The Statesman.
London, England, 1818-07-08 00:00:00

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Defeudatit had no stock during the whole of the
fear 1817.
Mr. George Cawthorn, from the benking.hoose
of Marlin, Stone, and Co., deposed. that on the. 27iti
of February, 1817, Mr. Lightfoot had 29661. in
their hands.
Mr. TOPPING observed, that that sum was not equal
to 50001. Consols.
Mr. Justice ABOoT admitted it, adding, that the
Defendant would not be less liable even if it were
shown that the bargain had been illegal on the part
of Lightfoot.
Mr. TOPPING then submitted that the evidence did
not sustain any of the counts in the declaration : the
contract was set out in all of them as to be completed
on the 27th of February, whereas it appeared that it
was to be completed on the settling day.
Mr. Justice ABBOT said, ;hat• it was well known
at the time that the settling day was on the 27th of
February, and he called back Mr. Lightfoot, who
confirmed the statement ; it was known by the Board
on the 20th of January, that settling day was the
27th of February following.
Mr. CHITTY, who was on the same side as Mr.
Topping, cued the case of Payne v. Hayes (Bull.
N. P. 145), in which it had been held that though the
22d of August, and the opening, were convertible
term;, as the contract declared upon was the former,
and that proved was the latter, it was a fatal vari-
ance on which the Plaintiff must he nonsuited. Its
this case the contract ought to have been set out as
for the settling day, and it ought to have been fol-
lowed by an averment, that that settling day was the
27:h of February.
Mr. Justice Aaiun conceded that the authority
was in point, but he covet-ruled it es not law ; the
case was one of those that respected the South Sea
bubble, and the Courts had admitted almost any ob-
jection for the sake of avoiding the emitters,.
Mr. TOPPING then took another objection, that
the present action had been brought too soon ; it
had been commenced on the ae►y day when the
Plaintiff in the former suit had been nonauited, and
before judgment of ;tongue, had been obtained ; c.tn-
sequeittly the present Plaintiff bad no lucus stundi in
cu► in,inasmurl► as the 4.ther party was not out of Court.
Mr. CHITTY further enforced this objection,
drawing a distinction between qui turn and other ac-

lions ; but
Mr. Justice AnanT over-ruled it without hesits.
tier), on the growid that, if it were of any grail,
it
ought to h.ve been pleaded in ahatement.
Mr. TOPPING admitted that he had no defence
upon the merits, and after a few words fr..m to.
Learned Judge, the Jury found a verdict for the
Plaintiff 5001.
GAMENUN) ASSIGNEE OT LUNG, V. SMITH. MARTIN,

AND S5lllll.
This case occupied much of the time of the Court
to.day, but the citcomst•oeps were very uislo•pr,,t_
log. The Potiotiti obtained • verdict for 534. 84
fir goods sold by the Defendants subsetpent to the
Commission.

R 6 MO NCR.
The following is this humble awl spitited conclntion
of the Remotistranre of the Parliament of N.. 1 .
mandy against the King's Edict fur levying new taaes,
in September 17, 1763.
" If your Majesty be desirous to give vour People
a proof of your royal and pateinat 41ret-i n, )4)
may, without any difficulty, eiaanlish at nnVP both
their happiness and your own Blurt. You *0 ac-
complish, Sir, this object so truly %.solly of the
goodness of your heart, by reducing ad the sinin.st•
to one only ; that is to sty, by demanding of one
province their preporti
411111 I contlibution In the wanes
of the State, and by atohniiving them 0, levy I. them-
selves, as shall be most for their rummnn
and to carry it directly to your Ilitjest), Your
tretsury will then receive without deduction; the
People will pay without compulsion ; t'4e nation
aid he rescued from the tyranny of greedy sod in.
satiable men, who live only for the mkiiirtune of
others ; the throne will be secure fine hell% sus.-
prized into wrong steps As it continually is at
present; and an evident advantae will accrue to all
parts of Government. A multitude of men who sub-
skt at present by rapine, will become hottest and
useful, and the State will arglite in them a number
of new citizens. You, Sir, will have the satisfaction
of restoring in one day, a great kingdom, which be-
ing your country, as it is that of all your subjects,
has the same claim to your affection that it has to
theirs, end imposes ou your Majesty an obligation
of conscience which no consideration whatever can

remove.
66 All men, without distinction of rank, are the
children of one God, the common parent of all us.
ture. You, Sir, le the immense family of which you
are the head, are the eldest of his sons : it is to pro-
mote the happiness of those who are placed under
your care, that you are invested with the supreme au.
thotity. Your subjects have a right to your benefi-
cence : they have therefore a right to the easiest and
least burdensome method of contributing to the wants '
of the State. This right, which is founded in nature,
belongs to every nation in the world, whatever may
he its form of government. It is principally the
right of the Francs, and in a more especial manner
[ that of your province of Normandy : the Norman
charter furnishes, on this head, the most respectable
monuments of our national immunities, and of the
justice of the Kings your august predecessors. We
there find, • That no tax can be laid on your subjects
6 of this province, unless it be agreed to in the
6 assembly of the People in the three Estates.'
This charter subsists in its full force; it makes
part of your People's rights, which you swore to
maintain before him by whom Kings reign. The re-
gistering these Edicts occasions great murmurs and
complaints also in other parts of the kingdom; in the
mean time, the Court of Aides at Paris (which is
somewhat of the nature of our Court of Exchequer),
in their iemnustiances against these Edicts, inform
the King, ' That they think it unnecessary to add
any thing to the just and most affecting picture, which
has so often been held up to him. of the misery to
which OP people in the Provinces are reduced : but
that if any should presume to insinuate to his Ma.
jesty, that the picture is ouire, and the representa-
lion of his Magistrates greatly exaggerated, his Courts
would in that case think it their duty to beseech him
to be graciously pleasellito hear his People themselves,
by convoking the States-General of the kingdom.'"