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sidered inefficient, and the existing Act was obtained, with the executive as before. The lạtter has now become inefficient in many particulars, as the former had done, and from the same cause-increase of population, and the inevitable impossibility of providing a regulating code for whatsoever the future may produce. Another appeal to the legislature, therefore, has been talked of; but to such a measure an objection, at present almost insuperable, has appeared--the Commissioners say, it would «. be better to bear the ills they have than fly to others which they know not' of"--and why do they say so ?-why, because they believe the ancient system, so successfully practised for the local government of the town, to be in danger—they fear that the aristocracy are beginning to regard them with an eye of envy, secretly meditating how the .favourite residence" of the monarch, may be brought within an opposite jurisdiction and controul that the recollection of how the town was raised to the commanding point of loyal importance on which it now stands, may be lost in the glittering change it may be their object to introduce. In this view of things, the counter-action of the Commissioners, is not only perfectly natural, but perfectly just; especially, as our unlimited retrospect will shew, that the town, under their combined management, has obtained the envied distinction which now marks it, to the common security and prosperity of its inhabitants, and to the often expressed approbation of the throne also. That no material change can be effected, but by a new Act of the Legislature, must be universally understood-if' to remedy the defects in the present Act, were obviously the only desideratum, it is not rational to suppose that the Commissioners would object to it; but they fear, as we have attempted to shew,' a" something very much beyond that-a something which, if once gained, would annihilate their authority for ever. In this feeling they appear to have identified the Magistracy with the actuating cause of it—and hence those schisms between the two authorities-though we really believe that the Magistracy have no such object to gain as seems to be attributed to them. But as “ every thing appears yellow to the jaundiced eye,” and“ trifles, light as air, are to the jealous, .confirmation strong," so has almost every adjudication of the Bench recently, or a refusal, from a conscientious motive, to adjudicate at all, been tortured by inferences into meanings which do not belong to them, and which never would have been thought of, but for the heavily pressing matter mentioned. It is true, that the Magistrates have said, that depositing rubbish on the beach, is not casting rubbish over the margin of the cliff, and that a wheelbarrow, nor every species of vehicle, which runs upon wheels and may be hired at the will of an applicant, does not come under the defined meaning of hackney-coach, and have been hostile to convictions, as touching such matters, in consequence. But then, what has a justly celebrated and very able barrister, Mr. Gurney, been made to say, in reply?why, that the Local Act, in its present state, absolutely authorises such convictions as we have pointed at, though the Magistrates may not, hitherto, have had the wisdom nor the patience of research to find it out. If, in all penal cases, as lawyers have repeatedly told us, “ the bird must be hit in the eye”-that is, that the law, in such cases, will turn the evidence, in the slightest absence of positive proof, in favour of the accused, we are at a loss to find upon what unerring principle Mr. Gurney's opinion is founded! It is no longer ago than during the progress of the last assizes, that, in one of the courts, a prisoner was tried for stealing a duck, and, upon the clearest testimony, might have been found guilty; but the jury acquitted him, because the duck turned out to have been a drake! In the construction thus given to a penal statute, an ample justification must be found for the conscientious scruples of our Magistrates ; and where conscientious scruples do exist, in the administration of justice, heaven forefend that they should not have their due weight and operation. It would have been no difficult task to have established the fact, that a drake is a male duck, and so to have defended the use of the word in an indictment-but as such a defence of the term would not have been directly in unison with the expression of “ hitting the bird in the eye," it was not attempted ; and yet, we are not only
told, that a depositing of rubbish on the beach, not mentioned in the Act of Parliament, is a casting of rubbish over the margin of the clif, which is mentioned in the Act of Parliament, and should be punished alike ---but that a carriage let on hire, whether open or close-bodied, drawn by men or horses, and no matter how constructed, may be legally denominated a hackney-coach! Had the word hackney-carriage been used in the Act of Parliament, instead of hackney-coach, its meaning would have been less equivocal-and, on the same principle, in the case above cited, had drake been substituted for duck, the prisoner might have been hanged. The more we examine this matter, the more fully are we convinced that the Magistrates are right in their conclusions, and that the objections which exist with them, as touching certain clauses in the Local Act, may honourably and wisely have been called into being, without any desire on their part of aristocrating the ancient system of governing the place, or of weakening the present authority vested in the Local Commission. We shall pursue this subject further in our next number.
COURT AND FASHIONABLE.
On Thursday last, the Duke of Cambridge, unattended by any part of his suite, left the Pavilion for Sir John Shelley's seat, at Maresfield. His Royal Highness joined in shooting excursions, in that rural vicinity, part of Tuesday and Wednesday, and returned to the Palace about an hour after mid-day, on Thursday. Soon after the Royal Duke's return, it was publicly announced by circulars, that his Royal Highness would attend the Theatre in the evening-but from some cause or other, the honour, so said to have been intended, was not conferred. Madame Vestris has been playing at the Theatre, nightly, since this day se'nnight the Duke of Cambridge was present at her debut on Monday—the pieces then enacted were “The Siege of Belgrade,” and “ Paul and Virginia”-Lilla, and Paul, Madame Vestris. She delighted all present. There is an arch expression in her eye, which, in scenic efforts, tells admirably: her manner is often suited to that expression-and the word to the manner. She is playfully eloquent in silence; in her vocal efforts she enchants, but never bewilders : every note rings in tune, and is of the most melodi
ous quality. The animation of mind is visible in all she does ; her utterance is distinct, and the musician, not superficially, but profoundly gifted, is apparent in every varied intonation. In the opening of the latter piece, the duet (Miss George was the Virginia) was frequently interrupted by plaudits—more dulcetly it never could have vibrated upon a listening ear-the feeling it excited was not to be suppressed to the Royal Duke's reiterated “ bravo !-charming !"-simultaneous thunder followed, and rich, very rich, was the aggregate of the treat enjoyed.
On the evening of Saturday se'nnight, a Concert, for the benefit of Mr. Kiesewetter, had the honour of his Royal Highness' presence and patronage at the Old Ship. The instrumental performers, under the direction of Mr. c. Kramer, were the musicians of the King's band, with the addition of Kiesewetter, Mr. Neate, and Madame Ferrari. The principal singer was Signora Caradori. Messrs. Incledon and Cooke led the choruses; the performers of the latter, many of them, were amateurs from the local Catch and Glee Club. “God save the King,” marked the entrance of the Royal Duke, as at the Theatre, the company standing, and which, without being crowded, was elegantly numerous. The Overture to the Zauberflute, followed the national authem (wind instruments), and indescribably impressive was its effect. Like Don Vincenzio, in the comedy, every one seemed delighted with “ a crash.” A concerto on the violin, by Mr. Kiesewetter, amazed and enchanted all present : for brilliancy of execution, distinctness of tone, eloquent expression, and airy character, it was closely allied to perfection ; the most difficult passages were mastered with ease, and there were various, which, by many musicians, whose talents are destined to be perpetuated in the temple of Fame, would have been regarded as practically impossible. The rondo, Le Petit Tambour, wind instruments, clarionet obligato, Mr. C. Kramer, was another performance, in which astonishment was made to go hand in hand with pleasure. Madame Ferrari excelled on the piano-forte. Signora Caradori sung“ Ah si perdo,” “ La plus Jolie," “ Dammi un Segnaio,” and “ Ca m'est egal," charmingly ; in the latter she was encored. Her style of singing is classically chaste and natural; her melodies make their way to the heart ; and while she can direct such an effect, success in every effort must be its concomitant. Her voice is powerful, and of great compass; and there is a naiveté in her manner, which imparts delight visually to heighten the enjoyment of the listening faculty. Handel's Hallelujah Chorus and Coronation Anthem, the former as the finale to the first Act, and the latter at the close of the whole, were beautifully disposed of—the choristers were perfect in their several parts; and with the instrumental performers, nothing was wanting to give sublimity to sound. Silence, for a few moments, marked the completion of each piece and then the bursts of approbation were simultaneous and universal. At the opening of the concert, “ God save the King,” was divided as under, viz. Incledon sung the first verse, Charles Palmer the second, and Signora Caradori a third. The voice of Incledon, powerful, and rich in quality, broke upon the ear like the sudden accents of a long absent and regretted friend and to which all were cheerfully ready to give a welcome. The Concert began a few minutes before nine o'clock, and was concluded a few minutes before midnight. The principal amateur choristers, on the above occasion, were-treble singers, Masters Barnes, Wood, and Jackson-counter, Messrs. Donaldson, Newnham, Isted, Palmer, Blaker, and Ashurst-tenor, Messrs. Incledon, Weston, Blaker, and Simes-bass, Messrs. Cooke and Son, Sheppard, Pocock, Fisk, Tester, Fowler, Harker, and Alderton.
Lord C. Manners, Sir David Scott, Bart. General Sir E. Kerrison, Bart. Sir Thomas Stepney, Bart. Mr. Brummell, &c. had the honour of being included in the Royal dinner parties at the Palace, last week.
On Thursday se'nnight, the Duke of Cambridge, for the second time, condescended to be the patron of the performances at the Theatre-It was for the benefit of Mrs. Gibbs. The pieces enacted were “ The Follies of a Day,” “ The Sleepwalker,” and “ High Life below Stairs.” “God save the King,” as before, was sung soon after his Royal Highness had entered the stage box, and the voices of an elegant and numerous auditory, were heard in the chorus. His Royal Highness appeared deeply to feel, and which his manner forcibly expressed, the affectionate and marked attention paid to him. The entertainments of a theatre never induced more applause than on this occasion, and the influencing cause was, the diverting and appropriate manner in which the several characters were sustained. «The Follies of a Day,” or, “ The Marriage of Figaro,” a French trifle, was never made more to excite the risibility of an English audience : its business, which is somewhat complex, was as skilfully as carefully managed and in the Figaro of Russell, the Count Almaviva of F. Vining, the Drunken Gardener, by Barnes, the page, of Miss Fisher, and the amusing portraiture of Susan, by Mrs. Gibbs, there was much, very much to commend, and nothing to condemn. The Sleepwalker afforded a favourable opportunity for exhibiting the mimic talent of Mr. Yates, and he made a use of it that was as creditable to himself, as pleasurable to others. Somno, however, in his ad libitum process, commits sad havoc with the plot and intent of the drama ; in truth, he occasions both, at intervals, to be forgotten, and in their revived recollection, the interest which they had previously been made to excite, cannot be revived with it. With all our respect for Mr. Yates, therefore, and his spleen destroying capabilities, we cannot avoid remarking, that the ad libitum noticed, is a custom more honoured in the breach than