The Statesman.
London, England, 1810-04-28 00:00:00

.-rAT ES M Art

."-ro- the ghl'IVR of 171 E 5t4TE531210.7
• .14„1
Sta—ln examining the commitments dr JOiltn`
GALE JUNES and Sit F. Human, I have hither-
to examined the legality rather than the extent of
the claim advanced by the • House of Commons.
The commitment of Mr. Junes is by an Order Cu
the Keeper of Newgate Y and the Order tepitel;'
that " Whereas J. G. Jones has published a 4el.
luus writing, in breach of the paisilegest and in
contempt of the House ; the Keeper of Newgate
is ordered to receive him into his etosteiry. The
commitment of Sir Fuancis is, Isy,lroart4l.
rested to the Serjeaut at Arms ; it.vethes—
" Whereas Sir FRANCIS BURDETT has sanely.
!edged himielf the author of a certain Letter Mil
Argument, printed in Cobbett's Register.; end
the House hath adjudged the said Letter and Ar.
gument to be a libellous and scandalous paper, re.
fleeting on tbei just rights and privileges of the said
House. The gerjeaut, at Arms is ordered to
prohend the said Sir F. BURDETT, and:convey hits
. to the Tower of London ; and all Mayers, She.
riffs; Constables, ;ix. &c. are required to assist in
the execution of (his' Procesi:"•. Nelthei the Irfr.tj
der fur the commitment .of Mr. Joos, nur.the.
Warrant foe the apprehension of Sir FuaNcts,
states the expressions of the several writings sup.
posed to be libellous. Let me now call your at.
tentien to the various powers claimed by the
louse in these several instruments : —First, they
claim the right, that whenever they choose te- be.
cease the accusers, they may try summaritz, sad
without the intervention of a Jury, or a Court of
Law, any person whom they charge with being
the author of a libel, and pettish the offender fur
the same. It is to be remarked, that if the House
.
has this power, the party adjudged guilty can nei-
ther procure the. sentence to be reviewed in any
Court of Appeal, tior solicit the Crown for par-
dun. No avenue is open for appeal to any other
tribunal ; and were the Crown to interpose, and
extend mercy to the offender, it would certainly
be deemed a high breach of privilege by the House.
Secondly, in this Order and iPiarront the House,
claims to be -the solo Judge what words, in point
of law, constitute ,a libel ; fur as..the House has
not stated the tenor of these writings, no Court in
Westminster Hell has the means of judging whe.
Cher dm writings arc or are not libellous ; the
jurisdiction of the Courts of Law is, therefore,
completely ousted. At the commencement of the
ensuing Tef!ll, it is probable that either Jong
josr.s, or Sir FRANC/S BURDETT, will ap-
-plyto one or other of the Courts fur a Writ of
Habeas Corpus; should the Court remand. the
prisoner, and the House of Lords, on Writ of
Error, confirm the decision, the House will have
established both its claims, viz. the right ottrying
summarily, and the right of being the sole judge
what oexpressions, in point of law, constitute a
libel. The People Apr England await the discus-
sion of these claims with anxiety: if established:
the power of the-House of Commons will be ren,:i
dered more formidable than the prerogativei!
claimed by the STUARTS: but I will not believe it,
possible. From early years I have revered the
Courts of Law (with all their faults I love them
still) ; they have stood many severe conflicts with
prerogative, and though there may have been mu.
moats when they shrunk, they have at last always
established the true principles of the Common
Law : in the ensuing contest, neither their courage
nor their integrity will fail them. , They will 'in.
voke the manes of the virtuous HeLT, and with
exulting pride call on their country to sanely.
ledge, that they are the worthy successors of dud
illustrious Character.

"

VEIANIUS.

HAYMARKET THEATRE.-A crowded audience I
attended at the above Theatre on Wednesday even.
lug, to witness the first appearance of Mr. and.
V.11C.4_ celebrity, anal of
Mrs. Mousse, of pro iwhom report had spoken so highly ; and we can
saf:ly aver, that in no one instance has favourable
expectation been more (Wiz gratified. A moth:tit
Dramatist reutarks—" nothiug can 'strike
snore feelingly uu the heart than hearing the he.
stourable applause of an impartial Public ;"—if
so, this Lady and *Gentleman must be more Oats
satisfied. From the commencement of the Play,
Mrs. M. evinced a perfect knowledge of her au"-,
thus. ; and, unlike the generai order of first sp..'
pearances, she didnot, fur the sake of .exeitiog"
ssisplause, endeavour, at the onset, to make what
actors technically term points out of nothing';
and, as we often observe, repeated crossings tif the
stage, which some of Out heroines exercise as a'.
sign Manual. Her aim appeared to be, to beget
tt
silent attention ; but as the character of Elam
opened, it was impossible to repress the frequent
bursts of approbation, and " bravo!' bravo!"
sounded through every part of the house. Our
limits will nut permit us to cuter into all the merits
of this Lady's performance ; suffice it to say, that
these many years we have nut had a greater dra-
matic treat. The masterly manner in which she
delivered that arduous climax at the end of the 3d
act, atilt her exit its the 4th from Pizarro,
admirablit ; the latter drew down six rounds of
applause. Her figure and manner are dignified in
the extreme. In the Farce, Mr. M. its Sharp,
kept the risible faculties of the auditors in constant
motion ; antfhis comic parody was loudly encored.
With very. few exceptions, Mrs. M. was but indif.
tacitly supported.

,

.L. ..

:,~.~':

SIR FRANCIS BURDEI
A MIAOW" IV. Mt -T01,116.

.'1

Ae Adareit.of rho Freekoldiri of Aliddleux
All Goanty tisioliiiti4,• • •
, -;;;A:..1-• • :„

.
Ste--With the mane of Hempdetaseallipeciated to tire emit,
nal gratitude and veneration of Englishasee, for having re.
sistetl the illegal eeercite of power by a King, the presetif
and homer ages will comae the Imam of Hoiden. foe Meths*
resisted:tit illegal exercise of pewee bra Dolma Commies.
To vim we are indebted for havitia caused discussion' which,
have dorm honour is our age and nation t but such a variety:
of principles have been shaken in .the strange proteediume
against you, tisat the extent sof our obligations. to you, ti
for your Comtitutionid doctrine, anti then for you resist'
the violators of one Camstitittima cannot as yet be
We trust the obligations will prove beyontaalt estimalles-li
we trust they:bust terminate in a testarutina of that viols*
Constitution'.
Whatever, Sir, may be the perratltation within certain walla;
whatever sews he the profligate ;bust mod peculation of taco,
we may, however, congratulateoer comers., that iase-bas yet
able defetiders of her rights, Who, with yea, are rally.**
*eround our twit-fold • Constition t a. Cootatitution that bath
ant only a Law, which is " the perfection of reason;" but
*believer fluit law may meet with imam* opposers, bath ilk;
a Sword of its own," without needing to borrow any attest
native or foreign, for the sure and resistless euforcenseut of
that law.
Inquiry, Sir, is now awake, lied at *tot. Reason, fuond-
Inc itself on Constitutional principle, bath now to decide. whe-
ther, for either keeping eke peace. or for enforcing any low-
cam of English law, recourse ought to lie ultimately. bad to
the County Power, or to the Standee Army : that is, shall
the.peace and the law of F.aglaad be.itplield by the Civil
P4l wer, of by a military force ?• •
It is, in fact, to be decided, whetier Cloy eats (w•-bat-
ever tiZ- their rorm, or teetreurreettlimeen out !Mira au.
linattle.to be civil goveninsents, or taitsaaev Aayeruanagookit
is, free states, or despotism, as they_ shall ultimately resort,
for execution of their Laws, to the.civ if pit ever, .'or to a mili-
tary force.
' The County Power of England, which hai been ;Illy call-
ed the martial branch of the Constitufiea, is yet strictly a
civil power, being composed of (tee citizens only; whereas
the Standing Army is wholly a military Mice. comiposed of
" soldiers," who, from the maitre of the military law to
which they are subject, are not fee citizens; and, according.
to Sir NV. Jones.." in fact, no moreaban instruments in 'the
hands of their Commanders.""
When (as remarked by Blackstone) " the Laws and Coo-
stitotion of this kingdom know no such state as that of a per •
-
petual standiag soldier ;" and when (as observed by *Sir W.
,Junes) the Power of the County includes the whole civil
state, from the Duke to the peasant; while the military
state, as such, forms no part of that power, brine tinder a
different command, awl " subject to a different law, most it
not foliate, taut the law cannot be carried into execution by.
the Standing army ?that being an instrument it data not know,
an instrument " Under a dillarent command," and " subject to
a different law."
And when Blackstone, concurring with numberless writers
of the hiahest authority, and with every intelligent man's re-
declaim, also remarks, teat " in a land of litsrty it it:extreme-
ly draugerous to snake, a dist hat order of the profession of
arms;' and likewise adds. " iii absolute monarchies this is
ueccaary for the safety of the Prince, and wars from the
main principte of their Constitution, which is that ofgovena
ing by fear," will it tie possible, Sir, any longer to doubt .
that it is the diaian of Ministers hi tiring its under an " Mists-
lute inoarehy," especially when we landl combine tiieeti•er
all their arts and all their practices to that end ? Ito we ma
' hear our English Government, by Minister., ba Court Lae -
yen. and by all abet ors of arbitrary power., perpetually
called a numarchy. which is a tioveratneat whetein oneman's
Will is the law ? Do we not bear our King as coustaatly styled
a Monarch ? And ever since the dreadful riots In 1780, when
Sir W. Joliet look or.casion to complain that our Cuunty.
Power "bid been oattinefidly neglected, Red might to be re-
stored to full vigour and euergy, has not that County Power
from that day to this, now thirty years; continued in the
same shamefully neglected condition, saurganized, atiaslaid,
untrained ? AO for what conceivable mason. can there bawl
been this shameful neglect, but.that it might be divested of all
power and respect, {bird then, as a thing useless tied cuitimine
bible, be wholly superseded in the quelling .of riots? AS
have we net accordingly seen no ell riccosions the Sata. Wog,
Army olficionsly. dad estentetimpay called forth on every lila
volous disoraerer, the Wert& ax-well.:
and held ie feaatoefia whenever the petits a ettegtr
ings'on public affairs, so that the native." geveteed.hy kart".
may quietlf yleli to " absolute monarch* r' - --, •
If, Sir, we be correct in our conceptina of the Oninty
Fewer, it is as old as the Caratiettios sod Canteen ileft,
nod vital to our liberties. . '''
_ ....,„_•-i •
The Standing Army is a novelty of yesterday; wow mrtwit,i
not conetitutioottily.otterbainocesi by the County 1191,11`. wink
full vigourand eisergy,".. atustbe dungeons in the exteeew.lit.
public freedom. r 0 • •
A County Power is the sword in the hand of the 1111010,-
gulated by the ordinary law of the land. lONIC.
preservation—that is, the preservation of law . .
A Standing Ariny is the sword in the teal et ;
and we have recently seen how prof! 111Jvimbes stiect, fled
other objects far this sword than those width *add mew to
he its only kgitimate ones, namely, offentiveirmitehroad,ohd
defence of external possession ; because, a 'pedal of lieree
which is a comparative novelty both is principle nod tinsel*,
with our Government, as well as utterly unknown to " the
Laws and Constitution," never could have bad far its object
thedefetre of onr island; w hicb, as already shewd, was mint
amply provided (or defence in the original institution 4. oar
Goverituient ; since all the County Powers- coliectrvely, ' missy,
&amuse to far more than 'a million of men able to bear nint,'
and willing to defend their King, their Cntletry,'and their
Constitution. The conquests of the Standing Army abroad,
ought only to he over our enemies. Its cow:mom at home, if it
be to obey the will of Ministers and to have its operations di..
reefed by the analogy of tune-serving Limpets, can only be
over our laws
.and liberties. .
' We would therefore, Sir, gladly know, it hy Ministers nod
Parliatoeut dot not, in obedience to the Constitution, and is
the honest performance of their own duty,." restore to full
vigour and energy" the County Power, which, in the very
infancy of its organization• by • the itemorsal Alfred, freed
lingistud of joyaderai who, had mastered half the comities, wt.
otniverletabese. invaders into peaceable
and loyal 'subjects.'
. . . -
And we would also gladly hear the reasons wliV Minister!
and Parliament, white neglarting nattily sarabvious and so ins,
limiest.; spore neither pains tsar expeace-.seam ex pence paid by '
the people..-for midi" to our vast waive Staeding Army, an-
other numerous Standing A rtay.of Genisaits,'Sicillans, French,
Portuguese, and tither foreign mercenaries; seeing, at the
, same true, that Fritace is so strong by land, we cannot WIWI
her by offensive war; Addeo weak by sea, she cannot even
alarm our external possessions in any part ut the globe '.
A Count., Power, althottgit'ilit relistless Jinn of the law.
being yet a free part of a free comalunity. must know, that
to violate law, would be to violate its own liberty ; nod must
ever ha alive to the feeling: that, to mkt, re ,be cowmen li-
berty must he the fen midmost sacred u its outlet,.
Concerning a Standing Army, an acute writer asks—" Is
it nut possible, that these keepers of oars' May come to re.
.usable those of a sepglia, tad flute the very mime of liberty,
when totally deptOed of their own ?" And "a Staudiug
Army," at. has been remarked," ever has converted, and
ever must eborett, "sew iiiiiiimichistes. The individuatrof a
Standing( Army, when they receive orderst cast away the
judgniese. the Mind discretion. and the wlll of mama be-
ings. -OhedieWee with theta is the law and the prophets; and
he that gives the order, thky think, is the only person our .
'avertible for it." . •
Sanuld Englatera liberties sorrier the Settled establishment
ofhtifetth,tanding Army, she will he the only country on earth
w in that predioutwnt, ever remained free. This. as
/et. unseen piseatinsemie—rite co-exiettece of as Standing!
Army, and Liberty—it doisblleel is in her power to exid4iti,'
to the admiring eyes of mankind& bet, it can only be 44v 1
feeted:by 44 riiiiifing use full Agent said energy " her tiielsoly..,
Power. Tani AMC done, Use Standing ACEIy would no
• longer be in Object of fear and jealuesy ; but lunft theace-
forth be viewed in the amiable light. of a body; of men de-
voting theserielvee to the interest awl slog illf their vomit",
in ;Aber foreign services. s . 4 .
. . . •
Ignorant and weak men, imposed oh- the crafty and
the knavish, are trumht to believe. 'hot theitinii poteer of
matt England is inadequate to the quallteg of tie's.
at
" -But w hat
3435 that faithful expounder of the law, that en•
lightened of 'heaths at men,Str William Jit /
" kliaring skews." shy he, " the nature . ettatol of ape.'
4ives
Posse Contitotuunt, aad proved that it is red isy law to
he equal in its exertion to it wellsdlsciplined army, I have
established the proposition, which l 'oellertlick to.densoo-
strafe, that the commits and statute Saes of the real" io
force at this day; give the civil state ih every county a
power, which if it were perfectly understond,nnil talotillwallY
effectually emelt any rift or imatrection,
withouprepared,d
taw, wisit Islil
ance from the military, anti even without the
modern Riot Act."
And mine who has Carefully trod Weal dep. Ofjones, has
also slime that " tut biltroal tratimallitywhichauthing timid I
distiob, would be pews kappy effect of reviviog.thc cult-
. .
-1;.; t.i'fx f..• 11.• ....; al:41401A I • ~
: . .

4141spitualatiebeeikpf me peegolere.. Rejoined power of Ott
deamly. every Mile/ presetitreemenutly ready at Me call air:
Zittodildraies ktlll abliedbaly alpfe',td Clasp till tee=
t have the efeei•lif preveniiag/touilts laseb a s
army rtes oriy quell." • • :* • •
: la JIM, f teibitelseiliiietie,re efiretteled lli if MIS. riOlerie
ed ro the Roland, iliej.hisoses,rif kleguarates at bbediel4L,
bile soldiers were stationed ht Postilliglines; rioters s*i Itlesr
-iiiiag4ani inhaimes." This raillOgrittiatim ode * featlire hollair
igu of lerroiv in sopporletefithe"dinkier Pitt ...arid Wilier,.
led by is rabble of miser its, bellowing." Church and
King." assimelar rabtdee have spore reroaiy,..n the *mite or.
other Mitikter, vociferated No Popery r and dafilig the
Ministry of Lord lionii,..Jelsikx•;the country was foil of GUI-
4itrs, " the capital was In Shines, and at the mercy of the
sreriest brutes that ever Here Mennen shaps%" Such is the pro.
.tiou of a Standing- Army!" Het, If it were Isetttri ,roe .
world purchase it:spike lose of litmus v..ot 0 form:der to mi.
limey iielsotiA! If the-Standing Army be native *bat • .
'
,meat the men of it feel.. when either, to; orreston ref emir' si
tibia,,obsysteg ordain, and ihnotiag their .euentryieen apd lia •
imeeptiaioas-perhaps their When and. brothers, or wagtail
NS quiet tradetmen by their 0644, or else. for dinifit)ibe
leek orders, billable to sore" dealt Why amnia' lair?
Mato* the light which the brightest laminate of Ore eel
..
.is heaped iu meridionsplendosiron the subject' ot the 9iiiity• ,
rower, proving hit, be eqtridly our sure, as our •• lerai .iirrie
tectimi, whether use led by-rioters, with their mod, Coil'
+Moorhead their torches; or by a napoleon, with his alike,. '
his kings, sad his legions, ministers, and parliamentl, with et
I perverveuevi iiod•filtstitiare, whirls base but one explastatistii I
Isis:: irdleettlLrzfarlielis:/:ictde
estunothewtry trhise'sinbtmM.,
riotts.tf that
Tiiirtyye;;;Tbag, therefore, hate' wielelt the'inilitarj• rod
of an evil geseriatims of stioteme 8, in ters of light, nod truth,
asd liberty; loam of darkoess. *weed, and despotism, who,
in contempt of pool' anddemoodration, have as absurdly an
inceekokidilaboerell to emiseit to be believed that a atauding ."
Army are legal keepers iii:the peke, and that- Foreign' Wee i
;miles are a constitutional and eirbunourable defence I „ • -.,, -
'ro your proyintimes' we Omit have been indebted for at,4
Myo"srilmilirieltessa n",7l,e'arihnliu oweest w am.uelsit v*enr?....4tucis:°, lolintetteild.be. 'nee 7:1: .
dig to be derived from the inquiries which uuw occupy all
We particularly thank you, enlightened countryman, for -
anti:ming your resistance to Rio stn the point ; tont 1,.. iota -
your eouse, io law your sacred place of repose, wit, forced
by military violence. Had you wilier submitted, our op-
pressors would only have been guilty of. mice more repeat- ;:
log the stale nod hackneyed illegality of keeping the 'peeve
by military force. But you have extorted from tyriumy 'a
manifestation of its latent wickedness. " ' •
This new stretch of arbitrary power, of excreting legal '
process evilest an Eegliihman by military force, is tu he • .
considered at, she Minister's Proclamation, that we are hence- '
forth to consider ourselves as living under a military govern.. • • .
meat, subject to the law.of arnk, and to the dominion of the ,
sword. Here, Sir, is ample matter for our contemplatiou!
Is this the eon' to which we have been led by Privirese ?
' Had. you, btr, reeled beastlY drunk into the House of Com- , •
moos, astute a scawlalous brawl, and taro% n a chair at the •
head of the Speaker, it trial even be doubted whether at.
'
° would hive incurred more than it inonientary dirplenstire, at-
though the digoity of the •Assetably might have requised the -
form of a reprimand I
Or had ytiu, as a base traitor to the Constitution, even sold
its seats by duseesat noon-env, some ate of opthion the pro-
fanation, although it might have shocked the piety of the
Speaker, Wight lave been passet over even without inquiry.
Why then ire you in theroweri-Our hearts tell u. it is
became you are Sir Francis Burdett-because 'our presence
is paiuful t.. the ,-,at-selling cress-because to alt wipsiocipled
faction- comeoldioi; i'..‘ power nut prlf veto are a commas " •
,Iletity : one .1 Ito, ctiu;.ll% r. ,:A. of ins or of outs, tanks i.- ..
neither o,i at right Mind nor ti I'lo k. I.' ,:h.it only straight tar-
ward to the Comtituttoo, and the 1.;:••• 1 ;:c.!•: ot sour country.
Imprisobmeot, Sir, is not in itself moo:tole ; but 11 rimy be
made se, To you, it is amit cause of exultation. You try- :
. usoph. Your enesiiies on 4 are degraded. 'Molding to its.
volve you in public odium; the) accused you of unconsti-
tutional conduct, of violence, and of shedding iomprent
blood. Ihit • edium recotis t the false and feeble accusa-
tion bas,-by an awful public voice, at which they trees-
' ble, besit.herled buck lii tissindei on themselve,, and they
are kniversally peutsomiced invaders of the CamhOrtion,
lOW of violet.' Men of blood t -endeavouring to lower
,)iner repaintlesi; they have doubled the public confidence
la joie knowledge, year whidom, yoor imegrlty.--Meon- ,
'punishment, (hay have ,Potterree rewards. Design- 4.
log disgrace, limy low bestowed po you the highest humour.:
.1a their rift-their own impotent amine I Bo!, panic-too. i • ,
.0., ii. ohw esoopersher, rdsb osi destruction;. tact Sow nut
Usti lo vtolatiog your persou, they, •were promoting your ,
• parries* forcing YOU from Your seas, they are forwaidiag 1
_soar week; ti the aetseeettee of the Reformer., -they sure'
aceeleratioe Reform! .
Jorsameitte Alm frustrated isll their ;mune* for.etsv or 4o-
' mastic. 14 'bat toast-4k pleasetb oar Horooglimitager
liovereigns that Inch meri shall role the law. Ana are they.
Set fit servants of such masters ? . . , .
L Aro; illasirilas cono h tkvave once morn the thanks of
pitter r esirllk torther with our mimeo prayers to Heaven fur
I , r hetattri Mai yeti• may, ere tnite;.Venew seer • doe#llll.
y eiteaslint, in eiroperittina 'nib the hottest esopue
your. irratimiels. of :Ilse! Houle, mid all other good We, to-
wards a pliap lee restoration.* our two-fule•Coestitutiou.
• he We site of oar minstrel . t
....
isoczErr POR TUE KEL(EF OF DE..
. • C. 4 YE DA R Tal'S.
1, • .
396nte;•time since, ICD/footing' took place et the
Freemasons' Tavern; consisting of Painters, Scull).
tort, Architects, and Engravers. The- oiticlus
for the formation and government of the Society'
were .read overby one of .the Committee of Ar.,
lists which had been employed in framing them..
-1-These, with some unimportant alterations, sig. •
, .
.meted at the meeting, were unanimously apptovett .
of, and agreed to. A considerable sum of money
• was also immediately subscribed, to promote the
preliminary steps, and defray 'the necessary u&...
pences incurred, previous to another euttdefiniJ
tive meeting, at which the - whole business might,
be finally arranged and settled. The Society is
to consist of respectable Artists, in each of the
above professions, and. an honorary fund is also
to be establishes!, its conjunction -with OF princi.
plc one, for the relief o 4 the widows and orphans
of such Artists as are, at •their death, incapable
of providing for the futatOliattenance and sup-
port of their families.. Thelitsiness of the meet:,
jog concluded wills the appointment of Govcr.
nors for the ensuing year, and,, among those =
elected, we noticed the respectable names of Messrs.
Dail's, Turnerelli, Mulready, Randall, Warren,
Scott, &c. &c. • '
. .. • .
..
' ....3-1,--------- .
Yesterch,y a Csiurt'Of•Directers was held; et the
Eat; Judie 'louse; -when Captain JAM ie ES Trszsi.t.
Wad mibra into the command of the ship Exeter,
and tkinir -leave of •thoCoart,•• previous: to depart—
log. tor BOmbay dtrec t.- ' '', ise.D-
Oil Wednesdarlast, an -Inquisition .was..tikon
in Birmingham, on 'the body of 'George Austilf,
who was mortally wounded .in the beUy, On Stun. •
Charter gibs, which ho drew from a cane. 'lite day night; -die 15th instant, with a. sword, by
. unfortunate man languished tilt the Tuesday fol-
•To Aofterdia;lomngorittliivnosgotigwathilocin
the t
and
jtohrierontrilo.
Thursday
they, resumed their inquiry, atter which they re.
fol-
lowing,
wiagi
Jury
-Wilful dfuMeeagainst the sail!
CtuhtalledrietillEtittdie of
Ellis, who was lir Consequence committed
by the Coroner, Mr. WdAtELRY, to Warwick
gaol, to take his-trial at the steal Assizes fur the
•
same.
Reports hate been circulated in London and
other plarCS, that serious riots have lately taken •
place in this town and neighbourhood; we take
this opporticnity of assisting the public that wilt
representitiOns • ate Wilkes! ' foutidatinftt—(Bir.
mingham PtWer.) ' - •,• ,o ) •-
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