The Statesman.
London, England, 1814-05-07 00:00:00

r

TUE ritgital PrOLOpp-
, . •,,,..4:
• •
[Ganrleded tram Yesterday's Stnialeii4 • • •
As have no great faith inliereditary phis% 1
do not expect that the •sational sentiment will derive
in increase of juststes.s, or accuracy, from thseser.
thins of this body in future. Many of tits pre.
sent Men possess considerable talent ; but they will
soon be off the stage, and then the institution will be
merely ornamentat ; they will be " the Corinthian
pillars" of the Bourbonic throne. France, too, will
have her " hospital of incurables;' and if her •Iftli.
niters should also learn the knack of influencing the
. popular representatives, the old despotism will be
revived as effectually as before; but the operation'
will be lees apparent, and the espenoets attending it
wry considerably enhanced. In all governments
that are free, or pretend to be free, the point of the
very- highest importance, is the Ilepresentution of
the People. It will not escape the reader's atten-
tion, that by the present Constitutioo, the French
Firprestintative is to hold his office for five years to-
Mead of two. What can this be for, unless it be to
resider the delegate it:dimwit:at of his constituents ?•
We have been told that BONAIDARTes government was
despotic ; our newspapers have salted the Senate his
' basic- before their eyes the apprehen-

vile ;yes, not . erg . .. - -
Rios, perhatra, that the sanction of these vile slaves] regulated by the collected wisdom or that nation,' -awn— ----.
might ever be wanted for 'our own purposes: the and not by the caprice or the private views of guy'
„,... COURT OF KING'S BENCH, MAY 6. The cotut said, that if that had been stated, they
14.sielatiee Body too they have railed at, for their man, or set of men, in it. It is a constitutioeat-
I
IN RE-PHILLIPS.
and
. would of have vented the writ ; but the Captain
obsequibiteness; although their trust lasted only for doctrine with us, that British interesteare to be dee . This was a case from the Court of Chancery to ; should have returned that fact to the wrie
eeto years, consequently sash a hefehuseutation must termined by the wisdom of a British gehliameall; take the opinion of this Court on the following facts, I ' The At"roimil-GiWpiAt add, the writ had been
have been the wet 30.1, to iselleuref l'artittments: ne.. and guarded by its vigilance. Thus we sometimes , and Sir S. Romllly'sthe stet. 46 G. all 135 s PrenerlY glinted. • The Spanish ship had taken die
vertheless our Papers say that kloaetihtailes govern- hear' of an appeal being made to the national semi- ' sec. 1 and 2, by whith it is enacted, that in cases ship of which the present African was captain ;
ntent was despotic. Now. .I do wit 'assert, Mr. merit by the dissolution of one Parliament and the' of commissions of bankrupt thereafter to be issued, theship was not uow detained regularly as a seizure
I.:whoa, that it was :set despode,, for well I know,' calling of another. Now, whatever may be said of all paymeuts by and to, and all dealings and trans- ; but by the revenue offiuers, and the African had bed
there never yet was a epees. otgovernmerstluveuted ! the inequality sad incompetency of our ltepresenta- !actions by and with, any bankrupt, bona fide made detained to superintend the landing of the cargo.„‘...
or entered into more than two calendar mouths be- There: were now two objects—to Maintain the authe,
by man, which woulli preserve a *Son frog: that I lion, it mast be confessed that we have here a full •
nay not anxious of Wail so; and tliterefOrev.beitlg1
acknowledgment of The-prteeciple-iforarlithirt Cone ; fore the date of such commission, shall, notwith- hrity of the Court, and to get the*African discliargeil;
conicioutof this troth, I dare not art that Dope- i tend, atsd in which the verressence of liberty con- ; standing any prior act of bankruptcy committed by ; and the Court thought the best way of effecting thole
raiere's government might not be despotic ; but this : slots. ! such bankrupt, be good, provided the person so. ' was by granting a rule to quash this attachment,
dealing with such bankrupt had note at the time of , span consent to set the African at liberty, if the
I am disposed to think, that if it was so, the people I
It was with thin view that I took some pains at the '
were inclined that it should be so; either the fever . such transaction, notice of any prior act of bank- : Court should think he ought to be liberated.
commencement of this lettet, to show the Reader,
of liberty had subsided, or else the nation was die: ruptcy having been committed by such bankrupt, or!
! by quotations from the Abbe Alesey, that the de- '
!!used not to quarrel with its Chief during that that he was insolvent, or had stopped payment; and
cri- slot and scope of the-first Constitution was to give .
heal period of contention. I maintain, Sir, .that a in all cases of commissions of bankrupt thereafter to
that activity to the public mind, which is so' condo- •
nation possessed of a representation, 'renewablebe Issued, every person with whom the bankrupt
cive to the advancement and maturation of the na. :
every two years, by the means of impartial election, !shalt have really and bona
,fide contracted any debt
tional, reason ; and if in this march the French
has the power of being free whenever itpleases._before the date and suing forth of such commission,
1 people were led wrong, we ought not le much to
And to felt the reader ingenuously my mince this was which, if contracted before any act of bankruptcy
• blame them as those who practised opal,- their Ines-
the point I always relied upon. Whenever I heard ,committed, might have been proved under such corn-
periente. Neither ought w.e .eo forget our own i
of any arbitrary act on the part of NtLPOLEON, thismission, shalt, notwithstanding any prior act of hank-
faults in censuring those of ethers. Nothing that;
hope always cheered rite; I said to myself, when the be admitted to prove such debt, and to be a
the French did could be more than our i
Goverument is established, and the world at peace, ! creditor under such commission, in like maanSr as if
recourse to the sword, fOr the purpose of extermi-
the French people will teach you better manners, . natilm, unsueb prior act of bankruptcy had been committed,
principles abroad that constitute the basis of '
Mr. Boer. I never could suppose that a nation = pewrided such creditor had not, at the time of the
our own Constitution at home. ' I have ,quoted
in which such excellent works were circulated as that debt being contracted, notice of any prioract of bank-
PLOWDEII, who quotes FORTI/ItUE 'who quckes St,
of M ABLY, and severe' others that I could mention, ruptcy. The bankrupt in this case was II: Phillips,
T/1014AS AIIIgNAS, to show ,• mankind had
would allow its rights to be violated longer than itsine-merchant, who, in Aug. 1810, being in part-
never forfeited paradise, they would hate been go- '
was politic and necessary for them to remain silent.ttership with S, II o, they became jointly in-
terned now by those very principles, which we have '
But I am not prepared to say that as much may bedebted to J. Pentold, in tile sum 0f.40001. for whkh
shed so much blood to eradicate and suppress OR the
done by the instrumentality of representatives for . they gave bills of cschangc as securities. Philiips
Continent; and of selikh we now, after all -this
five years, as can be effected by the means of retiree . .r._ committed an act, of bankruptcy, which Was rolleisher
havock actd misery created ht the world pa OW
seittatives for two. I therefore consider this as a-very , . . J ' • •
ti I • k 'Yr-
' by ijo commission,„ and this act •of bankruptcy waif
, , coeut, pretenn to be the patrons. may Weis swig ' . , •
. important alteration, and am consequently led to ase r 'ln October, 18113, tiit pettier.:
mutated proofs dispel the remaies of thee illesiee ' known tn tel'fbld'
•-•:,by what authority is it effected? Reason and justice tellmkt did
, ship erehteci•threeejoitit tour seteutt bailie to Pen.
.first spread abroad by an' eloquent writers; .
s, tie that no trust can be extended beyond the term, orfold, with :interest. Brewery the let of November
more mischief with his pen than • ; Bensiammu
the conditions, for, ollsupon, which it was confided, , and the.end of December, 1810, Phillips became in..
with his sword considering that *wee the piens
without the consent of the party who first granted debted to Business in 800!. and Ott the Ist of April,
mover of the whole, the first kindle". of site
it. Supposing that I were disposed to gait this coup-' flame; 1811, committed atinther act of bankruptcy, which,
' and although his abilities were ooelsmip epebledhlto
for France, ankletire the -bout- In /kWh I..eifon theeth of April, was followed*, by a comtniv•
to set a whole world in arms, yet was' he no more
(7,l,writing this letter, and any other property sion on the petition Of Bowness, and under this cora-
►l than a frothy, superficial- delahner, and withal, a ,
*ay peewee, be it what it may, to the cave or guars:
j
ditisebip of a pima who I think I can confide in feel
Iwo yews, intending at the end of thet period to. ,
most contemptible fellow, at teet, in the histnble
',opinion Of TIMOTHY Teuwete, whose independent
mind will never pay to popular celebrity the respect mission Penfold Proved 10941. and the question was,
whether he had a right to do so ? ilttekins had not
become bankrupt: there were joint and separate
Mavis, and see how my agent has ,eohducted hins-1;i funds.
1 ly due to sincerity and truth. Woe to that us. .
self, and, according to circumstances, displace!
( T ea! where the man of talent (however splendid ;
er continue hits; and suppose wh" I eetzli,rn lie Ralf
se talents may be) shall: te able to prostitute him.
livid him set op a new authority, by vi_,h`," ,'"' 'self to venal purposes, witlsau4 incurring the odium l3 WM Mr..Gtrroao maintained the affirmative pf this
! questiOn. Pen'to'd htql 'certainly such a right before
the statute; ahlt Ilse question was, whether he had
• winds to .be my agent_ agaielit.-PAY-Wins...tur ..0e a contemptible fellow I
.
it not since. Every, thing which is . due at the time
or 'full term and duration of flue years, %mura of the act of bankruptcy, is probable under the
it not be clear, !Dirt if such an appointment 1 ' '
St. 'Noises has told us hew wearould have been commission, and barred by, the certificate. :2..gpe;
could be maintained, my right of property mest ea. ! governed in Paradise ; but why, I ask, are we not 'avid Publ 1. This vine clearly a debt to Penfold at
Wish ? and that be who could do ads wood hi, the !, governed so here? Is it not the interest of all men the time of the act' of. bankruptcy. 1 Ceiri. 4890-
master of my bOoSelfr4; sad I bog leen le ask by the i that right reason should regulate the concerns, not .on which Lord Ellenborough says, the grievance
same Nl* of reastselog, whether this Geweeenotiee ; only of our own nation, but of every other, since ! which the statute menet to remedy, was the practice
Senate, as they are pleased to all theaselemi,thisot, . the general peace of Europe depends upon the gene- !of upsetting commissions of bankruptcy prior to
by esteadies die reproseatmin. oast frets twe.mrs . rah influence of reason ? What calamities would he that relied _upon on the part of the assignees, as had
to ,fiveleonimit es gent, mite far meter oiolol of spared to -sufferiug hanianity, what a paradise would
.happeteel so repeatedly in Steel's bankruptcy, and
. privets", thins wooklhooseweleted to the case :here this earth be, if the nations that dwell open it would ,in 4i-her instances,
' The intention of the statute
soprani ; fen ha *lido. cossatelea Ole files-videpige . fellow that rational principle which Providenee gave i wet nit to narrow, but to eatend the relief to ere-
property consistent thy= that glee security to them fur a. guide, and which, if they negiect to ditork. Au act
: of bankruptcy is nothing, uhless
our persons, es well as yto the eajoyeseet of ; follow, they are sure to suffer for it : such suffering ' followed up bit ICEOMMISSiOiI 2T. R. 479. Any
*De goods. Sigh are the eights outraged to the ; seldom!prevents a repetition of the folly-. ' i other coestratetime of this statute would introduce
Board of the people's representatives; mid shell a' LACTANTIUS has well said, that the laws of read this mitchief,7--thet if a creditor should happen to
nation, amounting to 30 millions, permit these rights son are never violated with impunity. ifhotigti -men km!" of an act of bankruptcy committed five years
to be violated by a body of dear 6 indtridaals, Wen , evade other lilies, 'they will not (says he) lisceile the before% although the act on which the commission
though they had never been designated as the " vita hponsequences which always attend the breach 'of tridihitia be centted only the day before
slaves of a despot ?" But.this is not the fall extent lithese : he means us to understand, that etch 'the ; thath /sitting, ' the creditor would be barred from
of the evil; fur this usisrpfUes Sweats (a name that t rulers Of nations, who can make their convenience . proving under it, and the bankrupt would be still
seems better fitted to it than. that of Conservative, f their law, will suffer by the violation Of this Veit ! liable. • .
at trait, in my opinion), gives us terunderstand by I natural lawe-and indeed so must their people, when. I ; Lord geeproottotion.—.lan act of bankruptcy,
the 9th article, that same innovation is intended to lever they become, as it too generally happens, their ! without a petitioning creditor's debt. at the time, is
be made in the mode of election unto, as wallas the i accemplices in the offente. Deiirant Mies, Says good for nothing. There was formerly:a cantikna
It
duration of, the representative trust ; for aye the i the poets Ind'. the people weep over' thih' effects to thecontrary of. this ; but union Out I:this/41)1okt
Electoral Colleges shall be preserved, ". with the of Itoyalalelirium, that is, hi the end ; bUt field they ruptcy were athentWavith alt its: aCcooipattia4otai
exception of the changes that may be made bye law catch the infection ; the phreniy paisot fries the the cases to the contrary .were wrongly decided in
in their organization. llere..,theo. the ksreech prinds to the peasant, it rages in every itoeaft, and every iuxtance. It h time to return to the common
- people are plainly told, that 10_1000f t‘gplatiqa.. Mato Mei-rush voluntarily upon that destrisetitin *Mete ' sense, from which the decisions on Steel's bankrupt-
take place respecting the mode by which their Dale- Justice intends should be the chastieernerahof:thele4y.hed removed we - - „-
gates are in future to be elected ;so that what power folly. These are the ordinations of Provide:tees:Midi Mr. Miattyafribillere. Contended that the eta:
,
of choice may ultimately remain to the people over who shalt say that they are not just ? Who *heti . title:wits not meant to -extend the power Of prose's
their own Representatives, no man can tell : the most say, that having given men reason to be their guide, • lag tePersene.whci hadnotiee of a prior act of Wake
necessary article, the fundamental principle% ao es- he doth wrong in punishing them for disobeying hi : employs . . .
•
sentially requisite for securing the people's freedoms precepts 3 The loss of a great many lives, and the I-. i11r..1. IA ilhaWc.—Then every such creditor is
is thus left unsettled ; and a man might with ease burden of an enormous debt, are the punisheledti • excluded from every. remedy.
suggest a clause to be introduced into this new or- which we have incurred by a war madly underhilteii Mr. Menairec replied, that his certificate dls.
ganization of the Electoral Colleges that would ren- to prevent the government of reason in France. Moy charged him only' as to debts provable by the eta.
der all the other articles of the Constitution nuga- We !elm wisdom by experience ! May we respect tuts. •.`
tory ; end, in short, leave the whole system at the hereafter in other nations the same free principlet Mr. J. Le BLAWC.-,-Then it lathes the bankrupt
mercy At the Crown. An artful pOliticiati may corn- that ought to be our guide at home ; and particular. i liable to all other debts, though ill Ms .property is
pound together the differentingrettients of monarchy, ty may we respect them is the Ali tivernm'ent of Amth+ taken away bye seheeenent-commissies... ,
aristocracy, and democracy, insuch forms and pro. tier! lint; 'alas !—I elenithelieltve this for anothei Nr. J. 134hsilii.—Then it would, be good re.
__ ..7'5-V, _ _ 1- 4 • - •
Akio tr' a :plea of bankruptcy • h certificate;

COURT OF EXCH r.QU ER, MAY 6.

ROBINSONS V. MAT AND 'OVUM

This case came before the court upon Demurrer,
by the Plaintiffs, to the pleas put in on the part of
the Defendants. The action was brought by the
Plaintiffs to recover from the Defendants a compm.
sation in damages fOr an injury sustained by the
Plaintiffs, in their chiriCher ind reputation, in con-
sequence of a libel published against them by the
Defendants. it appeared that a certain meeting or
society was held at a room In Southwold, called the
Cassino, frequented by proprietors, by annual sub.
scribers, and by others • and the libel in question,
consisted in this, thit the Defendants and others,
'itthe Were described as proprietors of and subscribing
to this room, had come to a resolution, pin-porting
that the Res. Mr. John Robinson and Mr. James
Rohl:owl being unfit persons to be associated with
[kr. them, be rejected.
After hearing Counsel,
• The Couri was unanimously of opinion, that there,
Was nethitig itt the publication in question which
could- be said to constitute a libel, and, thereforei
ordered
.that judgment should. be Intesed ler the
Defendants.
•
• •CONSISTORY COURT,
A DOCTORS' smantatii,
MY 6.
DAYS (ItiLSELY CALLED JAftiiS) V. SAWS. •
In this case, which.was a proceeding for a mill
of marriage, by reason of minority, -it will be
collected, from our report of the hearing, thit the
Court was then of opinion, that all the factsneces.
sary to sustain the sentence of nullity were sulficieutm
ly proved ; hut it was, thought necessary, for the in.
formation of the Conk merely, that the death of
the minor's father brainlike, and the consequent non.
appointment of a testamentary guardian, who would
Otherwise have the dest legal right of consent to the
minor's marriage, should be further ascertained by a
search in the proper offices for a grant of probate of
the will or letters of administration of the deceased;
atid•the conclusion of the cause was therefore re.
'chided for the purpose of receiving evidence upon
that point. Due search was accordingly made by a
competent person, whose evidence was this day
read to the Court, and from which it appeared that
'au will of the deceased father of the minor had been
proved, or letters of administration granted, up to the
present time. •
SirlVu. Scow was • of opinion, that this evidence
amply supplied the information required, and that
the case was now complete. As the object of the
suit was to set aside a marriage which bad been twice
celebrated, with a view to give it-more complete le•
gal effect, and it had subsisted undisturbed for N
many years since; it was not without great pain that
the Court felt itself under the necessity of pronounc.
ing the marriage null and void, but the evidence is
the cause rendered such - a decision an imperative
deity. • The sentence of nullity was accordingly read
and signed.

EWING P. WIIEATLET.
This was w cause of nullity of marriage, brought
by Martha Ewing, of the parish of St. Mary.le.
bonne, against Francis Wheatley, her husband, for
the•witat of a licaucedely;had and obtisiwed%
The case came before the Court on the admission
of the libel, consisting of a number of articles,
which cbkrged Mr. Wheatley with falsely describing
ittniself 'on procuring the licence, and with a inside.
lent alt4retion-of the same previous to the solemnize•
tion of the marriage between the parties, which took
place on the 19th November last, in the parish above
stated. It appeared itt the licence granted, that the
Lady's name was spelt 44 Ewen" instead Of
ie Ewing," and that' Mt. Wheatley corrected it
" Ewing;" being her right Illllllle.' It was contend•
ed on the part of the wife, that describing himself
falsely,. and altering the'licence as stated, was dune
with a. fraudulent_ intention, and therefore it would
;1;64(04 instrument, and make- the merrier Dull
ittid void:,
4;
The Chute r irutostaileSdorr), ano tat. Pit,
btibg lite'varFentt 'article. in. the libel; • Was cleiaty
opinion,. that - there was no fraud intender by
the party this case, and therefore rejected the
, ,

be a
lifes.. :0 pi § k
trite it is that such bitikruptcY'hiis' place but
yOu had committed a prior act of 'titter) of
*MA had'uotice. 5 •
Lord ELLENnottoron.7—The ques6.o4 is, whether
,p.icreditort kpowing of !to inoyeratitg,rt of Bank.
etsptcy, is eacluded.frotupspving under commisstot
upon an operative acts?
Mr,J. wird ." any" itt
4Wt °lnset hi el"Witibed s"ary. Vribr, iqt ef4mtu keg° Coijjak..:l4l;;ll;4 finO Pai41414. Lei:Ses, al 144'
I.ey under which a commission issued." 4 STA TIMM* 11 °Erten. VI flettAltrellt•

p
--,, rtions as to make almost an endless variety of
Governments, but none of these would deserve the
name of a free Constitution, without that indispeuT 1
sinle article, that sine qua non, a free and algal 00
presentation of the people. The new French cod..
atitution dees not insure this, and,
.therefere; aortal
opinion, it cannot be called a free Conetitutiesa-.4.,
'I he system seems specious in nmoy respeds, *lib
Liberty it pretends to set up wants radical seppeet4
it has no legs to stand upon. Now, Abbe. Be-
st Sera war intemperate sitd impatient of resist-

occasion, • .id sobsciribe myself .
71."111111111.
• Beekkillialielk Apt* Mt. . : -747.
•

• W.
.
tookt • nishire and lilt neigh-
bourly* . - .... ,tlisit . disorders bare vest
—, • . , `1" .. ' his now uniierstoodtbet
tilos. . ',' 't 116 iyiiiiokitely referral* tint ausig
deratioreolf+idienseutb •f. he. vapors. liort fos'oOtoe
time bees lo Lord Stossovises office.