Star. — London, England, 1812-03-25 00:00:00

1 .. e. in . fe tertio the Petition, Because the Petitioner suffered in his c haracter, and Wai precluded from every other :node of • .btaining just►ce. The SPEAKER said, the rule of the House Might a lways he evaded, if a Petition, praying for pecu niary remuneration, could be received, because othtr ocher things were included in it. Lord FOLKSTONE replied, that Sir H. Popham having hoisted a broad pendant on board ►he Diadem, did on kr this Officer to command under him as Cap tain; and it there was any thing illegal in the act, the loss occasioned by it ought to* made good by Sir p o pliam, who committed theillegal act. The pe 6tioner did not now pray for compensation. The SPEAKER said, he would, in such case, pin t i l e question for receiving the petition. Mr. ROSE said, this case had been heard several I dap ver y deliberately before the Privy Council, and m a/rough the case was a very hard one, the decision w as, that Captain King could not share as a Captain. Be bad heard thit Otlicer spoken 'ef in terms of the hi g hest praise ; and he believed him a most merit°. ; nous officer. Therefore there was no occasion for a petition to remove a slur upon his character, f.r there weer was any such slur thrown upon it. Mr. STEPHEN stated the fact to be this. Sir H. Popham had been ordered, when sent out on the re- Pe• ' di , ion to hoist a broad pendant ; that he did so, and in order to entitle him to the rank of a flag offi cer, lie appointed his First Lieutenant (King) to be Captain of his ship. It afterwards appeared that Sir H. Popham had no right to assume the rank of a flag officer, and therefore, though the case of Capt. King was very hard, the Council decided that he had not it legal claim to share as a Captain, the appointment not having been a legal one. Mr. WHITBREAD asked, if there was to be a sufferer in this case, whether it ought not to be the person who had misconducted himself ? Captain .King was, to all intents and purposes, a field officer. Bin because Sir H. Popham had misconducted him sell, he was to take advantage of such misconduct ; and Captain King must be made a victim, tor the purpose of entiching Sir H. Popham. He wished then, to know why a- petition, complaining of such grievances, should be rejected by the House, especially when the petition did nut pray for a sum of money ? Why did not Ministers advise the Crown to do the act ofjnstice now reqyired? The CHANCELI,OR of the EXCHEQUER could not construe this petition in any other light than as requiring pecuniary relief. If the Noble Lord wished to proceed in this question, the proper mode would be, to move for all the papers that could give information upon it. The Privy Council had, after a solemn deliberation, determined that Sir H. Pop ham had lone an illegal act, in making himself * flag officer, and making his Lieutenant a Captain.— The Lieutenant did share as such ; and being only a Lieutenant at the time, he was not entitled by law to share as Captain. He asked, would that House coun tenance an appeal from the decision of the Privy Council, which must be the case if the petition was received. Mr. PONSONBY observed, that if every Petition taight,ln its remote consequences, produce to the Petitioners a remuneration in money, the House must be at a loss how to protect the' rights of the People. Be would, however, recommend to the Noble Lord to withdraw the Petition, arid move for a Copy of captain King's Memorial to the Privy Council. Cap tain King had a claim upon the public, and he hoped as opportunity would be afforded the House to judge of the case. Sir C. POLE said, Captain King, before the af fair in question, had been appointed Captain of the Espoir, and did share prizes as such at the Cape of Good Hope. He, therefore, thought his claim a very !air me. Mr. YORKE admitted the hardship of this case, but said, that Captain King had received what he was legally entitl e d to. He highly respected Captain King as an officer, but he could not consent that the Petition be received, because the relief prayed for could be nothing else than that of having his pecu niary loss made up to him. Sir H. Popham had no power to promote any officer at all. Here was not the least motive, or pretence, for charging the Go vernment with injustice in this case. Lord COCHRANE contended, that this Officer ought to have shared in the rank in which he was serving ; and, by the decision which took place, an injustice was done to the Lieutenants in the expedition. he conceived that the Privy Council had committed a great error in the decision they gave ; and for that reason the House ought to take the question up. Mr. PETER MOORE contended, that the Peti tion did not contain any application for public money. Admiral HARVEY was against receiving the Pe tition, because it 'was an application for public money. Mr. CROKE R was against the Petition. Mr. BASTARD maintained, that, as Captain king had been paid as full Captain, he was entitled to ail emoluments belonging to such rank. It was ease of great hardship and oppression. Lord FOLKESTONE was willing to comply with the hints given hint respecting the Petition. As to Captain King, he repeated his assertion as to the hardship and injustice sustained by that officer, who bad all the responsibility. of a Captain; and therefore %*as entitled to all the advantages. He then proposed to withdraw the motion, and that was done accor tngly. Lord FOLKESTONI then moved for all Memo rials presented by Captain King to his Majesty, &c. respecting the capture of Buenos Ayres. Mr. YORKE would vote against this motion, on 'the . ground of no notice being given, and the Ho us e 1) " 11 $ taken by surprise. Mr. W HITBREAD moved that this debate be adjourned to the Bth of April.—. Ordered. C APTAIN TOMLINSON'S ciisr. Mr. WESTERN called the attention of the House to the prosecution that had been carried on against til:s officer an a ch.r . ge of forgery, and moved for t ° Pies of all the documents connected with that trial, sncluding the indictment, etc. He said his motive in doint; this w as to v i nd i cate the character of as brave and honourabl e an officer as any in the service ; be cause Captain Tondinson had had no other way of removing the stigma thrown upon his character.— lien Mr. Western entered into a history of the case, and s tate d that Captain Tomlinson had done no snore than sign certain papers made out by his officers, for whose conduct be could not be held responsible. He contended that the prosecution was instituted from THE EVENING STAIt LONDON. WEDNESDAY, MARCH 25. LADY-Dar.—.-Holiday at the Exchequer and Bank. THE FRENCH SQUADRON. " PI.YMOUTH, MARCH 43. lea" Sine' akinF Or al r giro. froo acav imi ; Par it. el' F 1 a Oran Ilow" )(1 •••-e PAP' net! lab w Monday last, and states, that on the 14th, in lat. 4. Si 16. N. long. 6. 13. %V. he passed a fleet standing to the S. W. which he took to be the outward-bound East Indiatnen; and at Lloyd's the Indiamen under convoy of the ANTELOPI are supposed to be those seen by the Nvituuts frigate. ar6otts Motivet totter& Capin Tomlinson, who had been appointed to the command of a fleet of tire ships against the French fleet in the Scheldt. It did appear that he had not been supplied with those stores that were absolutely necessary to ensure the success of his enterprise, and the safety of the men tinder his command. He wrote a very strong representation to the Navy Board on _hat subject, and he did believe that that representation had led to that prosecotion ; The ENTREPRENANT schooner has arrived at Ply which followed ;this he could ahnost pledge himself mouth from the Mediterranean, and has been put to prove, if the papers he was about to move for wet e granted, which atone were necessary to enable Captain under quarantine. She brings dispatches from Ad- Tomlinson to justify his conduct. He concluded by miral Sir E. l'etasov. moving for copies of the correspondence, and other j When the ENTREPRENANT called at Gibraltar on documents, upon which the prosecution against Cap- the 21st ult. it was understood that the French were taro 'lsomlinson was founded. Mr. CROKER said, the Hon. Gentleman had' preparing to attack Tariff.' again, with a division of done no more than right to impute neglect and ma- 15,000 men, but the brave garrison was well peva lice to the Navy Board, since, according to his own ' red for them, having been reinforced. statement, without such groynds being laid, the The ENTREPRENANT put into Cadiz on the 23J. fii the would not entertain the present motion. He, General BALLAST EROS, with his division, returned to however, would state to the House, that no delay —no neglect—no malice—had ever been displayed St. Roche on the 20th ult. from the vicinity ot Malaga, on the part of the Navy Board towards Captain where he had an action with the enemy, in which Tomlinson. The Hon. Secretary said, he would • 300 were killed and 80 taken prisoners. state to the House the circumstance which led to his prosecution. Captain Tomlinson had for several years LISBON MAIL. been concerned with Mr. Tanner in a sort of mercan tile dealing and ship.bailding ; Tanner ultimately A Lisbon Mail arrived this morning Active pre became a bankrupt, and demands were made on Cap. parations are making for the siege of Badajoz on the taro Tomlinson. Captain Tomlinson denied having part of the British. On the other hand the French any connexion with Tanner so far back as the time have succeeded in throwing abundance of provisions this demand went. A trial at Guildhall was the consequence ; a document was called for from the into it, but they have no me as of relieving it by re- Navy Board, to prove the connexion so far back as inforcements. The head-quarters of the British have 1795 and a blacksmith was brought up from Dart- been removed to Elvas. mouth, to prove the hand-writing was his ; but, on ; The dispatches from Lord WELLINGTON are dated the document being put into his hand, he denied all at Freynada, on the 26th knowledge of it, and said his name signed to it was ultimo, but they contain no a forgery. This circumstance, thus singularly dis-ne ws • covered, was stated to the Navy Board, and they 4 delivered the document to Mr. Jervis, their legal ad viser, who was ordered to proceed as he thought proper upon it. No other instructions had been given to him by the Navy Board. The Hon. Gentleman then, at considerable length, answered the other points of Mr. Western's speech, and contended that no part of the proceeding against Captain Tomlin- ! son, had originated in malicious motives on the part • of the Navy Board, but that the Board was actuated by motives of public duty. He concluded by op posing the motion. Lord HENNIKtR alluded to the trial, in which the Attorney General had stated, that he had nothing on which to impeach Captain T. who was, therefore, acquitted in the most honourable manner, on a charg , for an offence said to have been committed 15 years before. Captain T. conducted the fire-ships to Wal cheren, and behaved remarkably well, and his recep Lion at home was this prosecution. The Secretary ; the Admiralty had gone into details on the subject, and yet refused the papers asked for, in favour at A gallant and Honourable officer, whose honour and , teelings were wounded, and who had been in 7`2 en gagements fightiog• for his country. (Hear.) Surely there was no Naval Commander in that House who ! could think of refusing him the means of justification. ! A long discussion then took place, in which Mr. Brand, Mr. Wm. Smith, Mr. Whitbread; and bit Francis Burdett, supported the motion ; and Sir J. Thompson, Mr. Robinson, the Chancellor of the Exchequer, and Mr. Yorke opposed it. Mr. WESTERN shortly replied. When the House divided—For the motion 31— Against it 53—Majority 22. COLONEL Ii'MASION. On our re-admission, we found Mr. C. WYNNE on his legs, moving for a copy of the appointment of Colonel AVMahon as Secretary to the Prince Regent. The CHANCELLOR of the EXCHEQUER. said,he was nut aware of ahy opposition there could be to the production ot this document ; but before he gave his assent, he wished to know on what grounds the Hon. Member asked for it Mr. WYNNE observed, if such was 'the Right Honourable Gentleman's wish, he would postpone his motion, and name a thy to-morrova. The.other orders of the Day were then disposed of, and the House adjourned at half past Our. 'The intelligence from Spain conveyed through the medium of the Lisbon papers is gratifying. The new Government at Cadiz gives universal satisfaction, and the various partizans who support the patriotic cause are still actively employed in the field, and the French troops seem to be returning towards F►'ance. The Government has published an extract of Blake's dispatches relative to the fall of Valencia. He en deavours to extenuate his m;sconduct by blaming the unfortunate inhabitants, whose timidity and conster nation, forsooth, were such as to induce him to sub mit to his disgraceful capitulation : it is evident, in short, from the length of his justification, that he is ; ashamed of his conduct. The following are extracts from the Lisbon papers brought by the above mail : " LISBON, MARCH 1 . " Head-quarters were at Freynada on the '26th ult. but if we are to believe reports, they are to be this day at Elvas. Badajos is very strong, and no doubt will make a most vigorous resistance ; but unless a very powerful army comes to its relief, it must sor'n fall. The ordnance, &c. as well as all the army, are in full march for the Alenteio ; two divisions are this day crossing the Tagus at Villa Velba and Abrantes." " LISBON, FEBRUARY 2s. " Letters from the Alentejo, state, that the Trench are collecting in Badajoz all the provisions which they can plunder the country of, and that they are forti fying it as much as possible—desertion still continues. A letter from Portalegre, received by the same cou rier, says, among other thingc, that fifty deserters, with their arms, had entered that city." " The accounts from Cadiz of tlle ISth instant, are very satisfactory. Th:.! new Government has displayed an energy hitherto unknown. Its orders and their effect have been extended from Catalonia to America. They are decisive and promptly executed. Many useful reforms have been made in the Isle of Leon, where the English General, Doyle, so well known to the world by his ardent patriotism in the cause of the Peninsula, is employed in disciplining the Spanish recruits in that island. All the disposa ble Anglo Spanish troops have marched to reinforce General Ballasteros, who is equally vigilant and for tunate in his enterprizes. General O'Donojou has gone to take the command of the troops in Murda, which appear to require organization." " FEBRUARY 29.—1 n the Corunna Diary of the 19th instant, it is officially announced, that Espoz mina attacked, about the end of January, the strong position of the bridge of Lordosa, which he forced, taking 632 prisoners and as much grain 25 loaded 500 beasts, and also three pieces of artillery." Our readers will see by the subjnined letters that the French frigates which escaped from L'Orient have been seen in the direction of Lisbon. We trust, however, that their career will not be of long dura tion. Their main object seems to be the capture of our homeward or outward-bound'lndiamen : w Came in, the NYADIN frigate, from a cruize. On the 14th instant, k lat. 47. long. 6. fell in with five sail of the line and a brig (French), and 111414 so near as to exchange shots with one of them. The NYADSM escaped by superior ANOTHER LETTER, SAME DATE. " VALENCIA DE ALCANTARA, FEW IL " According to the last accounts, the French wbo evacuated the Principality of Asturias have collected in the vicinity of Leon. " Arrived this morning, the NTADEN frigate, Captain WOVEN from the Westward. On the 14th instant, in lat. 47. long. In. she fell in with a French squadron of five sail of the line' and a brig, which chased her, during which three large ships ap peared to windward; tlicy proved to be East-Indiamen. The NTADEN fired guns, and made signals to the Indianian, and they took the alarm. '1 he NTADEN then stood towards the enemy, under a press of sail, with a view of making them believe they were line-of-bottle ships, which bad the effect, as they wore and stood away ; but, the lndlamen having made sail to escape, the enemy hove about and again chased the Reapers, but she escaped by superior sailing. ,4 It is she opinion tithe °Scene( Oh^ frigate that the Inifiamen got clear off..-1 be Namsais did not fall In with a single battle ship, after losing sight of the French squadron, but die patched a brig to warn the squadron of Brest. It was blowing very hard at the time, and but for the NTAIIIIIT the Wench aqua then would have been In the midst of the ladhunen in a few hours." " It appears that General Conpigni is going to command in Majorca, where the legions of Doyle and Whistingham are organizing with the greatest activity. " The French ht Badajoz are greatly afraid of the approaching siege of that place, and are making dis positions which indicate the dread they have been in spired with by the recent catastrophe that has befaaen their arms at Ciudad Rodrigo." L, o JANUARY to. La PIQUE frigate sailed from Portsmouth on the' Ist of March, with five nail of East Indiamen and a whaler. The ANTILLOPt man of war sailed from Portsmouth 10th March, With nine sail of East India. men and two whalers. Captain How.tau, of the Monarch East lidigman arrived at Porumouth on se The enemy continue to * have their head-quarters' is Zafra, occupying the ground from Estremadura to Atalaga, and Valverdis, where 700 Poles of the garrison of BA dajoz art quartered, who lately arrived at Zara. " On the 26th passed through Almonaster from Hnrloa, for Badajoz, a convoy of meal and biscuits ; to-day will enter in Freyenel 800 barrels of meal, likewise proceeding to Badajoz. On the 22c1 the English took another in St. Martha, whscb was also on its way to that tortress." - NATAL ATPLLIGENCL Tonr..A.v, MARCH 23. This meriting, :tb• ut ten o'clock, his Mak•sty's ships Iv Nt.t.4, PICKLE. Setup's, and Lis- Nur, wish the Liti3:n and C:ib:alt.sr convey, got under cig!). At In elve it CAIIIe • n so blow strong at S.E. which picvented tLis yre.ater part of them working hot of the Bay, and th?y were compelled to anc.hor. The gale increased, when the Reward transport, the bugs Ann, Dafney, and Rader, parted and ran for ;the Harbour. 'Those in the Bay ride heavy, and but litte hopes cf the gale abating —They Art now (five o'clock) striking yards and toptnasts. FALMOUTH, MARCH 21. &tiled the CIIANZ sloop of war on a cruise. Put in the Lord Car:vet transporz, with part of the 37th F',u on board. PORTSMOUTH, MARCH '24. Sati:ed the NORTH STAR on a cruize.—Wind E. EAST•I9IIIIA Hotta. Meacti IL—The Court Of DI feet Oft of th. . .li nmed Cemeacy of Mere/wee of Ergland tr• tier 1.. Itsst.t seism, do hereby give nutter, That tam Pays, a reset lag t I e present negotiation with Government for the renevral of do Costs. pany's exclusive Privileges. are now Frisian for the information tithe Propiietors. and oill be rca.iy to be deli , * od *ten Hews to-morrow at noon. Was. 11 AIMS'. Seersbity. ' Several vessels arrived yesterday from various ports in Fiance with cargoes ot silk and such other articles as ate allowed by the licence trade. By one of these we are informed of some serious disturbances which had taken place in Caen and its neighbourhOod : so that even the heavy tyranny of Bounemete cannot press the subjects thereof'so low but that they will sometimes rise in tumult. The high r 7 of provi. e siors is stated as the cause of these escences.--. lOn the 24.1 inst. bread in the town of C.en WAS at so enormous a price per pound, that the inhabitants at large, being unable to purchase it, were determined Ito seize it by violence wherever it could be fund; for Vtich purpose they assembled many thousands strong. .T.ie Mayor had tendered himself obnoxious by defen• ding the shops of the bakers, and by effendi.% ptucection to all the dealers in provisions by means ot the police and mili:ary under his ccntroul. The mob,Lowever, after being rtintoiced from the crorn• y, Lee:tine so ' powerful, that they defied his power, and in a con- !het which took place, put h:m and his party coo. pletcly to the rout. Having catried this pr tot, they next assailed his mansion, which was destroyed and plundered. Some lives were therein lost, and greet mischief done ; but whilst the populace were thus busied in their pursuit of plunder, they were surprised by the arrival of fresh moors, who, . aided by the po. lice, dispersed the rioters, taking many 9f them pd. i 9nners. The next day a Military Commission was instituted, and upwards e f5O of the ringleaders were brought to trial. The result was, that eight of the most dating offenders were condemned to be shot, and their sentence was immediately carried into ea coition ;12 others were consigned to hard labour 1 tor li. ) ears, and between 20 and 30 more were placed 1 jor a term of years under the rye of the police, to *horn they were to present themselves at stated periods. The pursiiit of the squadron from L'Orieat was given up on the morning of the 1I th instant. The bellowing is an Extract from the Log-book of the 'Tarsi eavors, relative to this subject : " On Monday, the 9th la.stant, his Majesty's ship Diana ML in with the Orient squadrou. four sail of the Noe and two frt. pies, betwixt the Penmarks and tithes, dose on a wind at N:E. appartntly bound to Brest. On the 10th, Isis hiakety's ships Trent. ndous and Peet ers fell in edth them on a wind es the Istarboard tack, wind East, Grimm blearing E. N. E.leVell leagues. On Troneedous and Poisthri bearing up, and making ell sail, they bore up also. and set studding mils. dli le,lf-puit 0 Aid. when they hauled to the wind on the temboar.i tack. Traires. !dove tai Poictiers finding thoy sailed much better thandelbenty ' (particularly the Tremendous) generally did, dryad wish aim at three P.M. Ibe enemy bore up and made all mil possible, la close order of battle steed g about N. W. by W. '1 rev:madam and Poicden nen bare up and made nil. " At bur observed two tall of ha. e Alpe In the S.W. dome to the w nd, on the larboard tack: at live observed them tut end I stand towards the enemy. Treniendoes Senior °Nicer made saguals to them of the enemy ' s berg in eight.bearieg N.W.byW. eight or nine miles; also night signals to the suenereldps that the chase was au enemy, and £rrniendous and Pelet:ers asatkeed steering the course which they conceived the uneasy were steer• ing during the night. Ac day-111,1.t they were only seen from the mast-Read; at eleven A.M. lost rshoof them tram partial winds —when last seen steering about N.W. by W. " I here is every reason to suppose they were bound to Stast. ' hut on hest seeing Tremendous and Poietien they bore up. sod when th-y dlscro_red only two sail they hauled their wind, bit on observing several sail coming down before the wend, aim she two strange ships in the d. W. they bore sip in very close order, steering N.W. by W. the wind variable from the N.E. by 1. ter N.H. by N. ' " 'I he vends which cone down before the wind were a der ' voy with his Majesty's ship Hyacluth, which Tretneodues aid Poictiers certainly prevented Whig into the hands or the mensy. " The two ships in the S.W. were bit Majesty's ships Peeves and Diem, but bring too far to leeward to be able to distinguish signals, imagined 'Vermeer:an aid Pointers to be enemies. " Two niche enemy's line of battle ship appeared to sad much worse than the rest, as It appeared they were towed by two others dune/ the night of the loch." We are happy in being able to state, that tranquil lity continues to prevail throughout the town rind immediate neighbourhood of Nottingham a but, on Saturday night, the house of Mr. Topham, of Pent. ridge, in Derbyshire, was entered by a gang of des. ' peradoes, who demolished seven lace and three stock ing frames. It is supposed that he had excited the indignation of the frame-breakers, by his attempting to bring some of them to justice. A man and its wife in that neighbourhood were also very much abused the same night, who are evidences against some persons in Derby. jail, on suspicion of frame breaking : report states, that they well obliged to I promise not to swear against such persons, in order Ito escape destruction. CITY Busastess.—Yesterdey the I.OIID MATOIL 11134 it Comt of Common Council at Guildhall, which was very filly attended. A motion was made, that it be rehrn-d to a Committee of Alders I remand a Commoner from each Ward, to ecnisider of the best method of rendering more effected the servixs of the two reel mons of London Militia, as well for the general defence of the kingdom, as for the local protection of the City, and to report their opinion Thereon to the Cent. An amendment was moved, ' that the same being under the ainsideration of a Committee, and certain points being retested to-Comae!, that they be required to . proceed, and present the same to the Court. The amendnwnt i was carried in the-481.min. Ibe Court subscribed the sum of 'fete to the w:dows and taunt es of the unfortunate men lost in the St. George, Hero, and Defence. lately wrecked on their passage front the 'Salts; as Um to those of the Saldanha, lost on the coast of Ireland. Mat e-i.aer.—Tbli day the market has few arrivals of When. and not much of remaining supplies ; sales sheeted fully Nippon last prices ; some prime old Dantsie about lees. per varier — !Barley in short supply and dearer—White Peas ilkewase—And the same may be observed in Beans of the two nor--•—there is a continuance of elsort atteplies of Oats, the sales made amiotalo CU late L.crcaae in frica-41our a Monday's aih lam,