Star. — London, England, 1809-05-17 00:00:00

IN I hon Pol the bras saw and The and Visl . sery Frei nal cart oft I Ger port was onl] (' non that MCC Ora mar I Liii We ceiv . of Ma eve tul frot • • plir C TOT the con the to I dra FOREIGN INTELLIGENCE. ' 4 I;FIPZIC, APRIL LS. ..14 a A Conner here yesterday morning with the honourable Convention which the Commander of the Poli3b army, Prince Poniatowzki, has concluded with the Archduke Ferdinand. The equally wise and brave Commander stipulated the evacuation of War saw, to save the capital front the horrors of a siege, and to secure to his army all the honours of war.— The troops withdrew with their arms and baggage, and with their colours flying, to the other side of the Vistula, without entering into any obligation not to serve. This Convention authorises M. Serra. the French President, to remove, with all the French he. may take under his protection. When this Courier came away, intelligence was every moment expected of the entrance of the Russians into Gallicia. PORTUGAL. LISBON, APRIL. Letters from the north of Portugal mention that General Loison was buried in Oporto with great pomp. It is asserted that a nephew of Marshal Sault was also killed in an ambuscade. We mention this only as a report, having no official confirmation of it. (Of all the French Officers employed in Portugal, none was so conversant with the military positions of that country as General • Loison. Our readers will recollect that this Officer conducted the famous re treat from Almeida, when Junot had the chief come wand.) ' APRIL 28.—1 n the national Theatre of Rua, an Eulogy was recited on the exalted qualities of Sir A. 'Wellesley When he entered the Theatre he was re ceived with loud acclamations, and all the expressions of ..be most ardent enthusiasm. Soon afterwards Mar.hal Beresford appeared, and was saluted with every mark of attachment and respect from a grate ful people, sensible of the advantages they enjoyed from his exertions to organize and improve the disci. Cline of the Portuguese army. PARLIAMENTARr PROCEEDINGS. HOUSE OF LORDS, MAY 16. WRIT OF ERROR. Counsel were heard at the bar on the Writ of Er ror in the case of . the Sentence on Hart and White, the printer and cditer of the Independent Whig, now confined in the jails of Gloucester and Dorchester. Mr. CLISFoRn contended, at some length, that the sentence pronounced was irregular, and contrary to law. For this purpose, he cited various cases, drawn from different pert, ..!s of our history, from which he endeavoured to shew that the Court of King's Bench could, constitutionally, execute its sentences of imprisonment only in its own prison, or in the imson of the county where the act was com mitted for which punishment was inflicted, or in the prison of the county where the Court was sitting. It was, he said, one of the principal grievances alledged • against the oppressive Court of Star Chamber, that they sent persons to distant prisons. He maintained, that in the cases drawn from the best times, where the Judges had departed from the constitutional prac tice, they had almest invariably assigned some parti.l cular reason for such a deviation. It was only in very recent times that this practice had become mcee ire quent. He then alluded to the cases of Gilbert- Wakefield, Redhead Yorke, and Kidd Make, and argued that such instances by no means created pre-1 cedents to justify a practice, if such practice were j contrary originally to the law and ccnsti:ution of the i land. hie quoted the words of the late Earl Camden coocerning general warrants, who ha , i expressly said that the practice of public Officers, though the in stances might have been frequent, and passed over, were yet not to be considered as sufficient precedents for their justification, and could not be considered as the law of the land. la such eases as the present, the poverty of individuals nriAit frequently prevent / r'tein from ascertaining the validity of the practice.— His next great objection was to judgment, as founded on the wording of the information, which charged the parties with commenting on the conduct of a Court' of Justice, without stating whether those comments were true or false. How would a sentence upon such an iulornvtion affect an individual with respect to the severe necessity he was put to of finding security for' be eood•b: , haviour for five years after his imprison ment came to an end ? How difficult might it be to procure securities when ill behaviour was so loosely defined in the ini - ormation ? Might it not operate a.s a kind of perpetual imprisonment ? A man could hardiy carry on such an occupation as that pursued by these parties, with the least safety, if he were lia ble to be accused of misbehaviour for merely com. menting on the conduct of a Court of Justice. He c included iv'th a forcible and eloquent appeal to their Lordships, who, he trusted, would not .encourage or' sanction a practice that in worse times was considered so oppressive and unconstitutial, hut which, pecu. liarl) under the milder reigns of the House of Bruns wick, !. ought not to be allowed. The A TTOa , E y GENERAL replied to Mr. CLIP- Foßn, and contended that the Judges had done nothing but what the law of the land fully ena- I bled them to do, and justified them in doing. He was almost surprised to find that any text writer had thought it necessary to declare that they had such a righ. : yet, however, he found it distinctly stated in liawkins's Pleas of the Crown (from which he read an extract) that the Court of King's Bench could send either to their pwn prison or to any other prison i n England. Indeed, this was the law and the com mon sense of the case. The Court of King's Ranch was the chief and presiding Criminal Cr is the kingdom, and was not confined after 't' toanner of , so me inferior county Courts. He , i..ter roduced a ' great number of instances, to 7rce font persons . e., w ere punished by imprisonment et a ei.ttrict or county diitant t!,at in which the Court sat or the offence w as c ommitted. In some ca:.es, persons who had co mmitted crimes in plac , s es remote as Somerset- Alike Devoe shire 'were imprisoned in Nervgate, in the ci y f London. other cases, sentence s pil lory' and public ping :•. - ere executed i n two or three places ; as for instance, at Westminster, the Royal Exchange, arid in Southwark, all in different idistricm As to the insisting on security for good be haviour, it was a constant practi ce towards libellers, perpetual hi t - , and could not merit the appell a ti on of prisonment ; for if the party could not get a teetritT, he was at the end of those five years, free, there b ing then nothing on which the question could attach. But, if otherwise, it was too much to say that there was oppression. No : it was the man's own fault, if his friends were so fearful of his again committing the offence for which he had suffered the merited punish. ment of the laws, that they would run no risk to pro cure him his liberty. He was confident of the legit. lity of the sentence, and he thought whatever might, have been said by Lord Camden respecting the prac tices in the office of the Secretary of State, that yet his Lordship would have talked differently of the de cisions of the first Court of Crithinal Jurisprudence. As to the objection taken against the terms of the in formation, be observed that there were other ettrin sic circumstances that weighed with the Judges in considering their sentence. The man himself must know well what VMS the nature of his fault, and what was intended by good behaviour In future. He had been asked questions himself often, by persons who wished to know what part of a writing intended for publication could be considered as libellous. If this man asked the Learned Gentleman such a question, he hoped he would give such an answer as he himself had done in such cases; that he would decline giv ing him such information as might teach him how near the wind he could go in the work of libelling, without coming under the arm of justice. The At torney Genera I made a 'tricky of other remarks in defence of the sentence, The SOLICITOR GENERAL was about to follow, when the House adjourned the further hearing till Thursday neat, at two c'clock, THE REV. SR, BAZELLY e S APPEAL. Mr. flown appeared at the Bar for the Defen dant : no Counsel appearing for the Appellant, the question *as immediately put by the LORD CHAN• csr.r.on, and the decree of the Court of Chancery was affirmed With 501. Cosa. Several Private Bills were afterwards forwarded through various stages.—AAjourned at half past six. HOUSE OF COMMONS. The SPEAKER attended to take the Chair at the usual hour, but only 36 Members being in attendance at' four o'clock, the HJuse adjourned. THE EVENING STA R. LONDON WEDNESDAY, MAY 17. Penmen OF Wai.as aeass.—Holiday at the Bank, Ezdtequer • and Stamp-91Sce. PRICE OF STOCKS YESTERDAY. Bank Steck 24514 Omnium I pr. us. S per Cent. Red.67ii India Stock 185} 3 per Cent. Cons. 66* India Bonds 15s. I 6s. prem. 4 per Cent. 8 , 21 i Exeheq. Ins 143. prem. 5 per Cent. Navy goi Cons. for arc. 681 f Yesterday (3:3patchcs were received from Admiral Sir ALEXANCER. COCHRANE, ' dated the 7th ult. an nouncing that on the 25th of March, the L'Orient squadron appeared in the %Vest Indies; viz. the Cou ragctix, Delafoulte, and the Polonaise, of the line, and the Italienne and Furieuse frigates. They had , caozured two merchant-ships ie their voyage, and fro:n thee, it is supposed, they learned the fate of Martinique, as they instantly bore away for the Saints; where Admiral COCHRANE, with the ships under his command, soon after arriving, and finding it impracticable to attack them in that situation, ap plied to General BECKWITH for troops, which, it was supposed, wculd arrive from Martinique and Domi nica, by the 12th : in consequence, the most sanguine hopes are entertained, of the capture both of the island and the squadron.—The following letter contains a, few particulars relative to this squadron " FALMOUTH, MAY 14. Arrived_this day the Francis Freeling packet, Captain BELL, with Mails from the Leeward Islands, in 9.9 days from St. Thomas's; she brings an account of the arrival 2t the Saints (Guadaloupe), of the French squadron which effected their escape from L'Orient, about the beginning of February last : they were destined for Martinique, but having re ceived information by some merchant vessels they captured, that it was in our possession, they put into the Saints, and are blockaded by his Majesty's ships NEPTUNE, YORK, POMPEII., CAPTAIN, and INTREPID, with several frigates.—General BECKWITH, at the ap plication of Admiral COCHRANE, is preparing some troops to land and erect batteries on the island, and which will oblige them to come out or surrender at discretion. The French force consists of three line of battle ships and two frigates, viz. Courageux, De lafoulte, and Polonaise, and Italienne and Furieuse. The Duke of Kent and Duke -f Alontrose packets, were safe arrived at Barbadzes." It appears that some movements ha•:e again com menced among the vessels composing the Boulogne Flotilla. Their object is not known, but they nave been , :nfortunate in their first attempt. Yesterday his Majesty's ship Trompeuse, Captain DOLLING, sent two of them into Dover. They carry each two large guns and two howitzers, and a crew of 15 men. These with nine more came out of Bou logne harbour the day before, and were •bound to Helvoet. On observing the Trompeuse, they madcs. for Ambletuse harbour with all possible speed, and eight of them succeeded in their object. The other three ran on shore under Cape Glisnez, and about ten &clock at night the two than have been sent in were brought off by the boats of the Trompeuse, un der a tremendous fire from the batterie, but fortu nately without any of our brave fellows receiving any hurt. These prizes, though fropl Boulpg!te,' are Do i tch and were mann ed w i t h D utc h men, twoOfiiitotra wire Founded by the fire from the bltteries. appear to be Intuit decayed by having lain by so long —They have ch four large guns below, beskles those monnte on deck. Yesterday less than nine vessels arrived from Holland. Tey left the coast last Friday, at which time no accoents had been received of any farther successes of the French against the Austrians—a cir cumstance which tends to give some countenance to the reports cirrent at Hamburgh, A letter from that City has thefollowing— " P. S. A Courier has just brought Intelligence, that on the 23d and 24th instant, Hiller totally defeated the French. He himself has written a letter to the Commissaries of War, that provilions, Ste. should be sent to Alt-Oltingen." The Dutch letters mention that the French in Holland am_ far from comfortable. Even the terrors . of tyranny cannot restrain the people from upbraiding them as the cause pf all their miseries. The Captain of a vessel who left Oporto on the 19th ult. gives a recital afflicting to humanity ;—At the time of the advance of Marshal SOULr to that unforruna:e city, about forty French prisoners fell into the lands of the populace, who barbarously put them to death. As soon as the Marshal was informed of this, he ordered bloody vengeance to be taker. In consequence, some thousands of the wretched inhabitants were bayonetted without distinc tion of age or sex. After the rage of the French was in some messure satiated, and the bodies of the slaughtered had been exposed three days in the streets, the bodies of some were permitted to be interred in the churches and burial grounds, but the greater num ber of the dead bodies were cast into the river. Mar shal Soutr, it is said, gave strict orders to the soldiers spat to hurt any of the English, as they, he was pleased to declare, generally respected the laws of war. When the Captain sailed, there were not more than 6,000 French troops in Oporto, On the above narrative there is one observation to be made ; and that is, that the speedy surrender of Oporto is not to be attributed, as is tog generally done in this country, to an indifference on the part of the Portuguese to their national• indepen dence, which we are convinced does not exist in any part of the Peninsula—but to disorganization, aided probably by th,- corrupt co•operation of a few partizans, which the enemy has the means everywhere of purchasing among the more powerful classes. Letters of the 30th ult. from Lisbon, advise, that ;',7 transports, with British troops on board, had sailed for Figueras, to assist in an attack upon the enemy. The letters brought by the CHAMPION from Lisbon, state, that the British army by the latest accounts was at Leiria, and was expected at Coimbra, about 80 English miles from Oporto, on the 2d of May.-- Sir ARTHUR NYELLMEY, as we stated in a former Paper, had set out for that town. It is not impro. bable that Sir n un means only to make a demon stration against SOIII.T I and that his real object is to attack VICTOR, for which his great force of cavalry is well adapted. If by a successful movement he could cut off the division of the French under Vic- TOR, the impression given to the Spaniards would most Irdent and auspicious. The fall of SoULT would afterwards be certain. We mentioned yesterd ty (in our Portsmouth letter) t'ie arrival of transports with the French Garrison of Martinique, these trooops having been refused to be received at Quiberoon. In other words the French refuse to ratify the capitulation of General VILLARET, by which the troops composing the garrison were to be carried to France to be exchanged man for man, and officer for officer, according to their rank : the whole garrison has been brought to England, and arrived Monday evening at Portsmouth. The destruction 4 the French Fleet in Basque Roads, And the great panic which has since almost paralized the enemy's naval force, having rendered it unnecessary for this country to maintain large block ading squadrons, o'ir fleets are to be detached into numerous flying squadrons, to act at discretion, or as circumstances may require. Orders from the Admiralty were received at Ply. mouth on Saturday, to fit out all the small vessels cf war in that port which were deemed capable of being rendered fit for service, and to afford 'every faci lity and encouragement to the fitting out of privateers. So urgent was this order, that numbers of the ship wrights were ordered to work on Sunday. By accounts from Dominica, dated 22d March, upwards of 20 sail of vessels were espected at St. Hartholoinzw's from Liverpool, at which island they would obtain the Swedish flag, and proceed to the Coast of Africa, to trade for negroes ; by which means the Law for prohibiting the Trade will be evaded. It is the duty of Ministers to look to this adventure. The Little Mary cartel, Capt. BROOKES, arrived at Portsmouth from Oporto, which place she left on the 19th ult. brings an account that the following English vessels were captured by the French at Oporto, on the 29th of March, viz. : The Atalanta, Battersby ; Mary, Back; Favourite, Liddle Anna, Paltrier; Pbanix, Tomlinson ; Lord Howick, Anderson ; Noah, Bowman ; Progress, Barking; Charlotte, Watson ; Aqui lon, Thomas; John, Haywood; Unity, Gardner; Elisabeth, I ---; Queen Charlotte, r--; and the Harmony, Penson All fully laden, except the Queen Charlotte.—The two latter vessels are since lost. Friday the Court of Session met in Edinburgh, fer fre dispatch of business. ARCHIBALD Cempasu., Esq, Advocate, one of the Judges of the Commissary Court (son of the late LORD PRESIDENO, presented his Majesty's letter, appointing him one of the Lords (if Session, in the room of Lord Dumsumra, resigned. The buildings and garden-ground in St. Dunstan's, Canterbury, lately uses as a gaol, for the eastern aii- • visi.pn of Kent, were sold by Public Aucjion on Sa turday last, and produced the sum of £1420. THE ARMY. Monday arrived at Portsmouth, from Martinique, Captain SCOTT, of the Sd West Tndia Regiment ; Cap. tain MITCHELL, of the 30th Foot ; Captain WYN3P, of the 23d Foot ; and Captain WILLBY, of the 990 1 Foot. The latter Gentleman brought home three Tin. petial Eagles taken from the enemy by our troops the conquest of the island : he set off with dispatche s to town immediately on his arrival. The troops, which consisted of the 13th Foot, Royal York Rangers, and 3dWest India Regiment, areall extremely healthy, and are the only British troops on the island, whi c h is now become head-quarters both for the Army and Navy. It is expected that the first battalion of the 52d re. giment and the 95th Rifle Corps will be embarked i n the course of the present week. Several other corps from the Eastern I)istrict of Kent are also to be rrn. barked immediately, and the fleet will sail befor e the King'S Birth• Day. By the fleet now about to sail for Lisbon, ve r y strong re-inforcements are going out for all the tegi. meats in Portugal, On Thursday a large body of men embarked at Portsmouth, for Sir JOHN DOYLE'S Irish Heroes, the 87th regiment. On Friday, a very large draft for the Connaught Rangers, the 88th, Mar. shallersronn's own regiment, On Saturday a di. vision embarked for the Queen's taerman, or 97th regiment. Yesterday, a large body embarked for the 45th regiment, The system now appears to be to keep up every battalion pn foreign service to the strength of 1000 risen, from the 2d or 84 battalions at home, instead of, as formerly, sending po service, weak battalions pf half the usnal strength. Nothing more strongly demonstrates the utility of the measure lately adopted of filling up the line from the Militia, than what is passing at the present mo ment. These volunteers, officers as, well as men, all of them excellent and well-made soldiers, are imme diately transferred to first battalions, and go directly on active service? We are glad to see that already the punctilicus cti• quette of uniform is less attended tp than it was; men go out to join battalions in Portugal, in all sorts of uniform, without waiting till they are trimly dressed in the uniform of their new corps. Lieutenant-Colonel ELLEY, of the Horse Guards, is appointed Deputy Adjutant-General to the Cayalry of Sir Anrittat WELLESLEY'S army, and with many other Officers of the Staff, is . now at Portsmouth, embarking with the troops there. The following is the correct state of the British Army in Portugal, and which had taken the Zeld under the command of Lieutenant-General Sir JOHY pRADDOCK t K. B. and K. C. and reached Leyria. Second in command Major-General SugnisnopKE: Comm. Officers of Revs, 14th Light Dragoons - Col. Haw ker Cavalry, 16th Light Dragoons - Col. Anton Zofaj.Gen. Cotton Detachment 20th Lt. Dra. Major Blake Ditte Ssi Lt. K. G. Leg - Capt. Meyer FIRST LINZ. - Brig. General S 1 Batt. Coldstr. Guards Li eut . p o t. H u l s , : Campbell, 11 Ditto 34 Guards - • C o l. S tcp f or d 3d Batt. 27t is * Regiment Lt C u l. Ancan Major-General Mackenzie 2d Ditto 314 rgimeu Major Watson Ist 'Ditto 45th Regiment Lieut. Col. Gui.rd Brigadier-Gep. 529th e gi - . .. Lieut. Col. White Stewart . 11 Batt. Detachments • Lr. Col. Bunbury Major-General 1 Batt. 3d, or Buffs • - Lt.Co.Drummond 2 Ditto 87th' •' - - Major Gough 'Filson 1 Ditto ttitth • . - - Major Vandeleur MaJ. Gen. Mur- Ist Line Batt. 4. G. Leg. Maj. Bodeker ray, ,mod Brig. 12d Ditto Ditto - Lt. Col. Brown Gene. Dr . uberg sth Pitt* Ditto - Major Gerber & Lanzworth . 7th pitto Ditto - Lieut. Col. Low. 11LCOND LINT. 1 Brig. General A. 2d Bat. 7th, or R. Fusil. L.LCoi.SirW. Myers Campbell 2d Ditto 5 3d :..- "Z Lt. Col.Bingliam Brig. General 97 Regiment -- ? Lieut. Col. Lyon Sontag 2d Batt. Detachments - Lt. Col. Copson Brig. General 2d Batt. 9th Foot - - Lieut. Col. Moile Cameron 2d Batt. 83d - - • - Lt. Col. cordon. lasißyz, /2d Batt. 48th . - - - Lt.Col.Duckwor Major-Gen. Hill sth Batt. 60 ds 6 (Light) Major Davy 2d Batt. 66th - - • Major Murray. In Garrison at Lis on 2d Batt. 34:ith Regiment, Col. Minnett. Brigadier-General Howarth, commanding the Artillery. Chief Engineer—Lieut. Colonel Fletcher. Deputy Adjutant-General—Lieut. Colonel Darroch. Deputy Quarter-Master-General—Colonel Dor kin. Deputy Curnmissary-General—P. Rawlings, Esq. Inspector of Hospitals—Alexander Thom on, Esq. Il PtSONAL STAFf or COMMAND it Of TI FOICtS. Lieut. Colonel Reynell, 71st, Military Secretary. Captain Morris, 3d Foot; Captain Burgh, 92d Foot Ensign Fret mantle, Coldstream Guards; Viscount Ebrington, 9th Foot--- Aides-de-Camp. Colonel Ews, and several other officers, are at Portsmouth, embarking for North America, to join the armies under General CRAIG and Sir GEORGE PREVOST, Yesterday Colonel M'QuAluE, the Governor of New South Wales, with his Lady and suite, arrived at the George Inn, Portsmouth. The Ist battalion of the Colonel's regiment, the 73d Highlanders, re cently filled up from the Scotch Militia, is embarked on board the DROMEDAIuY and HINDOSTAN men of war ; it is expetted they will sail in the course of this day. CHELSEA COLLEGE.—Yqtercliq the Court again assembled, and proceeded in the examination of evi dence in support of the defence of Captain COCHRANE. The principal part of the morning was occupied in hearing the evidence of his Royal Highness the Duke of Cumberland. His Royal Highness came into Court about eleven, dressed in his full uniform as Colonel of the 15th Light Dragoons. The President and all the Members of the Court rose to receive hirn- A chair was gives but his Royal Highness Etood while he gave his testimony. He delivered it in a most clear, distinct, and emphatical manner ; and he spoke in very hi g h terms of approhati in nf the unitormly zealous conduct o f C apta i n C oc h r ane It is expected the defence will close to-morrow ; After which a few clays will probably be given to the Fro• secutor to prepare his reply. The Court was exces sively crowded, particularly while his Royal Highness ,as preseat. Martiniqu e ; ;tment ; Cap- tain W m:4l , of the 99111 ate three Int. )ur troops i n th dispatches The troops, ork Rangers, mely healthy, Bland, which re Army and the 52d re. embarked i n al other corps Lis° to be rr n . rail before the Lisbon, Very all the regi. arge body of oux DOY LE'S 'riday, a very he 88th, Mar. iaturday a di. r;an, or 97th )arked for the , ears to be to ,rvice to the hattni:".,..•