The Statesman.
London, England, 1814-07-19 00:00:00

t N.

lion of the pillory, I appeal to the Statute Book c ..
there we learn, that when a man has committed a_
.0,4 I ,!iir
paltry crime, he is whipped and imprisoned ; if ha
commits it again, he is whipped again, but with more
severity ; but if he commits it a third time, then,
with the Book, " lie shall he deemed an incorrigible
rogue ;" that is, he is abandoned to the discretion of
the Magistrate, who may apply him to any lgeomi-
nious purpose, without taking away his life, sash as
that of exciting a virtuous detestation of his crimes
among the people, by exposing his person, and even
permitting them to pelt him, like a Shrove-tide cock.
I am not one of those that would take away from
a Magistrate all discretion ; but I contend that this
is a point on which the Magistrate is, in a particular
degree, amenable to the public opinion, and particu-
larly from its being personal, for here it is that he
generally exhibits hi* private character. He has a
rule to go. by, if he pleases. Est moths iss rebus
ultra citraque acquit consistere Rectum. He who
will not attend to this rule when seated on the Bench,
either at Westminster Hall, or at-Quarter Sessions,
may commit horrible injustice, without taking away
any man's life. This he may do by the application
of the pillory only to persons young in crimes, in-
stead of confining it to hardened offenders. A-
' woman stood lately in the pillory at Wakefield for
having had a bastard child, and for having extorted
motley from a person by threatening to father a child
upon him.. The punishment seemed proper in IN*
case, but it would have been abominable' in the
Yorkshire Magistrates to hate applied it to some
0001* female, the victim of seduction, perhaps ender
a promise of marriage. Many other cases might be
cited, where distinction is necessary in persons com-
mitting the same offence, and where, indeed, that
which is offence in one, may be misfortune In
another. A man contracts a debt, and by misfor.
1 tune is rendered incapable of discharging that debt—
would you put that man in the pillory ? Certainly
not; and yet a notorious swindler is a proper per-
',son to be placed there—that is, when found incor-
rigibly addicted to each frauduleqt practices ;—but
here we have a precedent set up of the pillory being
applied to a Noble Lord guilty of the first offence,
supposing even that he were guilty. Ought net this
exercise of an sthitrary discretion to excite a general
*arm, settles-that the pillory is inflicted even by the
Justices of the Peace at Quarter Sestieus. Any man
then, who is not a Peer, may have kis conditareeted
over at Quarter Sessions, and examined whether a
debt he has contracted was done with a swindling
intention or not, and if determined in the affirmative,
be may be sentenced to this punishment ; for
the distinction between old and new offenders
is done away with, and a Middlesex Justice may
send the sou of the Duke of NORFOLK, or even
of the Dulce of GLOLICESTIR, to the pillory, if
a tradesman he has dealt with should, perhaps from
revenge at an imposition detected, state such facts
as the Justices may construe into a swindling inten-
tion in the party contracting the debt; and I leave it
to the Reader, whether the exercise of such a dis-
cretion is consistent with that personal safety which
oar law mainly voirsideti--ellvd. indeed, VIA& Is
considered conformably to the Alta.., in-
corrigible offenders only are consigned to tells edleas
punishment—a punishment worse ,even than death
itself in the sight of those honourable men to •irhom
the sweet and compassionate Lord ELLENSOROUGH,
overflowing with the milk of human kindness,
thought fit to apply it. I have, perhaps, dwelt too
long on this point ; for my Readers' satisfaction I
shall therefore hasten to another. A hope was en-
tertained of a possibility to scare and overawe the
The communications from Rouen, of the 14th, re-
people, and arrest not only the investigation of rest-
son into this most interesting subject, but also the ; present coffee and inter as almost unsaleable ; but as
ordinary circulation of the press--a most.:
in at , the cotton manufactures were in great activity, the
4hreat was made .by a most audacious Slat '
an raw material was in demand. It was expected that
against any Journal that shouldinform the pt
c f 4 the importation of British, cotton into Spain would
the nature of the defence made by Lord Cot /a
nic: be prohibited by a Royal Edict, which would be
never surely was a more scandalous insult tiffe to • k
ighly favourable to French industry. A Proclaim-
the Divine Majesty of truth—yet the trutlifia not iii's, signed by FERDINAND VII. had been received,
been stifled : whence comes this ? Really I.
ice-establishing the Inqohation. The interior duties—
tell how this has happened, unless indeed it may', rental provinceales--bell) been restored to the fivance
hate been the result of such a train of thought as an department.
Englishman, who piques himself on his indeptind. I Lvcauw.—The English Opera season commenced
ence, may be supposed to have held in form and on Saturday. The house has been new painted, and
manner following: "Is Lord COCHRANE innocent, landscapes introduced on the pundit of the boxes,
or is he guilty ? If innocent, then must it not follow , which have a very cheerful and pleasing effect. The
that blame attaches somewhere ? Will it be prudent ' performances of the evening were The Damns, and
in me to join in the public avowal of an opinion I The Boarding'house; Mr. FANSTET, as Isaac, and
which will convey such a censure? On the contrary, ' Mrs. SPARKS, as the Duenna, convulsed the house
will it not be prudent in me to brand his Lordship , with laughter. A Mr. LEONARD made his debut in
with guilt, even though I should believe Mm to be , corks; he seemed much intimidated, and did not
innocent, as thereby I shall avoid all the gime. ' exert himself so successfully as we should expect
I (peaces of those threats which a Noble Lord is re. 'he would ender other circumstances. He, however,
ported to have made use of in a certain place as the received considerable applause, and promises fairly
only reply in his power to Lord Cocuitans's de- Ito become a permanent -favourite of the public.—
fence ? But if I act thus, shall I act stoop to a Gissoes is engaged : he performed the character of
-greater servility than was ever practised in France Ferdinand, in which he would have been very re.
viuder the reign of despotism, where conyitaints 1 specteble, had he less frequently needed the assist.
against cruel or unjust sentences, were freely lank . ante of the prompter. The other characters wers
to the Throne, and no near ever punished for the : well sustained, and the Opera went off in very good
same? And shalli I not, by such conduct, commit a style.
conscious injustice, and degrade myself in my own I Sunday evening, about eight o'clock, a man AI
1.
esteem? In short,allhough this may be themost prudent noticed an old woman entering a dark nrivate vault,
part, isit that which becomes a British citizen and an under Somerset-house, and his curiosity led him to
-honest man? Although Ido not wish to hurt the enter the gloomy cell, where lie found the object of
feelings of any individual concerned hi this, ,as. I his enquiry, and, to his astonishment, sitting 'over
:think unmerited punichmeat, yet, ought not the pith- the dead body of a man - he immediately gave the
lie safety to be dearer to me than any man's ploate-akrm, and the beadle tool the old woman into cos.
feelings whaterer It And is it not tree, that the ge. tody;-and the populace were so prejudiced against
neral safety is implicated in this question, for what her from the various stories in circulation, that she
'has actually happened to one man may happen to all would have been torn to pieces by the mob, only
men ? There is none of es that may not be 'pre- the constables protected her from their fury ; the
chided from the means of proving der innocence by story in circulation being, that she enticed him there,
the same rule of Court that has precluded Lord and either poisoned or strangled him ; be the case
COCHRANE. There is none of us that may not be what It may, it Is as yet wrapped in mystery-*the
doomed to unmerited ignominy, because ire cannot body was not cold when' discovered—she was
4o what common sense acknowledges to be impose lodged in St. Clement's watch-house, Strandt, and
sible. This then is a nee list coneernatbe general the dead body was tarried on a shutter to the Swan
stgjety, which is superior to all other law.—Salua pa- public-house, in Swangyird,- for-the result of a Ce.,
pull auprema Lex." I suppose this is the way in Toner's Inquest. On further enquiry, we learn, that
which the bulk of the people bave reasonekfor they the old woman says 9 that the .1111illlt -of the deceased
have disregarded the threat tket we' intenshilitto ten. is Crawley,. that they were both peepers In a work.
der them the mute spectators of this dryad il scene. house on the ether side of the river, that their busi-
Backleghwashire, July 14. - • • TIMQIIIIf TIMEMAN. nett in the vault wit to gather a few chips for their
[To be coacladed toiaertmv.] , fire, and that the deceased fell into a fit, of which
—„,....-..„-..--...-1 he expired ; and that she was bringing him some wa-
ter, tint thinking he was dead, at the time she ate
tracted the ',attention-of the elan who discovered her
in that unfortunateiltuation.--,An bequest sat nn Ilse
body yesterday, when they returned a terdict,—Died
by the visitation of God. .. . j

smutty.

In consequence of this investigation, orders were
seat to Mr. GULLIVER, that he should instantly hang
up three-fourths of his domestic curs, and in future
keep none but what are useful, well-bred, and
decorous.

At St. Peter's Fair, Yorkohbe, held on Mon-
day, there was a considerable show of fat tad lean
cattle : the whole we very-duff .sale at reduced
prices. 'Zones of crery description were also lower
in price.

action
brought
.1.111"-"
ROzesss a eel at 11athat, Magazine-4V ~/, ,
. 411 tOußr OF CR,
(most V. seotow. Jour 11
, Idiot Roads, July 18, 6A. hi:
,'shits was an -act the shipper
Yetterday it 4`P. M. the "whil" 'fleet was threksis..:ps _.pes o f wine
ne on board the ship Jane, from
Into the utniiiiliesternation and 'alarm by an ex-ii. to London, against the Defendant, who W
tritordinary occiireonee;* but which • happily subsided"i bill of lading, " bound for London by the it
with little .ether mischief than, tearing a few of the j,vey." The Plaintiff's agents had notice
-tan4dl would sail on the 4th ; neverthileiti \
. not convpitte the 'delivery of the Wet on' ME
casion of the alarm'
canvas port-holes of the Bleckftead; 74, which ron
foot of theisdiniral's IMP,' the Stupid, 1112, the oc-
ing of that days by which time the other old
*lll' We : Our two look-out 101ropt down the. Alter, and the Jane was pre?)
frigates, the Numseal alb tSpendlltrift, Cruising of ' from joining the ponepy.by a calm.
Nursery Bank, Rettten4e* bearing S. S. W. half
,Lord ,ELLEttedadinltt held, that the " ti
W. distant.nine yards, the man from the mast-head !Yoe ,must mean the 'bit /worried convoy,
of the Nuinitall called 'out a catamaran ! Immed the Jurybelieved Aida the Defendant fsithfu,
‘i de.a.vottred to sail with the cciiivoy, and that
dlately all 'hash and confusion •; blue rockets'
sailing was prevented by sets of the
pi Plaintir-
were thrown op, minute pistols fired 'to altrm the e, over which he could have no oontroli.
.
P'
fleet, all hands•were piped up, and orders given to i laintiff would not be entitled to recover.*
leiter the beats, and that the boarders, with board- .. fendant appeared to have used very industrious
ing pikes, ihtiald ' instantly attack the infernal ma-
Viand the Jury found their verdict for him.
chine,' and keep it clear of the fleet. Being appre- I DURLEIGM V. WIDEMAN.
This was an action of trover for brit pipes
a bootie', hower, PO' an explosion, the boats at first wise, which were bought of the Defendants,
kept ata respectable distance, till 'by a suddep turn agents of Messrs Pinto and Sons, of Oporto.'
'of the supposed catamaran, it got, close under the Richards, of the White Horse, Fetter-line,
stern of one of the boats, whims an Irish seaman, :or his assigns, 'the bill of lading was made
who bad got a doable portion of grog, struck it with !pigment being by a bill of exchange. The
;lading was dated the 28th of December, 18'
a boarding-pike, exclaiming, Arrah, keep off, you
on the Bth of April, 1812, the wines were
blazing ---r—a i infernal yell instantly followed, i
the Plaintiff for 3481, which was paid in (081
which filled them all with hurtirs till eseceeediell6o2o bill of lading was indorsed to the Plaintiff
*ore explained the mystery, by a demonstration that same day, the wines being in the docks, where
' this dreadful 'catamaran was soother than a large New. were left till the 15th, in the name of Richards.
'feetidland deg with a dickin his month ! Rage and 1 Mr. PAuxi for the Defendant, cited the
Cumming v. Brown, 9 East, 506, in which
sintine new fitted tlis breasts of the gallant crew, rug
Rover would Ilion hive id the forfeit of his life
;.held that the property of goods passes by the indorse-
went and delivery of the bill of lading by the
pa, !,
bed not the Cockswain suggested,'that the animal's epee to another bona fide for a valuable consitista.
iieheiw' end . • animal
, not the ltself, Should be well I don, and without collusion with the consignee, at,.
. though the indorsee knew at the time that the cos
feigner had not received me. ey-paynient • for Rs
talltitteed ; this was admitted, Ind 'Rover was in-
*aptly hauled into one of the boats and carried ovi
board the Stupid; to be examined !goods by the Admiral, payable but had taken the consignee's 'acceptances,
e at a future, day, not then arrived ; and:
such assignment of the bill of lading, the consigner
Is person; on ,a large silver collar was wrote his
Alleltster's name, Gamma Grmiavta, Lilliput-house, ' cannot stop the goods in transiiu upon the in:
It. James's Park; it was also given in proof, that of the original consignee. In that case, there
this man bad a ginat many other troublesome curs
• &mitt's, and the bill of lading was 'one fide (
(erred. Here th e
to be
actually arrived,
in his pack, conehlititty tattobling about, to the great
capacity
innoyence god disgust of his Majesty's liege subjects, ' fore not noat D bona fide transaction to take an 4nderss-
ment of the bill of lading, which was then a
'such as the Clerical Spaniel, or Herald Parisite, an
animal that licks and slaver, all Courtiers and efitcio instrument, being only the symbol
Judges, though ever so disgusting, and that grins goods till they themielves arrived. The ey.
that ease nes the only mode in' whicrthe goods
and snattrit all honesty and truth, though ever so
i•he assigned ; here, thegoods, were deliveruhir
comely.
I therefore, the authority of the bill of ladit
The lurcher, or canine Secretary, that constantly destroyed. The bill' of lading is an authority
hunts for game on other people's manors, and brings the Master: npon the arrival of the goods, h'
it to his master's feet. : sponsibility is destroyed.
The pug Satyr, or faun, a large species of the dog's' Lord LLF.ENBONouDir.—Ir you ,lay the
lading out of the case, becau.e the traßitus ...
wife,. remarkably timorous ; besides many other
end, then a fortiori mai questio, for the,gonas
-404<teeenneet end dmituctilw animals; wM*ll in my warehouse. They ars .not. in
sold without the bill, &abut-
mcrbteve been
i,, of la(
etsomtnaDle 'nuisance to the whole com- b
There is this further circnetstanior of fairness
case, that the Plaintiff repospit;opon the
lading, and the goods were not transferred
name in the Docks till the 15th. The dock
Defendant's warehouse, and he is liable at law.
The Plaintiff had a verdict foi 3481. deducting
charges.

MORRIS V. CLEASBY.

This was an action brought by the assignees of -
Messrs. Smith, Chesmer, and Down, against a
Broker, to recover the price of goods sold for the
bankrupts. The Defendant being employed by the
benkrupts to purchase turpentine, bought the roan.
tity in question of Messrs. Le Mesnrier and Co., who
bad employed the Defendant to sell it under a del cre-
dere commission. The evidence of Mr. Horatio Smith
was agreed to be taken from Lord Ellenhoroeglet
notes in a former cause of a similar nature, by which
it appeared that the bankruptstnever heard of Messrs.
-Le &Weiler in the transaction, till upon their in-
tention to export the geode, it became necessary to
apply to him for a shippiag order ; bat they never
authorized the Defendant to guarantee to Messrs.
Le Mesuriet, nor did they know he had done so.— •
When Messrs. Le Meturiers names were disclosed to •
the bankrupts, they considered them liable to that
house. The bankrupts having altered their inten.
tion of exporting, employed the Defendant to sett •
for them; and he now claimed to set. off his pay-
ment for the goods to Messrs. Le Mesorier against the
money he had received Won the resale for the bank-
rupts.
Mr. PA ax, for the Plaintiffs, submitted, upon the •
authority of the cases of Gurney v. Sharp, 4 Taunt.
2424 and Cumming v. Forester, i M. and S. 414,
that the Defendant could not claim the set-off is
question. In the former ease, the Court of Coln.
mon Plias held; that a broker !hen as the per.
chase of goods, guarantees the payment Without die
knowledge of his principal, does 'not aeqeire any
lien on the.goods ; and in the latter, the' Court of,
King's Bench held, that, where a broker affected I
policies of assurance in the name of his principal,
under a del credere commission, he could not set.of
losses which happened on those policies, in an action
by the tinder-writers to recover pretnieMs, although
the losses claimed were total; and gut broker had
accounted for them with his principal.
In that case Lord ELmosonooon seidr he costa
not conceive how a contract between A. and B.
could vary the 'rights between B. and a third persouy
'who is a stranger to it, and empower B. to set up &
claim against him, as derived out of that contract.—
The underwriters' claim for premiums was alwaY•
against the broker ; and the broker claimeetoaet
otf unliquidated losses, arising out of en onastive*
rived contract made ,by him with his employer, with-
out the privity of the underwriters.
It Witt agreed that the facts of this'cause shouldt
be turned into a case for the opinion of the whole'
Court, with liberty to enter a special verdict.

The reduction in the cavniry regiments is cowSnei
to two troops only. It may be remembered that ►
Peace Establishment *xi six troops augmented
ten.

I bt4 DON Prietedt:ault.liajort 'by ' D.. Lov ink si int
STATt‘stils* (iv irtcli; 67; Flier-street. •

de,
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too