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tion of the late negotiation in the his majesty has employed to obtain haughty and insuliing dismissal of the bleflings of peace. his majesty's ambassador from Pa.: This amendment was seconded ris; expreffing also the confolation by Mr. Griffiths. we derive froin the conviction that A long debate ensued, and the the calamities that may attend the principal speakers were fir James continuance of the war, can only Sanderson, Mr. ald. Infington, be ascribed to the exorbitant views Mesirs. Kemble, Dixon, Birch, and inimical disposition of the pre- Hodgson, Simmonds, Goodbehere, sent government of France, and Griffiths, and Waithman. affuring his majesty he may confi The question being put, there dently rely on the zeal, public appeared, spirit, and resources of this corpo

For the amendment, ration, for every future exertion

2 aldermen that may be deened necessary for

67 commoners co-operating with our fellow sub

2 teliers jects in the vigorous prosecution of a war, the termination of which

71 the overbearing and unreasonable Against the amendment, conduct of the enemy has render

12 aldermen ed independent of his majesty's

123 commoners will; trusting however, that the

2 tellers united efforts of a loyal people may yet oblige the enemy to ac

137 cede to a just, solid, and honour. Majority 66 against amendment. able

peace for Great Britain and Mr. Waithman, in a long and her allies, and thereby secure the able speech, moved the following future repose and tranquillity to amendment: Europe.

That a dutiful and loyal address This motion was seconded by be presented to his majesty, affure alderinan Luthington.

ing him of the lively interest we Mr. Goodbehere, after calling feel in fupporting, as a branch of for several addresses, which were the constitution, the honour and read, moved, by way of amend- dignity of the crown, and expreffment,

ing our solicitude for the happie That the proposed address to the ness of his majesty and his august throne is unnecessary, as the testi- family, regretting that the tenor monies of loyalty presented by this of the instructions sent to lord court, together with the support it Malmesbury, appointed by his mahas given and tendered in aid of jesty to negotiate a peace with the the war, must have afforded indu. French nation, should have had to bious proof of this city's zeal and little tendency to conciliate the Tegard for the honour of his ma- mutual animolities, and adjust the jesty's crown and the interest of sublisting claims of the two na. his people, and cannot fail deeply tions ; lamenting that his majesty's to impress the royal breast with a minifters, by preferring demands sense of the inexpressible concern apparently inadmissible, should the members of this corporation provoke the dismissal of his mafeel in the frustration of the efforts jeity's ambassador, and render the


prospect of peace, so necessary to lord Walpole v. lord Cholinondeley, ibe welfare and prosperity of this this was a case which came before country, an object' of doubtful the court upon a writ of error from hope and fearful uncertainty -- re the Common Pleas, (see our last minding his majesty, that his faith- volume p. (24.)] where there had ful subjects, during the present been a trial at bar, and a verdiết had disaftrous contest, have hitherto been given for lord Cholmondeley. patiently submitted to oppressive In addition to the writ of error, and accumulated burthens and un- there was a bill of exceptions, tendconftitutional abridgment of their ed on the part of the plaintiff in rights and linerties; and conceiv- error, on account of the court of ing that a farther prosecution of the common pleas having refufed to prefent war, for the support of his receive certain parole evidence at majesty's allies, (in which Great the triai. Britain hath no interest) would be The dispute arose upon the codihighly detrimental to his majesty's cil of the will of the late lord Orsubjects, and unavailing in its ef. ford. His lordfhip had made two fects; to implore his majefty to di- wills, the one dated in the year rett that fuch steps may be taken 1752, the other in 1756.--By the to avert the evils inseparable from one, the estate went to the noble a continuance of hostilities, as fall family of Cholmondeley; by the manifest to the whole world a 9n- oiher, to that of Walpole. - The cere and ardent desire on the part question at the trial was-To which of this country, to heal the wounds of the two wills the codicil referred? of suffering humanity, and une The single question of law now quivocally to demonstrate a serious was- Whether the parole evidence difpofition to promote the repofe which was offered to the court of of Europe, and to assure his ma common pleas, ought to have been jesty, that should unexpectedly his received ?" gracious . endeavours to restore This question was very ably arpeace be defeated by the unrea- gued by Mr. Serjeant Williams, for sonable demands of the French na the plaintiff, and Mr. Serjeant Palțion, that we will cordially co mer, for the defendant in error. operate in every measure that may The court was unanimously of appear necessary to compel the opinion, that the decision of the enemy to a pacification, consistent court of common pleas was right, with the honour and dignity of the upon the broad and general princicrown, and the liberties and inde ple of law, that no parole evipendence of the people.

dence should be received to explain The amendment was negatived the meaning of a will, where there --the original question was then is no latent ainbiguity in the instrucarried, and a committee appointed ment itself,' and therefore the judge of all the aldermen and a com- ment of the court of common pleas moner out of each ward, who was affirmed. withdrew, and drew up an ad 11. In the court of King's-bench dress, which was approved and or Mr. Law moved the judgment of dered to be presented to his ma the court upon John Smith, who jesty, by the whole court.

had been convicted of a libel, (see 2. In the court of King's Bench, last volume p. (67.)]




Mr. Justice Afihurft addressed peal to the humanity of the court the defendant to the following ef comes with an ill grace from your fect :

mouth ; but this court will never John Smith, you have been con- lose sight of humanity, even to the vičted of publishing one of the most undeserving. You alleged moft villanous and atrocious libels that the condition of a certain prithat ever appeared in a court of son was such as would occasion justice. That libel is contained in your death, if you should be cona pamphlet, entituled, The Duties fined in it. We therefore caused of Citizenship, and which has been to be made diligent enquiry as to so lately before the court, in the the state of the prison at Clerkencase of one of your brethren, John well, and we are informed by Mr. Birks, that it is quite unneceffary Mainwaring and Doctor Glass, that for me to repeat any part of it, for although it has been represented to every man who heard it must re

an unwholesome prison, jnember, and remember with hor. where people are daily dying, yet ror, the nature of its contents;- the fact is not so, and that although the tendency of which is to under- Joseph Birks was sent there in a bad mine and destroy all law, all go. Itate of health, yet by the discipline vernment, and all religion ; from of the prison he is restored to the further publication of such mac health; and that although 149 priterials, the world can never derive soners have been confined there for either amusement or edification, it several months, there has not been is therefore much better to bury it one death, except that of one perin oblivion ; indeed the only edifi. fon who was brought there in a cation which others can derive, ei- dying state. This intelligence has ther from you or your conviction, relieved the court from an anxiety is, that of learning from your pu- which was the effect of its feeling nishinent and example, that it is and humanity. But our duty to far better for them to endeavour to our king and country demand from earn an honest livelihood by ho us to take care not to suffer to be neft industry, than by endeavouring let loose upon the public such monto debauch the minds, and conta sters of iniquity as you are. The minate the morals of his majesty's court having considered the whole fubic&ts.

of your case, doth therefore adjudge But you have made an affidavit, and order that, for this your offence, in which a physician and a surgeon you be imprisoned and kept to hard join with you, stating that the state labour in the house of correction, of your health is such that a long in Clerkenwell, for two years, and imprisonment muft necessarily occa- that, at the end of your imprisonfon your death. When you publish- ment, you do enter into your own ed the wicked pamphlet, which is recognizance in the sum of 100cl. for the subject of the present profecu- your good behaviour for five years ; tion, you paid but little attention to and I wish you to keep it in mind, the cause of humanity ; for had it if you are guilty of any offence in succeeded to the extent of your that time, so as to forfeit that recogwishes, it might have endangered nizance, you must take it upon the lives of others, whose fafety and yourself, and not upon the court welfare are far more important to that imprisons you. society than yours; therefore an ap Lord Kenyon- After the misre.


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presentation which has taken place, very physician, who attended him
and from what we now know of for this very purpose, has answered
the prison at Clerkenwell, we were that question in the negative.
called upon, and we think we could 14. The London gazette an-
pot do better, than to send this per. nounced the capture of La Sans-
fon there. This prison, I verily peur, French cutter privateer, of
believe, is admirably regulated. I two swivels and 18 men, by the
wilh that every other prison was in Siren, capt. Goffelin.
the same condition. I wish that Philadelphia, Feb. 8.
every keeper of a prison would re The president of the fenate thus
collect and feel, that he owes a duty addressed the two houses :
to the public, that is, to see that the Gentlemen of the senate,
prison under his care is duly regu And gentlemen of the house of
lated. Instead of this, I am sorry

to hear that, in many prisons, there By the report which has been
are some of the most shocking scenes made to congress by the tellers ap
of riot and confusion: that in some pointed by the two houses to exa-
of them are committed offences of mine the votes, there are-
the greatest enormity. I wish the Votes for
keepers of such prisons to remem. John Adams

70 ber, that their inattention in such Thomas Jefferson

68 cafes is highly criminal in them. Thomas Pinckney

59 That such inattention in the keeper Aaron Burr'

30 of a prison is, by law, an indictable Samuel Adams offence. That there must be a re- Oliver Elsworth formation, a speedy reformation, George Clinton

7 in these things, or else severe pu- John Jay

5 nifhment must follow.

Jeremiah Iredell

3 The prisoner said, I will not de- George Washington tain the court for half a minute. John Henry This fentence is equal to a sentence Sam. Johnson of death upon me.

C. c. Pinckney Lord Kenyon.-We have exa The whole number of votes are mined, with a minute anxiety, into 138; 70 votes, therefore, make a the condition of this prison, and majority; so that the person who of this prisoner, and we have found has 71 votes, which is the highest the whole that has been represent. number, is elected president; and ed by bim is a grofs imposition in the person who has 68 votes, which every part of it. All that has been is the next highest number, is e. faid by him with respect to the lected vice-president. prison is grossly false. We have The president of the senate again the examination of a physician addressed the two houses respecting the state of the health of In obedience to the constitution this very prisoner now standing and laws of the United States, and upon the Aoor. That physician to the commands of both houses of was asked, “Whether the state of congress, expressed in their resoluthe prisoner's health is such as that tions passed in the present feronhis life would be endangered if he I declare, that John Adams is ewas confined and subjected to the lected president of the United discipline of this prison.' That States for four years, to commence


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on the 4th of March next; and and is now publishing and making
that Thomas Jefferson is elected fale thereof.
vice-president of the United States My lord, I do not trouble your
for four years, to commence on lordtip with any observation of
the 4ih day of March next. And mine upon this case, my mind is
may the fovereign of the universe, hardly equal to framing observa-
the ordainer of civil government tions that would sufficiently describe
on carth, for the preservation of this transaction. I have an affida-
liberty, justice, and peace among vit of these facts. They are pofi-
men, enable them both, conform- tively sworn to, not by the plain.
ably to the constitution of the tiff, for he is at present in the coun-
United States, to discharge the du- try.
ties of those offices with conscien. . The affidavits were then read.
tious diligence, punctuality, and

Lord chancellor.---Thefe injuncperseverance.

tions have been very commonly 15. In the court of Chancery, granted, I believe,' for printed the attorney general addressed the works or publishing private letters. court as follows:

- Take your injunction. My lord,

18. The London gazette inIn the cause of Burke and John nounced the capture of the BuonaOwen, I am humbly to move your parte privateer, of 17 guns and lordship, that the defendant, toge. 82 men, by the Espion, capt. aber with his servants and work. Dixon; and of the Jean Emilie, men, may be restrained from pub. of 10 guns and 62 men, by the lifing a work, intituled, "A Let. Triton; and of the Recovery, ter from the Right Honourable French privateer, of 14 guns and Edmund Burke, to his Grace the 46 inen, by the fame. Duke of Portland, containing fifty 21. Announced in the London four Articles of Impeachment a gazette the capture of the Difficile gainst the Right' Honourable privateer, of 18 guns and 206 men, Charles James Fox. That the de- by the Phoenix, Triton, and fendant and his fervants may be Scourge; of Le Tartane, privateer reftrained, by the injunction of of 16 guns and 60 men, by the this court, from publishing such' Greyhound, capt. Young; and of work, as also such other of the the Le Flibustier, French lugger plaintiff's letters as are in his privateer, of 14 guns and fixfwivels,

, hands.

by the Eurydice, capt. Talbot. It is stated, my lord, that in the 22. In the court of King's-bench, year 1792, the plaintiff composed Eften v. the duke of Hamilton. a work, consisting of a letter to his This was an action brought to regrace the duke of Portland. That cover damages of the defendant, it was never printed by the order for criminal conversation with the of the plaintiff ; that he never gave plaintiff's wife. the defendant order to print or Mr. Gibbs opened the case on publish it, and that the plaintiff the pait of the plaintiff; he stated never parted from his property that this action was brought by the therrin; and that therefore he ought plaintiff, Mr. James Eften, against to have the pofleffion thereof; that the defendant, the duke of Hamilthe defendant obtained such letter, ton, to recover compensation for and has advertised the publication, an injury which he had received,

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