Star. — London, England, 1806-11-25 00:00:00

LEEWARD MANI'S MAIL. Thiaday arrived &Mail from the Leeward Mandl, brooght to Falmouth by the Duke of Montrofe pae. ket in twowty-five days trout Tortola. Ay this conveyance we have received the follow. ;mg tettaY • ^ , • • AWfIGUA, OCTOBER as. Od • 'Karr meal boat, with the letters for Great Britain from Trinidad, Tobago, Grenada, and fit. Vincent's, is captured and carried into Guada ktoPe t the mails were funk. di We have a report of the arrival at Barbsdnes of the Paine■ Eau ;sr packet from England, but it wawa confirmation. The Diana, —, from Africa, Is reported to be taken and carried into Guadeloupe." The Callus frigate, Captain Sir r sr, failed from Chatham to the NOT. on the 19th. The hfaassaa gun brig arrived on Saturday to be repaired. inilration to the Commanders of his Majetly's !hips of war and privateers, and to the Judges of the Courts of Admiralty. Given at the Court at Sr. James's, the 14th day of November, 1806, in the 47th year of his bfajllttreS Reign : Whereas we have received fatisfadery ailment-es that our Alp the Zoom at Roan has permitted, and now permits Stela illbiedis to mode in innocent articles, with France and her ABM* Oar tell and plidurs is, sad we do hereby order and mists the Commando, of ear Ship* of war and Privateers, *it Amy do or &1 St and detain the goods of the fubjedts of eme Ally the Imp*, of Rutin, being \mom= article., on stment o.lbOaft And we de further dirett the Judges of oat Aft Coves atAdoitsky, and of our Courts of Vim Ad tairaleir. (*nitwit\ be mink goods, being Innocent arcking, the roporty of Anew Sobjeets, which ball have been, or Stall lie de veins& ou almost of being engaged in a trade with Proves se her ADjM► a Dr lain Ma}cfres Command, (stord) a SPENCER.** Ninths it Aasir Iv Sic/cr.—By the Orion man of vrar the following interefting inforvistion has been received, refpeiting our brave army in Sicily. The letter is dated off Cadiz, Nov. /a, :806 " By the lateft amounts we have received from Sicily, elated Meffina, the t nit of Odtober, we leant, that all the Bridal troops bad been withdrawn front Calabria Ulterior, (excepting sbe gar- Aran of Scylla, which conflits of two hundred men, under the costumed of Major Roliinfoo), together with a ilrong detach- nem of ►is Sicilian Majek's forces, that had recently been fent thither, under the nornmand of MajcmGatcral Adton. The enemy having reorganized their army, by a junetion of all thelefearterad eivirions, and an augmentation to their forces baying joined them from the neighbourhood of Salerno, they have beset enabled to refume an tivanced polition, on the heights of Monteleone. " Previous to the evacuation of Calabria Utteriore by the corn bitted Brit& and Sicilian tromps, Sir John Stuart made a tour though the country, accompanied by a (mall detathment of the mekli Light Dragoons, front St. Euphemia, by Squillace, to R eggio, trilldnit the MlD:rent towns and villages, ambling the Mutueipal • PoWlee, end urging them to anjoiu fyftern, fuhordination, and Illunianity, in the various movements of the mare, while ading 'pipit the ettemy-s-at the fame time to impels open the micas of die people In general, that a relaxation in their oppofition to the , might tend to the entire fubjugatlon of the C a barets. Sir ' Foli n nZobjedt aro was, to make the Calabrians wittily (edible ' orate ready Intention of the Combined Forces in Sicily, to rapport their catkin all emergencies; and to convince them, that althee the viaorious Samos had deemed it political to leave their coun try for the overeat, they ought not to mlfeonftrue this movement on their part, as abandeolog them totally to the rapacity of the Prencb. o The pofitlon of the army In the vicinity of MerSna le better adapted to renew offenfive operations againit the enemy, than any local advantages that could be taken to Calabria Ultalore—as in the latter care they might bh apprired of our Intentions, but new, we daft derive moilJerable benefit from the fecrecy of our pro. peed attacks. • The Preach united forces, colariaing of 12,000 ass, are fald to be egad ender the command of the defeated General Reinter, bet we kart intelligence that Marina had paid them a vile at his brailvartera a Monteleone. As yet they have mown no inclina tion to advance beyond that nation, fearful of a Smiler lefron being taught than to that on the Plains of Maids. • They are not dams of a further proof of the prowcfs of Britons, and while they are within a day's march of thole Plans their retreat I. (mute. The railing of a few traufporta through the Straits of Faro, caeca perpetual difgulet throughout the enemy'. Wm& / 4 Ling In radian of the Cattle of Scylla, which has lately Wilt pat it; an excellent date of defence, we cruder Ferrol the fe of the Straits of Faro, and the tette &orew te c eenesquences of the battle of have net only (Umt ata'l the forego of the enemy to Calabrikblialas likewik tended aitibereafe oar own, as !sop Serifs and Pica. remarkably doe weal, have volanteered to fermi in nor foreign corps, and between Isar Aad five hundred more were daily expra..l to follow their Sir - at Slr John Stuart vru at Malta on the r tth ult. on kis way bane, weenie the departure of the Mediterranean convoy.— Ifs was Lo good health and (piens, although he had not then learnt of the honours conferred on him by his gnat ALTI/Cloll* Sovereign. • 1 he Sep,lition under the commando( General Paget, which fined tram Plymouth, paired the Straits of Gibraltar, on the at of Member, all well . _ . 'rise French and Spanillt *sips in the harbour of Cadia, have Moved further up, to that we do not t.uw taped them to come etre. They were before in a podelon cleft to the mouth of Cadia harbour, ready for a nut. Lord ColHnewood is as vigilant and pa:revering as be is brave; twelve months ha. his thip been at fee, without having once, by any accident, drug; anchor! We arc all in high health and (pink. 41, Sir Thomas Louis, In the Canopus, with the Thunderer, Standard, Active frigate, and Nautilus hoop, left as on the aft, November, it it fuppufed for the Dardanelles. The Twits have, it is Lid. attempted to flop the pafrage of the Ref Gan Drip. du,' the Borphorus-9t Thomas will make it clear to them, in one way or the other, that they are forfaking their tomtit. in provok • log any war with us, or the Ruffians. a Sir John Duel:worth Is fecond in command in the Royal ()Meter the frittadton has been tealy reinforced by the Windfor Gala and RepuNe, and we cape& the Atlas. The Thunderer, S.,pide, Termagant and Gannet, are the rise Isips that go to Eng land. TM Imogene and Serapis, from Spithead, are gone on for Wu. Ihe Hon. Captain Elliott, late of tke Aurora; and Cap tain Pllfokl. who gained his promotion by his brave cochlea M thribattle cif Trafalgar, in the command of the Ajax, goes home In afte Orion, with Major Rives, of the Staff, from Sicily." On Wcdnefday Earl Spinout delivered to his Ma lts...Y. at the Levee, a lilt of about 130 Convifts, now an ,Newgate, ready to be tranfported to Botany Bay, for (even and fourteen years. His tfayarry was gracioutly pleated to approve of the whole of the lift. They are all females except fix. . It is, undoubtedly, a very fpirited and laudable ado in many of our merchant. to have already made rich ventures to Buenos Ayres. It is equally car. fain. in order to avoid the many contingencies of a long voyage, that it is wife and politic to embrace any favourable opportunity of making rich kdven• tures at home. 'I'M (lighten view of the prefent great Lottery Scheme is fofficient to evince, (hat it is a C6Z, a Pete r in itfclf. Yenerday morning, about fix o'clock,aa two watch men? who were Rationed outfide of Newgate, !ter, coming off duty, they unfortunately fell from the top into the Debtor's Yard, and were killed an the fpot : 130, caulk can be aligned how the accident san have hippened. One of them is an old man, and has held the fituatina many years. , turfman INTELLIOINCio *' .1. FALMOUTH. NOVEMBER es. y 1 1 , Arthed this day th e D a k e o f &footfall plait, Drama., in as days from Tortola with the Leeward !fiend Mails ; (he brings no particular news. TS. Prince Erneft packet, with Mails from England, al rived at Barbadoes, after a paffage of s t days. Sailed the American (hip. Hairy, Captain Dar ; and the Ann, BIUD7OIII, with pilchards, for Leghorn. His Majefty's (hips Pomona and To ITIS, from the raft ward, appeared off this port this day, and after taking on board frith provifions, flood off again to the Southward. Wind 8. W. TORBAY, NOV. al. This morning his Majefly's fiiips MOWASCN and FORMIDA6Lt got under way for Plymouth, but were obliged to return on account of the wind blowing fo flrong from the S. W.—Arrived his Majefly s s thip PLUTO; CH ttttt and LIIIITY gun brigs, and Must.' cutter, from a cruise. Remain in Torbay, his Majelly's Blips San Joie, Mars, Prince of Wales, Saint George, Bellerophon, Monarch, Formidable, Pallas, Pluto ; Chcerly and Liberty gnn brigs, and Nimble cutter. PORTSMOUTH, NOVEMBER aa. Arrived the DEVASTATION bomb, from Plymouth. Rear Admiral Moaner will fail for his command (fuppofed to be Buenos Ayres) immediately on the arrival of the Humes and S►IIDY floops, from the Downs. The force he takes with him is, the POLY. maws, 64 (flag fbip . ), Capt. Harwoon; Ara me, 64, Capt. &TATUM tHaawes floop, Capt. &SIAS; S►sear ilflOc i ,Capt. BA MILL; Camel ROtethip,Capt. Joyce; and the Flying Fiat and Olympia fettucine= On Monday a Court Martial was held on Henry Bates, &amen, belonging to the Dtasa ; and on S. Wright, deferter from his Majefly's fhip ENDYM lON. H. Batas was fentenced to receive 100 11010, and S. Wright too.—Wind S. W. DEAL, NOVEMBER se. Arrived the MOKSIITO hoop, INVICIRATI. TUA. ausarr, and SPA ttttt gun brigs, from a cruise off Calais, Sam:suss hoop, and Boos gun brig, from off Onend. Put back the MAGNIFICINT, of 74 guns ; Humes, and CORMORANT hoops of war, the Wind blowing hod from the S. W. Arrived the FANCY and BLAlls gun brig s , from a cruise off Boulogn e Arrived and failed for the River the Lord Nelfcn, AN OVISOM, from Surinam.—Sailed the Agamermln, of 64 guns, for the Note; Mnfquito, Valorous, and Trompeufe (loops, Meteor b'mb, Inveterate, Tur. bulent, Sparkler and Tickler gun brigs, and Arrow (charmer, on a cruise cff Boulogne and Calais ; Sea gull hoop off Oftend.—Wind Well. DOVER, NOV. a& Put in here this morning the brig Experiment, Captain CHAPMAN. of Little Hampton, from Lon• don, bound to &idol, with a cargo of timber, having 101 l her fore top mall, an anchor, and cable, and her huh damaged by running on board a man of war in the late heavy gale. Sailed this morning the brig Romeo, CaptainCoa taw, tor Rotterdam, with a cargo of tobacco, from Norfolk—the has been detained in this port for upwards of two months by the Toe so seer gun brig, Lieutenant Osmax.—Wind S. W. and moderate. NAVAL APPOINTMENTS. Captain NIUMS, U appointed to the Deftncc ; Calfrain Boom- Lair I Captain Nam te ITU M.KtNete,to the Champion; the Hun. Captain Sec uona, promoted to be a Poft Captain, and appointed to the Aurora; Captain CeAwilte, to the Phitomel; Captain Pneciiteciaz, to the Bawer ; Captain Hunger, to the frrno rant ; Captain WUITTtI, to the Sea Felleiblel at Leo; Lieute nant I.LOTD, to the NW* and Lieutenant jAbete to be a Coriander. FROM LLOYD'S I.IST. Nor.ag.-••Pared by his Majetty's fidp Magi. elms., Irma Jamaica; nu, Kitchen, from Petedburgh; She. potent, Lane, from =boa ; VUNIlar, from Bourdeaus That. Liam, and the Levant. ',Addeo, (roman:lrma. Noy. t4—Pared by the Idea, Bette, from Mogadore; He t- Aetta % Cramer, from Madeira ; Thames, MaekleT from Oporto; Ryder, &Widen Marla, Krry; and the Yount; William, Brown, from Charante—Sailed the Lord Ha rb am , Pooh's, for . . Antigua ; Young Richard, J►y, for Cork; aid tle 31041 gam burgh, Ulricks, for Hamburgh. ARRIVED. In Stangate Creek, the Traveller, from Leghorn--At Pods, Jane, Gallop ; and the Cornmerte.Young, from Newfound land—At Teignmoutb, Liberty, Steward, ditio-.-M Liverpool, Sally, Lewis, front Soften, In tS dayr—ln the Clyde, Benton, Spruce. from Trinidad ; Jane, Orr ; and the Aurora, —, from L t Briftol, from Malaga—At Hull, Ye sus, —, from dluo —At Cork, Mary, Cornwall, from ditto—At Waterford, Anna, Painter, from London—At Philadelphia, Corn Planter, Gan, Iniat London; Jupiter, Lihky ; and the Diamond, Manion, Irmo Liverpool-.At New York, Mart, Reid ; and the Chatham, Wltah from Uverpool and the Alesander, Moore, from Loodon—At Ronan, New Gales, Hincildry, from London ; Neutrality. —, from Brad; ; Diana, Holbrook ; Außin ; Robert, ; and she Lary, Inglis, from Liver pool—At Chariciton, Dian+, —, from A fi ka. LOSS OF THE GLASGOW PACKET. , a I. The following are Dome farther particulars refpal ing the lots of this /rad : The Glafgow Packet, .Moses Jon sr srom mailer, failed from Leith on Sunday the 16th int. at five o'clock in the evening, with twenty-one paffengers on board. At two o'clock next morning the (truck upon a busk rock outfide the Fearn Hands, and the water immediately rnfhed in ; feting there was no pollibi lily of faring the fhip, the Captain ordered the boat to b: got out, and two men to get her to the lee bow, to fare the women if poflible, but the wind and tea being fo flrong. they 101 l their bold, and immediately the boat was out of fight ; the (tern boat had been (love ; in pieces. The flop being now full of water, the lea made a fair paffage over her, guns were fired In long as the veffel was above water ;—there being no appearance of any aflillance, every one were obliged to catch the rigging, or any place where ' they could hold themfelves (alt—they continued in this tare till day light, when five of the paffengers were miffing. At this time three Holy Ifland boats appeared, but could not come nearer the ye Tel ! than twenty yards, the lea running fo high, they were called to heave their filhing lines on board, which the Captain Mined mend the paffengers, who then threw themfelves into the lea, and were drawn by the gasmen into their boats. Captain JOlllll7Oll was the left that got off the wreck, except a men, his wife, and child, who could not be got at ; they, however, a little after were got out. Other three paffengers, and ooe of the (hip's fervent' ' were loft after day -light, and before any micro left the (hip I the ref got fate on one of the Mend'. The veffel tensained all day OD the rock. and went to pieces during the night. Only a very (mall pan of the cargo is fared. THEITR4. LA night a nn► Melo Drapta Afterpiece, trail [ dated from the Freneb, by the junior Moms' ; thel mark compnCed by hi► father, intitled—TeirE, or, fle Jaye of Morstgott, was performed at this Theatre 1 The following are the principal DIU MAT'S itIONX : Omni Tekell Mr. ELLTSIVII. Wolf (his friend) M- Douro's. Conrack (the Miller) Mr. WIRIOCUTON. Count Cara& (the General) - Mr. CAMAS. Mezina, the Heroine of Moutgatz Miff Dolma's. Chi-lane . Mrs. BLAND. We collated the following as the ground-wwk of the Rory is King of Hungary, but has been In miferably reduced by a neighbouring Count, (.a rap, that he is difcovered, at the commencement of the Piece, lurking in a starved Rate in a wood, at tended by his friend Wolf, who protefts and conceals him. Some very interelling feenes enfue, in which, by the dexterity, bravery, and enterprife of Ifloy, the King efcapes the RriEt fearches fet on f oo t f or hi m by the Count. At the crifis of his affairs, when his ()...12eets had been fummoned to (offender her caille. eh: Kirg and Wolf appear, and a grand battle enfues, in which the Count is defeated. We were rather pleated with this new entertainment titan otberwife. The author has evinced emifiJerable ingenuity in keeping the audience in furpence and anxiety for the fate of the King, in the feveral elopes he makes, through the fidelity of Wolf, admirably reprefented by Dovrros. _ . The fcenery is of the arft rate clefcription, parti cularly that in the fecond AEI, reprefenting a water and a windmill both in ration. . The murk is lively, and exceedingly pretty. Euxesriia, b1•11411MS. WM:It/CHUM, Mifs Duncan, and Mrs. &AID, be flowed the moil minute atteni ion on their refpetlive charafters. The piece was mull favourably received, and was announced for repetition amida the loud applaufcs of a crowded andicace. GENERAL 'UNCTION. Lin or Members returned, in addition to thofl al• ready given : Comma aaaaa itz.—Sir Willlun Pazooo. IRELAND. Coo nry or T Thomas Knox, I. Stuart, Efq. COONfT or Sitar... Right Hon. Maurice Fitzgerald tad Henry Arthur Herbert, Efq. nowspATßleg...Rdifard S. ltuthren, Rfq. COUNTY Of DONROAL,..SIE J. Stewart tad Dairy Vaughan Brooke, Efq. CARL0W..4013...-- Roblafon. MIDDLFSEX—TWELFTH DAY. The crowd in front of the hulling, yellerday was !treater than on any former day of the Eleftion, and Sir Francis Burdett's was the prevailing colour, both on, and in front of the Millings. On the poll being exhibite.:, the numbers were found to be— William Mai& Efq. . 094 George Byng, Bfg. . 2t33 Bit Francis Burdett . 901 Mr. Brno made his bow, and retired. Sir Fas.ncis BUIDI TT then Repped forward, and addrefed the Meeting nearly to the following effea —Gentlemen, after the very honourable exertion of the independent part of the County this day, in their own and my behalf, I fhould be wanting in gratitude were I not to return you my moft hearty thanks. In doing In, however, I cannot forbear from putting in, 'fur thofe who have thus voluntarily and fponraneouLly, , come forward in my fopport, a claim to that fpecies of independence which is above every fufpicion of undo.: influence. I'his claim, I prefume to think, is no more than what is due to their merits. Acknow-, !edged, as it is, at all hands, and by every perfon who pro cites to be acquainted with the fituation of this country, that we are at this moment in a Rate of un precedented calamity, and that the burdens which a s have to fubmit to are without example, it teems a fubjeft well worthy of enquiry, how we have been brought into thee Iltuation s and who are the perfume to whom blame is imputable for the calamities with which we are loaded. It is a well known principle laid down and alted on by the Magiltrates of this country, that, when a robbery has been committed, the bell way of difeovering the perpetrators of it, i. to look about indict what wrong are flufh of cath at the time, and who kern to have derived benefit from the commit:lion of the grime. This is a principle fa rational, that it is aaed on almoft univerfally in the common concerns of life : and, if beneficial there, fo much the more applicable mutt it be elleemed is one public concerns. I do not think, therefore, that it can be efteemed inapplicable to the prefeot lituation of this country, or &rye as a bad medium through which to difcover the authors of our calamity. If there are perfons who fpring up like mufhrooms, or fungoffes in the midfl of corruption—whodike t.axioes weeds, fpring up in the corners of the building, and fpread their unfavoury knell around—if there are perfons whole profperity increafes with the public ca. lamity ; whole fortunes rife as the Rate of the coun try decays—if any perfon will point out to me Inch men, I fhall point out to him the authors of the coun try's ruin !—(loud applasifes).—When I look at the fpeeches of thole petions already returned as Mem bers to the now-corning Parliament—as for inflance, Mr. Thornton, Mr. Wilberforce, and Mr. Sheridan, who, though they never before agreed in any one thing in all their lives—all concur in informing us of the unprecedented tacrifices we fliall be called on to make ; when 1 fee fanetity and profligacy walking hand in hand ; loyalty and jacobinifm affuciating to gether, and joining in the fame cry; infiekd of calling to my mind the idea of a Brains Houle of Parlia ment, it feems to me to be like the meeting of the Counfellors of lteliobnam, in the Old Teflament, who Paid, "Our predeceffors punifbed the people with whips, but we a ill torment them with fcorpions."— I Ibould be lorry to anticipate evil, but -I am afraid it will be found that t h e little finger of this coming Parliament will bear more heavily on the people than the halt P arliament. the whole body of • Mr. Nlai.Lusu—.' Cent!men, I have merely to thank you frr,he honuur you have dune me this day." The Meeting then adjourned. The Q . yr is has bccn molt gracioatly pleafei to confer her Royal Appointment onWi Lida si at Temple Bar, at CIA idanufallttrer to her MajeQ y. • ST. PIT ERSRORG /I, OCT. 9.—By an Oukaz, dated September 24, his IMPERIAL MAIRSTY has been pleated to appoint SAMUEL G tato, Efq. to alt as Cpnfal General of Ruffia, ifi lieu of A I.szasosa BAXTER, EfeballOM!d to retire on a penfion. LAI, INTELLIGENCE. •••••••• ......1•111... COURT OF kINOI3 BENCH. NOVIIMItIt 14. Tlll IMIS ON THE rstosrcuricw or WATKINS, 11. TM& MAGISTRATES OP PLYMOUTH 1110 C The public are particularly defired to faptud their lodgment relpeeing the merits of this application, until the whole comet before the Court, when it is believed that the Magiarates will jail/ their ever se. TN! RING IP. 011111IlL TIVPIAS PICTON. • Our Readers will ',colic& the trial of the pees* dant for infliCling torture. in the Wand of Trinidad, upon Louifa Calderoni. The trial took place on the 34th of February laft, and anpeared in onr Paper cf the 25111. In the tall term Mr. DALL•B, as Counfel for Gcueral /Mon, had obtained a rule to !hew more why a new trial fhould nor be granted. on the gr ound of the mifreprefent .tion of the contents of a certain book called the Reropilariwe, containing the laws for the Government of the Spanins Well Indies, in the evidence of P-ter Vargo', who had Rated, that it contained nn authority for the infl•Ction of torture.... The queflion whether the new trial fhould be granted, came on this day to be argued. Lord Etc's; solawom read the report of the trial. He laid, he had left it to the jury to lay, whether toe cure was authorized by the law of Old Spain, which he thought they might airtime. If it were the law of Old Spain they would then fay, whether it was autho rized in the Colonies, and though it were the law of Old Spain, it would not Decal:ally follow that it was law in the Spaniel Wen Indies. It appeared from the evidence, that it had not been prattled there be fore the year 'Sot. nor was there any inefirunteat tat that purpofe. That if the Jury %ere of opinion that no habit of infliaing torture (tidal, and that there was no law, nor no pro lice from which to infer the law, they man find the Defendant Guilty. That it might have been a material qnellion afterwards, whether the Defendant came under the prometion of the law by having conformed himfelf to it That if he had no judicial authority to Mitt torture, the illegal introdudion of t h e puniffiment, which he was not intitleti to Millet, would be a criminal offence.--- That it was not neceffary to prove malice, which was an inference of law if the ad was illegal ; anal that the acute of a taillike in the application of the law would be no defence. The Jury found that there was no law for the inlliCling of torture in the Spelt& Wed Indies, and therefore, under the dilation of his Lordlhip, gave a general verdict of Guilty. Mr. Wallow kid, that although he wilted it en be diainelly underflood, that he did not oppofe any indulgence the Court might think fit to grant the Defendant, yet he felt it his duty, as Coonfel for the profccution, to apprize their LordOsips of one dr. curnliance. To fupport the motion for a new trial, General Pißon had thought fit to file affidavits made tinder the diration of the Deputy Governor of the Hand of Trinidad, without any authority from the Court. and not under: the mandato.' formerly goal for the purpofe of taking depofitions. He therefore hoped, that at lean, if the Court did not code* . rejeCt that teflimony, it would allow the Pretereters time to Rawer it. Mr. D wifbed to owe nothing to the fealty of the Counfil for the Crown, though, if neeeffary, he might claim fomethin g f ro m t h e indulgence a the Court. The affidavits to which his Learned Friend had objeded, were made under the following eircumllances, and their Lordfhips would judge if they were not fufficiently authenticated to be receiv ed as evidence. It would be in the recolleftion of thous prefent at the trial, that a book had been pro duced, ayled in the Spaniffi language Reeeisilweisos Leyte, or a collection of the laws for the government of the Spanifh Well Indies, with refped to which Mr. Peter Vargas bad (worn, that it contained nothing authorising the inflidion of torture. This tellimony was literally tree, but fubfiantially falfe: for altho the book certainly contained nothing to warrant the intliaion of torture in itfelf, yet in it was a pail:age , directing, that where that book mo u ld b e fi lent, ref - on fhould be had to the laws of Old Spain. When, therefore, it was beard in Trinidad that General Pidon had been found guilty on the ground of tor ture not being authorised, the Deputy Governor, for his own vindication, having made ale of it, as well as for the jullification of the Defendant, imme diately employed himfeif with feveral Aleaides to make affidavits, formed upon retouch, containing an explication of the laws which regulated the Mend. There were te.tnfmitted, as official documents, to the Secretary of State, and the Court would d ec id e if thefe affidavits, viewed in that light, were not tobe read as an expofition of the law, upon which the De fendant mull be fuppofed to have afted. The Court thought that fuch a certificate could not be received when it appeared to be made for the par pore of the very caufe by tome perfons who-had bees witneffed under the mandamus, and particularly when the parties appeared to be interefied in the deeifion. An affidavit was then offered, (worn in London by the attorney, complaining of tome furprife, in refpeft to the reading of the book called the Recopilacion i in the evidence of Vargas, and that he could not procure a copy previous to the trial, or the defendant would have (hewn that although the Reeopilacion did rat (peak of torture exprefsly as being lawful in the Welt Indies, yet it leas tacitly authorifed by mulling that the law of Old Spain Mould be obferv• ed in all refpefts not otherwife provided for. Vargas bad (worn to the literal truth, that there was nothiog autborifing torture in the Recopilacion ; he had alto farms that torture was held io general abhorrence in Old Spain. The Court, after tome dooluttatiao Paid, that as there appeared to be come difficulty in afeerwriuiag the law,. it might be well to enlarge the Rule, sill a comrrillion fh.uld g,.) to Tiiniclac4 to inquire what was the law with relpee to torture, before the Con. quell by General Abercrombie, aid alto what was the law of Old Spain in that refpeet. • The Rule was, therefore, enlarged for that purpofe. Mr. GAllltnW, alluding to his firll fuggellion, of his ready acquiefcence with what the Court might think right, and fame rery improper infinuations that had beau made againft him out of Court, expreffel bimfelf fatitfied that it would be feen that he hal condu&ed himfelf in this, as io all other profecution% with a defire that every thing lhoild be done for ;be purport of the mon eqnal jullue. [Tian mom .1 i