The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-11-27 00:00:00

THE LIVERPOOL STANDARD.

Pilot Committee room, Nov. 20th. 1835.
A T a MEETING of the PILOT COMMITTE, held
I& this 20th November, 1835,
It was ordered,—
let. That it shall be one of the duties of. th 41(1aster Pilots
to take charge of all Outward-bound Vessels u 500 Tuns Bur-
then, or upwards, and of all Vessels drawin 'ore than 17 feet
water,

2d.:—That, for the purpose of carrying this resolution fully
into effect, Eleven additional Master Pilots be appointed, but
who shall not he Masters of the Boats.

3d.—That the above Resolutions come into operation on the
first day of December, 1835. By Order.

D. ROWLAND, Secretary.

FOREIGN INTELLIGENCE.

SPEECH DELIVERED BY HER MMESTY' THE
QUEEN REGENII AT ThE SOLEMN OPENING
OF THE GENERAL CCRTES OF THE KINGDOM#

ON THE 16111 OP NOVEMBER, 1335.

Illustrious Proceres and Procuradores of the Kingdom,,

The meeting of the Cortes, which, in concurrence with
the government of my august daughter, has to deliberate
upon the questions most interesting to the good of the
nation, and the state, will ever be gratifying to me; but
never more so than now, when a new era arises of recon-
ciliation and patriotism. My heart is rejoiced beyond
measure in contemplating the loyalty and sensibility of
the Spanish people, and conceives the well-grounded
hope of shortly seeing terminated, by the sacrifices of
this great nation, the calamities of civil war. I have the
greatest pleasure in expressing to you sentiments which
are so agreeable to me, both as the mother of Isabella 11.
and as the Queen- Regent of Spain. I have placed my
confidence in the ministers, whom I see honoured by that
of the nation. If the representatives of the Spanish
monarchy, who at this moment surround the throne of my
beloved daughter, favour them equally with theirs, -I
HOPE, without having recourse to new loans or increase
of taxes, to be able not only to put an end to the war
with the factious, and meet the extra expenses
.of the
government, but also to improve the condition of its cre-
ditors, both -national and foreign, and fix public credit
upon- a solid basis. _ The sovereigns who signed the
treaty of the Quadruple Alliance continue to give me re-
peated proofs-Of their adhesion to the principles contained
in it, assenting to Whatever my government deems
favourable to the holy cause which we defend. To this
treaty my august daughter is indebted for the ample
supply of arms and ammunition furnished in support of
the throne by my august ally the King of Great Britain,
and for the permission granted by that government to
the English auxiliaries to take arms in its defence.
Yaithful to the same confederation, tkl King of the
French, my august uncle, has also authorized the removal
from the coast of Africa to that of Catalonia of that
foreign legion which has already begun to render essen-
tial service to our just cause. • We have reason to hope
for similar results from the assistance of the ten thousand
Portuguese, who, according to the convention made with
her Alost :Vaithful Majesty, my very beloved cousin, have
already commenced their entry into our territory. Their
Nlajesties the Emperor of Brazil, the Kings of P)enmark,
Sweden, Belgium., and Greece, the Republic of the Uni-
ted States of North America, continue with us the perfect
union and friendship which they have constantly pro-
fessed.

Our relations with other powers are conformable to
the line of policy which those governments still follow,
and to the dignity and independence of our nation.
•.egotiations have been opened with the States of
Spanish imerica, and 1 have thought it conducive to the
interests of the nation and of the throne, and befitting the
confidence which the Cortes inspire in me, to consult
them on a negotiation of such importance and weight,
reserving the prerogative of the Crown. The fidelity of
the valiant army of my august daughter, fully proved in
the alterations of the cruel war in the north; and its con-
stant adhesion to the national cause, are superior to all
praise; it is enough to say that it has worthily sustained
the reputation of the panish army. The rewards be-
stowed upon it, though just and merited, have been,
however, inferior to my desires, straitened by circum-
stances. One alone which fulfils my wishes is the erection
of the Hotel of Invalids, an establishment worthy of a
beneficent and warlike nation.
• The urgent necessity for speedily terminating the civil
tt ar will cause an increase beyond the ordinary lithits of
the army, already augmented by the addition of foreign
auxiliaries, whose valour and excellent discipline inspire
the best hopes. The sacrifice will be great, though tem-
porary,. but the equality with which the enlistment has
been made has been approved of by the nation, essentially
the friend of justice. The proofs of the enthusiasm and
disintereduess which I daily receive from all classes of
the Stare, demonstrate that to SpaniardS nothing is ardu-
oils or difficult When there is a necessity for defending
the throne and.the country. I have thought it advisable
to give to that part of the nation armed in defence of in-
ternal order, and mobilized in case of need for active ser-
vice, the name of the National Guard, which appears to
express, with the greatest exactness, the object of this
salutary institution. Its regulation requires several mo-
difications, which will be proposed to you. Many worthy
Spaniards, the greater part of those inscribed among the
National Guard, have given testimony with their blood
of the patriotism which burns in their hearts.
I cannot forget such noble sacrifices, and have there-
fore ordered that the orphans of those who have perished
or who may perish, at the hands of the factious victims
of their attachment to the cause of their legitimate
throne and the liberties of the country, may be educated
at the College of the Union, a name which has appear-
ed to me the.most proper, inasmuch as the epoch of its
foundation is also that in which all true Spaniards have.
become-reconciled and reunited.

Three priijects of law of the most important nature
will be presented to your deliberation :—lst. Respecting
the elections, which is the basis of all representative go-
vernment ; 2d. Upon the liberty of the press, which is
its soul (alma) ; and, lastly, upon the responsibility of mi-
nisters, 'which is its completion, by assuring, and at the
same time rendering the inviolability of the monarchy
compatible with the rights of the nation.
Various useful decrees have been issued by the Secre-
tary of the Treasury, particularly that which tends to
diminish the number of those condemned for violations.
of the customs-laws, and it is grateful to my heart to re-
fer
to this, because its object is to alleviate the unfortu-
nate, and to restore to society many brave hands, with
benefit to agriculture and the arts, and no less advan-
tage to public morality. But it has not been possible
yet to form a general plan for the regulation of this
vast branch of the public service. I trust you will, au-
thorise my government to introduce into it such modifi-
' cations as may be deemed advantageous, and to place
them in a situation to present to a future Cortes a com-
plete system for the administration of the treasury. As
soon as the amount of the revenue, which these modifi-
cations are producing, and of the whole of the ordinary
and extraordinary expenditure, shall be ascertained, the
accounts shall be duly laid before you ; but, under the
existing circumstances of the nation, it is impossible to
present any estimate at this moment. I believe my go-
vernment worthy of this confidence; but the cortes will
trust to them as they see fit.
In the judicial order many abuses have, disappeared,
and a regular and uniform system has been established
for the practioe of the tribunals. You will continue to
apply yourselves with zeal and perseverance in the adop-
tion of new laws relating to and for the government of
the clergy, which body, composed of prelates and other
individuals full of virtue and intelligence, will not cease
their labours until these measures shall be completed..
A project of law for fixing in a decorous manner the lot
of the regular clergy will be presented to you.
We owe thanks to Divine Providence for the good
state of the public health, and for the harvest of this year,
which, if not over abundant, is still sufficient. The
Cortes will be made acquainted with all that has been
done, and all that is meditated, in matters of adminis-
tration in favour of the people. " To these belong the or-
ganization of the Ayuntamientos and the Provincial -.l)e-
-putations, a new regulation of the civic governments,
and the municipal and popular character which will be
given to the police—the destruction of the obstacles and
checks which have hitherto opposed the free transit of
persons and goods from one point of the monarchy to
another, and, in fine, the improvements made and pro-
jected in the system of instruction, for the perfection, of
which no expense would appear to me excessive.
The property of the corporations, the woods, and the
public granaries have called for my particular attention.
Alaw will be. presented - to you for the!alienation-orthe
first,- drawn up in such a manner that, without diminish-
ing the value of these estates, or prejudicing the towns,
the product of their sale may cover the expenses of the
system of roads and canals which it is contemplated to
establish within a few years, and which being favoura-
ble to transit and to commerce, will give a value to pro-
duce, and consequently to estates, the price of which
will rise in proportion as they are thus fertilized. Pri-
vate wealth and that of the state will increase thus in ra-
pid progression, and the national property, devoted to
the extinction f the national debt, will be sold at its just
value : much more if the. public granaries, being pre-
served for their ancient and beneficent purposes, are
made to serve also as the basis of provincial banks, which
shall be formed to favour the speculations of industry;
and among these the most important in its- consequences,
public and private, is the purchase of the national pro-
perty. The government, convinced that it is never a
good administrator of this class of property, proposes,
with the concurrence of the cortes, to make an imme-
diate sale of all that is now in its possession, and of all
that, from similar causes, may belong. to it in future.
The system of communication, which is of the greatest
necessity to Spain in material organization, refers to the
convention concluded with her Most Faithful Majesty re-
specting the navigation of the Douro, which will be ex-
tended to that of the Tagus, the Minim, and Guadiana.
Such are, illustrious Proceres and gentlemen Procure",
dores of the kingdom, the important questions which are
to be submitted to your deliberations. From the loyalty,
patriotism, and wisdom which distinguish you, I hope for
the most happy results. A representative government
is that which is most conformable to real civilization : my
intention is that this nation, so worthy of being free and
happy, shall enjoy the liberties which emanate frorn that
regime, united with public order—a requisite condition
in all human society. This magnanimous people have
made, and continue to make, great sacrifices to sustain
the throne of my august daughter. My name is associ-
ated, perhaps by a particular disposition of Heaven, with
these generous efforts; and I shall spare neither watch-
fulness nor sacrifice to obtain for the Spaniards a worthy
recompense in the
.consolidation of their liberty and
their future happiness.

LONDON AAW AND POLICE COURTS.

COURT OF CHANCERY-MONDAY.

IN THE MATTER OF ISAAC.

Mr. Girdlestone moved, under the statute of 6 Anne, c. 18
for-an order to-compel John Isaac, of Liverpool, to pi o:luce a
woman named Elizabeth Grindley, one of the cestui rine vie in
a lease of lends made by. a. gentleman of Lancashire, named
Lloyd, to certain persons now represented by the defendant
Isaac. The application was supported by affidavits, stating
that two of the erstai que vie had been dead fur some time, and
that it was believed the third, namely Elizabeth Grindley, was
bowels() dead, as Isaac, notwithstanding repoated demands, has
refused to produce her, or state where she was to be -found. The
application was made on the part of Mrs. Lloyd, the widow of
the granter, and the reversioner, under his will, to the lands in
question.
.

Sir C. Pepys having looked into the affidavits, made the order
as prayed.

COURT OF EXCHEQUER-MONDAY.
WANLEY V. SMITH.

This was an action upon a bond given by defendant to the
overseers of the parish of Alyddleton, in the East Riding of
Yorkshire, to indemnify thew from all liability to charge for the
maintenance of defendant's illegitimate offspring. The bond
was given before birth, and by it defendant bound himself to
defray all costs of maintenance, &c., of his child, so that it
should not become chargeable to the parish. In the progress of
time the child grew up to manhood, married, and, after he had
arrived at the age of twenty-one, became chargeable to the
parish. The overseers brought their action upon the bond for
£2O costs incurred in maintenance. To the declaration the de-
fendant pleaded that the pauper, having attained his majority
of twenty-one years, the bond was no longer obligatory upon
him. To this plea plaintiff demurred.
Mr. Henderson now argued in support of the demurrer. The
conditions of the bond, he contended, were absolute. The
obligor bound himself to save the parish harmless from all costs
for the maintenance of his illegitimate offspring, and this obli-
gation was not limited to any particular period or portion of the
life of the pauper. The breach had arisen, and the defendant
could not evade reimbursing the parish in the amount of costs
to which they had been exposed. The word "child" in legal
instruments was not to be taken ltierally.
The court considered the plea a good answer to the declara-
tion., The chargeability of the party, as contemplated by the
bond, ceased upon his coming of age.

EXPARTE VISCOUNTESS KIRKWALL.
Mr. 'Miller applied to the court for a writ of habeas corpus to
bring up the body of Viscountess Kirkwall, who had been
forcibly carried off under very extraordinary circumstances.
The learned gentleman said there were many circumstances
,connected witti the case whichit would not be advisable to inen.-
lion in open court. instead, therefore, of reading t)se whole Of
t, the lou affidavits upon which he founded his motion he would
simply state their substance. The learned gentleman then pro-
ceedid to state that certain individuals, whose names he would
not in that stage of the proceedings mention had procured
the arrest of the Viscountess Kirkwall to answer sinister de-
signs of their own. Her ladyship, knowing there were writs out
agaitist her, had been obliged to conceal her place of abode.
These debts, he ought to mention, remained unpaid solely be-
cause the Earl of Orkney, her ladyship's father-in-law, pre-
vented her front receiving her rents. Two actions had ansen
out of these proceedings, and in both he was instructed. While
these suits were pending, her ladyship, only a few days ago, was
arrested by a sheriff's officer, and carried to a lock-up house.
While there she communicated to her attorney her suspicion
that Lord Orkney entertained some project against her per-
sonal liberty, and she instructed him to apply to that court. She
had not long been detained at the lock-up house before she was
informed that she was at liberty to leave it, her debts having
been settled. Upon her descending to the street door she was
seized and forced into a carriage, Lord Orkney taking his seat
upon the box. The carriage drove off rapidly, notwithstanding
the cries of murder and loud supplications for aid uttered by the
viscountess. Representations were made at the time that the
party were only going to take their prisoner to Whitecross-
street, but upon inquiry in that quarter no such person was to
be found. In fact she had not since been beard of. There were
many other circumstances in the case with which he did not
think it necessary to trouble the court. He believed he had
stated enough to induce the court to grant the writ. He had
formerly obtained a writ in a similar case where the parties were
the wife and son of a very old man who was in his dotage.
Mr. Baron Parke.—ho you know who now detains Lady
Kirkwall?

Mr. Miller.—lt is supposed she is in Lord Orkney's house,
about twenty miles from Loudon.

Mr. Baron Parke.—You may have your writ; and let it be
made returnable the day after to-morrow. The plaintiff is not
supposed to be privy to this transaction ?
Mr. Millen—The only person suspected is Lord Orkney.
Mr. Baron Parke.—Do you imagine the Earl of Orkney is
acting in collusion with the plaintiff?
Mr. Millen—We do not. my lord.
Rabear granted, returnable_ last day of Term.

COURT OF EXCHEQUER.-TCESDA Y.

(RECOVERY OF COSTS FOR ATTENDING REVISING BARRISTERS'

counT.)

SOAMES v. R.kWLINS.—COURT OF REQUESTS.—The particu-
lars of this case have already appeared in the Morning l'ost of
Thursday last, when Mr. Kelly obtained a rule for the Com-
missioners of the Court of Requests to show cause why a prohi-
bition should not be issued to stay further proceedings upon an
order of the Commissioners, calling upon the defendant to pay
an award of compensation to the plaintiff fur loss of time in at-
tending before the Revising Barristers to defend his right to
vote in the election of members of parliament.
Mr. Fenn, the bookseller, of Charing-cross, now appeared
to show cause on behalf of the Commissioners, of whom he was
one.

Mr. Kelly, at the request of Lord Abinger, stated the grounds
upen which the rule had been obtained.
Lord Abinger asked if the reform act centained any provision
entitling the plaintiff to costs ?
r. Kelly—None at all.
" Lord Abiuger objected to Mr. Fenn showing cause, because
he had not taken out an office copy of the affidavit, whirls the
court required in all such cases. The court could nut make a
distinction in favour of Mr. Fenn.
Mt. Walker (one of the counnissioners) observed that,„tie the
commissioners gave their services gratuitously for the further.
ance of justice, they ought not to be put to the expense of taking
office copies of affidavits. They were, besides, servants of the
crown, and ought, therefore, to be defended by the law officers
of the crown.
Mr. Kelly said he was willing to waive any objection on that
ground. .
Mr. Baron Alderson said that the object of the rule was to
produce a revenue, so that the public were concerned in their
adherence to the rule.
Mr. Feint was then allowed to proceed. He stated at length
the circumstances that occurred in the Court of Requests. Ti7e
defendant was formerly a parish officer,
and having been dis-
charged from that employment he obtained occupation front the
conservative committee in objecting to voters. He held in his
hand one of his notices.
The court intimated to Mr. Fenn that he must confine hint-
self to the question before the court, as contained in his affidavit.
Mr. Fenn said that one of the grounds upon which it was al-
leged the order of the Court of Requests had been obtained was,
by a political bias on the part of the commissioners. Now lie
could declare, by virtue of his oath, that this allegation was un-
founded. The commissioners had given the subject their best
consideration, and had conscientiously decided upon the merits
of the question as they understood them.
Mr. Baron Parke—We have nothing to do with politics here.
Political considerations had nothing to do with the reasons upon
which the rule was granted.
Mr Fenn contended that the Reform Act gave power only to
object to voters whose names ought not to be on thelist. It gave
no power to make objections to persons who had a legal right to
vote. He (the plaiiitiff) bad a right to vote, but in consequence
of his having been served with a notice of objection by the de-
fendant, he had attended before the Revising Barristers for
three days, and by proving his title to a vote shown that the de-
fendant's objection had no good foundation.
Mr. Baron 'Alderson—ll he was wrong, the case ought to
have been tried in another court.
Mr. Fenn.—This is a court of conscience to try right and
wrong between man and man.
Lord Abinger.—lf there was a charge of assault made before
you,*you would convert it into a debt?
.Mr. Fenn.—The plaintiff has a large family, and his time is
very valuable to him. I think that in equity the plaintiff is en-
titled to his claim, and nothing on earth will induce me to think
otherwise. The defendant brought the plaintiff three days be-
fore the revising barrister, and I think he was entitled to com-
pensation.
Mr. Walker considerid that if they refused to entertain this
case, the Court of King's Bench would grant a mandamus to
compel them. if a prohibition were issued in this case it would
considerably limit the business of the Court of Requests. It
was customary with the magistrates, if a person broke a window
in the street, to send the party before that court to decide it.
Lord Abinger-said that the court were of ()Pinion that the
Court of Requests had jurisdiction over nothing but debts, and
in deciding on such 'matters they could exercise their jurisdic-
tion equitably or legally, but beyond it their power did not ex-
tend. No doubt they had acted through mistake in this case,
and though inconvenience might arise from circumscribing the
business of the court, it was for parliament, and not for this
court, to apply their remedy.—Rule made absolute.
COURT OF KING'S BENCH.—TVESDAY
• • I

CRIMINAL INFORMATION.—REF V. HAYWOOn.

Sir'W. Follett (with whom was Mr. Sydney Taylor) said he
was instructed to apply to the court, on behalf of Lieut.-Colonel
Wile-Menne:if-asset Vairman, for a rule to show cause why a
criminal information should not be filed against Mr. Joseph
Haywood, for a letter written by Mr. Haywood to Lord Ken.
yule. Colonel Fairman stated in his affidavit that he was, and
had been for twenty years, a member of the Loyal Orange As-
sociation, and that the members of it were not bound together
by any illegal oaths.
Lord Denman asked whether he said that they were bound
by any oaths whatever? for if they were, this court could not
take Isis construction as to the legality of the oaths.
Sir W. Follett replied that the affidavit stated that they were
not bound together by any oaths, hut that the professed and real
principles and objects of the members of the association were
to the utmost of their power and ability to maintain and pre-
serve the succession of the crown of those realms, as by law es-
tablished. On the 24th October last a letter was received by
Lord Kenyon, at his residence in the country, from Mr. Hay-
wood, and-that letter had since been shown to other persons,
who had identified the handwriting ; that letter was the ground
of the present application fur a criminal information ; it pur-
ported to be addressed to Lord Kenyon, and was to this effect :
"October 21, 1835.
"My Loyd,—On Sunday.last I received a circular, purport-
ing to emanate from your lordship, having your lordship's name
affixed thereto, as D. G. M. of England and Wales, though in
reality I conceive it to be the effusion, of your officious agent,
for savours much of his malignant temper and traitorous dis-
position. It is addressed—. To the true, and loyal Orangemen
of England.' Be it so. Then I aver it to be quite adapted to
the brethren alluded to in the circular, but who your lordship
would now seemingly wish to expose; in doing which your loru-
ship is perhaps not aware of exposing yourself. The brethren
who met me at Wakefield are Orangemen, claiming and main-
taining their civil rights and religious liberties. as secured to
them by Kind William 111., Prince of Orange, whose name we
bear, cherishing the principles of our creed as published by your
direction—viz., hating no one on account of his religious- opi-
nions. We bear true allegiance to his Majesty, which, I pre-
sume, is more than yonr pretended brothers do, as I shall here-
after notice to your lordship; for when I read the sycophant
language of the ex-colonel in the circular, it reminds use of the
hired menial's mission and conduct on his late tour throughout
the country, at one guinea per diem, coach-hire, &c., whom the
illustrious, high-principled, and inflexible G. M., (as you term
him in the circular.) and yourself eulogised so much for his ser- s
vices in supporting he Orange cause. He was sent on a second
tour, as appears by the Grand Lodge circular of Feb. 15, 1833,
upon the same expenses, with incidentals allowed ; and because
I exposed his extravagance and wilful waste at Airdie, in Scot-
land, (where he distributed money and wine in the streets,) I
have been thwarted by him with all the arrogance he was 'nes-
ter of. When you last wrote me, your lordship dictated bro-
therly love and good feeling; 'if so, why send, through the use-
dium of Your hireling, a circular, and leave the post to pay,

when your-lordship might. have franked it as before? But why
send one at all? Why threaten us with cancelling our war-
rants, and expelling us? We tell you again, my lord, as we
told you before in a printed circular I drew up at Wakefield,
that we had entirely withdrawn ourselves from the Grand Lodge,
oa account of your exactions and tyranny, by not only compel-
liug our principles, but our money, to support it. My lord, this
exposition of us, as you term it, is an exposition of yourself, and
I have no doubt will soon be found out, to your. lordship's mor-
tification. Your lordship, in the circular, says nothing about
ali the lodges in London having tendered in. their resignations
to the Grand Lodge, except 2i6, William Thompson, a man of
your own. No, this would not suit your lordship.
" Now, my lord, as exposition seems to be the order of the
day, I should wish to ask your lordship a few questions on
the subject. Did not his R. 1:1. as G. M., and your lordship as
D. G. M., know what your missionary, Colonel Fairman, had
done on his first tour in 1832? or, rather, did he not act under
his R. H's and your lordship's directions? and was he not under
those directions instructed to sound the brethren how they would
be disposed in the event of the King (William IV.) being de-
posed, which was not improbable, on account of his sanctioning
the reform of parliament? and, if so, it would become the duty
of every orangemen to support his R. H., wh would then in all
probability be called to the throne. And was he not echoed at
Barnsley, when putting these questions, by a bloodhound in the
shape of a man calling himself a loyal brother, saying, • he
wished every catholic was placed at the mouth of a 36-pounder,
and he had the filing of it off, he would blow them to - ?'
• " Now, then, my lord, if the diminutive agent did make such
an oration, you must know of it; and, if so, I would ask you
who ire the true orangemeu of England?"
Colonel Fairman stated that he believed the part of the letter
speaking of the " traitorous designs" alluded to him. The part
of the letter of which Colonel Fairman chiefly complained was
that which charged him with having sounded the brethren of
the association as to their willingness to support his Royal
Highness the Duke of Cumberland in the event of his present
Majesty being deposed, Lord Kenyon's affidavit stated, that
for _fourteen years he had been Deputy Grand Master of the
Loyal Orange Institution, and that he never instructed Lieut.-
Colonel Fairman, or any other person, to sound the brethren
. how they felt disposed, in the event of King William IV. being
deposed on account of his sanctioning the reformed government,
nor did he instruct the said Lieutenant-Culonel Fairman, or
any other person, that, in the event of his Majesty being de-
posed, it would become the duly of every orangeman to support
his Royal Highness the Duke of Cumberland, who would then
in all probability be called to the throne, as the said Joseph
Haywood had falsely insinuated ; nor did he give any. instruc
tious or orders to the said Lieutenant-Colonel Fairman, or to
.any other person connected with the Loyal Orange Institution,
or to any other person whomsoever, than what were consistent
with the allegiance and duty of loyal and faithful subjects of his
'Majesty, and the preservation of the succession to the crown of
these realms as bylaw established. The affidavit also stated,
that during the time his lordship had exercised the office of
Deputy Grand Master of the Loyal Orange Institution he never
knew, nor suspected, nor did helelieve that any design to alter
the succession of the crown, or any disloyal or treasonable de-
sign was entertained by that body collectively, or by any of its
members. .

Lord Denman inquired on what day the letter of the defend-
ant to Lord lieu non bore date ?

Sir W. Follett replied ou the 21th of October last. Col.
Fairman, in his affidavit, says he never did receive any direc-
tions, instructions or request, desire or suggestion, from any
person or persons whomsoever, to sound the brethren or mem-
bers of the • Loyal Orange Institution, or any person whatso-
ever, or to inquire of or ascertain from such brethren or any
other person or persons whatsoever, bow they or either of them
felt or might feel disposed in the event of our Sovereign Lord
tlie King being deposed on account of his sanctioning the re-
formed government, nor was he instructed by any person that,
in the event of his Majesty being deposed, it would become the
duty of every orangeman to support his Royal Highness the
Duke of Cumberland, who would then, in all probability, be
called to the throne; nor did he ever receive any instructions
or orders from any person connected with the institution that
were not strictly consistent with the allegiance and duty of all
loyal and faithful subjects of his Majesty, and the preservation
of the succession to the crown of these realms, as by law esta:
tablished. He further says he never did tell or inform the said
Joseph Haywood, or any other person whomsoever, that he had
been directed by Lord Kenyon to sound the brethren how they
felt disposed, in the event of his Majesty King William lA'.
being deposed, which was not improbable, on account of his
sanctioning the reformed government; and if so it would then
become the duty of every oraugeman to support his Royal
Highness the Duke of Cumberland, who would then. in all pro-
bability, be called to the throne; and that he never did, directly
or indirectly, sound the brethren or any of them as to how they
felt disposed in the event of his Majesty being deposed on ac-
count of his Majesty sanctioning the reformed government ; nor
did he ever address language of the like purport or meaning
to the said Joseph Haywood, or any other person ; and that he
never did put any questions, either at Barnsley or elsewhere, to
that or the like eifect; and that the insinuations to that effect
in the libel are wholly untrue, and without foundation.
Lord .Demnan asked when Col. Fairman first knew of this
letter having been written?

Sir W. Follett said that he knew of it shortly after the pub-
lication 'had taken place. An affidavit could now be prepared
to account for the-delay in making the motion. The del;:y arose
from the absence from town of Col. Vairmau's solicitor. The
application was in time, according to the rules of the court.
Lord Denman said that it was;- but that as this was an appli-
cation to their discretion, the court liked to be satisfied as to
the circumstances on which that discretion wr.s to be exercised.
Rule granted.