The National Register. — London, England, 1808-11-13 00:00:00

734 _, 7 • feigned thanks, for the detection of the few hativerteociets he ha's point. dour. This notice is merely for his momentary satisfaction, ; Bodily indisposition,together with multifarirols avocationOife stiotse deprived him of the partial correspondenct be solltita. NAUTICAL INT L;LLIUENCE. A literal Copy of a Letter from a ,%leantan an board illy 4filea, relutivs to the action belseen that ship and Me banish gun boats, su honourable to our gallant Tees. " Ills Majesty's ship Africa, off Copenhagan, Oct. 20, 1808. 4 " 11tr UE.4I: 'WAND, " I offer sincere t hooks to Almighty God, for his infinite merry preservingla my life this day, during a severe action with the Danish gun-boats. We sailed from Corbelling, in Sweden, about a week since, with a convoy under our protection •t• netir 200 MU of merchantmen, for Malmo. Our convoy got into the wished-for port, all, I believe, except one taken, and three on shore, which were burnt by our people, to prevent their falling auto the bands of the Ihtnes. The Africa kept betoeeu the convoy and die Danes, to', cover and protect them. About one o'clock thisday it was quite calm. We saw the Danish guu-boats rowing towards us, to the number of 32 boats: perhaps you do not know, but for your in formation I tell you, when a large ship is becalmed, she is quite untaanageable, * mere 101 on the water, which was our case. The Danes with their oars took the opportunity to come on our quarters and bows, where they knew we were weakest, and en deavoured to rake us. About half-past two o'clock they came within gun-shot of us, and we opened a brisk tire on them, from as many of our guns as we could bring to bear on them. They cautioned advancing, and statioued themselves some on the quar ters, and some on the bows. " These boats have, in a calm, ;ouch superiority over a ship by means of their oars, they can pull round a ship to any three lion, and being•somll, comparatively only like a speck on the water, they are no mark to aim at like a large ship. They amounted, in all, as far as we can learn, to about 190 men, and NS guns, 32's and .12's, with swivels. TO do them justice, they .hewed much courage in coming near us, for our shot went far over them. • ... 66 Their grape-shot could only be likened to showers of stones •r dust thrown into the ship by shovels. The skrecn round m was soon knocked away. entirely, by splinters. A caroidge of powder, of 4tbs. which.l held up over oty head t o 'the man above me, blew up, the lid of the cartridge-box being off, without hurting me. except a slight stroke on the eye. "At half-past eleven, those that remained of the enemy began to pull away from us. lam informed by our people who were no deck, they supposed the Danes suffered extremely by our bre, as they saw several boats sink, and they were picking up the people out of the water. Some had Hot mote than five men left in skein. The darkness of the night finished the business. " At the conclusion we find that we have eight men killed out right, and in wounded molly badly. The total is 61. " Our colours were twice shot away. The enemy sop posing we had struck, buzzard and pulled nearer; we huzzaed and pelted away at them; they drew balk. " Our boats are shot all to pieces, an arm-thest on the poop blown to pieces by their shells; hut thank (iod we beat them off. We suppose their loss in mei, must be three times greater than our's, considering their numbers, and from w hat those on oar decks saw. Those now in the ship, and who were in Lord Nel son's last action at Trafalgar, say, this surpassed it for hard fighting." FXTRACT FROM A LETT ER DATED aESISTANCE, FALMOUTH, NOV. 7. " After a tedious and unpleasant voyage, we have arrived in an English port. 11e quitted Lisbon the 21st September, with Trompeuse sloop of war, and fifty- o ne sail of Transports, wish the 2d division of the French Army on hoard; on the 24th, a severe gale of wind commenced, which lasted with little inter mission, till the 2tith : of course the convoy was very much dispersed, one trausport was totally dismasted, we assisted her to rig jury masts, and sent her back to Lisbon.; some lost fore Rod maim yards and top-masts, and were very much disabled. After a deal of trouble, we succeeded in collecting 25 sail of transports nut of the 51, and after experiencing foul winds and bad o rather -near five weeks, we reached the coast of France, near Rochelle; another gale commenced. and again dispersed' the convoy ; one was lost on the Isle of [the, but fortunately the crew were saved. The Resistance with difficulty beat oft" Share, by setting every stitch of canvas she could carry. On the faith ultimo, we's:nod into Basque looads, and came to anchor Oifttochefle, and loaded the French (intro' LAND SOO liiitqp •ntg NATIAI4AL IttGISTE!tS ~. ~~. .. • Z:44 13, % s herd we had on board ; aftert u e i th be a ton ining aiir to or five seek r it. ,.' ' weiveighed and steered for Q to convoy, which we heard had pot into diaere li t ports a I Pl an Plymouth; but nth: us w e til ' e sto w od i l o P- for this the french Coast; but got very little idtelligenc m.e OF th e ' o th u e t u . t 6 e t a ia c l h l e y og bu i ce . r u ts p i . o . o ft uti n t littg or placer a nd ca m e In anchor rfti the 6th ivittnt, • LAW REPORT, • COURtKING'S OF BENCH, Nov. 1. Monday being the fi rst day of Michaelmas T e rm, th e oar Y d s t re • " Lord Chancellor and Judges came dawn. in the usual state. Having entered the Hall in procession, they proceeded to their respective Churls. • • • WINtElt. V. MILES This was a motion for a new trial. The PlaintitYliron g lii his action a g ainst the Defendant, the late Sheri ff of Nlid dlesex, for a false return of nulls bona to a writ of exert]. tion, upon which the Defendant was to Have levied of the goods of the Duke of Sussex. His Royal highness apartments in Kensington Palace, where there was a sway quantity of furniture, such as a clock, a bed waggon, an old phaeton, and a little scrub policy, worth about to!, These goods the Defendant had at first seized, but con ' ceiving that the Palace at Kensington was priv ileged, h e returned that there were no goods of which to levy. The cause was tried before Lord•Ellenhorough, and under his direction the Jury found a verdict fur the Defendant, upon the ground that Kensington was privileged as being a Royal residence. It appeared upon the trial, that a housekeeper was kept at Kensington, and there were apartments for the Lord Chamberlain. There was a throne there, a state bed, and state apartments, and a guard, but the King had never resided there. The inhabitants of the Palace had apart- Ineuts,Were, merely by the licence of the King, and had no, more interest in the place than servants have .in their master's dwelling-house, or paupers in a poor-house. The attorney'-General, Air. Darrow, and Mr. Comvn, chewed cause against the rule for a new trial, which had been obtained upon the ground, that the King never hav ng resided there, the place was no longer privileged. They now contended, that the privilege of a Palace was not on account of the King's residence, but that being a Palace, and being so kept as a Palace, that the King might come there when he pleased to reside, that it was privileged front the process Of the Court of King's Bedell. They remarked upon the circumstance of ,there being a chaplain and a guard. And they observed, that it would be very indecorous if his Malepity, in his sacred person, were to enter the Palace at ono gate, and the cart of Hut bailiff to go out at the other, with the goods of any of the persons having apartments there. Or if, 'upon - sending upholsterers in to put up furniture, their 'persona should he arrested, and the furnishing of the King's apartments delayed. Mr. Serjeaftt Williams, Mr. Marrvat, and Sir. Barnwell, argued on the other side, and by the former, many ancieut authorities were cited, chiefly out of Lord Coke's 2d insti tute, who, he said, with the rest of the old lawyers, studied the common law out of the ancient Original Records, and, frOrn these authorities, he contended, thit although a Royal Palace may continue to be privileged, notwithstand the occasional absence of the King, yet the pr(vilege being in respect of his residence, and his present• most sacred Majesty not having resided there once in a limg, reign of 48 vears, this was no more privileged as a Palace, than the King's irOuse at Newmarket, which was called a Palace. Mr. Marryaate . ated many of the argument.* with levity, • and said, if a .. chaplain appointed by the Crown would a. to give a rivfltige to the Palace, there are now - t wo dozen 'of mesons at:Whitehall, which is - no longe r pe i v Lege • and if bolding a Court, and dating a T iro Clai n atiou were sufficient to privilege a place from arrest , Mr. house %t Cutinells, from wtich'oue . of - the late Proclamations if I, dated, might become a sawetuary for insolvent debto:s. The Court took time to deliver their opieion, ~ r '•a~~- - ~ j w I r . ~, ~: iI - . , r •