stance, correct information was difficult. | result of our garrisoning of the island of -The first impression upon my mind Sicily. The movements of Messrs. READ was, that the demand of Old Prices was and GRAHAM are of infinitely more interest unreasonable, seeing that all things have to us, than the movements of Baron Douro so much advanced in price; and, besides, and the Duke of Dalmatia; and the vicit appeared to me to be a violation of the tory of MR. CLIFFORD a thousand and a rights of property to attempt to compel peo- thousand times repays us for the loss of the ple to sell entertainment at the price pointed battle of Wagram, which produced the out by the purchaser, who was at liberty to fall of Austria.In my next, I will put leave the commodity to others, if he did upon record an account of this Trial; not choose to take it at the seller's price. but, in the meanwhile, let me not omit to The argument of monopoly had some express my admiration of the conduct of the weight against this reasoning, though it Jury, and particularly of the answer, which did not appear to me conclusive against the they gave to the Judge, when they said, Proprietors; nor did I care a straw about that they thought it чету harsh to construe their account that was published, because so slight a matter into an act of riot. There whether they got more than six per cent., spoke the good sense of Englishmen; there or not, appeared to me to have nothing at breathed the mild spirit of English law! all to do with the matter.As to the Rioting indeed! Had there been a spirit private boxes, considered as a source of im- of rioting, would there now have been a morality, I do not think much of that, be- bench or a door or any moveable thing in ing of opinion, that the quantity of immo- the House? Yes, it is indeed, "very rality will be the same, whether those harsh" to call what is passing at the boxes be private or public. But, if it be theatre rioting; it is carrying the terrors correct (of which I can hardly doubt now) of criminal law into places of amusement. that the construction of the House pens up, drives back, and degrades, the middling class of people, that appears to me to be a solid ground of objection; and a ground, too, upon which the audience have a full and complete right to make a stand; because, the liberty to act plays is not given for the private advantage of the players, but for the entertainment of the public; and, it appears to me, that those who act under the patent, have no more right to drive back and degrade the people, than has the minister of any church, by appropriating all the convenient and comfortable and conspicuous parts of that church to the exclusive use of the rich.-To this distribution, therefore, of the room in the theatre, I should have objected, even if

I have not time for further remarks, at present; but, I cannot refrain from expressing an earnest hope, that the Proprietors will adopt, without loss of time, MEASURES of CONCILIATION. Other measures, of almost every sort that has a name, they have tried in vain; and, therefore, I hope they will now try what CONCILIATION will do.

-N. B. I wish very much to be furnished with a correct account of all the instances in which bail has been required at Bow Street, and the circumstances of the parties from whom demanded.This is a very important matter.

WM. COBBETT.

Botley. 7th Dec. 1809.

EDINBURGH REVIEW,

mentary Reform.

[To the MORNING CHRONICLE I am indebted for an earlier sight of the following article than I should otherwise have obtained. I, therefore, insert the Introduction used by that print.]

the price of admission had been but half On the Conduct of the War, and Parlia what it formerly was; and, if the description given me be correct, I must say, that the proprietors do seem to have lost sight of that respect, which it is always their duty to show towards the public at large. I am willing to suppose, that they meant no disrespect; but, certainly, such is the appearance. But, I might have got over this; I might even have wished to forget the employment of the Jews and Bruisers; but, how is it possible ever to forget the attempts that have been made upon the personal liberty of so many of the people? Here the matter becomes a political one, and a matter, too, of far more interest to us, than the result of the war in Spain and Portugal, adding thereunto the

The article in the last number of the Edinburgh Review, entitled, “The Conduct of the War," contains an excellent view of the proceedings of the army under Sir John Moore, in the North of Spain, founded upon a careful examination of all the documents and publications which have appeared on this subject. The following short but clo

quent tribute to the memory of the Hero of Corunna, will not be read without interest:

a

"those in which the country is dis"posed to apportion it, they have been compelled to allow that among themselves it must all be divided, and upon "them alone must the responsibility rest. They have not dared to deny, that the "prospects of the Continent are become "more dismal than ever; that its confi"dence in England is gone; that the map of Furope, from Moscow to Paris, "and from Lapland to Calabria, offers to "the eye only a collection of States, aggrand sed by her hostility, or ruined by the perilous bounty of her alliance. "Abroad and at home-which way soever the eye can turn, our rulers have amply admitted, that our affairs are only not desperate, and have themselves "come forward to declare, that the empire is reduced to a state of difficulty, "from which there can be at least no pre"cedent of its ever having escaped in

"The battle which he fought at the "end of this memorable retreat, and which "closed the sufferings of his followers, "and his own career of glory, will live "for ever in the recollection of his grateful country. But it is not this last scene " of his triumph alone that will claim the "lasting regards of Englan. She will proudly remember that his judgment and skill were only surpassed by his unconquerable valour; she will fondly" dwell upon that matchless self-denial which subjected all his interests to her "weal, as it devoted all his faculties to her service; she will hold him up to her most famous warriors in after times, when the envious clamours of the hour are hushed, and the minions of present power are forgotten, as a bright example of that entire forbearance,-that" former times. And after all these conutter extinction of every selfish feeling, ❝fessions, their only excuse, the only atthat high and manly sacrifice even of "tempt they make to regain the confi"the highest and manliest of passions,- "dence of the people, is to tell us, “ that "that severe mortification of ambition ""the King has reigned fifty years." They itself, which she has a paramount right "have ruined our allies; they have to require from him to whom she yields "failed in every plan: they have brought "the guidance of her armies; and, while "us through slaughter and disgrace, she records that the hero of Corunna "loaded with ignominy, and weighed fought no vain battles,-courted no vul- "down with almost intolerable burdens-→→ Igar applause in rush and senseless marches, "to the very brink of destruction :-- but -lost no trophies, no captives,-abandoned "the King is very old,' and he has reigned "no hospitals to the enemy, and yielded no "above half a century.'-It now remains 'post of danger to feeble allies,-she will "to be seen, whether that PARLIAMENT, which Br pronounce the name of MOORE, "stands in no need of reformation-which is a "blight those un-hallowed laurels which "fair representative of the people of England "are won by the wasted blood of her "-which speaks the sentiments of the country "children, and the tarnished honour "-will be satisfied with this set off; "of her arms."-This is succeeded by "and once more acquit the Ministers of all a perspicuous and impressive histori- blame for their recent mismanagement. cal summary of the measures pursued Holding, in common with the Parliaby Government in the subsequent pro- "ment itself, the doctrine of its purity and secution of the war. It concludes with "of its sufficiency to save the State, we canthe following observations, which are "not anticipate such a decision. But if, worthy of particular attention :-" The" unhappily, we should find ourselves mis"Parliament of England is about to as"semble once more; and the authors of "our calamities cannot prevent their con"duct from being at least brought before "that illustrious tribunal. Hitherto they have not made any defence; nor have they even hinted that they had any "to make. They have admitted all their "failures to be complete and fatal; they "have confessed, that the opportunities "which they have lost will in all likeli"hood never return. After a few wretched attempts to divide the blame among themselves, in shares different from

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"dually sensible of it.

What will then re

OFFICIAL PAPERS. ITALY.-Proclamation issued by Eugene Nipoleon, Arch-Chancellor of State of the French Empire, Viceroy of Italy, Princt of Venice, and Commander in Chief of the Army of Italy, to the People of the Tyrol, dated, Head Quarters, Villach, Oct. 26th, 1809.

"cause such a resolution would drive the "guilty persons from the Government. "main for the people to do, we need scarcely "In the one case, the Parliament will point out. If they value their personal "show that it is not the Representative of "happiness and national independence, "the Country; in the other, we shall have" they will watch over their rulers with "a conclusive proof that the Ministers of" redoubled jealousy, and never rest satis "the Crown are irremovable. The re- "fied until their efforts shall have restored sponsibility of our rul rs, that fairest fea- "the indisputable connection between misrule "and retribution." "ture in the theory of the Constitution, "will be no longer even a name, wherewithal "to round parliamentary periods; and "the people will thenceforward recognise, "in the great Council of the Nation, not "the guardian of their interesis, and the champion of their rights, but a well contrived "instrument of taxation.—The consequences "of such a decision, therefore, will be "productive of incalculable mischief; it "will complete the alienation of the Country from the Government, and shame away the "boldest defenders of the present system. In "the mean time, the pressure of the war, "and of the public burthens, will rapidly increase. The scene of hostilities will approach to our own shores; and the "taxes, which, like the war, have as yet only been felt at a distance, will at length come home to every man." *This "truth will then break upon the minds of all, even of the most confiding and inconsiderate, the truth with which we opened the present discussion that "there is an intimate and necessary con"nection between the foreign policy of "the State, and the happiness of each individual within its boundaries; that every man who pays taxes-every man who values the security of his property, "or his own future safety from foreign do"minion, is immediately affected by the "mismanagement of the war; that not a "plan falls to the ground, not a bad appointment of Commander or Ambas"sador is made at Court, not an opportunity of beating the enemy in councils, or in arms, is lost, without our being, a little sooner, or a little later, indivi

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* We do not mean to blame the additional rigour with which the taxes, especially that on property, are now levied; because it is undoubtedly fair that defaulters should be made, as far as possible, to contribute; and we only fear, the utmost ingenuity of the collectors will still be eluded by the mercantile classes. But we simply state the fact, that the country scarcely knows the weight of those taxes.

Tyroleans! Peace is concluded between his Majesty the Emperor of the French. King of Italy, Protector of the Confederation of the Rhine, my august Father and Sovereign, and his Majesty the Emperor of Austria.-Peace therefore prevails every where, except among youyou only do not enjoy its benefits.-Listening to perfidious suggestions, you have taken up arms against your laws, and have subverted them, and now you are gathering the bitter fruits of your rebellion; terror governs your cities; idleness and misery reign in you; discord is in the midst of you; and disorder every where prevails. His Majesty the Emperor and King, touched with your deplorable situation, and with the testimonies of repentance which several of you have conveyed to his throne, has expressly consented, in the Treaty of Peace, to pardon your errors and misconduct.-I then bring you peace since I bring you pardon. But I declare to you,

that pardon is granted you only on the condition that you return to your obedience and duty, that you voluntarily lay down your armis, and that you offer no resistance to my troops. -Charged with the command of the armies which surround you, I come to receive your submission, or to compel you to submit. The army will be preceded by Commissioners appointed by me to hear your complaia's. and to do justice to the demands you may have to make-But know that these Commissioners can only listen to you when you have laid down your arms. -Tyrleans! If your complaints and demands be well founded, I hereby promise that justice shall be done you.

LONDON :—Printed by T. C. HANSARD, Peterborough Court, Fleet - Street; Published by R. BAGSHAW, Brydges-Street, Covent Garden :--Sold also by J. BUDD, Pall-Mall,

"

VOL. XVI. No. 24.] LONDON, SATURDAY, DECEMBER 16, 1809. [Price 15.

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Every point of law, that is accidentally intermixed with matters of fact, in the complicated issue, or question, referred to the determination of a Jury, is within their cognizance."―――LITTLETON.

freedom. This gentleman having been, SUMMARY OF POLITICS. one evening, in the Pit of the Theatre, Mr. CLIFFORD'S Action against BRANDON. and having, amongst the other marks of -The issue of this action is of a good his disapprobation of the conduct of the deal of importance as relating merely to proprietors, put in his hat a paper with the conduct of the proprietors of the the letters O P, which have been used as theatre, on the one part, and to that of the a sign of opposition, being the initials of audience, on the other part; but, when the words OLD PRICES; this gentleman, considered in its probable influence upon for having thus acted, was, after the play the general freedom, and the personal was over, and as he was going along the safety, of the people, it is of a degree of passage from the interior of the playimportance not easily to be described. house, seized, without any warrant, by a Viewing it in this light, I must, of course, police-officer, who acted under the express think it my duty to put upon record a orders of a MR. BRANDON, a servant of the short account of the Trial, having first proprietors, who appears to have had the stated the grounds upon which the action chief management in these arrests.was brought. For many weeks past, Mr. Clifford was, it appears, dragged, in the audience at the new-built theatre of the usual way, from the Theatre to the Covent Garden, have, by noises of various Police-Justice's office at Bow Street, where sorts, by the exhibition of placards, cock- it was not thought wise, it seems, either to ades, medals, and by other means, ex- force him to give bail, or to send him to pressed their disapprobation of the ad- prison. He was, therefore, discharged; vance which the proprietors have made whereupon he brought his action against on the former prices of admission, and Mr. Brandon for false imprisonment, which also of the construction of the interior of action was tried, in the court of Commou. the house, by which, it appears, that the Pleas, before SIR JAMES MANSFIELD, the middling class of the people are shut out Chief Justice of that court, on Tuesday from their usual chance of obtaining com- the 5th instant. -MR. BRANDON's plea fortable and respectable seats. Various was, that what was passing at the Theatre, are the means, which, it seems, the pro- on the evening when Mr. Clifford was prietors have resorted to, in order to stifle seized and dragged to Bow Street, amountthis opposition. Amongst others, the caus- ed to a riot; that Mr. Clifford had taken ing of persons to be seized, the causing of part in that riot; and, that the seizure was Persons composing part of the audience, to be made legally.— -Mr. Serjeant BEST, who seized as criminals; to be dragged before was counsel for Mr. Clifford, contended, the Police-Magistrates, who are justices of that all this was false; that what was going the peace receiving a salary from Govern-on at the theatre was not a riot; that, if it ment, and removable at the pleasure of the minister of the day; to be, by the said magistrates, held to bail, or committed to prison; and, it appears, that many very respectable persons, not happening to have bondsmen immediately at hand, have been committed to prison, and to a prison, too, chiefly used for the confinement of the worst and lowest of wretches. One of the persons, thus seized, some few weeks ago, was MR. HENRY CLIFFORD, a barrister opposite assertions. of great eminence for talent in his profes- less to attempt any analysis of these sion, and not less distinguished for the speeches; but, there is one point of Mr. soundness of his political principles and Shepherd's doctrine, relating to the func his attachment to the cause of English tions of juries, that ought not to escape

was, Mr. Clifford had no hand in it; and, that if it had been a riot and he had a hand in it, still the arrest was illegal, because, the pretended riot was at an end when the seizure was made, and that, therefore, the seizure was illegal, and the imprisonment false, there having been no warrant granted for making the seizure. MR. SERJEANT SHEPHERD, counsel for Mr. Brandon, took, of course, the exactly It would be use