The British Press; or, Morning Literary Advertiser. — London, England, 1809-05-17 00:00:00

IMPWAL 11041RL1AMENT. noun or LORDS, Tussoair, KAT 16. WRIT OF ERROR. VI . SITE V. TUE KING. . Mr. Clifford uddreased this •Ilouse at considerable length in behalf of Mr. White, the Plaintiff in' error. He contended, that the power mistimed lay the Court of King's Bench to imprison ilili , Wail in a thtleretit county from that in which rile Court sot. at the time of convietten, or from that sa.whicii the offence was committed, exceeded its legal jurisdiction, and was contrary to the princi ples of the English Constitution. If we revErted to that penod of our history, when the power of the Crown was exerts-it in opposition to the liberty of the subject, we should Mid that a particular act of the &di-Chamber. which tended to nowise punish ment, similar to that of the present Plaintiff in error, brought abunt its own dvstruction. It amild be touod, IR the different reigns of Charles 1. James fl. and George I. that the pacer of the Court nf Kill. ' . .1 Bench to imprison in any distant comity had been alluded to-yd. down to the period 1 7 32. considerable doubts had brim tit tertain Iby lawyers on the subject. II a few mo dern cases had been decided by that Court, such es the eases of Mr. Gilbert Wakefield cud' r. Redhead Yorke, yet it might hove happened that poverty et other reasons operated to the preeent ion of their appealing against such utijost exercise of power. Ile next commented upon the jinignient itself, which win 13 worded, that it was Ivry indefi nite how secority should be given be good beha viour. It required securities should Le foui.l for his goad behaviour, for live year—h i t if that se curity could not be found, it did not appear but the inspritionment might he perpetual, which ha trusted the House would criii,iikr CO lit cnry to the kwo of £he land. Under the benign iiillimice o f the reigning Monarch, he had no doubt lint his ch eat would obtain redress, for what might he consi dered a common grievance of the subject. • TheAttorney-General was astonished at the or gutnents which had been adfluccit by the Leariii-a Gentleman. rod could not conceive from a hat mo tive he bad thought roper to addre,s them to the Boum. Such arguments might .erve to he Lin •died about in newspapers, and please the *loin formed and illiterate, but they never could Le at tended to by the present assembly. Ile then very ably and eloquently ',hewed, from du/fel-eta Law Authorities, that the power complained of had at all times been inherent in the King's Beni+, and hundreds of caws could be mentioned which proved it to have been hitherto exerci. - ied without being complained of. The observations made in respect le the enjoined security for good behaviour, were without foundation, and it was evident the Learn- ' ad Gentleman's client could not be confined under the present sentence far a longer period than the years, to commence tifter the expiration of his itn prisonnseitt. . 1 The further preseenlings were r •tponed till Thu radaT, at two o'llick. c The Scotch I.e-.._,1 Militia Bill pivoted through a Committee, tied . wilt reported without any amendment. The diffnviit Bills on the Table were forwarclet in their respective stages, after which the House adjourned. RIME OF COMMONS. There being nuly 36 Members in the Home at 4 •'eleek. and 40 being necessary to fmm a Holum, the Stitaxta adjourned the House till to-morrow. IA MA. MADRAS, DEC. 17. Ihn9. On Wednesday IMA arrived the Jerry, Capt. Sa inte, from the west coast of Sumatra.. elven this arrival we learn, that an enemy's fri gate,Pnpposed to be the Caroline, has made her ap pearance to the eastward ; end, after plundering a number of prows. had proceeded to Padang, and implored the brig Jane, Capt. Bennett, at anchor off that port. A few days after the enemy hove in sight of his Majesty's brig Set:flower, Lieutenant OWEN, who made miry effort, f lowering her boats and towing the brig, together with the Ilse of the sweeps sad bring his stern chasers, to elude the cheer. lint we are ronterntd to say addict... effect, as the *gate ultimately came up and captured the Sea mes. The enemy afterwards raptured the ship Hope, Capt. Coos, with a car g o on Ward, bound to Ben gal. LATE SHIP BOUNTY. As the fate of Christian and his companions was sever ascertained, we are. glitrl of the opportunity at presenting to cur Readers the following iittert M ing article Oil that subject, upon the uutnenticity of which they tons Ms. Eitrret from the Log-hoolt of Captain Folger, of the Americas ship Topaz, of Boston. or yams, cocoa note, hansom end phobias, hogs and poultry in abundance. There are now some grown pp men and women, children of the mutineers, on this island. the whole pripulatioa.siinounting to 35, who aeknowledge 3mitl► att father and co 11111 l snider of them all ; they all speak English,•aud. have been educated by him, Captain Fulgcr represents, in a religious and moral • **ay. The second Mate of the Topaz asserts, that Christian, the ringleader, bee, ttttt insane shortly after their arrivsd on t 11.• lAttutl. Anti threw himself nif the rocks into the s‘a ; another died of a fever, before Ih,• 111 4sFarre took place.. The Island is badly supplied %% itlesvater, sufficient only for the present inhabitants, and no anelimuge. Smith guve to Captain rolger a Chronometer, made by Kendall, which was taken front him by the Cloverttur of J watt Fernandez. WM. FITZMAIMME, Lieut. Ltdncttl Srpt. 40, lens. TEE BRITISH PRESS. (Cory) Valparaiso Oct. In , Ison. Captain FolTer relater, upo n !aiding upon Pit. Island (or liicatiiiition of Quiros), iii lat. 25 deg. 2 trio. long. 130 deg. by lunar observation, he coluil there en Englishinau by the name of MS X. i ill!, the only person remaining of nine, that ieuried in his Majesty's late ship Bounty, Captain Win. Nigh. Smith relates, that after putting Captain Bligh in the boat, Christina, the leader of the mutiny, took the command of the ship, and went to Ow livite, w . • re great port of the crew left the ship, excel t Imissrlf, Smith, and seven others, who each took wives, and six Otaheitsn men as servants, and shortly after arrived at this island, where they ran the ship on short, and broke her tip. This event took phice in she year 1740. About four years after their arrival (a great jealousy existing) the Oiaheitans' secretly resoited, and killed crei) Englishman except himself. whom they severely wounded in the neck with a pistol hall. The same night the widuiri of the deceased Englishmen rose and put to death the whole of the 'Otahelians, leaving Smith the only man alive upon the island, with tight or nine women, and several small chil dren. He, when he ruporerod, applied himself to tilling the grouuJ, so that it now maim, plenty LONDON, wEDN!2:fioAY, m.ty 17. L'ollll , .Yr SIII2ADRON. Intelligence has at length been received respect ing the French squ.vlroa from L'Orient. It aas brom;lit by the Fl awls freelign; packet, which is arrived at Falmouth, with Mails from the Leeward Islands. Tie letters will nut be delivered until this fl.iy, hut the accounts received by Govern ment to the 9th last, on a hich day the packet sailed from Tortods, sta•e, that the French sqiiii.bon made its appearance in the West Indies, on the 25th March, consisting of the Courage/sr, De le and ralaweire, of the, hoe, and the Ita licnue:nul furiesise irigates. The reader a ill recol lect, that this:squadron took no olopartunity to slip out on the arrival of the Brest fleet off I: Orient, in the first week in February last—tad that its destination has beets ever sinew the subject of much conjecture and anxiety, as no account whatever had been rteeived of it. course.—On its passage to the West I I,lies it captured two merchantmen, which, it is suppas .d. informed it of the fall of Martinique, as, instead of proceed ing to that island, for which it now ippears to have been bound, it bore away for the Sainics Island between Goadalotipe and Do:nistica: Go vernment have received dispatches from Admiral COLIMANE to the same e • ect as the above, and which further state, that the gallant Admiral, be ing apprised of arrival of the French, proceed ed tat the 7th instant, with four sail of the line, to the Sainte'', with a view to attack the enemy, but from the great advantage of the situation of the French ship., he found the attempt impracticable. He was therefore under the necessity of merely blockading them for the present, and in the meats time made an application to General &amens at Martinique for troops. He expected that by the loth last, a afifficient force would arrive, and as a landim; could be easily effected, not a doubt remained that the whole of the enemy's s! ! uarlron. with the Islands of the Sainte*, would fall into our hands. Sonte tioops were also expected from Do minica, to join in the expedition. Those persons who, deeply impressed with a con viction of the irresistible force and suciaeis of N A• POLZON's arms in his present attack of Austria, an ticipate with almost moral certainty the destruction of that faindy as imminent, yet admit that there are many reasons for believing, that the issue of the actual contest is more problematical than on any former occasion. . Even the fabrications or pre tended letters. inserted in the a Mowileur," by or der of the French Government, in which they at tempt t" cover the Cabinet of Vienna with ridicule and opprobrium, manifest the necessity under which BONAPARTE is to have recourse to such ex pedients. The successive loss of Cayenne aml of •Martinislae, followed by the partial destruction, disgrace, and flight of his squadron in Basque Roads, cannot tend to exhilarate the public mind in France. It is by no means improbable, as is asserted in the letter dated " Vienna, 18th of March," inserted in the " Muniteur," that the Cor sican may have put& various propositions to the Austrian Government, estealabot to gain time. till lie should have subjected Spain, and driven the English out of Portugal. The offer of sending J E r:one BONAPARTE to reign in the last mentioned country, and of ceding the kingdom of Westplialie to the Grand Duke of WISISTEDURGII, though now denied by BON APART'S. is iv itself highly probable. FERDINAND, who in the revolutions of the last ten years, has been successively Groat Doke of Tus. CART, Prince of SeLlrellußOU, mid finally trans (erred to Wort/burgh in Franconia, is the Empe ror of AUSTRIA'S next brother. Such a propold might be considered as likely to please at Vienna, especially us, in order to render it still more grate ful, the brother of the present young Empress, himself a Prince of the Austrian family, was to succeed his cousin FERDINAND, as Grand Duke of Wuserzavao. Sach a trsus!er, if it bail taken effect, while it conciliated Austria at this critical moment, would have stationed JEROME at Lisbon, its JuFrma is seated at Madrid: dins placing the whale of Holland, Flanders, France, Italy, Spain, and Portugal, with their immense tract of coast, ilisrhours, and resources, on the German and At lantic nouns, as well as along the bleditertonean, is the hands o f she Aar broth's, of Ajectio. kingdom of Westphalia might have been recon (purred and resumed at any time. However conve nient it may now he to •the Maoitea• to treat this negotiation as chimerical; it carries with it very strong walks of probability. Those who regard this court-gi.tette of NAPOLEON, as never deviating widely from truth, have only to peruse" the bril liant affair near Inoiovi," stated to have happened as long ago as the I Ith of March. Falstaff 'll men in green buckram, is quite tame in comparison with the story here commemorated. The scene is laid au the frontiers of Portugal, where. it seems, Sir Iloat:e•r 11 . 1 Lima, with .2000 inruntry of . the line, the Avila battalion of iwsurgents, and 100 cavalry, " were completely defeated by only irro of brother JEamiCii 11'estphalian light horse, win) killed a number with their sa b res, and threw the rest into confusion." This defeat we know to be altogether imaginary. Yet, snch are the art., illusions, and fabrications, by which the continent is terrified and governed. If we wish to see to what a point of abject de gradation and base servility the Corsicusi Despot has reduced the French people, while lie seta, ks and enslaves the German, Spanish, and Italian nations; we may read it in •' the Address of the Causer% ative Senate, in the last month," to their Master. Tumulus could have desired no grosser adulation, nor DOM TI IN have exacted more tame submission, from the Roman Senates of their times ! We know not whether to feel more disgust or more detestation fur en assembly, the pretended repre sentatives of the public voice of the French people, composed in pint of those very men who massacred their Sovereign, proclaimed liberty and equality, abolished even the tunic of royalty ; and who now, within twenty years, lick the dust under the im perial feet of a flagitious adventurer, who has chained down these 1111111i:1C, to the floor. %Veil may the Corsican Emperor trample on a nation thus fitted for blitvery, who tremble at the lush, who demand only a master sufficiently powerful to coerce near-by ; and tile., hating found him in the Pierson of a foreigner, bend their necks to his yoke, suffer themselves to hie conscribed, in order to per petuate and to consolidate his impious power; and are led ny him to theTages, to the Vistula, or to the Da•.o he, as his immeasurable ambition or ferocious passions dictate ! Vet, not a voice is raised, nor a murmur heard, throughout the French empire, against the atrocious, unprovoked, and most per fidious attack of the Spanish kings and people— the allies, the tools, and the victims of a treacherous Indigo. Such is the fkllen state of the Fiench, that they confound moral good and evil, crime and virtue, war and rapine. They applaud and cele brate their Tyrant, •• fur bearing his liberating eagles to the shores of the Tagits;" though they well know that he had no pretext. except *pollu tion, for attacking either Spain or Portugal. They eulogize lain, who, like an angry demon or comet, •' from his horrid hair shakes pestilence and war," as the pacificator of Europe, the restorer of tran quillity to the distracted globe, the TITUS, OF the ANToNINus, of the Hineteenth century ! . They talk to biro of concluding a maritime peace, the eternal object of his desires, and sublime concep tions," though th:•y know that his ships of war are hurncd, or token, or ►tranded ou the shores of France ; and that though he may toy waste, Of desolate, or tyrannize the Continent, lie has no means of even defending his own colonies or coasts from our attacks !—But, to this complexion is the French people conic is ! Truth and false hood are to than the same, mid public bodies can not blush. Should, however, his '• liberating ea gles" meet with any reverses in their present flight, this prostitute Senate will soon recover their per ceptions of right and wrong, of honour and of shame.. Ile talks of cooquering England in Austria;', but he may equally lose Spain and Por tugal in Austria: Not that we anticipate such an event as probable; yet is Boa APAKTS in a critical position, as he well kaiows. IC he :moot rapidly conquer peace," he may yet lie stopped in his triumphant career. Whatever may be the fate of Lord Easems's Bill for preventing the exerci,e of cruelty towards brute animals, and whatever difficulties may siise in the practical application of his principles, if adopted, the Bill itself, and the feelings which have originated it, will always do honour to its initho?, to the age, and we may adil, even to human na ture. Some of the filets stated by Lord Eusitto a, in his speech on Monday evening, excite no less horror than they awaken compassion. Can it be tolerated in such a country a. Great Britain, that receptacles shall be allowed to exist in this metro- polis, where old nod worn out horses are syste matically detained in pm:meted existence and studied torture without sustenance, till the profit' upon their flesh may encourage or enable the owner to give the order for their slaughter ? Flow does such treatment of animals, incapable of fur. ther service, practised in a Christian kingdom, contrast with the mild and humane spirit of the Gnaw ►eligion, which inculcates and carries into action, the . most tender care of those creatures, whom age or Infirmity h.:re inc•.pacitaled for la bour I. It is well known to every person who has visited the East, that at Benue+, at Surat, and at many otitereidacetie EOM, heetkah are ideally endowed and maintained fur the cure or the protee. tiou of animals. It is true, that this edge or prim. tics is grounded in is great degree on the doctrine of the metempsychosis, or transmigration of souk, which pervades, more or less, the whole peninsula of 'Mostar'. But it is confirmed and strengthened by the dictates of general boeranity towards the br:ste creation. We trait that Mk legislature will manifest, On the present occasion, the same enlarged and beneficent sineit, which characterises the in habitants of the Gauges, and the folluWers of Drama ! We lament that differences of opinion on ! olio cal points, convected either with •l'arliatnentar,r Reform, or with Ministerial acts of Corruption and of Malversatiou, should, even for a moment, seem to disunite friends contending under is cointoon banner, for the bests Rights of our Cinistitution. And we lament it the more, as it server to prolony the duration of an Admini,tration, weak, vaecitkt ing, equally destitute of system, or of enlar:reil' views ; feeble abroad, and only exhibiting vigour . at home, when employed in defending a Duke of YORK, or a Lord CASTLERZAOR ! A Miuiritry which, having acquired possession of power, by de ception, hypocrisy, and misrepresentation, retain it by the same little arts and means which originally called then► into office. We consider, neverthe less, the late misunderstanding (shalt we call it ?). between Mr. WIIITOREAD sod Mr. PONSONBY, which took place ou the debate, produced by Mr. hismoucces motion, as a spark accidentally gene rated by the collision of two generous and aerated minds, no sooner kindled than extinguished. It is like the quarrel between BRUTUS a n d Cadistils, which finally cements, instead Of disioniting friends. flow eagerly did the Ministerial Ilenel►ers catch, and how ardently did Mr. CANNING attempt to improve, this opening ! How quickly did they instruct the waits devoted to their seniee, and hoot gladly did thee supple agents otsay their orders to bedaub sir. KINSONBY with their filthy praise, and thence rodeavoor to throw a suspicion upon the purity of his motives. Ministers are fully con scious that their only solid chance for perpetuating their authority is the disunion of their udversaries. We trust, however, that on Mr. Cuawea's Bill. we shall have to felicitate the nation, on the moat perfect harmony of opinion and of action, from every branch of the Opposition. His Majesty's ship Graaptis. of 50 guns. Cept. TA IT, with the Pheenix, Surat Castk, Preston, Anne, and Wexford, from Bengal. have arrired ofr Falmouth. It was believed on Monday evening. at Portsmouth. that they had reached the lie of Wiglit. We stated in a former paper that the French would not suffer the prisanevs taken at Afar. : tinique to land at Qinberen nay. Oar account was correct. They were, by the capitulation, to be exchauged rank for rank, man for man ; but on their arrival at Quiheron, the Governor demurred. and our Officers very properly brought theta away. The Belleisle; the Noses, and several transport. crowded with them, have arrived at Portsmouth. The Lion, with the Lt A DIMON ; CeINSOII, LACK k ; COW, DV N 4 FORD ; and Exeter, MORS.. Tom, from Loudon, arrived at China ou the 47th of September. Prom the forward state of public business in both House*, Ministers expect that Parliament will be able to rise on the loth of June. Amongst the notices which stood for yesterday in the House of Commons, was one for revising Mr. Piu's Bill regulating Public ii;eetings. Dispatches weie received on Monday at the Ad miralty, from Admiral Psttaiii, from the East Indies. The Little Mary, cartel, Captain Brooks, is arrived at Portsmouth from Oporto, which place she lett on the 19th of Aphl, and brings an account . thut the following Ent:hell vessels, viz. A talaata. Battersley ; Mary, Beck; Faintatite, Littdle ; Ammo. Palmer; Phamix, Tomlinson ; Nosh, Bowman ; Lord /kaiak, Anderson ; Progress, Borki ng ; (:harlotte, Watson; Avalon. Thomas ; ✓ehw, Ihy wood ; Unity, Gardner ; Eiimbeth, Queen t'harlos te, ; and Haremoy.,Penson ; lit - rutty laden, except the Charlotte, we►e raptured by the French at Oporto on the 49th of March : tte two latter vessel* are duce lost. Vestenlav, nt two o'clock, Sir DAVID thIIIDAD held a public day at his Olive no the Horse Guards. and gave audicitees to Lunt DYSART. Sir A. CLARKE, (intend BALYtiI:R ) and a number of Mi litnry °livens. Letters from liamburgli all conenr in Malin that it Courier from Beam had brought the ac count of the retreat of the Emperor NseaLLoN. nt consequence of a partial defeat ; and they add, that a whole number of the Ilantbiersh f' rriveridesarts had been burnt by order of the French Plusister. because if contained au account of the *access of the Austrians. Seville Gazettes to the 11c1 lust, contain a Deere* of the Supreme Central Junta. It breathes a detei. mined spirit of resistance to the French,. which we hope to we followed up with corresponding energy of action. This is the e:itical moment, while NA rot tow is in Germany, for the Spaniards to rise on maw, and free themselvis from the presence of the invinlers. The experience of the late teaspaign 'hews what they have te ex pect,ai tit how little is their chance of success, if, neglecting the golden opportunity of his ■bumen. they content themselves with a slog• Kish, languid. and partial system of warfare, until returiiisig ones more to the i'yrtnees, hr earries , with him an itsoienw Imre that most overeluelta their country, and resider all opposition is's+ az. t„,, VIM $1 l'.tla Or IleAi here fans 'anti TL wl.iti • 'trim %ter 4 to-... Lll Nou. *up, Cue% Ma.' Sir F Mr. Mr. d3v. lilt ii' , l.in! 1%1 :11a for 4 rout mitre Nob •trer ship torts yeas TI Von elsr a for ley-s TI FM) ry-o for t *et Nob to ( ens,- her I 'Jill the I CAA' MIA RAI w'::I at C BET the 'l' W• CU turd in t( liver •reel Sou Viet of ti phic coo sou t afill seat 11100 CAI( HAY The Tist , ••n fort) enti di'. The Nell Los