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I inclose a listasf the killed and wounded, and have lie bad- it ht. emit:A.lnd ken the Lord . Chamber-
the honour to be, &c. (Signed) is. o KEATS. lain to say, that having heard that it was the inten-
To Admiral Sir C. Cotton, Bart, act. tie. Ike. tion of the Proprietors of Drury-lane Theatre to
A Return ortke Killed. and Wounded in an Attack on Santa act upon their dormant patent, he intended to oppose
Maria, dth March, 181.1.
such a measure on the ground of illegality." On this
marord,..-samed Allen, seaman, killed ; William Spitler, me-
eine ditto; haul Bayley, Lieutenant of Mathes, wounded; subject a deliberation took place, which ended in an
William Nails, ScOcant of Marines, dangerously wounded (.ince agreement on their part to renew the running patent
send); James Darby, private marine, mortally wounded (since for 21 years, and not to act upon the other without
dead); Jos. Peters, private marine, wounded; James Gill, ditto, his Majesty's command. By the time these consul-
ditto; William Billings, ditto, ditto.
Alfred.—John Ingle'sy, corporal of marines, wounded. • tattoos were finally concluded, his Majesty's illness
St.Alliatie.-4oisia.::::.;=i, seaman, killed; Ivinc-13usea clitto: interrupted their immediate proceeding; but he could '
wnanded ; William Baldwin, ditto, &tn. I say, that after the establishment of the Regency, not
St. Jun.—Jobs Cato, seaman, wounded. an hour was lost. It was very far either from his
Hound —John Allen, ordinary seaman, wounde4 William
Pi'Donald, able seaman, dime. - wi:th or intention to find er.7 fitlt with the present
Diadem Transport.—Gaerga Garbutt, seaman, 'seceded.— projectors ; but novr that lie had, he hoped, satisfac-
Total s killed, 13 wounded. (Sigurd) R. Gt. L. 17.41. torily accounted for the delay which had taken place ;
with respect to the re-erection of Drury lane, he
should proceed to make a few remarks upon the bit: 1
before them. When this project was announced last
year, very splendid promises were held out. It was
promised, in the first place, that the new theatre
should be built on a small scale, for the advantage of
sight, hearing, &c. This was totally forgotten in
the present bill. It was promised, in the next place,
that the representations should take place at old
prices. Of this, also, there was now nothing. Above
all it was promised, that the plays should be legiti-
mate and selected, and that the drama should be con.
vetted into an instrument of morality. Not a word
about it now. What ! is it not enough that the small
scale must be silent, the old prices silent ; but must
your morality be dumb too ? (ii! laugh.) This was
not merely a personal question to himself ; as a trustee i
of others, he was bound to speak ; and as such, rather
than leave out an argument, lie must say he claimed
for them a inenop.ly. Monopoly might be a very
onpopular word, and he hated it as'much as any
man ;—but still, when it was acted on by others
,as a Right, he did not see why they should be de-
nied it. The Bank was a monopoly, the East In-
dia Dhection was a monopoly, Lord Gwydyr's moor.
ing-chains was a monopoly, the Duke of Richmond's
coal duties was a monopoly. He hoped, then, that
the House would not listen to any project, the effect
.pf which must be to ruin those who embarked their
fortunes under the faith of a similaeltnonopoly. The
present projectors, indeed, seemed to have little res-
pect to any thing that had been established before.—
They made in the very first instance two colossal
Strides, 'placing one foot on the chartered rights of the
City of London, and the other on the very preroga-
tive of the Crown itself. According to this Bill they
might build their Theatre wherever they chose in the
City—they might set it up at the nose of the Mansion .
House, or by the side of Gnildhall, or at , the Stock
Exchange, or the Royal Exchange, or wherever it
might suit their fancy. The Lord Mayor, however, i
would not give his permission to have any Theatre
erected in the City, as against its Statutes ; so that
the Gentlemen need not have troubled themselves to
give it the name of the " City Theatre." These
Gentlemen did not seem, however, much to stickle
at refusals or prohibitions. What was the case ? After
having been refused their demand by the King in
Council, that did not satisfy them ; but off they set
from the very Council Chamber to that House,- de-
siring them to supersede the King's prerogative, and
--7—"'",by a Legislative measure grant that which he in his
'wisdom had thought it prudent to refuse! He hoped
the House would not countenance such a proceeding ;
he hoped they would not deprive those who had em-
barked their fortunes its a monopoly of the just benefit
of it without any compensation. He spoke for those
for whom he was a trustee, and not personally. Speak-
ing merely for himself, he did not care whether the
bill went into a Committee or not; nor would he care
if they thought fit to build a theatre in every street.
He had now delivered to them what struck him upon
this subject, and should conclude without offering to
them any immediate proposition.
Mr. BROWNE said, if he had been in the habit
of addressing them oftener than he did, he should be
embarrassed by the mode of the Right Honourable
Gentleman's argument. He should, however, en-
deavour to give it some answer. When a similar
proposition to the present had been stated last year,
he had delivered an opinion ; and from that opinion
it was not his intention now to shrink. He was cont.
1 pelled to this from a sense of public duty, and most
I certainly not from the slightest personal heitility to
the Right Honourable Gentleman. In the wide circle
1
of that Right Honourable Gentleman's acquaintance
there was no man who more esteemed the extent, va-
I riety, and brilliancy of his talents—Wear, hear)—no
man, who more willingly or gratefully acknowledged
the acquisition which literature deriyed from the rich 1
stores of his composition. (Hear, hear, hear.) With
the most perfect sincerity, then, lie declared. that his
present conduct was solely actuated by public prin-
ciple. The Right Honourable Gentleman had asked
e reasons why a new Theatre was proposed to be
petted ? He wouldstell him. In the first place, be-
yuse the population of the Metropolis had of late so
much increased. In the next place, he would confess,
because the recovery of Drury-lane theitie appeared
next to impossible, from the notoritre of itiembarrass- '
meats, and the neglect to repair them—a neglectwhich
he supposed could only arise from an inability to pro-
.ceed. But he would say, that from the improve-
ment of public manners, and the vast increase of po-
pulation, were Drury-lane even in the 'plenitude of
ins prosperity, a third theatre would still be neces.
*amp n Very doubtful indeed.he was, whether Drury.
lane Theatre would ever again be able to raise its
`head ; and still more doubtful was he, if it did raise
'its head, of the likelihood of a new Theatre injuring
its interests. With respect to the asserted exclusive
rights given to the present theatres by the patent of
Charles the Second, he should just briefly consider
them ; and he could not avoid doing so, because he
considered not only the prerogatives of .the Crotti•
but the rights of the subject involved in the question.
—He must say, he much doubted the existence of
the prerogative over this species of amusement. Of
I every claim on the part of the Crown to exercise a
prerogative, the subject matter ought to be as an-
cient as the Crown itself, It should exist at the
time of the settlement at all events, if not, indeed,.
coeval with the throne itself. Now it was very wepi
known, that it was not until lately that the Stagsi
began to assume any thing of a settled character. He,
was ready, for argument's sake, to admit theliginal
grant of those patents : but still lie must deny any
right in Charles 11. to make any such grant. He was
not enabled thus to grant, in perpeiuo, an exclusive
-ight, which would destroy the prerogative as far ad


PzIRLMMENTARr PROCEEDIA;GS.
•

HOWE OF LORDS; MARCH 15.
BANBURY PEERAGE.
Their Lordships met early in a Committee,of Pri-
vileges on the Banbury Peerage, when, after the
conelasion of the learned argument of. Lord REDES-
DALE, and a variety of observations from the LORD
Cnamu.roa, Loid DARNLEY, and Lord ELLENBO-
ROUGH, the further consideration of the case was de-
ferred till to-morrow.
ROYAL ASSENT BY COMMISSION.
The Royal Assent by Commission was given to
the following Bills :
The Irish Sugar Drawback, the Irish Linen and Yarn Trade,
the Irish Linen Bounty. the Dublin Coals Imiiortation, the Be-
Firing Laws, and the Ware Paving and Lighting Bills.
The Commissioners were the Lord Chancellor, Lord Camden
and Lord Aylesford, '

•
LIBERTY OF CONECIENCE.
Lord STANHOPE gave notice, that he shotild
to-morrow (this day) move for the second reading 1
of hit. bill, for securing Liberty of Conscience to Dis-
senters of all descriptions, whether Roman Catholics,
or others ; or whether subsisting in general society,
or in the Military and Naval establishments of the
country.
Their Lordships then adjourned till to-morrow
(this day.)

HOUSE OF COMMONS.
A Messap front the Lords informed the House that their
Lordships had agreed to the Sugar Exportation Bill, the Popula-
tion
Bill, the Dublin Cual and Dublin improvement Bills, and the
Expiring Laws Bill, Without any amendments.
The Deputy Usher of the Bistk Rod summoned the House to
the House of Peers.
Sir WILLIAM PLONIER presented a Petition from the
Mayor, Alderineti, and Common Council, of the City of Lon-
don; but it was impossible to collect its import, from the indis-
tinct tone in which it was read by the Clerk.—Ordered to lie on

the table.
Several Papers from the Treasury were brought up, and or-
dered to lie on the table.
Mr. H. MARTIN brought up a Bill to amend and explain the
3kb of Geo. Ill• relative to Printers and Publishers; which was
read a first and second time, and ordered to be printed.
The second reading of the Western Fishery Bill was postponed
to this day se'nnight.
Mr. JOHNSTONE presented several papers at the Bar relative
to the fluanee of Ireland.—Ordered to lie on the table.
Captain MEI.LISH gave notice that he would make a motion
at a future day xespecting the payment of the Navy at home and
abroad.
Mr. SIiAW gave notice that he would move the House to-
morrow upon the subject of the embezzlement of masters, and
servants La Ireland.

NEW THEATRE RILL.
Mr. MELLISH having moved the second reading
of the above Bill,
Mr. SHERIDAN said, he had expected that the
Honourable Gentleman who brought this bill forward
would have given some reasons for so doing ; but he
found that he silently left it to its own merits, and to
that expected protection to which he must confess, in
his opinion, the unproved preamble did not at all en-
title it. He had seen, indeed, a printed paper which
was circulated in the House, entitled " Reasons for
the Erection of a Third Theatre." Among other
things, it spoke of his ,g splendid talents" being un-
able to reinstate the Drury-lane establishment. He
was grateful to them for the compliment, though he
must at the same time declare, that it was only ho-
nest in him to try by every means to restore that the.
atre which this application, if successful, must go fi-
nally to defeat. He had also to confess his gratitude
to the promoters of this bill for the very handsome
manner in which they had conducted themselves:—
so far from sheaving the slightest personal hostility
to him, he must bear testimony to their very gentle-
man-like mode of proceeding. The ground upon which
they brought forward their proposition was the insur-
mountable obstacle which they supposed existed to
there-establishment of Drury-lane Theatre. Now this,
in the first place, he must inform them to be totally
without foundation. Not only no obstacle existed to
their rebuilding Drury-lane Theatre, but even to their
building two theatres on their two patents, if they
should deem it expedient. Before ha proceeded far-
ther, he must remark, that though he knew very well
that on private bills concerning canals, roads, Sm. it
was the autism for Members to send about cards
and notices to their friends ; yet he must declare
upon his honour he bad not canvassed the vote of any
man, though many had spoken to him, but had lett
the Matter to stand, or fall by its own particular me-
rits. He did not deny that the ostensible ground for
the present application was very fair ; and that there
ought to be two or three theatres in the metropolis
he did not mean to dispute ; but when those Gentle-
men imagined that it was out of the power of the
Proprietors of Drury-lane to supply the deficiency,
he must beg leave fully to undeceive them on that
point. Last year the preset* applicants tried a pro-
ject similar to year
but it did not receive
countenance. The Drury-lane proprietors claimed
their right to the Act of Parliament, and that Act
accordingly passed through the House without the
slightest opposition, and the present-applicants there-1
upon withdrew their claim. It might be asked him
now, 4, Why, when that Act passed so unanimously,
did you not proceed .and act upon it ?" He was
aware of this question, and he hoped to be able to
give it a satisfactory answer. The fact' was, that
t after the Act luid been obtained; a point of discus-
sion arose between them and Lord Dartmouth,the

late Lard Chamberlain. Of' that Nobie Lard. he

wished to speak with all possible respect ; but he
-Must say, nevertheless,.that he seemed to be very ,
ill-advised indeed with respect to the extent cf his
official' powers. Lord Dartmouth, it appeared, was
advised to object to their acting on the dormant pa-
tent. He held in his hand a letter which he had re-
ceived on this subject ; it was dated on the 28th of
June, 1810, and 'the writer informed him 6, that

that point WAS tonterned, dal! future kings. A ilnw.
• 1/11:thadtt, 111/1.•
ing such a principle, would go at once to give the r Mr. C. WYNNE said, that he liaJ last year stated
prerogative which was attached to the throne into the reason; on which he brought in his Bill in so full
the hands of the King, and make the attribute of the a manner; that as there was then II.) rypotitian to it,.
Crown itself the limited and exclusive right of an and this was only a copy of the same, he had flat.
individual monarch. At the time of the Lr,urpation, tered himself he need not trouble the House to go into
it was knOwa that the theatres were closed, and not any detail at prTTent. Haring, however, understood
opened again till the era of the Restoration. At that that it would' this night be contended th r was no
time a vast number were opened, and the licenti ' ft Bill, he -

ee licentious- ' occasion for such a _ he hoped s _ might be per-
_
ness of the stage rose to such ran height, that it was 1 mitted to enter into some details ac to the nature and
considered prudent to limit the number of exhibitiens. I extent of the present Bill. He then proceeded to
Then two patents were given to Sir Wm. Davenant : enumerate the various statutes which the House
ind Killigrew:Vn;y, howeetere no men would sa ythii t had thought proper to pass, from time to time, for
• by these
.grants the Crown parted with its right, even *, the punishment of Bribery, and for the security of
in after-times to make one similar. Surely it would not the Freedom of Election. Still he said, ways antl•
be contended that one Kin; hail any power by a sweep. ! 'marls had been found to evade those several Acts,
ing clause to prohibit all his successors from exercising especially by the defects which ceisted in them as
r.r. authority which he himself had assumed. At ttat to the mode of giving evidence of. the' fact—one
time, and for some time after, there were only two of his clauses would, he Battered lihnsulf, remedy
theatres in London. Now, if k was true that the Act this defect. There were also mane "wicks played on
of Charles 11. bound all his successors; of course no . the subject of penalties incurred under these Acts. If
patents could have been granted since. But was that ' a person, knowing hiniself liable to several penalties,
the case? No. When after a short time these two I pointed cut another who was also concerned, and a
patents happened to come into the hands of one person, I penalty was recovered from him, the other party es.
a licence was given to Betterton, who setup a theatre I taped from all he had committed. It had been proved
in Lincoln's Inn-fields; after him, a licence was granted I already, that one Member had saved himself by this
to Collier, then to Rich, and afterwards to Garrick and trick. Another of his clauses would gusto that point.
Lacy. Taking these facts, then, he was justified in de- i 'When the late Act against bribery, which passed two
vying that the Patentees had any claim to tszclueive i years ago, was first brought in, it was argued against
rights in consequence of these patents. The Right it that the country had arisen to its then state of
Hon. Gentleman had attempted to cast obloquy upon prosperity under the system which had antecedently
the present applicants, in consequence of their now per- i prevailed, and that there was no occasion• to alter
sisting in an application which he said had been previ. I the Lew on that head ; but this argument did not
ously refused by the King inCouncil. From the general ' prove satisfactory to the House or toile Country, and
candour which the Right Hon. Gentleman had pursto I the Bill passed into a law. Still, however, it had been
ed in the preceding part of his arhument, he should `found, that Act was not sufficient ; for since it was
have scarcely expected such a declaration as this. One passed, seats had been bought and sold. He did not
would suppose, from hearing him, that the question wish to enter into details on these matters—they were
which had been objected to by the Privy Council, had very disagreeable ; but if Gentlemen of that House
been that of expediency; Whereae the filet was, that their would give them due consideration in their closets,they
only objection was to the mode of the Application. They must be convinced of the necessity of a Bill which will
refused to grant the petitioners a charter, on the ground more effectually prevent the progress of bribery. He
that it would be giving them an advantage over the, hoped the House would agree to let this Bill go to a
existing Theatres. The Privy Council in this step had Committee, in which they would be able to go into de.
taken the opinion of the Attorney and Solicitor-Ge- tails. After that, it they should not think it necessary
nerals ; which opinion was merely on the point of jus- to proceed any terther, he should severely lament the
tice in granting a Charter, and not on the point of passing of the bill on this subject two years ago, by
expediency in erecting a new Theatre. It was very which the House was in a manner pledged to follow
far from the wish of the present applicants to take up the business, and, if poseible, make that Act effec.
advantage of the calamity which had involved the in- tual. If they do not, they will desert their own pledge,
terests of Drury-lane, or to prevent its proprietors and render the Act a mere Bravo: fa:men ; an:hit was
from ever emerging from their. difficulties—they had easy to foresee what opinion the public would form of
no such wish.; so far from it, that be would say, and such conduct, and the clamours which would ensue
he believed he had interest enough to effect his pro-
in consequence of it.
posal, that if the Right Hon. Gentleman would de- •
Mr. BRAND objected to the principle of the bill,
dare that he believed the re-erection of Drury-lane on the ground civet no good could arise from it, unless
was probable or possible, the present Bill should be the House went into a general and comprehensive
suspended until the point was settled.—(Hear, hear, view of the subject. , He thought his Honourable and
hear.)—Let the Right Hon. Gentleman only make Learned Friend would find great difficulty in applying
his personal declaration, that the re-establishment of partial remedies to general evils. It was his (Mr. Pe's)
Drury-lane was not impracticable, and the Bill should intention very soon after the Easter recess, to bring in
be fur a time withdrawn. He did not mean to say, a bill on this subject, on a much snore extended scale,
that the projectors would thereby pledge themselves for the remedy of this evil. The common tricks at
not again to come forward in case they found it expe- general elections were too various and numerous to be
dient ; but he wished to shew that they were willing reached by such a bill as that now before the House.—
and anxious to give the Right Hon. Gentleman everopportunity of repairing the misfortune which had in-
y Anxious as he was to bring forward a flan for a mo..
derate reform in the representation of the people, his
volved the interests of many sufforers.—(Hear, hear.)
Mr. WHITBREAD said, he should beg the at- Honourable Friend might rest assured he would lose
no time in bringing ihrward his measure : and as that
tendon of the House till he offered a few observe-
would embrace die• subject in a mere extensive way,
tions on the subject. He had no interest in the Drury- lie hoped his Honourable Friend would consent to
lane Theatre more than the share he took inthe general withdraw his bill.
calamity that had befallen the proprietors, and the very Mr. JOHNSTONE objected to the bill. The Hon.
great personal regard and affection he had so long Gentleman had said, that seats in that House had
entertained for his Right Hon. Friend near him.(Mr. , been bought and sold since the passing of the Act on
Sheridan) who had so large a stake in that concern ;
but if he even had not previously had that regard, this subject two years ago ; but lie had nut mentioned
the places ; there was no evidence or it, and he (Mr.
the dignified manner in which his Right Honourable
Friend conducted hilliself on receiving the first Intel- Johnstone) did not believe tl,e fect. The clause in
the former Act was for the purpose of discovering
ligence of that melancholy disaster, which 'happened
bribery. It was said that the provisions of a subse-
to be in that House, and which must be strong in the
quent Act screened persons that had been guilty of
memory of many Members who were then present,
would have impressed him with the most lively into- bribery. If Gentlemen would, however, consider the
Cricklade case, they would see that a Noble personage
rest in his favour. Theatres were places concerning implicated in those practices was not screened by it,
which he had but a very small personal knowledge ; but paid at least £20,000 in penalties. Although
but his name having been inserted in the Bill with
1 there might be an instance of a single Member having
those of many others of his friends, lie had felt it screened himself in the way alluded to, yet it was not
a duty incumbent on him to give it his utmost at-
tendon ; and he had the satisfaction to inform the Hon. worth legislating for a single instance. He objected,
however, principally to the fundamental change that
Gentleman behind him, who had just sat down, that
there is at this moment a very great probability of this bill would introduce in the law of evidence, by
compelling witnesses to criminate themselves.
Drury-lane Theatre being re-established. Terms had Mr. CURWEN was surprised at finding, that his
been proposed to the renters and share-holders ; great
I Honourable Friend ( Mr. Brand) thought that nothing
numbers had accepted the proposition, and there were
short of radical reform would do good, but should
reasonable grounds for hope the remainder would do
the same. He did not wish, therefore, now to oppose rather be opposed as likely to do mischief. However
attached he was to the , principle of a reform in the
the second reading of the bill, the Gentlemen cones': 'representation, he was not .sangnine enough to think,
ned in which had conducted themselves in so truly that any great change Was now practicable, nor did
satisfactory a manner ; but he would propose that. :eve that •among those who were most anxious
they should defer the second reading till this day Six about jt..many could be found whose opinions agreed
'weeks, and in the course of that time he had no doubt as ta the sore of change they would wish for. As to
it would be fully ascertained whether Drury Lane the bill which he had had the honour of bringing in
Theatre would be rebuilt or not. Should if turn out on a 'farmer session, after all the alterations which it
that it cannot be effected, the Gentlemen concerned in
had met in the House, he had very slight hopes of its
the present bill would have time enough to proceed in
being efficient; but he had hoped that other men of
it during the present Session ; and in case Drury-lot e i greater talents than himself would have taken up the
should be rebuilt, they may, at the end of the time
I principle of that bill, and the declaration of its pre-
proposed, either take the sense of the House on the se- I
amble to which the House appeared pledged, and
cond reading, or withdraw it till another Session, as introduced measures more likely to be efficient. As
they might then deem most proper and desirable.— to the Honourable Gentleman (Mr. Johnstone) who
1 He concluded by moving, That the second reading
;now said something of moderate reform, that Gen-
of the bill be deferred to this day six weeks.
' tleman had been the first to object to the bill he
The SPEAKER having put the question on the had brought in. It was notorious, however, that
amendment, I the House of Commons did not at present enjoy
Mr. MELLISFI said, that not having an
,oppor- I that degree of respect and attachment of the people
tunity of conversing with any of the.pasties at Whose 1 which a House of Commons ought to have. It was
instance he had undertaken to bring in the bill, he did , impossible to defend the manner in which the House
not feel justified in acceding to the proposition made I of Commons was now formed ; he should, however,
by the Honourable Gentleman, though he felt every . be content, if lie saw a gradual but constant progress
disposition on his own part to do so : but if the Ho- Ito reform it. It appeared to him, Alt if even one
nourable Gentleman would consent that the second single case could be shewn where a nber of Par-
reading should stand for any day in the course of' the
: Lament had actually screened himself from the pe-
next three or four weeks, till he could consult those
nalties of the laws against bribery, by the trick of
who had entrusted him with the management of the
to adopt the e induced, turning informer against some other persons and being
bill, he thought they might b
thus himself indemnified, that single case would be
mode proposed.
I ground enough to induce the Legislature to take
Mr. WHITBREAD said, that if there should be
measures to prevent the recurrence of such a shame-
no other opportunity of bringing it in this Session, he
ful case. He thought that a person implicated in such
would be right in not yielding to the Amendment ; transactions ought not to be permitted to sit in that
but as that was not the case, he saw no ground Howe. He thought that this Bill ought at 1 to
. .
for opposing it. ! be permitted to go into a Committee, in o t
Mr. MELLISH said, that as the sense of the it might have the fullest discussion, If they Ao
House appeared to be against him, he would not so get rid of this measure without a full discussion, they
far injure the cause of those for whom he acted, as to need not expect that the people at large would believe
call Ow a division. , that it was, that their purity was so great that no re-
The Amendment was accordinaitrcarried. 1 font was necessary. Ost the contrary, they would
__A

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