Star. — London, England, 1812-02-10 00:00:00

THE VtrrNl!` , 76 STAII. .000' LONDON. MONDAY, FEBRUARY 10. roc y OF S lOCKS 'I Big DAY •Al' ONE O'CLOCI i ar a Coos. for money TA.ii—DO. for ace. 62f c t 'Woad 62ii-4 per Cent. Tali er • 174.185. ur.—Onnount trib,Bills 6s. Ds. pre.-.-Long Aims. 16; 16ths re f, it the only Office Ala sold a Prize of X 20,000 In Mares, in the last Lottery. THE KING. o e QuitEN's Council met on Saturday last at radsor. There were present the two Archbishops, % Duke of MONTROSE and the Earls of AYLESFORD od wririonsEtt. The Physicians made their re .t, and the Council sat a considerable time in dis rossion. In the beginning of the week the KING was to y, but towards the latter end, he became more 0, 'bough the distraction remains unabated. The following is the Bulletin :- 1 , WINDSOR CASTLE, FEB. 8. MAJESTY appears to be nearly in the same w in which he was the last week." , 4 HALFORD, "J. WILLIS, 66 M. BAILLIE, 66 R. " W. lIEBERDEN, We have this morning received American Papers tee days later than those which arrived on Saturday: r ie y contain an account of the proceedings of the g ee se of Representatives on the Ist of January, ' Li c h we have extracted from Me National Intelligencer ( t he Washington Official Journal) cf January 2d.-- The proceedings of Congress are given in another part of our Paper : in the mean time we select the following articles from the Journal which we have just =tined : I. WASHINGTON, JANUARY Q. "The House of Itt presentatives have gone through the details of the Senate's bill, in which they have muleno material alterations except two. The regi ment of light artillery is converted into ordinary ar . finery; and a proviso is inserted that the officers shall net be commissioned for more than six regiments until a sufficient number of men shall be raised to cal', icr the appointment of a greater number. The ques tion on the passage of the bill to a third reading will probably be debated to-morrow." “ CINCINNATI, (OHIO,) DEC. 18. at Notwithstanding the peaceable aspect of our affairs with the Indians, as stated in Mr. JOUNZON'S communication of November 30, we understand that tktter has been received from Mr. JOHNSON, of a icter date, by General WIIITENIAN, at Yellow-Spring. tating that TECUMSEII had arrived on the Waba,h vith several hundred Indians, in consequence of which k was drafting every fcurth man in his brigade." SAVANN.U4, DEC. 17. "Four shocks of an earthquake have beta sustain ed by our town, and its nLighbourhood, within the last two days. The first commenced yesterday morn ing, between two and three, preceded by a meteoric Bash of light and accompanied with a rattling noise, resembling that of a carriage passing over a paved pathway, and lasted about a minute. A second suc ceeded, almost immediately after, but its continuance was of much shorter duration. A third shock was experienced about eight o'clock in the morning, and another to-day about one. "Persons from White Bluff, (about eight miles from town, southwardly) felt it very sensibly : and se veral who were up at the time, state that the move. meat of the earth made them totter as though they vat on ship-board in a heavy swell of the sea. Those Rho were up at the time, conceived its direction to line been from southwest to northeast. SITRACT OF A LETTER FROM A GENTLEMAN AT MOBILE, DATED Nov. 18. The Court of Spain has given orders to the Go- Vernor of l'ehsacol.., to gi%e up the FlorAas as far as Peruid,). This Le‘rs I received to-clay from Tiltorretpondent at l'ensacolS, dated die 11th ins.. 'hoe also seen several other letters nieuttoi.ing the unt," h.Quebcc Paper states, that 500 square rigged vssels cleared nom that port between the 'Aid of Otxtkr aa,l the 27th of Nuvt.mber last. An Atiliolt MA arm eu t:tis morning. The French lye uccupicd the whale of Swedish Pomerania, and t thuus..lad aiv.aticcd trep Ts have entered Stralsund, vith tt view .to strengthen it: their movemants are regarded at Stockholm as measures of hostility on the Fraixe against Sweden. BERNADOTTE con hues in it gh popularity, and no suspicions what- Her are entertained of his fidelity towards his adopt. eal subjects. A letter from Vienna, dated 16th January, states, clot nntbing had transpired there on the subject of L e n'rciitions between Russia and Turkey. An Order has been issued at Hamburgh for instantly " 1141 4 out the conscripts at the mouth of the Elbe, for ni l f : a lia..isure which may be viewed as indi citiis approaching hostilities in the North. Great numbers (4 dead bodies, from the late ship-' 7 ' 448 in thelialtic, are daily thrown on the coast of lati t"d ; and The King Of DENMARK, with that tri -24411jey Which ever mai acs the character cf the Truly brere,has ordered that they shall be decently interred atteexpence of the State : the bodies of such as are at aaval or military rank, are to be boiled with the customary honours. The body of Commodore AT- I " has been rsznoved from the grave in which it au first buried, and re-interred in the sacristy of the P at4ll church, with all due solemnities. tRBLAvi). COURT OF KING'S BENCH, DOBLIN,'FEB. 4. The conditional orderof attachment against the pro• prietor of the Freeman', Journal, was made absolute, and Mr. Harvey was desired to be forthwith brought to the Bar j as was also the proprietor of the Herald. FEBRUARY 6. MR. KIRWAN'S SENTENCE. This day Thomas Kirwan, Esq. appeared in Court to hear Judgment pronounced : shortly after the Judges had taken their seats, Mr. Justice DAY ad dressed him to the following effect : g , Thomas Kirwan, you have been tried on an in dictment founded upon a Statute, the 33d of the King, commonly called the Convention Act, for having voted and acted at an Election of Delegates, to re present the Roman Catholic Inhabitants of the parish of St. Mary's, in this City, in a General Committee of the Catholics of Ireland. After a patient and dis passionate hearing you have been convicted upon clear, conclusive, and uncontroverted evidence. The persons entrusted with your defence had indeed them selves admitted the fact charged ; for instead of con tradicting or.controverting it, they resorted to three different modes of avoiding a direct issue, namely, Ist, to a challenge of the array, which after a discus sion of two days, had been found to be false and un grounded ; Secondly, to an unavailing and irrelevant cress-examination ; and lastly, to avoiding the merits of the case by resting upon a certain point of variance, which, when reterred to the decision of the twelve Judges, had been without hesitation pronounced per fectly futile and untenable. The act for which you have been found guilty has been declared by the Legislature a high misde meanour ; not because it is contrary to any principles of religion, morality, or justice, but for its political character and tendency. The statute has declared that all representations by delegation are unlawful, for puritere shall afford no cloak to pi otect them from its operation Such is the precaution of the statute, that it proceeds to arrest them in their earliest steps, towards acting in pursuance of their appointment ; and the very publishing ot a notice of their meeting, before any possible knowledge could be had ot their transactions, is pronounced a high midemeanour.— Neither Pretence nor no Pretence Corms an object for consideration ; the construction and constitution of I the meeting is what the Legislature has pointed its attention to, and hot the object or purpose. " It is not, Sir, the province of the Bench to vin dicate the acts of the Legislature ; but it would be easy to shew that no hardship is imposed by this Statute.—lt restrains both Protestants and Catholics, yet by a superabundance of caution it saves the sa cred right of Petition, as established at the Florious I Revolution by the famous Bill of Rights. This all of his Majesty's subjects here enjoy, whether Protes. tants, or Catholics, in the same spirit and purity in which it is enjoyed by the subjects in Engl md. I shall never, for my part, wish to move in a larger sphere of liberty, than that enlightened and brave people are satisfied with. Whether a jealous adherence to old maxims of civil freedom, or an enthusiasm in search of new additions to their rights and privileges, pervaded the whole population of that great and re spectable nation, in their wildest excesses, a conven tion snih as that which had lately agitated this coun try, had never been known amongst them. This species of public assembly is the peculiar growth of Ireland. 44 It is superfluous to point out how much it is in its nature calculated to produce mischief—to overawe the Legislature, and to controul the deliberations of Parliament. Such has been the Convention of 1793, such has been the Volunteer Association of 17t42, and such has been a memorable C. nventinn of an earlier period, which was composed precisely of the same members as the Convention whose acts have lately occupied so much of the public attention, com posed of peers, prelates, and commoners. An assem bly of this description must by an easy and natural transition degenerate from purity of action or inten tion into a perfectly seditious association. lam fully aware of the high honour and public virtue of several characters who had formed members of the late Com mittee. lam persuaded, that if ever they w. uld be betrayed into a violation of the provisions of the con stituti,n, they would err innocently. But it is the nature of man, when he passes the boundary of the law, to forget his legitimate motives, and to launch into excesses from which his head and his heart mould at first recoil. those excesses are not controuled, they soon acgaire command and dominion; all the mis chievc.us and delusive passions rise to the top like :half, while those of intrinsic value and merit sink to the but.om and are lost. Under those impressions the Gov, rnment of this tonntry stepped out to inter lens with the pr .ceedings of the Catholic Committees Their energy and vigilance have not been more lau dable than their moderation and conciliatory exer tions have been praise worthy. When their object had been effected, the Attorney-General had seized an opportunity of indulging the mild impulse of his nature ; and he entered a nal presequi in all the other actions, convinced that the loyalty and obedience of the Catholics of Ireland will bow with respect to the Laws 4 , It is fair to say, that the Roman Catholics did not wilfully violate the provisions of an act upon which, able and virtuous Lawyers had entertained much doubt. The transactions heretofore are therefore consigned to oblivion; but henceforward things must be otherwise. No subject, Protestant or Catholic, can any more violate the Law by inadvertence or from want of knowledge, therefore a transgression must necessarily be visited with rigour and severity. .. tinkutit e !topes that it Will be it/liceibie to the enitre ! kingdom. " The Act shaft resume itt Vigorous operation i it shall awake from its long slumbering and in future remain vigilant; the Catholics will bow to it—they were heretofore only ignorant of its force; Under those impressions; and imitating the mild demeanour of the Attorney-Genera!, the Court means to punish you with only a nominal penalty. " I cannot conclude, Sir, without reprobating in strong terms, some slanderow practicer which you have been guilty of upon your trial, especially the transac tion of the affidavit, with which you had sought to throw an unfounded iniputation on a most respectable gentleman in the jury-box. Having now dischaiged the ditty that devolved on me, I shall pronounce the sentence of the Court, and that is, that you Thomas Kirwan do pay a fine of a Mark, and then be dis charged."—Mr. Kirwan bowed and retired. Lifllf 11V7'ELLIGENCE. EXCHEQUER CHAMBER, FEBRUARY 8. SIR r. BURDETT V. THE SPEAKER. This day the argument on the Writ of Error brought from the Court of King's Bench in this case came on, when Mr. CLIFFORD contended at considerable length, for the four following points : Ist. That there was no necessity for the proceedirgs which had taken place against Sir F. Burdett ; that they were not sup ported in law : and that, although the House might have pro ceeded to expel sir F. Burdett, they bad no power to imprison him during the whole of the Sessions. 9.d. That the Resolution of the House, declaring Sir F. Burdett guilty of a breach of privilege, was not in conformity with the power of the House of Commons. Sd. That the warrant was not executed in conformity with the Order of the House. The Order was, that the Serjeant should arrest Sir F. Burdett, and he s hould have proceeded with his Me.sengers to take him into custody, but bad no power to call in aid a military force; and 4th. That the breaking open the door of Sir F. Burdett's house was unjustifiable, inasmuch as this was a simple process fur con tempt, in which the Kng was no way a party. Mr. RICHARDSON was heard in support of the judg ment of the Court of King's Bench ; and the Court deferred hearing Mr. Clifford in reply till the 18th of April next. COURT OF KING'S BENCH, FEB. 8. DR. POVEY AND THE BISHOP OF LONDON. THE KING V. THE BISHOP OF LONDON, AND THE ARCH BISHOP OF CANTERBURY. At the sitting of the ccurt, this morning, Lord ELLENBOROUGH proceeded to pronounce the judg ment of the Court in this case. His Lordship ob served, that the Court had employed the time which had elapsed between the close of the argument yes terday and this morning, in considering all the cases referred to, and the arguments of Counsel on both sides, and he was then about to deliver the judgment of the Court upon the whole of this case, with the concurrence of the rest of the Bench. His Lord. slip then, having taken a view of all the cases which had been cited on this occasion, said, that in all of them, without exception, the Couit entirely concur red ; but were of opinion, that they did not by any means dispose of the present quzstion. There was no such application as this ever before made to this Court. It was a else entirely depending upon an Act of Pstrliammt which was m ide at the time of the conformity to the Church Establishment, at a time, when the LegislatUre was extremely attentive to, and jealous of, the effect of conflicting cp:ilions on the subject of religion, of which this country had many instances of Cie grelt mischiefs resulting from such conflicting opinions; and this Act of Parlia ment had given in this respect an exclusive dominion to the Bishop over the right of granting licenses —for the right of granting license to preach was suppletory to the ordination of a person in the Church. This Act of Parliament had directed that he should either ap prove or disapprove, and that no other power had dominion over him in that respect, and that his con science alone was to be the object of his guide ; this dilnot require that he should examine witnesses, and if it did, it would be perfectly nugatory in that re. spect, since 4.. e had no power by law to compel the at tendance of any witness whatever • and if witnesses were brought before him, and tendered evidence, he had no means of administering an oath, he was there fore to satisfy his conscience, and in doing this, he had a right to make use of whatever knowledge he might pos-ess; such, for instance, as he might have acquired personally from conversation, from being acquainted with the object of the application at College, from knowing his habits of life or conversation, or from a thou;and other instances, from the delicacy of which, they could not with propriety be disci Ised, but which from their nature, might be fully bind ing on his conscience. Should the Court, therefore, command the Bishop in this case to act as the Man damus would direct him, it would in effect ba say. ing this—" we, this Court, command you, the Bibhop of London, to approve, although you may disapprove —we command you to licence, although in your con , cknce you believe the object applying for it is un worthy of it." Here the Bishop had declared, he re ceived the application of this Reverend Gentleman, that he had heard him, and had examined into the merits 1 of his application, and upon full inquiry and delibe rate consideration, he was conscientiously of opinion, that he was unfit for the office which ke now sought; that he was actuated by no motives but a conscientious discharge of his duty, and therefore had refused him that licence. Supposing the Mandamus had issued, and that the Rev. Prelate had stated, by way of re turn to such Mandamus, the very words which were now to be found in his affidavit in opposition to this rule; such return to such Mandamus would have been perfectly satisfactory to the Court. But much reliance . . 64 Give me leave, Sir, to recommend to the con - si- had been placed on some of the dices found in the deration of the Catholics of Ireland, the sage counsel books, in which it was held, that on the Bishop re of Cie Solicitor General, one of their best ft lends. I turning to such an application as this for licensing a am convinced, with him, that the Catholic Committee schoolmaster, that he vvasnot of sufficientleat ning, that has been the most pernicious enemy that Catholic i this matter of fact might be tried by a Jury► His Emancipation ever saw. It had diverted the public Lordship admitted that such dias was to be found in mind from the great and material question and effec- 1 such books, but he never heard an" instance of their ted no good. Emancipation cannot be legally dis- 1 application, nor did he know how it could possibly be cussed except in Parliament. It is not by trampling applied. Supposing, for instance, that such an issue upon the law that its objects can be etlected. It is as this came to be tried before a Jury, namely, not by intemperance that bigotry can be conciliated;' whether the object of the application to the Bishop it is not by violence that the Legislature can be per- was or was not a person of competent learning for that suaded that the claims of the Catholics are just. The ! office ;+ was it to be taken for granted, that twelve Solicitor General's fascinating display of all that was ' farmers at a country Assizes were competent judges great in the mind, or brilliant in fancy will not be un- I of the literature of such an applicant ? or was it to be availing ; Ido not only not despair that the Catholic taken for granted, that even the Judge himself was Counnitlee will profs - by it, but I entertain the most competent to the duty of instructing the Jury suf&- : • ctently on the frianner in Which they th • ect Such a question ? For the . queStibti would be, Whe . - ther upon a thesis wri ten in Latin; the person apply; ing had proved that he was perfectly Mader of the rules of the grainmar of that dead language ? the very statement of the thing Would be in itself ttici dicrotis for the gravity Which became the tion of justice. His Lordship next took 3 V:ew of the evidence as it had been disclosed on the affidaVitii with respect to the doctrines of Dr. Pover, a's preach= ed before certain congregations, oft the 'subject t f iri Lint baptism ; and his Lordship, upon this point; fell no difficulty in saying, that if the queition WAS to turn on-that paint alone, the wei,,ht of eviderct. wate in favour of the cenclusion drawn by the Reverend Prela.e against the Efactor ; bat this was a matter on which the Court was not tailed upOla to (feud •---..the case itself was d ec i,i ve w i t h out i t . His LOrdsh:il concluded in saying, that should the Court grant ate Mandamus, it would be 'wither more nor lest: thAn an absolute repeal of the very Act by which this ease tvas governed. It *as therefore the decided opinion bf the Court that this Rule ought to be discharged; u .e dischargs.d. The Anne N i.Y.GEN EflA L, on behalf of the; Bishopi immediittely :afterwards se:al, that as this application had been made in then anner which had appeared to have impressed the C , urt, lie trusted Lhe4 Lordships would discharge tl.e Rule with costs. Lord ELLE:NBC/HOU:11 observed, that as this was the first appUzation of the kind, and although the law was clear, yet havi.ag never been pronounced upon a sandhi app:ication, it might be as well per haps not to grant costs ; but if any other such appli cation should be niade hereAter, the Court would consider whether the costs might not be granted to dr:se who might find it necessary to oppose such ap plication: HIGH TREASON. This morning, at ten o'clock, came on, by Special Commission, at the Sessions House in Horsemonger lane, in the Borough, the trial of the twelve men who were taken prisoners at the capture of the Isle of France, and who being subjects of this to dm, were found aiding and assisting the French in the defence of that Island. This case was opened on the part or the Crnwn hT Sir V. Ginis and Mr. GARROW, before Sir ARCHI BALD M.Doigisco and Sir SIMON LE BLANC—TRIT. TEN, Sh:riff, and a Special Jury. The Counsel on the part of the riisoners were Mr. Brum:chum and Mr. Joie;. The Court was crowded to an extreme; and the Trial was going on when this Paper went to press. NAVAL IN FALMOUFH, FEBRUARY 7. A rrive&l the Windsor Castl?, SUTTON, from the Bra zils :at Madeira Sept. 16, sailed 17 ' • Rio Janei r o Oct. 25, sailtd Nov. 17 ; a t. Bahia D::.n. 8, sailed 10 ; found at Rio Janeiro his Majesty's ship FOUDROYANT, Vice-Admiral de Couircv ; LatmesriNus, and Mc- TINE brig—on the Bth November the tt‘o latter sailed; On the 17th November sp• ke his Majesty's sii:p PHIN, from the Cape of G.,:rd Hope; lett at Rie neiro his Majesty's ship FOUDROV ANT, and Princess Elizabeth packet. On the 3d I.)ec. in lat. 16. 16. S. and long. 33.7. W. spoke the American ship Inde pendent, of New-York, from the Isle of May for Monte Video : on the 7th, in lat. 1.^,. 4. S. lung. 37. 58: W. spoke the Portuguese brig Aurora, two days from Bahia, for Gibraltar ; on the Gth January spoke, in lat. 22.18. long. 34. 19. W. the Ann brig, Prost. ERING, from Madeira for New-York, 21 days our.— Also arrived the Flora, YULE, front Oporto, with wines ; and Spartan, FURNELL, als with wine, f rom said pace ; sailed three weeks since, under convoy of a gun brig. PLYMOUTH, FEBRUARY 8. Arrived the TZMERAIRC, 98 guns, from Ports• mouth ; WHITING, 4 guns, fr .m Milford; Nee.. TUNE (2) tender, with new raised men, Ir. m ditto; ELIZA 4.nd JANE tender, from Dublin, with ditto ; the Emu. SPENCER cutter, from Cink ; and the PE. LORDS, 18 guns, from Corunna. Sailed the NONPAREIL, 12 guns, f.r Lisbon ; the PHEASANT, 18, on a cruize; the MERMAID, 32, with the trade under convoy for the Downs; the Lome, 38, on a cruize off Brest; the BULWARK, 74, Captain &coml.', and ARROW, 12, for Rocheforr.—Put back, and sailed again, the l'itzmAxr, 18.—Went out of harbour to the S iund, the ARMIDE, 38, after having undergone a thorough refit. We are sorry to hear that General CRAUFCRDPS wnuni is of a very severe description. The ball en tered his arm and lodged afterwards in his si,!e, fry en whence it had not been extracted at the date of the last accounts. LoRI WILLIAM' Russmt, it is sa 7 d, is appointed Aide-de-Camp to General Gn.►H.lDt; and proceeds immediately to Portugal. Two troops of the 10th Light Dra,Poons are or. dered to Worcester, where one troop df the 7th is on duty. The 2d. battalion of the 59th regiment expect or ders 1 . .. r foreign service. The Pist•Office Clerks, Sorters, and Letter Car. niers, all expect to work double tides this week, in con sey ticuce of VALENTIN/CIS Day felling on Fridaf, and the multitude of Com Missions likely to arrive from all parts of the kingdom, for Tickets and-Shares in so unprecedented a Little Lotter! Scheme, with 0:20,000 Prizes, as that which will be drawn on Tuesday, the 113th instant. Marta-LANs, FLIS. M.—To-day the minis of Wheat make but a short supply, 3:1(1 'ales briskly made, :it an advarte of about 3s. per quarter on Fridsq's prices —Rye II clearer— and Barley likewise—Malt and White Peas soppnit prloes—bet few Beans of either kind, and higher—the s , .pplies of Oats are also short, and salt stn this tradt readily supgui t the late increase in price—Flour folly at the last coot& ion. MARKt. I .—Ftbruary 10. Beef be 24 to 6s V 4 Veal is 041 to tes Od Mutton Si Od to 60 04 Pork is Od to 7s :4 ■?AD ➢r CATTLI TRIS DAV. Beasts, &bait 1940—Sheep and Lambs, 19,550. Ca/ves, 100-IV, 9.10. PRICE OP HAY AND SIRAW IN SMITHFIRLO. Hay 41 Os to 51 Os New Clover 51 Os to 61 Os Nrw Hay Oi Is to 01 01 Straw 21 Os to sl toe the, offi. five ths; °int no - )int. ible. Sin any )rc., ary alt ivn, the to ed, iRg tct le4 eat ig s itt of • Its to In it 11 • - et es tat ;S i 0, ON