MAY.

Lord Sidmouth's Circular.-Opinion of the Law Officers of the Crown, referred to in the Circular Letter from Viscount Sidmouth, to his Majesty's Lieutenants of Counties in England and Wales, dated 27th March 1817.

We are of opinion that a warrant may be issued to apprehend a party charged on oath for publishing a libel, either by the Secretary of State, a judge, or a justice of the peace.

With respect to the Secretary of State in the case of Entick v. Carrington, as report ed by Mr Hargrave, though the Court were of opinion the warrants, which were then the subject of discussion, were illegal, yet Lord Camden declared, and in which, he stated, the other judges agreed with him, that they were bound to adhere to the determination of the Queen v. Derby, and the King v. Earbury; in both of which cases it had been holden, that it was competent to the Secretary of State to issue a warrant for the apprehension of a person charged with a scandalous and seditious libel; and that they, the judges, had no right to overturn those decisions.

With respect to the power of a judge to issue such warrant, it appears to us, that at all events, under the statute of the 48th Geo. III. ch. 58, a judge has such power, upon an affidavit being made in pursuance of that act; a judge would probably expect that it should appear to be the intention of the Attorney-General to file an information against the person charged.

With respect to a justice of the peace, the decision of the Court of Common Pleas in the case of Mr Wilkes' libels only amounts to this that libel is not such an actual breach of the peace as to deprive a member of parliament of his privilege of parliament, or to warrant the demanding sureties of the peace from the defendant; but there is no decision or opinion that a justice of the peace might not apprehend any person not so privileged, and demand bail to be given to answer the charge. It has certainly been the opinion of one of our most learned predecessors, that such warrants may be issued and acted upon by justices of the peace, as appears by the cases of Thomas Spence and Alexander Hogg, in the year 1801. We agree in that opinion, and therefore think that a justice of the peace may issue a warrant to apprehend a person, charged by information on oath, with the publication of a scandalous and seditious libel, and to compel him to give bail to answer such charge. Lincoln's Inn, W. GARROW. S. SHEPHERD.

Feb. 24, 1817.)

2.-Academical Society.

the Middlesex and London Sessions, for licences to Medical, Literary, and Philosophical Societies, which were granted. The Academical Society, to whom a license had been refused on the 18th ult., as noticed in our last month's Chronicle, again applied to the London Sessions, when, after some discussion regarding the proceedings on the former occasion, a license was granted, in terms of the petition of the Society. Some of the magistrates complained, that the sentiments which they had expressed when the petition was formerly refused, had been misunderstood or misrepresented.

3.-Duke of Wellington's Plate.-The magnificent service of plate which was sent by the Prince Regent of Portugal to this country, some months ago, as a present to the Duke of Wellington, and which is understood to be worth £200,000, has been in the possession of Mr Garard, the silver-smith in Panton Street, in the Hay Market, since its arrival. Great numbers of the nobility and others have been admitted to see it. The devices are ingenious and appropriate, and the workmanship of the most exquisite description. Among other articles, there are fifteen dozen of plates, knives, forks, and spoons, weighing about 100,000 ounces.

Fatal Boxing Match.-A fight took place a few days ago near Oxford, between two persons of the names of Clayton and Witney, which terminated in the death of the former. We hope the attention of the legislature will speedily be drawn to these disgraceful scenes; and are glad to hear that the magistrates have interfered on some occasions since, to prevent the recurrence of such brutal exhibitions.

6.-Fiars of Lanarkshire-At the annual meeting of the Commissioners of Supply, held at Lanark, on Wednesday, the 30th ult., the report of a former meeting respecting the Fiars was ordered to be printed, and circulated in the county, and transmitted to the conveners of other counties, preparatory to applying for an act of parlia ment to regulate more consistently and equitably, the mode of striking the fiar prices of grain in future. We have seen this report, and it goes far to prove the necessity of legislative interference in regard to this very important measure; or at least, that the present practice is, in the instance referred to, and we have reason to suspect in many others, highly objectionable.

The Army-List of Regiments now in the West Indies, America, Gibraltar, the Mediteranean, and Africa.

2d Regt.

This day and

15th

clared disabled from holding the office of clerk of the burgh, as if he were naturally dead."

Mr Black defended himself on these and other grounds: 1st, That he was at liberty, and bound to exercise a sound discretion, which he did openly, fairly, and honestly: 2dly, That he could not be subjected in any criminal consequences, in a case where there was obviously no dolus animus, no undue intention and, 3dly, That as the conclusions were criminal, the charge behoved to be made more precisely, and established in a different manner.

The Court below, though with reluctance, decerned in terms of the prayer of the complaint, and found Mr Black liable also in expenses, considering that they had no alternative under the acts of Parliament. Mr Black appealed; and the Lord Chancellor has now reversed in toto the judgment against Mr Black, whom he considered as having been the worst used of the two parties. His Lordship expressed his decided disapprobation of the terms of the pleadings against Mr Black in the Court of Session, and which would not have been allowed to remain on the record of an English court. He expressed strong doubts of the construction put upon the statute founded on; and was quite clear that the charge had not been made in terms sufficiently precise, nor supported by proper evidence. Lord Redesdale was of the same opinion.

The inhabitants of Inverkeithing, Dunfermline, Culross, and North Queensferry, have demonstrated their joy at this result, by kindling bonfires, ringing bells, and holding convivial meetings, at which the healths of the Lord Chancellor, Lord Redesdale, the Lord Chief Commissioner, Sir Samuel Romilly, John Clerk, Esq. &c. were drank with enthusiasm.

A Miser starved to death.-Friday the 16th, Mr Omer, of Great Castle Street, Oxford Market, not having seen James Alexander, a man who rented the back garret in his house, for several days, broke open the door of his room, and found him quite dead. The officers searched the place, and in a remote corner found bills, &c. to the amount of £2000, which will all fall to a distant relation at Edinburgh. The deceased was by trade a journeyman carpenter, and had worked for Messrs Nichols and Ralph, in Well Street, for near twenty years. About twelve years ago they fined him a guinea for being detected stealing the workmen's victuals from a cupboard appropriated to their use: on that occasion he would have hung himself, but was rather unwilling to purchase a rope! About a year ago he was discharged for committing similar depredations. He never had a fire if he was to pay for it; but his business as a carpenter enabled him to get plenty of shavings. His diet consisted principally of a twopenny loaf per day, and a pint of small beer; but since his discharge from VOL. I.

Messrs Nichols and Ralph's, he had even dispensed with the latter. He literally starved himself to death.

23.—Suicide.—This day a hackney-coach drove up to the eastern gate of Carleton House, in Pall Mall. At the moment a pistol was discharged, and it was discovered that the gentleman in the coach had shot himself. He was conveyed to the house of Mr Phillips, two doors from Carleton House, where medical assistance was procured, but in vain, as he expired in about five minutes, the contents of the pistol having entered his chest, and lodged in his right side. The Duke of Cumberland, and one or two other distinguished characters, were on the spot. His Royal Highness recognised him as Captain D'Aacken of the German Legion. The unfortunate gentleman, it is said, had of late been making applications for promotion, but had been unsuccessful. Captain D'Aacken has been for some time in the British service, and distinguished himself in the battle of Waterloo.

26.-Trial for Sedition.-This day came on, before the High Court of Justiciary, the trial of Niel Douglas, Universalist preacher in Glasgow, accused of uttering seditious expressions in his discourses from the pulpit; when, after the examination of a number of witnesses on the part of the prosecution, and in exculpation, the jury returned a verdict of Not Guilty. The principal witnesses against the pannel were two townofficers of Glasgow, who acknowledged that they had been sent by their superiors to hear his discourses, but whose evidence seemed to be less conclusive than that of the pannel's witnesses.

30.-Wreck of the Royal George.-The first survey was made on the 24th inst. by means of the diving-bell, of the wreck of the Royal George, which sunk off Spithead about thirty-five years since. She lies nearly east and west, with her head to the westward, and, with a trifling inclination, on her larboard bilge. The whole of her decks have fallen in, and the starboard broadside upon them: there are, in fact, no traces whatever of her original formation, her remains appearing as a piece of ruinous timber-work. The surface of her timbers is decayed, but the heart of them is sound. It is fully expected the Navy Board will give directions immediately for the breaking up and removal of her remains.

31.-Early potatoes made their first appearance in the Edinburgh market this morning. The quantity was about two Scots pints. They were sold at four shillings per pint.

About the middle of this month accounts were received at Lloyds of the appearance of several Moorish pirates in the north seas. One of them was captured by the Alert sloop of war, Captain J. Smith, who states the following particulars in a letter, dated Margate Roads, May 18.-"I have conducted into this anchorage a piratical ship of 18 3 K

guns and 130 Moors, under Tunisian colours. I have also taken possession of two of his prizes, captured by him off the Galloper a few days since, viz. the ship Ocean of Hamburgh, from Charlestown to Hamburgh, with cotton and rice; and the galliot Christina of Oldenburgh, from Lubeck to France with wheat. I do not think our Government would allow these pirates to cruise in the narrow seas, to the interruption of our trade and that of other peaceable nations; he denied having any knowledge of these vessels when I questioned him about them, but on my boarding them I was surprised to find them in his possession. I do not think that any vessels, whatever colours they might be under, would be safe while these pirates are cruising hereabouts, for all the world knows they are not very delicate. I expected a broadside from him when I came down to him, but he saw we were perfectly prepared for him, and in consequence he did not fire; his people were at quarters. He told us he was in search of his Admiral, who had parted company in a gale of wind off the isle of Wight some days before; but we know they both passed the Straits of Dover in company, and said they were bound to Copenhagen to some-to Amsterdam to others. He says his Admiral is in a corvette of 26 guns and 150 men. Captain M'Culloch is gone in search of the other in the Ganymede; I hope he may fall in with him and bring him in. I shall remain in the Downs with the corsair and prizes until I receive instructions from the Admiralty how to act. Is it to be endured that these monsters should be allowed to cruise in the very mouth of the Thames, intercepting the trade of all nations, and placing every thing they board in quarantine? No ships belonging to Hamburgh, Bremen, Lubeck, Oldenburgh, or any of these small defenceless states, can be safe till the other corvette is accounted for. I of course am in quarantine, having some of the Moors on board."-A letter from Deal, dated the 31st instant, says, "The Tunisian corvette, and a schooner which had been also captured, sailed from the Downs this morning, accompanied by his Majesty's sloop Alert and the Stork cutter. The commanders of these vessels, we understand, are under orders to see the Tunisians quite out of the channel."

During the present month, disturbances have prevailed in different parts of Ireland, occasioned by the high price of provisions, but not to such an extent as to be productive of any very alarming consequences. The present appearance of the crops on the ground leads us to hope, that the distress which has been felt so generally, in almost every quarter of the world, owing to the failure of the last crop, will soon be succeeded by abundance and cheapness.

General Assembly of the Church of Scotland. This Court met here on the 22d instant, William Earl of Errol being his Ma

jesty's High Commissioner. The Prince Regent's letter, and the warrant for £2000 to be employed in propagating Christian knowledge in the Highlands of Scotland being read, the Assembly was opened by a speech from the throne by his Grace the Commissioner, to which the Moderator made a suitable reply. An address to the Prince Regent was moved by Dr Cooke, seconded by Dr Francis Nicoll, and unanimously agreed to. Dr Nicoll, after a neat and appropriate speech, then moved that the Moderator be instructed to write to the Right Honourable Lord Napier, who had for so many years filled the office of his Majesty's Commissioner, a respectful letter in the name of the Assembly, expressive of their gratitude for his kindness to this Church, their deep regret at the impaired state of his health, and of the lively interest which they took in his prosperity and happiness. On the 28th, the overture relating to the union of offices was read, and it appearing that fifty-five presbyteries, constituting a great majority, approved of the overture, the Assembly therefore enacted it as a law of the Church.-On the 31st, the Assembly took into consideration the petition of Mr James Bryce, presbyterian minister of Calcutta, East Indies, praying the Assembly to remove the injunction laid on their chaplains in India, by the reverend the presbytery of Edinburgh, of date the 27th day of March, and to favour the petitioner with such other advice or instructions in the premises, as to them in their great wisdom might seem meet; and there was also transmitted a petition of Dr Thomas Macknight, clerk to the presbytery of Edinburgh. Both petitions were read, and also an extract of the minutes of the presbytery of Edinburgh, stating the procedure of that presbytery in the affair now brought under the consideration of the Assembly by the petition of Mr Bryce. Mr Francis Jeffrey, advocate, was heard in support of Mr Bryce's petition, and Dr John Inglis in defence of the presbytery of Edinburgh. After a debate of some length, in which several members took a part, the following motion was made by Dr Nicoll, and unanimously agreed to, viz. "The General Assembly find, that no blame whatever can be imputed to the presbytery of Edinburgh, who have acted according to the best of their judgment in circumstances of peculiar difficulty and delicacy. But the Assembly see no reason why Mr Bryce should not be permitted to solemnize marriages, when called upon to do so in the ordinary exercise of his ministerial duty, and therefore did, and hereby do remove the injunction of the presbytery of Edinburgh upon that subject; satisfied that in this and every question connected with civil rights, he will conduct himself, as he is hereby required to do, with that perfect respect and deference towards the local autho rities to which they are entitled, and which are, in a particular manner, due to the most

noble the Marquis of Hastings, the governor-general, for the countenance and protection offered by his Excellency to this branch of the Church of Scotland. And the General Assembly farther resolve to appoint a committee to draw up a respectful memorial to the honourable the Court of Directors of the East India Company, and

to correspond with that honourable Court on this important subject."-The Assembly was dissolved the 2d of June. There was less business before them this year than we ever remember. Every question has been carried with the greatest cordiality and unanimity.

CAP. X. To regulate the Vessels carrying Passengers from the United Kingdom to certain of his Majesty's Colonies in North America.-March 17.

From and after the passing of this act no ship or vessel shall sail with passengers from any port or place in the United Kingdom to any port or place in Upper or Lower Canada, Nova Scotia, New Brunswick, Cape Breton, or Prince Edward's Island, unless the master or other person having or taking the charge or command of every such ship or vessel, and the owner or owners thereof, shall, before the sailing of such ship or vessel from any port or place as aforesaid, enter into security by bond to his Majesty, his heirs and successors, in the penalty of five hundred pounds, with condition that there shall not be taken on board any such ship or vessel any more such passengers than are hereinafter permitted and allowed, and that every passenger, if alive, shall be landed at the port or place to which such passenger shall have contracted to be conveyed; and the master or other person having or taking the charge or command of such ship or vessel, previous to his leaving the said port, shall and is hereby required to deliver to the said collector and comptroller or other principal officer of his Majesty's customs at the said port, a list containing the number of the said passengers, with their names, ages, and descriptions, and the places to which they are to be respectively conveyed; and, upon the arrival of such ship or vessel at either of the aforesaid colonies, the said master or other person having or taking the charge or command of such ship or vessel shall deliver the aforesaid copy of the list to the governor of such place or other person acting for him, or to the naval officer or chief officer of the customs at the port of arrival, or to the nearest justice of the peace, who shall be required to examine the passengers within twenty-four hours after their arrival.

Penalty on taking more passengers than the number allowed, £50.

Passengers to be apportioned according to the tonnage of the vessel in the proportion of one adult person, or of three children under fourteen years of age, for every one

ton and a-half of the burden of such ship or vessel.

Every such ship or vessel shall be furnished, at the time of her departure to commence the voyage, with at least twelve weeks' supply of good and wholesome water, so as to furnish a supply of five pints of water per day for every such passenger exclusive of the crew; and the said supply of water shall be stowed below the deck; and every such ship or vessel shall also be furnished with such a supply of provisions as will afford an allowance for every such passenger, exclusive of the crew, during the said period of twelve weeks, of one pound of bread or biscuit, and one pound of beef, or three quarters of a pound of pork per day, and also two pounds of flour, three pounds of oatmeal, or three pounds of peas or pearl barley, and half a pound of butter weekly; the weekly allowance to commence on the day the vessel puts to sea.

The master or other person having or taking the charge or command of any ship or vessel failing to give out the allowance of provisions and water herein-before specified, shall forfeit the sum of ten pounds of lawful money for each and every such neglect and omission.

Abstract of Act to be exposed in the vessel, on penalty of £10.

All penalties and forfeitures to be incur. red under this act, shall and may be recovered in a summary way, on the oath of one or more witness or witnesses, before any one or more of his Majesty's justice or justices of the peace. CAP. XI. To facilitate the Progress of Business in the Court of King's Bench in Westminster Hall.-March 17.

It shall and may be lawful for any one of the judges of the Court of King's Bench at Westminster, when occasion shall so require, to sit apart from the other judges of the same Court, in some place in or near to Westminster Hall, for the business of adding and justifying special bail in causes depending in the same Court, whilst others of the judges of the same Court are at the same time proceeding in the despatch of the other business of the same Court in bank, in its usual place of sitting.

CAP. XII. For punishing Mutiny and