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and stated, that having called the been highly aggravated by the imhall, pursuant to a requisition ad- becility nnd distraction in the cabi: dressed to him, he had now only to net, where, it appears his Majesty's request of the livery present, in the confidential servants have been encourse of 'e day's discussion, to gaged in the most despicable inallow every gentleman who should trigues and cabals, endeavouring, to otter himself to their notice, a fair deceive and supplant each other, to and patient hearing.

the great neglect of their public duty, The requisition being then read, and the scandal of the government.

Mr. Favell came forward, and af- Resolved, That the most effectual ter apologizing for obtruding him- way of evincing our loyalty to our self on the notice of the livery, said Sovereign, regard for the constituhe was only induced to do so in the tion, and promoting the security of absence of the gentleman who usual. the country, is, by a spirit of jealy stood foremost to advocate the lousy and vigilance over public men, rights of his fellow citizens in that and a free representation of the people assembly (he alluded to Mr. Waith- in parliament, by which alone we can man); but if the livery had not on secure a just and constitutional conthis occasion the advantage of an troul over all public functionaries. opening speech from that gentleman, Resolved Unanimously, That we they had at least the strong fact are of opinion, that in the present which had been the ground of his arduous struggle in which we are exertions in another place (the court engaged, the safety of the British of common council. After making Empire can alone be preserved by several observations enforcing the wise and honest councils to direct necessity of inquiry, he concluded the public force; and that such by moving the following resolutions : councils can alone be upheld by the

Resolved Unanimously, That the energies of a free and united people. enormous waste of treasure, and un- Resolved Unanimously, That such profitable loss of lives, in the late calamitous events imperiously call military enterprizes in which his for a rigid and impartial inquiry; Majesty's forces have been unfortu- and that an humble address be prenately employed, have excited ming. sented to his Majesty, praying his led feelings of compassion, disap- Majesty to institute such inquiry. pointment, indignation, and alarm, Mr. Jones, in a maiden speech, among all classes of his Majesty's coincided with Mr. Favell's sentisubjects.

ments, and seconded his motion, laResolved, That the whole military menting that during the present adstrength and resources of this king- ministration, not only was the vodom have been drawn forth to an lunteer spirit dwindled almost to extent unparalleled in its history, nothing from an effective force of and have been most improvidently 500,000 men, but our army of the applied, and fatally consumed, m line almost annihilated by disaster, unconnected and abortive enterpri- defeat, and disease, in useless espeses, attended with no permanent ad- ditions. vantage to Great Britain, without

Mr. Sheriff Atkins now attempted effectual relief to her allies, and dis- to speak, but his voice was drowned tinguishable only by the unprofita- in hooting and hisses. Mr. Waithble valour displayed, and immense man, however, came forward, and sacrifices of blood and treasure. succeeded in obtaining for him a

"Resolved Unanimously, That, du- short but not very patient attention. ring these unprecedented failures and --The sheriff solemnly disclaimed calamities, our misfortunes have attachment to any party. His only

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object was, that the inquiry should sition of the house of commons to con. be asked of his Majesty in terms of troul the conduct or scrutinize the becoming respect.--He particularly measures of ministers, or to follow up objected to the word “ deplorable" inquiry into the misconduct of public as applicable : to the state of the men-with any serious dirty to the pucountry.

nishment of their delinquencies. Whát Mr. Quin not only gave his hearty was the résult in the case of Lord assent to the first resolution now put, Melville, after having been dismissed but to every one of the series which from his Majesty's councils ? Why, had been read by the worthy mover; that he was shortly after recalled to and if he had any objection to them, power and confidence, and was now it was that he thought them couch- the man who pulled the wires beed in terms not sufficiently strong hind the curtain; and his son and for the occasion. As to the address relatives were loaded with places agreed to be presented to his Majes- and emoluments. Mr. Waithman ty by the common council on the continued to press the necessity of 5th. inst. so far as he could learn its passing the resolutions, and the adcontents, there was not a single dress to be founded thereon, and word in it unbecoming the respect voted for the motion. due to the Sovereign. His Majesty The Resolutions were then put had appointed to the sheriffs a dis- successively, and carried, with the tant day for its reception ; but, be- opposition of one, two, or three fore that day arrived, an interlude hands to some of them., took place, in which that address Mr. Favell again came forward, was superseded, and another passed and moved an humble address to his in its place. In what a ridiculous Majesty, embodying the substance · predicament did this piece of incon- of the resolutions. sistency place both the sheriffs, who It was carried nem. con. 'and ormust now go again to wait on his dered to be signed in the usual form, Majesty, apologise for not present and presented to his Majesty by the ing the address, and request

the
ap-
lord

mayor and sheriffs.
pointment
of a new day for present-

Mr. Waithman came forward, and ing another!

declared that the address now read Mr. Waithman, with his usual abi- was precisely the same with that voted lity, supported the motion of Mr. in the common council on the 5th. inst. Favell. He professed that he had altered only by the introductory little or no reliance on any disposi- words of “We, the Lord Mayor, tion of the present majority in par- Sheriffs, and Livery of London, in liament towards inquiry, or the ex- Common Hall, &c." ercise of any controul over ministers, Mr, S. Diron, on the address beunless stimulated to it by the desire ing read,, attempted to speak, but of his Majesty, supported by the .was hooted down. . petitions of his people. It was not Mr. Sheriff Wood then came forfor him to say the political opinions ward in support of the address. The of the last speaker but one were moment he presented himself the hall wrong; he only ķnew they were al- rung with shouts of applause. He ways opposed to his own. But he said, “ Gentlemen, I come to assure could not account for the strange in- you that I will do my duty; the tellects of any man, who, with so many duty, gentlemen, to which I more glaring facts before his eyes, could particularly allude is, that of seeing say he did not think the situation of your wishes with respect to the pethis country deplorable, and that uny tition to his Majesty carried into greliance was to be placed in the dispo- full effect. · Gentlemen, I shall so

licit for an audience to present that his duty; that whatever his opinion petition to his Majesty. I shall, of the address or the occasion of it with all correctness to obey your might be, he would discharge his will, and all anxiety to behave with duty by presenting that address, and the most dutiful respect to our King, if it was necessary, insisting upon beg an audience; but if I am refu- the right of presenting it. sed I will DEMAND one; and then Mr. Favell then moved the thanks those bad advisers of the King will of the livery to the Lord Mayor, for be compelled to yield to me as a the readines with which he complied right, what they denied me as a with their requisition, and the firmconcession. Gentlemen, the hum- ness and impartiality with which he blest' may with upright intentions acted in the chair and in support endeavour to do their duty, and the of the address in the common coungreatest can do no more than dis- cil.—Passed Unanimously. charge their's. I may be resisted in The Lord Mayor thanked the 1my efforts to obey your will, but very for the honour of their approwhile I fill the office I now hold, I bation, and said he should always shall always bear in mind who they be ready to comply with their rewere who invested me with that of- quisitions, fice, and for what purpose I was so

The thanks of the assembly were invested. Gentlemen, Mr. Beckford then voted to Mr. Waithman, and to was, we know, denied access to his Aldermen Sir. W. Plomer, Coombe, Majesty by the household fords that Smith, Goodbehere, and Wood; also Hocked about the throne, anıl tried to Messrs. Farell and Jones, the moto keep from the monarch's ear the ver and seconder, sentiments of his faithful people; but you all remember how ineffectual such efforts proved, when op

To the King's Most Excellent Majesty, posed by the undismayed integrity

- The humble, Loyal, and Dutiful of one honest man! Gentlemen, I

Address and Petition of the Lord shall trespass no longer upon your

Mayor, Aldermen, and Commons of attention than by again assuring

the City of London, in Common Coun

cil assembled. you that upon this occasion, and MOST GRACIOUS SOVEREIGN, every other, I shall do my duty. I We your Majesty's most faithful, loyam your officer, and think myself al, and dutiful subjects, the Lord Mayot

, as such bound to obey your com.

Aldermen, and Commons, of the city mands. Gentlemen, I conclude with

of London, in common council assem

bled, most humbly approach your Ma. assuring you that I shall to the ut- jesty's sacred person, in the perfect asmost of my power support your rights surance that your Majesty will graciousand privileges-I never will oppose ly condescend to receive the suggestions them, I never will do that which of your faithful and loyal citizens, on can possibly lessen them, and if I subjects which seriously and deeply afcould, it would be the proudest wish fect their interests, in common with the of my heart to add to them. This rest of your Majesty's people.

We have witnessed with deep regret speech was followed by great ap- the disastrous failure of the late expediplause.

tion, as the magnitude of its equipment Mr. Sheriff Atkins next appeared. had raised the just hopes and expectaA considerable time clapsed before tions of the country to some permanent the popular clamour subsided, while benefit. Mr. Waithman and other gentlemen

And we cannot avoid expressing to endeavoured to obtain for him the with which we are affected by the un.

your Maiestý, the sorrow and indiguation privilege of being acard. The She happy dissensions that have prevailed fiff

' tkivü said, that he also would do anung your Majesty's ministers, and

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COMMON COUNCIL ADDRESS

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our fears that such dissensions may prove man of an ancient and noble family, eminently prejudicial to the best interests but far inore distinguished for the urbaof the nation.

nity of his manners, the extent of his Your Majesty's faithful citizens, ac- learning, and the splendour of his talents. tuated by loyal attachment to your sa

The defendant held some situation under cred person and illustrious house, and Covent Garden Theatre; and therefore solicitous for the honour of your Majes- the best way of considering this cause ty's arms, and the dignity and solidity would be to treat it as between the of your Majesty's councils, are deeply plaintiff and the managers of that theaimpressed with the necessity of an early tre. The present complaint was that of and strict inquiry into the causes of the an outrageous assault upon the person failure of the late expedition and therefore of the plaintiff, and which, to a man of pray your Majesty will direct inquiry to his profession, was to the last degree be forthwith instituted in order to ascer- unworthy and insulting, the defendant tain the causes which have occasioned ordered him to be dragged before a mait. By order of the court,

gistrate, which magistrate, in the due HENRY WOODTHORPE, execution of his office, having beard all To which 'address and petition his that could be alleged against the plainMajesty was graciously pleased to re- tiff

, and much more than could be alturn the following answer :

leged to-day, the defendant himself “ I thank you for your expressions of then hearing witness against the plainduty and attachment to me and to my tiff, which he could not do to day, family.

discharged the plaintiff.

And now “ 'The recent expedition to the Scheldt the answer to this charge against the was directed to several objects of great defendant was, that there was a rivt importance to the interests of my allies, in Covent Garden Theatre, and that and to the security of my dominions. the plaivtiff was one of the rioters,

“ I regret that of these objects a part and was therefore apprehended by the only has been accomplished.

defendant, and brought before a magis“I have not judged it to be necessary trate, to receive justice for his share in to direct any military.inquiry into the

that riot. It was not profit the plaintiff conduct of my commanders, by sea or louked for, and therefore he had laid Jand, in this conjoint service.

his damages at the sum of only 100l. a " It will be for my 'parliament, in their sum which was no object to a gentlewisdom, to ask for such information, or

man, who, the learned-serjeant rejoiced to take such measures upon this subject to say, was as independent in circumas they shall judge most conducive to stances as he was in mind. Not that the public good.”

even that sum would ever find its way They were all received very graciously, into the pocket of the plaintiff; the and had the honour to kiss his Majesty's learned serjeant pledged himself it should band.

be employed for the purpose of assisting

those who laboured under an oppression In the Court of Common Pleas, on

similar to that now complained of. the 5th, came on to be heard before Sir The learned serjeant then went into James Mansfield, chief justice, and a the particulars of the dispute at the special jury, the causeClifford, Esq. Theatre, and observed that he did not v. Brandon.-Mr. Runnington, in open- justify riot; but Englishmen must be ing the pleadings, said, in this case

taken with their virtues and their faults; Henry Clifford, Esq. Barrister at Law, it was to the riots of Englishmen that was the plaintiff, and James Brandon we owed some of the most valued privithe defendant. The action was for as- leges of our land; and when Englishmen sault and false imprisonment,' as the ceased to riotin a just cause, they would plaintiff was quitting Covent Garden cease to preserve their liberty from opTheatre. To this the defendant had pression at home, and their rights froin pleaded not guilty, and entered seven usurpation abroad. That noise which pleas in justification. To which the constitutes a riot, mușt carry with it plaintiff had replied, that the defendant something of terror and alarm; it must had committed the trespass without the be the actual exertion of, or the inten cause he had alleged.

tion to exert force. The noise which Mr. Serjeant Best then rose on behalf had lately tilled Covent Garden Theatre of the plaintiff, and observed, that the did not in the least alarm the learned plaintiff

' was a gentleman of the bar, a serjeant, who was, as he said before, a

nervous man. If it could beshewn that unless it was answered by evidence, he
a single chandelier had been broken, would be entitled to the verdict of the
and that the damage of sixpence had jury. But he trusted the other side
been done to the theatre, the learned would feel that "the better part of va-
serjeant would allow it to be called a lour is discretion," and that they would
riot; but for his part he never saw a 'not attempt to set up their patent: they
more harmless set of people in his life would give him his verdict, and not at-
than these same rioters. The learned tempt to say they were lawfully playing,
serjeant should prove, till the jury were which the learned serjeant undertook to
tired of hearing it, that the plaintiff took say they were not, Ilie defendant had
no part in the riot, and only wore 0, P. called a special jury to decide this cause.
in his bat; and the learned serjeant sub- From what the learned serjeant had
mitted that, if there was a riot, this seen of common juries, he thought them
single circumstance could not make a quite competent to the task ; but, as it
man one of the rioters. If it could, the was, he was glad of the circumstance,
gentlemen of the jury must take care as a special jury was composed of men
how they went to contested elections, in the same rank of life with the plaintiff
At the last Brentford election there himself, and who would make him such
were serious riots ; so that, if this doc- reparation for any attack upon his ho-
trine were held, and any one of the jury nour, as they themselves should expect
happened to wear the same ribband as under similar circumstances.
the rioters, he was to be construed a Seven witnesses, of the names of
rioter too. To wear the 0. P. ribband, Hopkin, Elwin, Bone, Fisher, Jolly,
was not to join the 0. P. riot: but tó Harris, and Philpot, were then called,
answer the appeal to the public of the and generally confirmed the statement
proprietors of the theatre ; " I don't ap- of the quietness of Mr. Clifford's de-
prove of the advanced prices." Was meanour, although they admitted there
chat illegal? If so, why did the proprie- was much noise in the house; also spoke
tors ask the public whether they ap- to the brutal and reprobate behavious
proved of their conduct or not? If the of Mr. Brandon.
jury should be of opinion that the plain- Mr. Serjeant Shepherd addressed the
tiff was a rioter, still he would be entitled jury, as counsel for the defendant.-
to their verdict; for the law says that a The question now for them to try was,
rioter could be taken up only durante not whether the proprietors of Covent
delicto, and even then not without a Garden were tyrants or not, but whether
magistrate's warrant. The defendant those persons who had embarked their
wus no constable; and the learned ser- property in the theatre to a vast amount
jeant believed that Taunton, who ap- should be ruined by caprice. As to the
prehended him, was none: the defendant, extortion, that was no question at all;
however, was the man that gave the if the public had a right to reduce the
charge, and he, at least, was no con- ' prices from seven shillings to six, they
stable. If a man saw a riot, it was his might with as much justice reduce them
duty to go to a magistrate, and, armed to sixpence. Constitute the right once,
with his authority, to interfere. But and it did not signify what was the nii-
the moment the rioters separated, there nimum : that would be just as the whim
was an end of the riot; and the learned of the moment dictated. Mr. Brandon's
serjeant would shew the jury, that at case was this, that Mr. Clifford was
the time the plaintiff was apprehended, either rioting himself, or encouraging
he had left the theatre, and was walking other people that were rioting. His
home with the gentleman with whom he case was proved by the witnesses of the
entered the theatre. At that moment plaintiff, and he would leave it confi-
it was certain that nobody could seize dently to the jury under his lordship's
him as a rioter, without the warrant of direction to say, whether the riots had
a magistrate ; and if the plaintiff, in- not been proved; and whether Mr.
stead of being a peaceable and good- Clifford, by wearing the ensign of the
humoured man, had been violent, and rioters, had not made himself a partici-
had resisted the assault, the assaulterpator in their acts.
and the proprietors of the theatre would Sir J. Mansfield in summing up the
have had to answer for whatever blood, evidence, gave it as his opinion that the
might have been spilt. The learned audience at a theatre had no right to ins
gerjeant should prove this his case; and terfere as to the regulation of prices, un

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