same determination of remanding
the party. From the recital of these cases, he con-
tended, that the Court of King's Bench would have
very little hesitation in adopting the course of those
enlightened Sages, who had pronounced, that the
Parliament had such power to commit. Admitting,
therefore, that the House of Commons had the power
to commit; it was of 'no consequence to the main
import of the question, in what manner that power
was carried into execution. There was a continued
stream of precedents, from the earliest times down