Star. — London, England, 1802-11-27 00:00:00

THE VYING PATRIOT. u V dukes moriens reminikkur Argos." Aram. Farewell, my Country, to thy blooming plain, The fport and infult of a lawicfs train! Farewell, HILVETIA, to thy citron grdve, Where Defolation's iron Defpots rove! Short hasithis lagging dream of life to flow, Prcfs'd by a burden of relenticfs woe; yet, ere the Spirit diet this fcene of care, struggling, I breathe to thee my dying prayer.— Oft has my bofom felt the labouring figh, Oft too the tar has trembled in mine eye, A. Recollation's bufy train furvey'd Thy tow'ring glories, and thy fplendor fate. Oft has the prefage dole upon my bread, 0 The tyrant Gaul /all rob us of our red ." Too proudly glorying, with a hero's mind, • ! gave the vain illufion to the wind; Bid the dire Phantom fink in endlefs night, Nor threat a land invincible in fight Ah ! little thought I, that Opprefflon's power, Would prove the juftice of that fhadowy hour ! Ah! little did I think, th' He'vetic League, Would fall the dupe of Gallia's bare intrigue; Confederate States, behold their honour fled, And fubjugated bend the fuppliant head ! Not inch our reverend anceftors of old, Phalanx of Champions fowled in Valour's mould! • A race obdurate as their native land, Prompt to repulfe, and eager to command! Had they beheld thine ignominious fate, Their breads had kindled at thy vaffal date, Broke from the filken chains of trembling Peace, And bared the naiads Reel for thy releafe. With them, my Country, is thy greatnefs fled, As tolls the knell of patriot virtue dead! Voconfcious of the darkling gloom/ of night, Dclufwe vifions fport before thy fight, The fyren !polls of lethargy impart, A Mies date of languor o'er thy heart ; Yet, oh! bravare!—The Gaul, a treacherous race, Gteals to thy couch with farreptitious pace— Wake from thy trance !...avert th' impending blow, And Skid thine ollapring from the feeret foe ! 1 1 4'0111 fuck &MCC, alas! thy peados fwerve; Tepid thy valour, and unftrudg thy nerve ! ploodhottads of War, th . c Ernie foe purfue, Deaf to compoiliets, but Cs laughter true ; Stour o'er thy plains, where ruddy Plenty retied, • Where mit thy Peafastry unreftrainA, Saveby thufelaws, the equal Balance gave, The bad to moralise, the good to cave. Cleaned is the feene !—Deilyo?d her wild retreat, The Mountalil-Goddefs quits her troubled fat. With fupple reverence bow thy lofty hills, Tay ant Gareth, as the Tyrant wills ; Prod:rate, thy heroes ea his plesfure wait, Catch at tack nod, as turns the vane of State; Probst" with forc'd difsmdation , kits The fragile teal of temporary blifs! Neff. a 6. ARCIELOCIIVS. On Wednefday evening, the curtains in a bed room in the houfe of Mr. Withey, of Wert-fquare, were difcovered to be on fire. Mrs. Withey, in her attempt to extinguith the flames, was in great danger, her clothes having caught fire ; but the was fortunately rercued by the immediate affillance of her fervants. The fire was extinguithed without doing much mifchief to the houfe. On Thurfday night, or early yefterday morn ing, a barn belonging to Mr. E. Conliable, at Lewifham, in Kent, was broke open, and a quan- 1 tity of wheat in facks Itolen. A cart loaded was feta to pafs through New Crofs Turnpike, between two and three in the morning of Friday, in which, it is funded, the grain was carried off. 'Early in the morning of Wednefday fe'nnight, tie Mill of Thomas Atkinfon, miller, in Bladon- Barn, was dircovered to be on fire, and before any affittance could be procured, the building, a large quantity of corn, and the machinery, were totally deftroyed. The lofs, on a moderate com putation, amounts to 4.001. This misfortune en tirely deprives the unhappy fufferer of the Means of providing for a wife and feven children. A Gentleman who came paffenger in the Lei teller packet from America, arrived at Falmouth , a few days ago, gives the following account of a melancholy accidents:—On Sunday the 24th ult. about midnight, a fire broke out in the houfe of }lr. John Lawler, at Fort Sackville, so miles from Halifax, Nova Scotia, which entirely confumed the fame, with barns, outhoufes, &c. It was dil covered by one of Mr. Lawler's daughters being awoke by the fmoke in her room, on which the alarmed the family, co:trilling oilier mother, fitter, a Mils Watfon, and a black fervant man, who had but jolt time to etre& their efcape through a win dow: five other ptrfons, leagers, in another part of the building, unfortunately perifhed in the flames, •though apprized or their danger by the fervant, who, undauntedly, ventured into tile houfe in the min of the flames for that purple ; but it is fup poled that amida the fmoke and confulion they could not find their way out. All the property nii the premifes was dearoyed. The names of the unfortunate fufferers are—Mr. John Blake, of Halifax, Mr. Edward M•Grith, Mr. John Harris and wife, and Peter Brace, late a foldier in the 7th Regiment of Foot. Mr. Lawler was abfent at t he time, being at Halifax on bufinefs. This morning the Lottery Wheels, under a si,tary efcort, were tak en f rom S omer f et h ou f e t o t r .f '"l'er's ylall, preparatory to the drawing of the' tate Lottery, which begins there on Monday next. i r. NicssoLsom's Tic kets and Shares, that have yep, jufily ce l e b rated for producing Capital P rizes, are on l y to be had at No. t 6, Cos nhill, op t Ile the front gate of the Bank.—Note The it drawn Ticket is zs,oncl. and the Fira-drawn die fourth Day, will alfo be 25,0001* Tile &It drawn Ticket in the State Lottery, to be • TpL in . d _r, a v w : l Monday next, will be entitled to 14 , 1 7 LY n Th oufand Pounds. The fir& drawn },ery was f o ld b y Swirl. and Co. No. t, cu api hl taii s who have alto dared and fold al" " bit alic Ai r November la WCWWW • if N4UTICAL INTELLIGENCE. Fatmouxu, Nov. 54.--.. Arrived late laft evening the King George packet, Yefeombe, in fix days from Lillian : the King George left lying In the Tagus the Walfingham and Prince Adol phus ; the former arrived out in 53 days, and the latterin five : the Walfingham packet was to fail thence on the asth init.— The paffengera by her are Mr. Faber, merchant of Leeds, and Sen. Manoel de Garcia. Arrived alto the Supply, Billard,with hemp, from Peterfburgh for Briftol, with the lots of her fails ; and the Supply, Perry, with powder, &c. from London for St. Michael's, with the loft of her bowfprit. The !hip Harmony from Quebec, (poke the Chip Tar ar from Briftol, on the 56th ult. in the river St. Laurence, out 47 days, all well. Wind then E. by N. Sailed the Hind and Adtive cutters on a cruise ; his Ml jefty's brig Gannett, of iS guns, on a cruise againft the fmug glers; the Betfey fawner, Ley, with codfifh from New foundland for Plymouth; the brig Peggy, Capt. Blyth, with chcefe and earthenware, for Guernfey ; the brig Commerce, Bradford, for London, with wine, &c. laft from Oporto. POIRTSMOOTII, Nov. a6..--Arrived the Alexander, Gow thorpe, from London for Jamaica, having fprung her mainmaft. PLTI4OO7II, Nov. 25.—Arriv d the Johan Smidt, Smith, from Alcona, with lofs of =lomat. DtAL, Nov. z6.—SaUed the Severn man of war, and Driver floop of war, for Sheernefs ; Triton, for the Ealt lndleg Duke of Portland, for the South Seas; and fcveral other outward-bound veffels.—.Wind E. S. E. GRAVZSZNI), Nov. 26.—Palled by the Princefs ..Macy, Greaves, from Bengal; Glow-worm, Knott, from Africa; Thetis, Charniey, from Dominica • Catharine, Coats, from Havre ; Martha, Lew inpon , from Lublin ; St. Patrick, Camp bell, from Belfaft ' • Jane, Callender, from America; Three Brothers, Wiley, from arante ; Mariner, —' from Virgi nia; Prince Edward, Lewis, from Bourdeauz ; Jane, White, from Waterford; Lady Ann, Johnfon, from St. Ander° ; Burchan ; and Irwelinda, F.eri, from Oporto.—Sailed the Francis and Eliza, Cullen, for Jamaica ; and Trois Ands, Daney, for Calais. A a RIVt D—At Waterford, John, Parr, from Maramaehle. At Martinique, William Pitt, Pearfon, from London. At Born fay, Thames, —, Walmer Cattle, arukCanton, from London. At Vigo, John, Fernoul, froM l Newfoundland.. At Leghorn, Leonora, —, from Lilbon. At Virginia, Ex perhnent, Eve, Catherine, Lawrence, Brutus, I3unce, and Pea, Gatt, from Liverpool. In the Downs, the Bruce Grove, Mar man. and the Princefs of Wales, Goodchild, from Granada; Sarah, Lightly, from Jamaica; Glow Worm, Arnott, from the Gold Coact; George, Gibbs, from Cadiz; Irmelinda, Fair, and Efdaile, Burchan, from Oporto. At Clyde, Montezuma, Rofs, from Charlet*. At Baltimore, Alwing, Snow, and the Bet fey, Montgomery. from Liverpool. At Briftol, Harmony, Warrington, from Oporto; Briftol Picket, Jacqnes, from An tigua; Milton Smith, Roberts. from liamburgh; William, Cro.. make, from Cadiz; Copeland, —; and Mike,. Gilbert, floss Newfoundland. In the Downs, the Renewal, Ciomartle, from Barbadoes; Marsha, Lewing.on, from Dublin; Duchers of Cumberland, Todd from Oporto; Speedwell, Brown, from Cadiz; and Three Brothers, Wftey, from Charante. At Portf mouth, William, Goodwin, from Manp. At Cowes, Canton, Minor, from Marietta:. In Yarmouth Roads, Alert, ely, from Malaga; Betfey, Ridley; Jane, Fotheringham ; .and Two Sif ters, Downing, fpm Peta&orgh. At Hull, Magnum Browp, —, from Peterfburgh. At Clyde, jeffe,Allan, from Mal*. At Liverpool, Peace, Weltiake, from Lifbon ; and Mercury, Sellers, from Savannah. At Hoylake, Albion, Reinfdale, from Malaga. Off Dunnofe, Quebec, Bailey, from (Lichee. In Ken mare River, Scalefby fbl , e, Codner, from Hamburgh. At Waterford, Sparrow, IVlorrifon , from Mama. At Cork, En deavour, —, front St. Lucia. At St. Lucia, Margaret, Dick, from Liverpocd. At Oporto, Harmony, Nicholls, from Lon don. At Grenada, Integrity, Gardner, from London. At New York, Betfey, Kelley, from Dover ; Unice, Staiblnk ; and Phil liplburgh, —, from Liverpool LAW INTELLIGENCE. MANDAMUS. Mr. REEDIL moved for a Mandamus to be di reeked to the Aldermen of the Borough of EA Retford, commanding them to proceed to the elec. lion of five Aldermen, Rating the conftitution of the Borough, and that application was made to them in vain, to do fo : that five of the Aldermen were dead, and that unlefs there are others chofen, the Conftitotion of the Borough will be diffolved. —Mdtion granted. THE SADIATH DAY. On a qneftion, in which a party had been ferved with a notice of a proceeding in the Court on a Sunday, it was contended, that the party had waved his oblation to that irregularity, by having acquiefced in fome fubfequent proceedings. On the other fide it was maintained that the ob lation was valid. Mr. Juftice LAWRENCE read a cafe frgm a ma: nufcript note, in which it had been held, in the Court of Coinmon Pleas, that a fervice of a procefs upon contempt. had been waved by the party, by afrenting to fubfequent proceedings, without mak ing oblation in the fi rft inftance. But there was a fubfequent cafe in the Court of King's Bench, in which it was held otherwife. Lord EI.LENBOROUGH.--44 And the laft deter mination appears to me to be the better of the two, for the policy of the Law is, that Sunday !hall not be confidered as an ordinary day, but that it is to be dedicated to the purpofes of Religion ; and that no party ( hall be permitted to confider w hether he will fet afide this objeetion by waving it, or not." The fervice, was, therefore, held to be irregular. THE KING V. J. HILLAKER, GEORGE MARES, JAMES MAY, PHILIP ADWARDS, AND SAMUEL FERRIS. This Ohs a cafe of very great importance to the 'public.--The five Defendants were brought up, in cuftody of the keeper of the gaol of Devizes, and of the keeper of the hook of correaion forthe countyof Wilts. The writ had ifrued on the motion. of Mr. , J k xv Lt., on the ground that their commitment was illegal, and that they ought to be hailed. The return to the writ Rated that the Defen dants had been committed to prifon in Augult lift by two jullices for the county of Wilts. It then fct forth the warrant, from which it appeared that they were charged with having adminiftered un lawful oaths, contrary to the ad paired above five years ago. The terms ufed, however, wire ex tremely vague and untechnical. Lord ELLausoitoocu laid that the commit ment was bad upon the face of it, and that the Prifoners mull be difcharged. Mr. Gisas, for the profecutinn, informed the Court that a certiorari had gone to briny up the depofitions made before the /vlagiftrates. ',the com mitment was bad, he allowed ; but if there depofi tions could have warranted a gond commitment, he contended that the Prifoners mull be remanded. Mr. ERSKINE exprefred doubts of this propo fition ; but Mr. Juftice LAWRENCE declared that it had been fo decided over and over again. , The Clerk of the Crown Office then read the depofitions. The firft was by Robert Vefey. He [wears that. he is a clothworker in the town of 1 Trowbridge. in the county of Wilts : during the L . - 'aR i ", 0,"1". j'"Vg . T:' 'Society of Shearmen, as the other Journeymen refilled to work with him if he refuted. An oath was 'adminiftered to him, by which he bound him felf not to work any longer than they fhould de fire him, and never to difclofe any of their . fecrets. Jonathan Sims, the younger, depofes, that he is a clothier at Trowbridge ; in the beginning of Auguß laft there was a combination among the journeymen clothworkers to raife their wages. On the 9th Thomas Bailey came to his father, and faid, "avhen are we to go to work ?" his father feeming a good deal agitated, Bailey exclaimed, "Be cool, and return a mild anfwir. lam come from the Committee of Shearmen. It will be better for you to do as we with. lam (worn to • carry back your anfwer to the Committee without ddlay." The deponent's rather replied, that as loon as the other clothiers thould content to em ploy the thearmen, and agree to their terms, he would do the fame. Jonathan Sims the elder con firms this statement. Thomas Bailey, who had bten admitted as King's evidence, depofes, that he was a member of the Shearmen's Committee ; he Rood out as long as he could ; but he was at latt compelled to join them ; at firft there was no oath among them; but one day he was fent for by G. Marks—when be came he found the Com mittee fitting at the Crofs Keys ; James May, who allied as Clerk, then adminiftered to him an oath in there words : " You thall he true to every jour. neyman fhearman, and not hurt any of them, nor divulge any of their fecrets, fo help you GOD !" This folemnity being over, he had a ticket given to him, which he was told was the fame with that ufed among the Ihearmen in Yorkthire, and would procure him employment in that part of-the coun try ; he paid one penny for the ticket, and three pence for his articles. He heard that there were Clubs of the fame kind itt all the clothing towns in the North of England. The prifoners, with four others, were prefent when he took the oath. Next came the affidavits of the prifoners. John Hillaker (wears, that on the 2zd July he was at the Crofs Keys in Trowbridge, where he accidentally met come brother journeymen ; they had no other objea but to drink a little beer, and amufe them felves ; they had often fuffered much from having damaged goods given them, inftead of money, as wages. Hearing that T. Bailey, who was in the habit of taking damaged goods from his mafter, was in the houfe, they fent for him and made him promife that he would not do fo any More ; depo nent heard no oath adminiftered to him, nor did he fee him kits the book. His fellow Prifoaers, with three or four others, join in an affidavit, Rating the fame fads about their meeting accidentally to take fome refreth inent, and then calling in T. Bailey to-make him promife that he would no longer take damaged goods from his mafter ; according to them Bailey, of his own accord, took a book and killed it ; no one handed him the book, or defired him to kits it ; none of them knew what book this was ; they never had adminiftered oaths, or belonged to any unlawful combination. Mr: GIBBS contended, that the only queftion was, whether what appeared before the Magif tratesiuttlfied a commitment?. In the cafe of the King v. Horner, Mr. Juftiee Buller had- laid .ie down that this was a fuffierient ground for remand ing the prifoners, and in fuch circumtiances it was mercy to them to do fo. The Court was not now to determine whether there men were guilty of felony, but whether it was fit that they should be put upon their trial? By the 37th Geo. 111. cap. 123, it was enacted, that if any perfon should ad minitter or caufe to be adminiftered,any oath to bind any man to any combination for mutinous or feditious purpofes, or flir a breach of the peace, or 'to become a member of any unlawful fociety, or to obey the orders of any committee, or not to inform and give evidence of what he thould fee, or not to reveal or difcover the fecrets of any unlawful combination or confpiracy, he should be deemed a felon, and fuffer death without benefit of clergy. Any one who confidered the depofitions would fee that there was abundant evidence to go to the Jury, that the prifoners had violated this Act.— The oath was againft revealing the (egrets of the fociety ; it was upon this, and that the prifoners had been aiding and aJjfting, that he retied. Mr. RYDER followed, and from a cafe in z Strange, 1138, contended that the Court could not with propriety bail in this instance. Mr. Easxraa obferved, that he could not with out forrow and furprize hear any thing raid to call in queftion the power of the Colin to bail in the higheft 'crimes. This power by the Conftitution was inherent in the Court, and had often been ex erted molt beneficially for the fubjed. He in (Lanced the late cafe of Capt. Shuttleworth., Lord ELL c BOROUG H. " The Court certainly has that power, and we will never abandon it without abandoning one of our molt valuable privileges." Mr. EIMER, in continuation faid, he was fuch a decided enemy to combinations that he could not fee with indifference the prefent combination among the prifoners now 'landing on the / floor—a fpedacle they were not accustomed to fee in that place. (We believe he alluded to two or three of the prifoners being fattened together . by a light chain.) He allowed that this was a very ufeful At of Parliament ; but he could not agree to the conftrudion that had been put ppon it. It was patted at an awful crifis, when the very exillence of the country was endangered by combinations of a very different kind. Its object was to prevent mutiny and (edition, by preventing the confciences of men being worked upon to bind them to con ceal confpiracies for the overthrow of the State.- 1 Every one who loved the Conflitution mull reve rence fuch a law. But the Legitlature never could have extended provifions fo highly penal to combi nations among journeymen workmen without clearly expreffing their intention. To enter into this combination was only a mifdemeanour ; how then could it be raid that to conceal this combina tion was a capital felony ? Mr. Erskine read the preamble, and argued with uncommon ingenuity that the Ad only extended to feditious meetings, or attempts to (educe his Majesty's tea or land forces. There were difficulties which pretred him in the latter part of the fl atute ; but he could not believe that the Lerigature wens ter /ilium from !77 - "T , - `r - i‘ • Mr. BURROWS maintained fiat the Legitimate, in the preamble of the Ad, had clearly pointed out what were the particular mirchiefs intended to be remedied. It had fpecified the various offence; likely to forward mutiny and fedition ; and had further enaCted," that it (hould be an offence with in the At to admirlifter, or to be affiflant in ad minillering any oath, purporting to bind any per fon to engage in any mutinous or feditious aels ; or any aas tending to dillurb the public peace ; or to obey the command of any body of men, un fanetioned by tli law ; or not to reveal any unlaw ful confederacy ; or not .to difcover the taking of the oath, &c." All thefe additional provifions, he infitled, referred folely to the offences enumerated in the Preamble of the Att, namely mutiny and fedition, and to no other. Mr. JEKYLL truiled the Court would, in the conflruCtion of an Aft fo highly penal, take into its confideration the time of committing, and the objeCt of the offence imputed to the prifoners. —_ It was an ACt made for the purpofe of fuppreffing thoCe unlawful affociati'ons, which had for their ob jeCt the overthrow of the Government, and had no relation whatever to the offence with which the defendants were charged. He allowed that fuck a queftion as this was could not be tried on affida mits ; but the only thing contended for was, that the parties fhould be admitted to bail. He was of opinion the preponderancy of the affidavits in their favour entitled them to that privilege. He com-, mented on the affidavits in fupport of the profe cution, and confidered them as made by perfons who were particept criminit, and therefore liable to fufpicion. • Lord ELLEN BOROUG 11 raid, that if he could bring his mind to entertain any reafonable doubt, as to the conftration of the flatute in queftion, he mould be happy to accede to the application, on the part of the prifoners ; but he could not conceive them .entitled to be bailed for an offence, which he con, fidered as exprefsly within the terms and meaning of the Ad. The Ad, it was true, in its main provifions, was directed againit t he' offences of Mutiny and Sedition, attempted to be furthered by the obligation of an oath to the party engaged in them ; but the fubfequent part of the clan& • clearly embraced a more general fcope. It applied to oaths, adminiftered for the purpofe of promot ing the objets of every illegal affociation. He could only coiled the fenfe of the Ad from the words of it. It declared illegal all affociations tending to difturb the public peace, and then pro hibited the means ufed to bind men's confciences to ad in obedience to perfons engaged in unlawful confederacies, or to refrain from difcovering them. There provifions appeared to him precifely to in clude the cafe in queftion. What was the oath ad, miniftered ? It was to be true to the journeymen ihearmen who were engaged in an illegal combina tion • and not to divulge their fecrets. The object of this was, to keep the whcle body of workmen, in a particular branch of our manufacture, in ter ror. Was not this an illegal Combination ? Ie his opinion it was within the meaning of the Ad of Parliament ; but was a confolation to him, that it the quettion would not be decided by his opinion, in the prefent inftance. If the At ought to receive a narrower conftrudion, the Defendaits would have the benefit of it hereafter, on a metfon in are reft of judgment ; this queftion extended no farther than to the propriety of bailing them. By the af fidavits for the profecution, the corpus deleai was eftablifhed.—The Court had confidered the affida vits on the other fide, and had been actuated by its defire of conftruing ;hem in favour of the liberty of the prifoners.—lt was the duty of the Court, as guardian of the liberty of the fubje&, to endeavour to put a favourable conftruetion on ads imputed as offences, and to give the parties implicated the full benefit of fuch conftruCtion ; but when a real cafe was made out, and fads were brought within the fcope and object of an Mt of Parliament, it was equally the duty of the Court to refufe its interfe. rence. Upon this cafe he had no reafonable doubt, and he was clear the prifoners were not entitled to be bailed. Sir N. GROSS obferved, that fomething had been thrown out refpeding the power of the Court to bail or remand the prifoners. In all cafes this Court had power to bail, even for murder. It had lately exercifed that power, in the cafe of Mr. Shuttleworth, accufed of murder. The quellion here was, whether the offence was within the Ad . of Parliament ? The Learned Counfel, Mr. Erikine, had acknowledged he was mired by the latter part of the clank' : he did not wonder at it, for its fenfe and meaning was clear. It was not in his power to fay, that adminiftering an oath, not to reveal an unlawful confederacy, was not within the ad. There would be more than one opportunity of dif. culling this point : There might be a motion in arreft of judgment, or a cafe made for the opinion of all the Judges. He was perfuaded, that if any Gentleman at the bar hereafter fuggefted a doubt, that the Court would acquiefce in any mode re commended for deciding upon it. At prefent he was convinced the combination, in furtherance of which the oath was adminiftered, was illegal ; and therefore within the aft. His Lordfhip declined commenting on the fads of the cafe, that the par ties might not be prejudiced by the ftatement of his obfervations in the Newfpapers. Sir S. LAWRENCE thought the prifoners were not entitled to be bailed. It was true, the preamble of the Ad referred only to the offences of Mutiny and Sedition, but it was not an unufual thing for Ads of Parliament to go beyond the preamble in its enacting claufes. The firft part of this Ad was confined to Mutiny and Sedition, but the latter part was general. There could not be any confe deracy which was more illegal, or which it was more important to check, than one which militated againft the exiftence of fo,important a branch of the trade of the country as its wool.flaple. Sir SIMON LE BLANC faid, that in cafes of this kind, where there was any reafonable doubt, the Court clearly had a right to bail. Without faying whether die fads would be hereafter found appk cable to the charge, he thought there was fufficient, upon,the face of them, to bring the offence within the At of Parliament ; he was therefore of opi nion, the yrifoners ought to be remanded.