Mr. Francis contended, that the queftion before the houfe was one of pofitive law, and could not be determined by any other principle. The drift of the lait fpeaker was, to fet precedent in the room of law, and the authority of the Houfe of Commons above that of the legislature. The House of Commons had been proved to be incompetent judges in matters of elections, their decifions had been ́notoriously partial, and the legislature had on that account left nothing to their difcretion; and, if the legislature has not allowed them any difcretion, it would be prefumptuous in an individual to pretend to a difcretionary pow er. Here the Minifter defired a variety of petitions to be read, which proved that petitions had been received contrary to the act. The Minifter's fide was taken by Mr. Grenville, Mr. Tierney, the Attorney General, Mr. Jarvis, and Mr. Dallas. Mr. Grenville gave a history of the custom of parliament, dwelt much on the equity of the cafe, and the injuftice that would be done to the petitioners by not suffering their claims to be heard and examined. Mr. Tierney dwelt ftill more on the hardship to the petitioners; afking, Why this informality had not been pointed out before? and urging how ftrange it would appear on the journals of the houfe, that a petition had been prefented in one feffion of parliament, ordered to be taken into confideration on a certain day, renewed according to the rules of the house in another feffion, and reject ed on the day before it was to be taken into consideration. In rejecting alfo the petition there would be manifeft injuftice, for a mere dry technical objection was all that was made to it, and he was fatisfied that the fubftance of the act had been complied with. The Attorney General conceived it to be most unquestionable that monftrous injustice would be committed in rejecting the petition; and, if the house was wrong in receiving the petition, its error would be corrected in the committee. He argued from the practice of the houfe: the fpirit of the act was complied with, and a mere dafh of the pen would have made the petition cor-` rect in form. He called on the house to look at the hardship of rejecting the petition, having kept it to the eve of referring it to a committee, without the leaft intimation to the people of the country that fuch petitions were wrong. Other petitions must on fuch a decifion fhare the fame fate; and he conceived that, if a fimilar petition had been prefented against the Chancellor of the Exchequer, and a fimilar ftep had been taken to quafh the proceedings upon it, the house and the public at large would have viewed fuch conduct with astonishment and refentment. Mr. Dallas confeffed the cafe to be of very great importance, but the ob jection had not been made on the prefenting of the petition, when the party might have obviated the objection: the injuftice of rejecting it now, when no remedy was left, would be enormous. It would be abufing the people to say, that on a fudden the house had difcovered its error, and thus quafh a variety of petitions. He wished that the petition had been otherwife worded; but he should vote against the motion. Mr. Jekyll, Lord Archibald Hamilton, Mr. Serjeant Beft, and Mr. Fonbianque, fupported the motion. Mr. Jekyll contended, that no doubt could be entertained on the conftruction of the act of parliament; that the houfe was therefore bound by the law of the land to throw out the petition. It mattered not whether the question had been raised before, or what precedents might be to the contrary: the blot was hit; and whatever might be the confequences to the petitioners, the houfe must perform its duty Lord A. Hamilton was equally firm in his conviction. Mr. Serjeant Bett entered into the queftion with all the gravity that became a found conftitutional lawyer. He conceived it to be of infinite importance, far beyond the merits of the prefent cafe. The houfe, he faid, was bound by the law of the land as much as the meanest individual; and viewing it as a queftion of law, he could not entertain the leaft doubt upon the fubject. The freeholders of Middlefex might fuffer inconvenience, but law cannot bend to the convenience of individuals, equitable conftructions, or various precedents. Precedents, indeed, might be reforted to when the law was obfcure; but here only one conftruction could be put upon the act, and the practice of the houfe cannot be fet against an act of parliament. He did not feel the force of the obfervation on the length of time that the petition; had been in the house without objection, for a fuitor might as well cont plain of his caufe being carried an in a court of justice for a twelve month, and then rejected because the case did not come within the jurifdiction of the court. The parties alfo did not appear to him to be without redrefs, as the houfe might difpenfe with its refolution in this particular cafe, and permit a new petition to be prefented. But if the houfe fhould direct the prefent petition to be fent to a committee, all that the houfe did upon the refolutions of that committee muft, in law, be null and void. Mr. Sheridan affirmed the claufe to be peremptory and clear. The cafes when a petition was to go to a committee were laid down with the utmost precifion. All difcretionary power was therefore gone from the house, and it must be discharged. He, however, propofed that the question might be put in this form: "Does the petition contain words fufficiently expretive of the requifition in the ftatute that the petitioners therein claim to have a right of voting at the election?" Mr. Fox answered all the arguments that had been urged against his motion, and was willing to put the question in the manner propofed by Mr. Sheridan; but as the houfe did not feem inclined to it, he concluded by obferving, that many gentlemen would vote on this question better inclined to take the conclufion than the component parts of the fyllogifm. This might be termed royal voting: royal voting on a question of justice put him in mind of an antient ftory.-One of the Ptolemies, difpleased at the labour of going through fo much labour of mind to come to a mathematical conclufion, asked Euclid, Whether the fcience might not be acquired by cafier methods? There is no royal road, replied the philofopher, to the mathematics. The voting took place,when there appeared for Mr Fox's motion 24; against it 72. The reader will determine on examining the arguments on both fides, whether the voting in this cafe was royal. The Volunteer Syftem and the Irish Bank Restriction Bill were the chief points of importance difcuffed at future meetings; and the fubftance of the debates on thefe points we shall defer till the debates on the volunteer fyftem are concluded, which we pre fume will be early in the month. DOMESTIC INCIDENTS; Most important Births, Marriages, Deaths, &c. in and near London: together with Biographical Memoirs of eminent Perfons deceased. HIS Majefty's Indifpofition.-The first fymptoms of this national calamity it was our reluctant task to notice in our firft number, page 65; fince that period, in fpite of all that better hopes and the warmest withes and affection have laboured to conceal, the melancholy fact ftands confeffed, "that his Majefty's diforder has increased, and progretively excited the moft alarming fenfatious." The evil which the public mind, ever alive to the wellbeing of the Sovereign, had anticipated but with too much certainty, was placed beyond all doubt by an offic al communication of a bulletin at St. James's, on Tuefday the 14th, as under, and which has been fince fucceeded by daily feries. St. James's, Feb. 14. "His Majefty is much indifpofed to day." Wednesday, at one o'clock, the bulletin wascouched in the following terms: To defcribe the general concern of all ranks of people upon this melancholy occafion, or the extent of the inquiries which have been made, would far exceed our limits; fuffice it to fay, they have been general, from the prince to the pauper. The indifpofition alfo of his Royal Highness the Prince of Wales, which has hitherto prevented his vifiting his royal parent, has rendered the prefent a period almoft unprecedented in the annals of national affliction. The rheumatism, the gout, and the hydrops pectoris, have been alternately affigned as the causes of his Majefty's illness; but though the moft refined delicacy is due to the perfon of the Sovereign, and to the feelings of his illuftrious relative and admirers, there are ftill many who entertain the pureft attachment to the Royal perfon and his family, who are compelled to admit, with refpect to the real nature of his Majefty's illness, "that it arifes from a vifitation of the fame kind with which he has been twice before afflicted." Here, as his constitution must be lefs able than before to refift an attack of fuch virulence, we with to throw a veil upon the future:-"Sufficient for the day is the evil thereof." We understand that his Majefty is now upon the ground floor at the Queen's houfe. Is ufual bed-chamberbefore was on the first floor, in front of the Park. All the rooms in the lower part of the houfe, which were before not carpeted, have, fince his Majefty was taken ill, been covered with green cloth. The locks and handles have alfo been muffled, to prevent his Majefty from being disturbed by any noile. The orders alfo given at Buckingingham Houfe for the exclufion of all fraugers, except the Royal Family, the medical gentlemen attending his Majefty, thofe of the household, andTM Mr. Addington, are strictly observed. Southwark Millenarians, Vifionaries, &c.-Last week a private examination took place, before fix of the Magiftrates at Union Hall. A Mr. Carpenter, a perfon of fome property and confideration in life, has been fome time in the habit of preaching to large bodies of people in a building near the Neckinger. In this cafe, he is faid to have made ufe of a boy as his inftrument, who though wholly, as he held out, untaught and illiterate, contrived to fee wonderful ftrange vifions, which he would delineate on paper: the preacher would then expound them, fo delineated, to his credulous auditory, who were fo very numerous, that it has been the conftant practice for large crowds to affemble in the streets and roads on a Thurfday evening and a Sunday morning, dilputing on the fubjects held out by the preacher : some of these perfons are faid to have been thrown into a state of perfect derangement, and much diforder has been ap prehended, chiefly owing to a want of room to admit the numbers that attend. The lad, whofe vifions the preacher undertakes to expound, has been in a workhouse, and is totally illiterate. They are faid to refer to great changes, principally in all the religious eftablishments in the world, which, thefe people teach, are to make way for the Millennium. They renounce the idea of payment for any religious functions, and decry all forms of exifting worship; they however accept of fealed papers from a woman they deem intpired, which are received as marks of their election and fafety. This woman, who holds herself up as the womun Spoken of in the Revelations! they deem a prophetefs; and though they anticipate great changes in order to bring about the ftate for which they contend, it is remarked that they hold Brothers, and predictors of his clafs, in abhorrence.-The reafon why Mr. Carpenter was fummoned before the Magiftrates, was, his neglect to obtain a licence for his chapel. The extravagance of the doctrines exhibited by thefe people, it is thought, will prevent any alarming confequences in their diffemination. Volunteers, Fines, &c.-A circular letter has been sent to the Lords Lieutenants of Counties, which states, that in the event of any of the volunteers being either placed on permanent pay and duty, or ordered out on actual fervice, they are to be subject to military difcipline, and to all the provifions of any act for the punishment of mutiny and desertion. Whenever they may be called out, the articles of war are to be read before them. In our laft (page 65), we mentioned the cale of Mr. Thomas Dowley, belouging to one of the Southwark corps. But in confequence of the publication of Mr. Erikine's opinion of the legality of his refignation, the trial, the coincidence of Lord Ellenborough, and the fubfequent proceedings in parliament, the Magiltrates of Surry have returned Mr. Dowley 61 6s 6d, the amount of the distress levied upon him for the non-payment of his fines. The property they feized cott Mr. D. near 301. He contented himself with the fum produced by the fale, and has generoutly waved his right of action against the Magiftrates, who, by their illegal conviction, had fubjećted themfelves to double cofts. The late Middiefer Election.-The Committee appointed to try its merits affembled on Saturday, Feb. 4; Lord Marsham in the chair-Mr. Pigott, counfel for Mr. Mainwaring, addreffed the court in a very long and able speech, in the course of which he accufed the fitting member of having obtained his election by unjustifiable means: he faid, the honourable Baronet had endeavoured, by an hired mob, to intimidate Mr. Mainwaring, and force him to decline the conteft. He defcribed all the outrages committed at the late election, particularly the infult offered Mr. Mainwaring, in placing a fellow, called the orator, dreffed in a wig and gown, in fight of the electors, and alfo by connecting him with the Bastille, and imputing to him fuppofed cruelties committed in that prifon. After he had dwelt upon these points, he reprobated the conduct of the late Sheriffs in fuffering fuch scenes to take place. He alluded to their partiality in receiving the votes of the pretended electors, who voted as freeholders in right of a mill at Ifleworth; and concluded by expreffing his firm conviction that the court would unfeat Sir Francis, return Mr. Mainwaring, and deal with the Sheriffs as their conduct deferved. The Committee have fince agreed not to come to any decifion on the cafe of the Sheriffs, or the mill voters, for the prefent. They also recommended it. to the counfel on both fides to confider of a plan to expedite the remaining part of the bufinets. Execution of Ann Hurle.-This interefting young woman, only 22 years of age, convicted of forging the name of Benjamin Allen, of Greenwich, to a letter of attorney, with a view of defrauding him of 500l. three per cent. ftock, was on Wednesday morning, Feb. 9, executed at the Old Bailey, purfuant to her fentence. This unhappy victim to offended juftice was a young woman of very interefting appearance, and her whole demeanour at and previous to her execution manifested how little the expected pardon in this world, and how firmly the relied on mercy in that which is to come. She was brought out of the debtors' door in Newgate exactly at eight o'clock. The mode of exccution by the drop having beca changed to that of the common gallows, the was put into a cart, and drawn to the place of execution in the wideft part of the Old Bailey, where the expiated her offences in penitence and prayer. She was neatly dreffed in a black mufin gown, chip hat, and white neckerchief. An amazing concourse of fpectators were collected on the occation, all of whom commiferated the fad fate of Ann Hurle; while that of Mathufalah Spalding, executed at the fame time for an unnatural crime, excited fentiments of a very different defcription. D. Fitzmaurice, who had been ordered for execution for returning from transportation, received a refpite. Forgery. The perfon who committed the forgery to the amount of feven hundred and forty pounds on the houfe of Robarts and Co., Lombard Street, has been taken in Berkshire. He received from the bankers two 3001. bank-notes, one 100l. and a 301.: he immediately afterwards exchanged the two 3001. notes for fifteen 201. notes at the Bank of England. The forgery being foon detected and made known, it was difcovered that he had engaged for 400l. worth of plate, at a refpectable house on Ludgate Hill, paying for the fame with the 201. notes, and ordering the plate to be fent to a certain house. From this circunftance, fufpicion fell on a late clerk to a refpectable Jew Merchant in the city, who was traced into Berkshire, apprehended, brought to town. and Decifion of the twelve Judges in the Cafe of Robert Aftlett.-On Thuriday morning, Feb. 16, the Judges having taken their feats upon the Bench, at the Old Bailey, the Recorder directed Mr. Kirby to put Robert Aflett to the Bar. Mr. Aftlett was accordingly brought into the Dock, and, on his entrance, bowed refpectfully to the Court. framing the act, he faid, was to afford Mr. Baron Hotham then addreffed, the prisoner nearly as follows:-Robert Aft ett, you were tried and convicted in this court, at the feffious held in September 1803, for embezzling Exchequer Bills, you being an officer employed in the fervice of the Bank of England, and having fuch bills in your care and cuftody. The indictinent ftates, that you, being an officer, was intrusted with certain papers, commonly called Exchequer Bills, one of which was for the fum of five hundred pounds, belonging to the Governor and Company of the Bank of England, alfo feveral other bills for different fums, the whole of which, you, being fuch officer, did felonioufly fecrete, and run away with. It is admitted on the part of the profecution, that these Exchequer Bills were not legal, not having been figned by a perfon duly authorized by Government; but you were convicted, and your judgement was refpited, in order that your Counfel might fubmit to the Judges, under the 15th of Geo. II, what then appeared to them relative to your cafe. Eleven of the twelve Judges have fince met in the Exchequer Chamber, and the objection taken by your Counsel was ably and legally difcuffed. The Judges have fince, in conference, fat together on the fubject, and it is now my duty to inform you of their mature deliberation. There are two points that Invincible Standard.-Enlign James have been argued in your favour; Sinclair, late Serjeant in the 42d; who namely, that you cannot be convicted behaved fo gallantly in Egypt, by takunder the 15th Geo. II, as the 39th ing the famous Invincible Standard, has of Geo. III repealed the former; in been gazetted as an Enfign in the 26th the prefent infiance, it is unnecefiary Foot. With refpect to Anthony Lutz, to dwell long, as the Judges are gone- the competitor for this honour, it has rally of opinion, that there is nothing alfo been officially announced, that in the laft mentioned act that can re- "His Majefty has been graciously pleafpeal the other the question was, whe-ed to allow Anthony Lutz, late of the ther the bills were effects within the meaning of the act, and the general opinion is, that they are effects within the meaning of the act. (Here the learned Judge read the preamble of the act, which juftified the decifion.) The great object of the legislature in Minorca, or Queen's German regiment, at prefent Serjeant of the King's German regiment, a penfion of twenty pounds a year during his life, for his courage difplayed in the capture of the Invincible Standard from the French, upon the 21st of March, 1801." |