The Statesman.
London, England, 1820-02-21 00:00:00

TILE QUEEN .INN THE KING'S MINISTERS.
(FR(R/4 i CONSTITUTION.)

condemn her opponents for a culpable precipitation,
against which they night to have been guarded. The
obliteration of the name has not been shown to have
been necessary in the commencement, and it is at least
a novely in the archives of English Justicc, to ameame a
menacing attitude for the verification of a criminal
charge, and to mark out the culprit, when the crime has
not been established.

,
Orrurrrnerg of no common interest have crowded
.• • n the pnhlic attention iti the course of the last week.
o.lc r countr:es, as well as our own, have been agitated
I y t; e most an NI tants; and of no less magnitude,
Ift.lll to involve in their consequences all the destinies of
a eat:on. It is not our purpose at present to travel into
that wide subject, anif shall content ourselves with
oi,a,ing only a few observations on one, at our own
shores, which has excited, and mast continue to excite,
..l the best, and the most anxious feelings of the
calintry. It will be anticipated by our Readers, that we
allude to a subject of a delicate nature. We have our
opinions on it, and when the occasion calls, we shall
shrink from conscientiously giving them. But it
is nrff to he disguised, that, upon this question, no small
halos have been taken to awaken prejudice, to excite
r.animir, and successfully to inflame the popular outcry,
respecting one of those Illustrious Personages. We a,
not complsin of this, as we see in it all the amiable cha-
racter of the English people; and, should they he ails-
tuken, they may feel regret, but cau never suffer re-
morse.
il'e make the *bore observations, }Derange, although
ae respect the popular sympathy growing out of such
motirea, yet, in all questions susceptible of a calm dis-
,ungion, we must be allowed to consider it a misfortune,
when we see any attempts made to prejudge and to in-
flame the passions of the multitude. Entertaining such
sentiments, as far as they regard the opinions of the
people, how much more strongly must our jealousy be
excited, when, in proceedings emaoiting from the high
..atitorities of the State, no appeal to any reasoning can
be discovered ; and when, without any cause shown, a
terrre pnoishinent has been inflicted in• an unauthorised
degradation. We say " nnauthoriaril," because his Ma-
jr -'v's Ministers have not condescended to give to the
any evidence, or any reasons that can justify
them in TIME tinier in Council, commanding " that
the same of the Primer:reboil be omitted is owl/ editiots
vf. (bans,*th(bans,*Prayer to he bemertbith printed."—
Nothing is as yet known to the British people of,
and concerning such an exclusion, so lousily pro-
claimed; except that a stigma has been five& by it
on one of the Illustrious Personages; and that the
other has been graciously pleased to capitulate on
the hard conditions of confirming his present advisers in
his service. Let us for a moment suppose that the first
has been guilty of a high misdemeanor ; what further,
....a downer, ran be imagined ; or is it possible to con-
ceive a stain more marked, than the one by which that
illustrious Personage has been branded by the men,
who, almost in the same breath, set up the plea of her
innocence to defeat anti mortify their master? .1 legal
eittc.aion, indeed, may be raised as to whether the name
o,ftheQneen,orlere,l by a specific Act of Parliament to be
rieerterl in all the Books of Common Prayer, ran be now
linfolly omitted by any authority less thin that of the
~hole Legislature. But be that as it may, vet this art
of (inestimable legality has been committed to inflict a
nreinahire punishment in a proclaimed degradation.
The natural effect growing out of such a scandalous
preliminary of bungling inconsistency must be, that
mmhile the object of their professed protection is exposed
to foul suspicion, they fix the author of all their uncon-
trollable authority in the most agonising perplexity,dis-
concerted and defeated ; because their Incapacity fur-
nish'', them with so clue to draw him out of the laby-
rinth into which they have drawn him. Does not the
larder of Conseil, honed fug the alteration of the Church
ereice, in which the special Prayer fur the fatten is to
► e left out, raise the strongest presumption of a saliv-
a. mesnor having been committed, to render it unfit that
► er name should continne any longer in the Litany ?
Is not such a stigma cast upon her by it, as can only
I e justified by a full negation of innocence anti a err-
taisty of guilt? Her degradation has been proclaimed
—it is not to be perpetually repeated—to he registered in
ter Sacred Books, and for ever brought to our recollec-
t on in the awful ceremonies of our holy Religion.
We profess ourselves entirely ignorant of the merits
of this most delicate question, but it is impossible to he
tAind to the dilemma into which his Majesty's confi-
dential servants have fallen. Were there not many
hirmless modes in which this matter might have
been matted, for one, so debasing and offensive ? By
what awkward bungling then, or by what base servility
/si that one been adopted ? If the absent Lady has
itterited the punieliment that has been inflicted, the
ministers of it must not, they ought not, to stop there.
1 he necessity of the rase, the honour of the Sovereign,
A. dignity of the nation will prescribe to them new
measure% and impose duties of another order. By the
laws of the land, by time claims of honour and reason, by
the galls of the public interest and tranquillity, ail by
very rule of justice and propriety, the Sovereign would
liar; a right to insist upon that remissly, which could
rot in equity be denied to the lowest of Lis subjects.—
Ite would hare a legal and a religions right to the dis-
olution of that union. by which he was held in an ig-
romininits bondage. The opinions said to have been
•••yen by the law advisers of the Crown, on the instil&
c.ency (tithe evidence to sustain an impeachment, might
be perfectly correct, and yet legitimate the remedy to
be sought on the ethibited fact, and justify any art
ra' time Legislature deetined to accomplish it.—ln
~uses, indeed, in which the consequences are so
highly penal, in which the life of the accused is
to be time forfeit, it is fitly, it is religiously de-
manded, that the proof shonhf be clearer than the sun,
" ieee elorieree;" hut the tame evidence would not be
rejected, either to redress an injustice, or to abate a nut-
anet ; nor would the objection to it be admitted, to STROUD V. 1110011 E.
take from a husband that right to a compensation in This was an action fur goods sold and delivered. The
damages from an adulterer, which the absurdity of our plaintiff was a botcher, residing at Windsor, the
11 we lies now made the preffmiliey ie every procetaling ant leas a witliiir 'of the life fiiionel Moore: Tod gain-'
t a divorce. In one of the Morning Papers, indeed, a tiff,. during the life-time of the Colonel, supplied the
oaritanical writer has peclared, " that no man will be faintly with meat ; a running account was kept between
Wad daring enough to carry a measure so wrong in a them, and at the Colonersdeara there was a balance due
tAigions point of view." We do not know from what to the plaintiff of 49/. These facts were proved by the
t.st or canon lie takes his religion; but this we know, evidence called, and by the plaintiff's books. Mrs.
that notil the simplicity of nature, and the purity of re- Moore .attempted to prove that she was not liable as
yelation was corrupted by the Popes and their Conn- executrix, she haying no claim to that charm-i.e.—No
cols, and every principle of reason and right violated, plea to that effect being put on flue record, however,
mankindand the common sense and feelings of out- the Learned Chief Justice was of opinion, the defendant
aged, to make way for the tyranny of a Monkish su- could. not now set np that circigiuttance as a justi-
verstitlon, inch a monster in morals, as the indissolu- Oration.—The Jury found a verdict fur the plaintiff
bility of marriage, was Unknown. We shall not dispute for 481.
tie orthodoxy of the truism of the same writer," that Tilt Pane V. Tilt sable.
Isis Majesty lives under the same laws as his subjects— This wall an action to recover from Mrs. Moore a
•• the lose ti God or his Country r" but we call upon him further saw of 3f. 15s. for meat supplied to her since the
to slew, if lie can, what law, either sacred or profane, Colonel's death. The delivery was proved, and the Jury
would be violated, if time Ministers can sustain, with any found a verdict for time plaintiff for the amount of Isis
evidence, the commission of any offence so serious as to demand.
justify the degradation they have decreed, that would sum r. tocettiniros.
not at the seam time give a relifioas and lawful claim Mr. Scaatarr stated, that this was an action for
to the Sovereign, to be relieved from the consequences slanderous wools tittered hi the defendant, reflecting on
of it— sorb qs would for weer torture every Inman l the character of the plaintiff. The plaintiff was an old
mind mot lervklaliaed into insensibility. We repeat, the man, residing in South Audley-street. The defendant
Ministers hate, by their better in Council, fallen into a was of the same trade. Souse time ago the plaintiff was
dilemma which seems inrhtricable. Here the art of sink- subeitened to give evidence in a cense, in which Lock-
ing has appeared to he, may enough; but it is not oar ingion was a party, and he was called to prove Locking-
individual opinion, that the power of retracing their i tons hand-writing; be attended reluctantly, but bas
steps, is denied to them. The time for ropentanceis past, evidence established the hand-writing, and on that &-
anal they ten only be justified far thepremature sentence cumstance the verdict turned against Lockington, who
they hare pollee& by criminating the ohjeet of it, at suM- since thitt time had frequently 'ceased Mr. Smith of
o ;ent proof, soft Punning the ulterior measures which being a perjured man, and declared he would indict him.
• •ii h s clew would demand. If they stop here, the pub- When Mr. Smith was first told of this rircionstanee, he
will coio:ude for the innocence of the party, and will treated it with contempt; but, Searing
twra
stun to attend

I,AIV IN7'ELLIGENCE.

COURT OF CHANCERY, FEB. I. •

The Lorin l'itaseau.oa, this morning, attended at
Lincoln's-Inn-Mall, and held the First Seal.
THORNTON 0. roRSTAN.
Mr. llama- moved to dissolve an injunction obt‘lied
on behalf of Colonel Thornton. calling upon Mt ('or-
stan to account for what . s had cense to his hands,
respecting two annuities of 400 f. and 100/, and restrain-
ing Mr. Hooper, another defendant, from committing
waste upou a house in Manchester-street, purchased of
Mr. Corson', or making any alteration therein. The
Learned Counsel stated, that by a settlement amulet*
the marriage of Colonel Thornton, with Eliza, his pre-
sent wife, two houses, one in Lincoln's-inn-fields, and
the other in Manchester-street, were convevail to trustees
for the oar of Mrs. Thornton. Disputes having arisen
between the Colonel and Nlrs. Thornton, they agreed to
live separate, and the Colonel covenanted to secure her
4901. a year upon the two houses, and a further aunnity
of lOW. a year till a child of the marriage should attain
the age of eight years. It hail been alleged, on the pin
of the plaintiff, that he hail from time to time placed
money in the hands of his hankers for the virulent of
the 'es; notwithstanding which Mr. torstaii, the•
surviving trustee, bad received the rent of the 'house in
Lincoln's-inn-fields, for a series of years, without /ke-.
counting for it; and hail besides sold the house in Man-
chester-street, fur an ill:Mello:dr Sum, to Mr. Hooper,
who had since made various alterations, whirls it was
the object of the injunction to prevent him front mmb
pining. The Learned Counsel observed. that the de-
fendants had now put in their answers, and it was upon
the contents of these answers he desired the isijitnetioan
to be dissolved. Mr. Corstan stated, that when he suld
the house in question, there was an artnal arreat of the
annuity tine from the Colonel, anal that lie was, there-
fore, justified in making the sale he had done. lie con-
tended, likewise, that the rife WAS so far fen& king
inadequate, that 4' )) I)) sod Thornton had Isifeseeif offered
to dispose of it upon the saute terms. The other de-
fendant, Mr. Damper, admitted, that he hail purchased
the house ; that he load laid out ritalf. upon it, and exer-
cised acts of own-rship, as he had a right to do.
Mr. PatfliEf,on the part of the l'oluial, supported the
injunction, contending that although he might have '
offered to sell the house for the same eint the defendant
had given for it, yet it was inereiv an offer, not acted
upon, or carried into effect by any legal agreement, and
consequently was not binding.
Mr. lIIART, in reply, said he was finite sore
Thornton could not u*an to represent to hie n, that sin
offer made he hint was to he considered as mere i Ile
conversation, if it was acted upon by an &Mai agree-
ment. •
The LORD I'HANCRLIOR nbserved, that as to the no-
tion of supporting the injunction upon the grouoll of
any inadequacy of value wills reference to the purchase
of the hone', it was out of the question ; for it hail
been suggested that the Colonel had offered it at the
same price. it hail been insisted that he did sot coo-
tenets but surely his own offer was to he taken as tbibo
criterion of the value. l'uder all the cireimistances, his
Lordship thought the Colonel onght to gas on with his
snit, if he conceived he could snake any thing of it,
without any injunction continuing in the 'strati time.—
He accordingly ordered the injunction to be dissolved.

TRICK ILE r. SHI . .

The Arrototgy-liex re AL stated, that in this cape the
parties were formerly partners in a coal and iron works
at Libo, and hail quarreled. It was agreed to refer their
disputes to arbitration, which, however, they did not
do, but entered into various law-suits. The plaintiff
meantime bought another iron work a mile from the
other, to which he removed the machinery of the for-
mer, though that was private property. The property
was thus ruined, and he (the Attorney-fieneral) moved
fur an order of Court to have it retured.

Mr. MINT, fur the plaintiff, at great length, justified
the removal of the machinery as the only weans of say-
ing it from g a I destruction.
The LORI) CIIIANCILIAR Said, he should read the affi-
davits, and give judgment on Monday morning. His
present impression was, that the plaintiff had acted
wrong in moving the machinery, which he thought
shonld be scut bark. It was most improper for him to
don.), as it was an injary to the partnership concern.
The Court rose at one o'clock.
VICE CHANCELLOR'S COURT, FRE. 19.