The National Register. — London, England, 1811-11-03 00:00:00

deserving ; low as Lieutenant- Til E Joseph Smith, Midshipman, acting as , manded the 4th division of guns.—Heard as.d ne reply for five seconds. Heard second Yt:g at the I.ittle Belt when the first gun -. a shot or any provocation was given from Commodore fired one gun, then the ;action continued.—Thought the Little Belt ration of the action, and orders to cease list 0, - der to stop firing was rtceived by Commodore R. 's statement confirmed. Henry Dennison, Acting Chaplain.—W Little Belt was 70 or 80 yards dktant. hail, and the reply and the second hail-41 from the Belt, as he felt no jar in the Prep rrovocation had been given by Commodore modore R. confirmed. Michael Roberts, lioatmain.—Was on the forreastle, saw the Lash and heard the guu front the Little Belt, before any shot or provocation had been given from the President. Had not seen the Commodore's account. Richard Carson, Midshipman.—Was on the forecastle and gangsvnys. Commodore R. hailed, and was answered by re peat►ng his words ; secimd hail was answered by a shot. Was looking at the Belt, and saw and heard the gun, before any pro vocation from Commodore Rodgers. Gun from the President is-as followed by the Belt's broadside, as stated by others. Com modore's account confirmed. Matthew C. Perry, Silas Duncan, and John M'Clark, Mid shipmen, gave their evidence to the same effect. Thomas Gamble, second Lieutenant.—Commanded the first diAsion of guns. Commodore R. hailed " Ship ahoy !" Was answered " halloo." Asked " What ship is that ? ' Received his own.words repeated in reply. Hailed again, " What ship is that ?" Then a gun from the Belt. Heard no gun or provocation from the President—swears no gun was fire from his division. Nothing but mond and grape fired atter the action commenced. Commodore's orders as before stated ; wen tiring ceased finally. Belt was in * favourable position for tiring, but another broadside from the Presidenr probably would have sunk her. Saw no colours on the Belt, find rook her for a frigate of 3t or ms guns. No fire on board or sheering off by the President. Statement of Commo dore Rodgers e, , nfirmed. • John Neese, Captain of the first gun.—ln the first filvhdoß the gun-deck, was looking at the Little Belt, and smy.and heard bur first fire. All the other Captains of the guns testified exactly the same as Neese. Lieut. Creighton tes - tiF.ed further, that when the Belt was si lonced the second time, she hatted up towards the Conimodoie, instead of keeping away, as she should have clone to tire at the President, and would have dine it her rudder had been free. Commodore R. expressed much humanity and anxiety to stop the firing. Lieut. C. also testified to the offers of assistance from Coen. R. to the Little Belt the next morning. Here the examination closed, having, as we understand, em bracedevery deck ofticer,as well as captains of guns, now un board the President, who were present during the action. The hours when the chase and action took place, with the courses steered, and some technical sea terms, are omitted, as unessential to the ntaterial objects of the inquiry. LAW .REPORT. COURT OF KING'S BENCH, Nov. 1. tirTiNes AT NISI PRIDS, AT GUILDHALL, REF°RR LORD CHILI? JI;STICR LLLENHDRoUGH Atli) A SPECIAL JURY. LIBEL. THE ltiNG, V. HENRY WHITE, SEN. The following Jury were sworn to try this information:— SPZCIAL JURORS. Mr. Noble, Foreman, Mr. Bowden, Mr. Maim, Mr. Hankie, Mr. Allen, Mr. Danvers, TALESMLN. Mr. Chipp, Mr. Cole, Mr. carpenter, Mr. Leaf, Ma. Hamilton, Mr. Wrigglesford. Mr. Richardson opened the pleadings, by stating, that this was an information, charging the defesidant with printing and publishing a seditious libel, on the ltith of September, Iblo, to which he had pleaded not guilty. The Attorney-General stated, that he had thought it his duty to file a criminal information against the defendant, fur a must tnichievous libel, and one which he should have neglected his. duty in suffering to pass unnoticed. In order to render be Publication intelligible, to the Jury, he would state to them the ciieuza,tatices whicb led to, it. After the splendid achiever mrdal• hrtween • victo stu- out —.....mavus-••••110W much better the soldiers of Buonsparce's army were treated than our own. There was no man, who desired that any thing like order, or security of property, should prevail, but must wish to discourage such Publications as these; and it was im possible not to see that the manifest tendency of them was to excite tiisAtist and disaffection in the minus of the soldiers; and to hold out to them that they were contemned and thought lightly of by those whose duty it was to notice and cherish them. It such a spirit as this were to be disseminated and to gain ground, it was unnecessary to detail the calamitous cunse pie.tices that might ensue. Did the Jury believe that the com mon soldier felt a rankling jealousy in his breast that his Oftri'r should bear the .badge, and not himself personally ? No : he would rather point to it with exultation, aril exclaim, " See how we are honoured! See how our leader in the day of battle carries about him th! trophy which he and we won !" It re mained for the Publisher of this Paper to give the proud testi monial the coottr svhich it is here lalsoureil to take; and to se duce the soldier limn his duty, by endeavuurieg to persuade him that its intention was to disgrace and vilify hitn. Another part of the libel contained the most gross and abusive scandal of his Majesty's Ministers. The Attorney-General did net n'ean to say, that the measures of an Administration might' no!: be discussed with freedant ; he always had been a friend to mice discussions—always ought to be—and always would be: bet they did not justify a man in lavishing abuse upon Mini!. ters, merely because he did not happen to think them fit for their *nations. The Publication before the Court bluntly said, that the character of the present Administration was infamy— that their conduct was held in universal abhorrence—and that their every act was influenced by corruption. Was this keep ing Within the bounds of [`air discussion ? Had it any re semblance to discussion ? It was mere scandal and gem rill slander ; such as must never be permitted to pass with impunity under the honourable colour of fair and free discussion. Upon these grounds the Attorney-General rested his case ; his Lae d ship would pronounce upon the law of it; and would tell them tlpt it was indeed a libel, both as it related to the soldiery and the Administration. (The libel was here read by the Attorney-General. It accused the Administration of general corruption, and characterized it as fatally inefficient—as betraying its imbecile character in its slightest movements—as scuffed at by the rest of mankind—as putting the seal to its character by the corrupt and despotic act in question. The writer knew that it had always been custo mary to bestow the reward on Captains, but maintained that it ought to be extended still farther. ISuonaparte avoided all dis tinctions in his army : there, merit alone ensured reward ; and hence that enthusiasm which prevailed in his service. he ours, the melancholy reverse was tound. The spirit of the lans guage of The Gazette, in which these rewards were announced, was, that the Superior Officer alone was honoured, the brive soldier contemned as below the 'other's Iced, and accordingly refused the same reward.] The Attionley-General concluded by asking the Jury, as men of plain sense, whether the tendency of this paper was not to creat disaffection in the mind of the soldier; and if so, they would hear from authority that it was a I.bel. Ztheara Loaves rose in this stage of the cause, to take hie Lordship's opinion upon his situation. He held a brief fur the defendmit. In the Summer Assizes at York, of the year 1795, in the case of Mr. Redhead Yorke, in which Ws Lordship was Counsel, that Gentleman's adv';catrs were permitted to cross-- examine witnesses, and the defendant himself was hew d in his own deteme. Mr. Lawes requested tor his client the same liberty now. There was a printed report of that case; but as the practice was not familiar to the bar, he thought it right to mention the circumstance to hes Lordship. Lord ELLINbOSOUSII recollected that on that occasion wit ne•ses were examined by Ceunsel for the d. fendant ; but he did slut recollect upon what grounds the indulgence was granted to bin.. His Lordship could persoadly have no objection to it; but he was afraid of its growing into a precedent. His Lord ship was Counsel there, and of course bowed to the direction of the Court. 44 .1 will tell you what, Mr. Law's," said his Lord ship; i• be must mass-examine the witnesses for hiensolf ; but, if THE NATIONAL REGISTER. - 691 . . . .--„Ame r i1 1e r..„ 1 „„,............... Master's Mate.—Com- rnents of ovr army in Spain, at the battles of Itolei:t, Vimiera, ird Commodore R. hail, Talavcr{„ and Corunna,bit, Majesty was pleased to direct, that !coed hail, and was look- out of i vratittide to the British troop s engage d in t h ose v i ctor i es, was fired by her, before medals should he worn by all i t i iieir Officers of a certain rank, cim the President. The in commemoration of their services on those occasions. It was Little Belt thr e e, and invos,,ible that thane medals could be given to all concerned in Belt a frigate. The du- these victories, although all were equally deserving of them ; as before stated.—The their were granted, th e r e f o r e , to Officers as low as Lieutenant- r three different Officers, COUAels inclusive; now the itct of the libel in question was to hold out tote common so 9 . r s that these grants of medals Was on the quarter-deck. were . made in • ores* . tb crea -an odious distinction between Heard Commodore R. them 'and their men.:.to attribute all the merit of the victo- .—then a gun, he thinks T i es to to otheees....anCtO insinuate, that the men were stu- resident, and no gun or I diously passed by with libiglect and contempt. It also held out ore R. Account of Corn- the favourite comparison on those occasions--how much better the soldiers in the ranks of Buonaparte's army were. treated