Star. — London, England, 1805-06-24 00:00:00

I, .PARIAMENTAIZr PROCEEDINGS. HOUSE OF LORDS, SATURDAY, JUNZ. as. At o'e o'clock their Lordthipa fat in a Committee on the cafe of Mt...iv:lice Fox, and heard Mr. Ro funs up the evidence an the firlt charge againit the Learned Judge. Lord HAWKISBURY, when the Houle was refumed, gave notice, that on Monday he world move to (*end the hearing of evidence againit Mr. juftiee Fox, for the prefent,and would bring in a Bill for continuing the effe.A of the proceedings already had mu Reit StTon. CAVE or MIL. THELLUSSON ' S WILL. • Lord MULGRAVE opened, by obferving that Lord Rofdyn, in giving his decree upon the will of the late Mr. l'helluffon, direEted an Appeal to the Houle of Lords. The prefent Lord Chancellor deamod the caufe of fuch importance, thathe moved the 'lonic to dire& the attendance of the Judges, when the Appeal was heard. Since that period many Peers are dead, particularly the Chief Juffice of the C immon Pleas. Two new Judges have alto been called to the Bench, and as it mutt be deferable that the iioufe fhould be in poffeflion of the opinion of fuch new Judges, particularly of Sir James Mani field, and of fuch Peers who have taken their feats ''.nee the former hearingof the caufe, I move that the order for the attendance of the Judges on Tuefday ne xt he dill-barged, that the cafe be re argued at your ordfLife , ' Bar, and that all the relent judges be j. furnmoned. Lord WEETMORLAND, in giving his fupport t the motion, fpoke to the following effe& at the qiieffion as it flands—a quellirm of the greateß ioeportence to the public as well as to individuals.— 'ihis cafe was, in the fira place brought to the Court or Chaneery, it was confidered of filch difficulty that the Chancellor thought it neceffary to call to his aid three judges from the other' Courts. Thee Judges concur in opinion ; but if any credit can be given to the Law. Report, upon grounds feparate, difcordant, and militant against one another. The Chancellor having given the judgment, in conformity to that opinion, advifed the parties to appeal to the Hoeti: of Lords. The cafe was of courfe appealed to the I nrds--was heard with that attention which your Lordllaps, as is your duty as well as pretice, pay to the caufes before-you. A cafe was referred to the Judges; their opinion has not yet been delivered ; fince that period, confiderable alterations hive arifen. In the fit(' place, at lea 3o new Members have been' added to this Houle, who are to decide upon a quef ti. n, upon ohich they have not had an opportunity of 'leering c;:e word. In what fituetion does the Houle then P.and with the public ; aro we judges in dernier retort, or are appeals to be conlidered as illu fory and ufelefs ?—Nest, we have had the misfortune to tole the able perfon tam fat upon the woolfack and decided this cafe ; and alfo the Chief juffice of the Common Pleas (one of the Judf;es who gave an opi nion on d ie cafe) in that in this important cafe we are deprived of knowing the grounds upon which the appeal was recommended. Since that period two new Judges have been received on the Bench • one of them, the Chief Jultice of Common Pleas, the firft Equity Lawyer in the kingdom (whole opinions have almoft been held as oracular) the other his Ma)efty's late Solicitor General, likewife very eminent in this Patticolar branch of the profeffion. Under there cir cumfiances juffice would require of your Lordfhips to obtain every information poffible upon fuch a cafe as the preen!, and have the Alliance and advice of thofe able onions, which can only be had by order ing a new heating ; a favour feldom refufed to. per lons defiring it. Even in ordinary cafes, the fobjeEts of this land have a right to the opinion of the Twelve Judges, whil a the Petitioners would have only the opi nion of ten of the Judges, Mould their petition be re jeaed. No poffible injury could atife to an.y party by the delay ; the direCtions of the will were fulfilled, as accumulation continued ; neither could it be laid that the delay would area any other queftion, as the le giflature had decided this will to be fo dangerous, that it had patted an Aa to ptevent fimilar devifes, and it could operate on no other caufe, as it had been Rated, and not denied, that there was no cafe limiter to it in any record of the law. No injury t therefore, could arife from the rehearing of this caufe, as by fo doing your Lordfhips would fhew your attention to juffice ; would obtain every information that could be had upon the fubjea ; and the petitioners would feel, that in fubmitting to the judgment, whatever it might be, your Lordfhips had given every opportu nity of Rating their cafe ; whereas, if this was refufed, they would feel that they Were not allowed thofe op portunities which were granted in more ordinary cafes. If all the fudges concurred in one opinion, you would know all the wifdom of the law was with you ; but if you gave an opinion without fuch con currence, you may, perhaps, hereafter think that you have decided againa individuals, when if all the wif dom of the law had been colleted, you might have had different advice. It may be Paid that the fame objeaions may again occur of change of Judges, or Members of this Houle; no doubt this objettion does apply to grant delays, it is a reafon why the delay fhould not have continued to the prefent period ; but the delay havina arifen, it is no reafon we fhould decide without due delibera lion, without due invefligation, without fome Mem bers having any information on the fubjea, and with out all the advice we are entitled to ; let the cafe be fairly argued, and an immediate decifion given. The LORD CHANCELLOR oppofed the mo tion. The queftion had been argued, and he law no reafon for a re-hearing, or for further delay. The motion was negatived, and it Rands therefore for Tuefday. Lord HAWKESBURY moved, If That a met rage be fen; to the Commons, to defire that a copy of the Report of the Selea Committee of that Hoofs, to whom tip much of the Tenth Report of the Corn miffioners of Naval Inquiry, as related to the approt potation of monies lodged in the Bank of England, on account of the Treafurer of the Navy, to purpoles not natal, &c. was referred, fhould be communicated to their Lordfhips." In anfwcr to an obfervation from the Earl of Rad nor acrofs the Table, The Noble SECRETARY of STATE obfer ved, that as a bill for indemnifying a Right Honourable Friend of his, with repet to a part of his condua, was granted on the report moved for, fome light may be derived from that document, with relpeta to any dill:drum that might poffibly ariie as to the Le giflative prcviiion. The queftion was then put, and the M.,ffitge or dered to be fent accordiugly.—Adjourned till goaday. LONDON. i~~ • MONDAT, JUNI t 4 ST.IOIIII ras LISTUTd...HOIidaY. The Gazette of Saturday' contains the particulars .cf the gallant exploit performed by the Louts frigate, Capt. MAITLAND, in capturing the fort of El Muros on the coaß of Spain —Alfo the official accounts from India, of which we have already given the outline. It was yeilerday Rated, that the valuable island of Curacna, in the Well Indies, has been captured, to with toestilail eMerchantmen. richly laden. We are not exaaly certain a, to the force 'employed upon this occafion, but we know that his Majeßy's (hip Sr. Gansu tr, of ninety eight guns, commanded by the Hon.• Capt. Da Coulter, and the Faancatsa frigate, commanded by Captain MURRAY, were pre fent. The above account has been received from an Officer in the Sr. Genius ; and at the time the let ter was written, .the Merchantmen were alongfide that (hip. Government. ; however, have received no Inch accounts, and though we give the above as the rumour of the day, we mutt add, that it is entitled to little or no credit. • . • Government, we can 2irert, have received no dif. patches of any importance by the laft three mails front the Continent. • Yellerday we•received French Papers to the t6th, and Dutch Papers to the aoth inftant. Their contents are of confiderable importance. • Were not the Powers of 'Europe either blind or paralifed, there is hardly a tingle flep that has been taken by BONAPARTE (ince the peace of Amiens that would not have routed their indignation, and united them in a firm bond for the general farm. • We lave finee that period ken the independenceof Switzerland defiroyed ;—a French Military Govern• went etlablifired in Holland ;—Hanover occupied by French troops, and the.people robbed, plundered and appalled by the French tyrant, in violation of the right; of the Germanic Body ;—the fame Body again intuited by the foizure of the Doke d'E►:cetss on its territories contrary to the rights of Nations, and his being put to death contrary to the principles of juftice; —the fe lame of a Britifh . Minifter in a free city, in violation of the rights of all civilifed Governments; —the ufurpation or the Crown of Lombardy;—and now we are officially informed in.the ieur of the annexation of the Ligurian (formerly the free Genoefe) Br. public to the Empire of France! Is there any other thing he can (wallow up without refinance ? We can hardly think of any, ,except the kingdom of Etruria, formerly the Grand Duchy of Tuf cany. That we think will probablybe the nertmorfel. Some time ago BONAPARTI had ftomach enough to believe he could gorge down Great Britain and Ire land at one meal ; but being difappointed he has no objeftion to feaß on lefs worthy fare—He would de vour all Europe !—He will, if the other powers con tinue to manila the fame indifference to his en croachments. If we might infer any thing from the Manner in which this annexation has been effected, we would fay that the time is not far diftant when the mai: c will be thrown off refpating Auftria. Having potleffed himfelf of the greater part of its frontier to the Weft and South, BONAPARTE teems now preparing to court a quarrel with that power. The tamenek it has hi therto Minifefled convinces him, probably, that it will be more eafy to annex pan of its territories to his own than to fubjugate this country. The Note of the Ligurian Senate pretested to the Re prefentative of his Imperial Majefty, teems to have been tranfmitted more for purpotes of offence than diplomatic communication. The Auflrian Plenipo tentiary is cashiered and difmiffed, even before the union is propofed, with as much indifference as the Emperor of the French would one of his military laequiei. As to the intuiting language employed refpeCting this country, it hardly deferves any notice. There is no love loft between us! There Journals alto contain tome details refpeiting BOKAPAILTeII new kingdom of Italy, and the changes that have been deemed neceffary to adapt the Con llitution of the Italian Republic to the Kingly Go- vernment. The French Emperor tells his new kingdom of Italy, that his hopes of peace are conficlerably dimi niffied by the evafive manner with which the Britifh Government has received his propofitions ; and he boafts of the late fuccefs of the French fquadrons, upon no account fo much as upon the demonilration, he thinks, they offer to the Englifh, of the unpro fitablends and vanity of continuing the war, which r can lead to no advantageous refult for this country. He concludes with ezpreffing his hopes that the peace of the Continent will not be difturbed; but he affirms, that in every event, his fituation is fuch, that he has no reafon to apprehend the chances of war ; and he allures his people of Italy, that he will be in the midß of them at the very moment whenever it (hall hap pen that his pretence becomes neceffary. The firft tide of the conflitutional (astute of the kingdom of Italy relates to the property of the Crown, and fates as follows " The property of the Crown confifts of, t ft, the Royal Palace of Milan and the Villa Bonaparte. ad, the Palace of Monza and its dependencies. 3d, the Pace of Mantua, the Palace of du The, and the heretofore ducal Palace at Mo dena. 4th, a palace, lituated in the neighbourhood of Brefcia, and a palace in the neighbourhoodd Bo logna. sth, the wood of Tefin. A capital of ten millions in notional property is fpecially affigned for the acquifition of the palaces in the neighbourhood of Brefcia and BOlogna, and the land neceffary for the formation of the parks of Monza and the wood of Tefin. To fapport the fplendour of the Crown, in dependently of thefe difpofitions, there (hall be car.' tied from the public treaftary every year, and placed I in the hands of the Treafurer of the Crown, the fum of fix Miflioas of Milanefe livres, a twelfth part of which fluid be payable every month. Two millions are to be transferred to the fame Treafurer for the pay ment of the King's guard. The King, when circutn fiances. require, may align to the Queen from the Civil Lift, a dowery, which, in no cafe, can exceed the annual fum of 300,000 livres. The fecond title Rates, That while the Emperor sad King NAPOLIMI retains the Crown• of Italy, he may cable himfelf to be reprefented by a Viceroy, who mull reticle within the boundaries of the King dons of Italy. Title third far, The Colleges of the Poffidenti, the Dotti, and Commercianti, affemble feparately ; and are convoked by the King,) who names thel time and place of their meeting, in order to complete themfeives, and name the Members of the Legifla tire Body. The Prefidents of the three Colleges are named by the King. Title fourth relates to the Council of State, which coma& of the Coundil of Confultors, the Legillative Council, and the Council of Auditors. The members of there three councils are named by the King. Tide fifth relates to the Nations of the Legiflative Body, whofe fittings are opened by the King. The King has the right of diffolving the Legidative Body. Title fixth concerns the judges, who are nomi nated by the King. There is to be one , civil code for the whole kingdom of Italy.. The code Naroutow !hall be put in aUivity on the ill of January next. A eradiation of it into Latin and Italian mull be pre fented to the King for his approbatiOn on the ill of November at iota. No change can be made in the code for five years. By title feventh, the King his a tight of pardon, which.he exercifes after having heard a Privy Coun cil, compofed of the Grand Judge, a Civil Officer of the Crown, a Grand Military Officer, a Member of the Council of Confultors, and a Member of the firll Tribunal of the Kingdom. . The eighth title relates to the Order of the Iron Crown, for which fee our cutoffs. • • •I IN .1. •N. .AURK-LANE. CORM vzCHANGE, JUNE 24. The Market continues to have a great Many fur ther arrivals of foreign Wheat ; early in the day a few (ample. of the fait quality had brifk Cale, at ra ther better price ; bat the fupply is chiefly inferior, and very difficult of Cale, at reduced prices—Barley in (mall rtqueft, with Malt at about laft currency— Beans are rather dearer, but few arrived—Peas of each fort at little difference—The trade for Oats, from the many arrivals of foreign, is quoted at lower prices—Flour as laft week. FROM tan LONDON OA2IITTE, SATURDAY, JUNE 2E. • Average Price of Corn in England and Wales, from the returns 1 ending the tsth or une, aos. Wheat. I d Rye. Barley. I Oats. Beans. Peale. 4. A . $9 11 S 9 4 43 8 27 7 4 6 3 47 44 The average Pike of Sugar, computed htim the Returns made in the Weekending June 19,1 s 495. 641. per hundred weight. NAUTICAL INTELLIGENCE. Pars:onyx, Pita 22.—Came in the Spanith (hip privateer Santa Leocadia, of tit guns, and 114 men, captured by his Majetty's (hip litaaxit, of :8 guns, the gth init. tail from Cork : the latter is alto arriv ed.—John and Grace, Captain Nozrow, from Cork ; Friendthip, Captain PAUSE it, from ditto, both laden with provifinns for this port and London.—Sailed the LOIRE, of 38 guns, on a cruize ; the TOURTSRELLE, of 28 guns, to the weftward ; and the TROWBRIDGE. of 24 guns, for Galway.—Came in the ENDEAVOUR armed (hip, with a fleet from the weftward ; the Nymph, Captain Lawrow, from Cork ; the Dann brifh Anna Magdalena, from Amfterdam to Alicant, laden with eheefe and other goods, detained by the Lord Nelfon privateer, of this place, Capt. Caousa. —Sailed the Eours, of 32 guns, on a crttize. PORTAMOUTH, JUNG 22. — Arrived the FURY bomb, Captain YELLAND, from the eaftward.—Sailed the GLORY, of 98 guns, Rear Admiral STIRLING , Capt. Wattles's, to join the Channel Fleet; Nawasts fri gate, Capt. SousavtaLE, for Cork ; and the Pao' , 'Rao bomb, Captain Jowl's, with a convoy for the Downs. A letter from an Officer of the NEPTUNE, dated off Breft, on Saturday laft, Pays—" The following (hips have been detached to cruize cif Rochefort, where the Neal lugger has reconnoitered eight fail of the line, nearly ready for fea, viz. FOUDLOYAN T. Sir T. GRAMS; BARFLEUR, WINDSOR CASTLE, REPULSE, WARRIOR, TRIUMPH, RAISONAIILS, and NITA." DEAL, JUNG 33.—Sailed the AUTUMN and CYO. NIT poops of war, on a Cruize off the French Loath —Arrived the Loaf) KEITH cutter, and feveral gun brigs from off the French coalt, and remain in the Downs with the (hips as per Taft. The YAWN/US bomb has a fignal flying for a convoy to the weft ward.—Wind N.E. FROM LLOYD'S LIST. GRAVESEND, Janaa3—Palled by the Neptune, Kell, from Greenland; Emanuel, Valarum, rum Stockholm ; Brothers, Slyer's, from Norway; Patience, Merrick, from Chriftiana; Margaretta, Zelk, from Abut ; Laura, Spence, and the Jonge Fry, from Rotterdam--aulcd the Anna Leuia, Dezeu. for Va rell; Mercurio% lietunao, u 4 the pogo ALda CattiatioN for Stobdoo • From the LOT.ZON GAZITTB, Jim, 32. WHITEHALL, JUNE 18, sills. The Mowing intelligecce has been received at the Balt India Houle, from Bengal: TO HIE EXCELLENCY THB MOST NOBLE MARCUM{ WILLIIIILEIf. My Lord—My difpa:ches of the 24th and 25th in• giant*, will have informed your Lord(hip of the complete (*meets of our operations againll the town and fort of Deig. I attribute our ear!ypolfelliqn of this lirong boards, entirely to the panic which the garrifon experienced, on witnefing . the irrefiflible va• Four and intrepidity of our troops in carrying by af fault the outwork, and forming their numerous bat teries, under the walls of the town, which were fup. ported by extenfive entrenchments, occupied by a large force, confiAing of feveral of the Rajah of Bhurtporc's battalions, and the remaining infantry of Jefwunt Ran Holkar. The number of the enemy killed on the night of the i3d infl ant, was imme.. The ardent zeal, energy, and irrefthible valour, which have marked the conduit of our officers and troops employed on this occafion, under circumilan ces of peculiar difficulty and danger, ]huff: ever ra nee on them the highefl credits and the benefit the nation has received from their exemplary and herice behaviour, mull be matter of proud exultation to every weU wiiher of the Britifh empire. —Too much prailb cannot be bellowed on every corps engaged, for the perfeil regularity with which this fervice was performed. I found it neceffary to divide the force defined for this fervice into three columns, the whole mnving off fo as to teach the different points of at tack a little before twelve at night. The right co lumn, under Captain KELLY, confilling of four bat talion companies of the Honourable Company's Eu ropean regiments, and five companies of the if bat talion tzth 'regiment Native Infantry, was ordered to carry the enemy's batteries and trenches on the high ground to the left of the town. The fuccefs of this party was complete, and entitles Captain KILL' . to every praife for the manner in which it was con dueled, and for the coolnefs and gallantry he difplay ed under every trying cirt_um fiance, expored to a Leavy fire tom artillery, which was defended with defpe rate refolution. Captain Rearm of the artillery, who accompanied this party for the purpofe of fpik ing or bringing off the captured ordnance, particu larly fignalized himfelf on this dangerous Crevice... The lett column, under Major RADCLIFFE, confining of the remaining four battal:on companies of the Ho nourable Company's European regiment, and five companies of the in battalion t zth regiment Native Infantry, was defined to carry the trenches and bat teries on the enemy's right. This column was equally foccefsfel with that oppoad to their left ; and the fervice was performed with equal gallantry and fpirit, and refit is infinite credit on Major Reecurre. The centre column, led by Deutenant Colonel MACULA' (who had the genera! command of the whole), con lifting of the flank companies of his Ma jefty's 22d, 76th, and of the Honourable Company's European Regi ment, and of the ;It Battalion Bth Regiment Na tive Infantry, compofed the Itorming party. I have hardly words to exprefs my fenfe of the condwfl of this party, who, under a galling fire, on their flanks, of cannon and mufketry trom the enemy's batteries and trenches, and over broken and extremely ours vourable groond,rufhed on to the breach,and gained poffeffion of the work, with a fpirit and ardour which mull have enfured faeces whatever might have been :he oppofition. I feel myfeliunder the grcateß obligations to Lieu tenant Colonel Macßae, to whore condo& on th;s occafion I attribute the ultimate fuccefs . of the-attack. Lieutenant-Colonel BALL. who commanded the Ilk Battalion Bth, Regiment Native Infantry, is eistitled to the greateft praife for the attivity and fpirit be dif. played in leading on his men ; and for the able RlR ance he rendered Colonel Macßae in the adolition of fuch meafures as became afterwards neceffary, to (e -nure us in polfelfion of the place. It is with fincere grief I add, that this valuable officer received a re vere, th9tigh, I truft, not dangerous wound, but which will, I fear, deprive me of his fervices for Come time. The conduit of Captain LINDSAY, of his Majefly's 22d Regiment, has been reprefented to me as highly meritorious; I lament to add, that I this gallant Officer is likewife wounded. It is unne , ceffary for me to detail more fully the condo& of in dividuals on a fervice where merit has been, through. out all ranks, fo eminently confpicuons ; but I feel it my duty to draw your Lordlbip's attention to the Cervices rendered by Lieutenant-Colonel HOSSFOILD, commanding the Artillery, to whore profeffional knowledge and aaivity throughout this liege, anal on every other (Keaton, 1 feel infinitely indebted, as well as-to the whole of that corps, for their folioed and unremiued exertions. The officers of the En gineer department, Captain Roasarsoe and Lieut. Serra, have peculiar merit, and are entitled to my bell thanks and approbation. The Corps of Pioneers ender the orders of Captain Stemma, command my warmeft praife, for the chearfulnefs with which they performed their laborious duties, and particu- • larly for the alacrity they difplayed on the night of the 23d intl. Too much credit cannot be bestowed lon Captain Swim-roe, who on this and every former eccafion has been moil zealous and aftive. I am Corry I to add that this excellent officer is feverely wounded, as is Lieutenant FORREST, of the fame corps, whole condo& was equally meritorious. Your Lordfbip will, I am confident, recerve much pleafure in learn i7 the highly exemplary condna of the three corps o Britith cavalry in camp, the whole of whom vo lunteered their Cervices as working parties for the trenches and batteries, and Rated very materially in accelerating our operations againft this place— they have received my fincere thanks for their exer tions, and for a zeal fo honourable to the Britith charaaer. I have the honour to enclofe returns of the killed and wounded during the fiege, and on the night of the affaule, with a return of the captured ordnance, &c. The fugitives, compofed of the Rajah of Short pore's battalions and his gar, iron, with the remainder of Jeswoor Ran HOI.IE/tit's infantry, appeared gene rally to have taken the direction of Bhurtpore. By every information great numbers have derelict', and I do not imagine they will again attempt to oppofe u.. I hull move towards Phurtpore as loon as pot - - fible. Before I conclude this dirpatch, I beg leave to mention to your Lordfhip the very rpirited con dud of Mr. MITCALT, of the Civil Service. He vo • nee icuers have not boa waived. .- w. MEM .[Turn r.vr.