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L.4IV INTELLIGENCE. VICECH ANC BLLOR'S COURT, 1.1 Cof.s's is !I, WZMINPDAY, DtCrllllllM 9. THE RECTORIAL TITHES OF THE PARISH OF S DUNSTAN-IN.TII LIT LIT. 'AMMO b. ABRAM. SAYS e. wittre. Mr. WIIITIICUELL stated, this was a bill filed by the Plaintiff against the Defendants, sonic of the inhabitants of the. Parish of St, Dunstan, in the City of Lund th e which it involved was, whether the I.lv-li,ctor, or his Spi, 111141 Pica s, was entitled to restive the llthr4 of the The Defendant Abram held a house in the which was within the City of London, which at lon the site where the Devil's Tilllefll formerly shim!, hut ou which five houses are now erected. The Defend sat Abram had, ever since the year 1812, resisted the tithes, on the ground that none were beyond the sum of sat 13% 41. which tmantled and paid from the year 1625 16018. The Learned Conmet, on behalf 'tiff, the Lay-Rector, contended that he to the tithes. He was, httivvver, at a rive what would he the defence set up, Defendants were prepared to iln w that been trausferre.l front the Rector 'eared entraurdi vary that tlw the Vicar of the pariah. did eel, frit he could not perceive argued with that of the Mita. to the of the r •—• rr."""' avid, he appeared m Counsel for the 'to meld trot perceive how it wee se. Briillitt hie ease from that of the stas He teleld pralucr the stratagem pos. hew that the Ltysßeetur was el.titied priasiao of 101 prr annum, and hut to sod this he wools' prove from the dred opriate.l the parish hurt,' tlw Abbey 6 in the catgut, of iturthwerwri4wl and of Durham. lour the Nttg•CllA NCELLOR.•" Have iiirooF, Mr. Wetherell, to thew that a Wore 164 r ef pa the Nome side as Mre lad evidence which went .The original sum paid by of Alutviek, w3s 181. per pot of the parishioners. it elly ; and on the suppres. it fell into the hands of vested in the Crown arrangement ", a year was nt he better. case, whit* I; bus. at ISM herd to 101. and Ile the ' riends He stated diet it was ; ease cl i an its every point of view. 4, hat its being an appro _ is e dad to the whole rates I I. atid, on the other hand, it i Irsosio, that Ste being an en. per banana in the Lay e cane was interesting, , to vave the time of the ), some teems. which ALite. the bowls %I which also was or r Eiward the Third. _t to take soy notice of 1361, al it was out essential to ir the Crown gave the Rectory twiCk, es en appropriation to ive.dete of the appropriation brunt. In the 9th year of th e Second, sod on the 30th e Monarch granted a license of a of the Rectory ; and by the terms t ems covenanted, that the Abbot Albeilakef the Abbey should hose the cure re rly served by at'stion of their own Monastery, r a secularpriest. It was necessary to mention fur the purpose of showing that at thut time no wasent had been made for tither a rector or • The persou then who was to serve the cure Ir Dunstan's was not appointed perpetual cu tout was liable to be reamed at pleasitre; 'fees .ht was metier a perpetual rector nor vicar. t iF ib a priest •osect for the time bring. The regale • took place respecting the *p ristine the yew 1391, which was- in the history of state it brig ? " J 1 1. 11. an Act passed, which nous a vicarage should he fishes no had them. In the fourth year of the reign of • ' kteitiflif. lye! Ifril .0 years subsequent • '''‘"itelflie, • ,of Richard 11. an Act ... ' . Pagowl• the 1 r Wm of which states, that the ; '• , ' statute of Richard If. hod been by no means duly . . . observe 4, yid ant ',way abuses had crept into the iii thinisgetailatit• of iiiislier, by the negligence of 49,110satrietiond directed that a general provision for all vicarages annexed, tail. , . .. . • • to the abbeys, by a secular priest i 'i . ' ' y , .. • to I 4 perpetual cure of such f. ..:, a '' .. ' ' ••tne •CV en to have II comfortable tt , stin . ' am.: . adequate elid,minent.-- '• Le Its '°. bi. Di..i1it361 . 4 at this time was nut tuliewet I t he contended that the endowment took .te Coon after, Thu first documeitt on that rtsli . ‘vi. the lortitution of John Honor, in 4 ' ••, was then inducted in to th e livi ng sasthe ,:" A :! .t vow, the effect of which unquestion 1. ?-. tr t ; wel dub .he —.IS endowed to be the clergy- Vi t l'kfait th vitmage. The neat question to he , •tor-iderril bas the nature of the endowment which 'se takenitce on tl.e vicarage being estohlislittl. 'rite iiellaal hmitruoieut of the elutoisinesit could not ''e . 11 6 1ted• alisd these-fore the moors Of it must Ire uteri from the earthict between the parties. tile . tile bring hie.; in 1 *session, mid founding Ins . .sr• „ 4 cistiras ou teat,, and the other tryinZ to get 1105.. r . 041 * lie , :uotesitl.ed that the /01. per annum 1 i•tl •:,..t toe Rat:tor was entitled to, which he IFUtikt 14..%' V the documents. lt! 'e Vice- ititithitaoa—.l I thiuk, Mr. Rift. . Iv it low! i , ettli tadilligisltie the further ar„.risment iii this 1 ' ItilK 111 t..- morrow tit irniiig ; in the nieitii time I trial (eq.: ohity:,.. l l I • die Coun•el nn both Hiles, to • • 44 ' 4 ' 6 " , whelli!csit,er the ileci-ion of the Iltm•e . • of L4 'i ''' a 'WNW ime. it its po , sultle fur me to Og ~le t ILI .. Cr 4 141. 1 411 case, without my directing %%isms, in, a .I.cry, to try allether the right is iu N~. . itai to ,_~ ;~ . i the Rector or the Vicar, and for the Judge who 11 in re'iiity the directing men. Burke acted as tries, it, to 'Morse ou their verdict any special cir- 'Mister mild they arrived at Guernsey, ai•d curnatatices that may arise." Afterwards Welsh appeared as Captain. Oa Further consideration to-morrow (this day.) elw gall) of June, they bulled from Guernsey— • and, on the With, came into Dartmouth, where COURT OF KINGS BENCH, Wrens:mitre, • Burke lauded mad went to London. He employed • Wyttea st r at , D EMISTS 9. I • self, sink in London, it would appear, in iecon • rnig vessels destined to bill for French ports, Terns, befiire Chief tender British license., in order that he might know Sittiuzs after Mich ae l", Justice Aello TT an d a Spec i a l J ury. them again when hr met them at s ew . ‘l'heis he returned to Dartmouth. he paved the debt incurred on account of the vessel, by bilk on the house of F renc h and C o , After a dried of the circuit). stances attending the capture of the Carlotta, the Learned Counsel proceeded to state, that he would falsify, by evidence, the affidavits sworn in the Adam-ally Court here, relative to that vessel, by Mr. A. B. French, Mr. Berke, and Nj r. w t .h.h„ He would prove, although they diselciened any properly in the Saw Jens Bap. that they had a complete interest in her—that the house of French and Co. discharged all the exswisses incurred by her repair, Sec.—that Mr, Burke weut to Spain for the purpose of procuring a decree or condemnation in this Admiralty Court I,f Ferrol, egotist the Car/ntio, which had been fraudulently cap.ured, the espeibres of which spoil. cation, esisell .. as those atte,slim .the ,snit M the iddffatl Court here, relative tb that vessel. were defrosted by French and Co.—and that Welsh, whn swore he acted oily as Calome l for two suroalls, for which he was to be paid 50/. per enorith, had held the' sduatim for raght this, long after the Pitt was slid to have beet% sold, for which p-rind he vt, Itel was ultimately paid by French and Co. I • 1315 French and CO. filed—and one of their •SI elliarfildll of the name of CI t , ke. in cx g their polwro, found n clue %loch led to the desehy—osesit of the whole conspiracy. . Bitike !say 1,4 il.m Ati.irtl of the essigoee, Mr. Clarke, en h !swore of mimes., was re Moiled of .he large a ns ,as lie himself owed to the estate, soil it was . stimat,A ti, hen that he ought to be held to Root, that Mr. Clarke cowid not hold :) id, for Fvessels and Company were joined eats aim la the adventure which had created tto /V hit. On niopectiog the books it was found, that isiosigh, in the latter part, the account was a debit to Mr. Bork., the origin of it was d, biie,l " adventure per fief"—and it was tout transferred to Burke's name till July, 1813, when the vessel wit lying at Guernsey. The account heron " Adventure per Pitt it-Sths Augusline tingle Frencli-2-slhs Mr. Burke-1-sth Lore. gayta." Thus toll %stolid be found debiting adventure per Pitt. at the very time when the tweed was described its belonging to Spanish owners, and when they had, by laajitry, procured a Spanish feller of marque. 'indeed of having received any thing for the vessel. it would but rosin] that a draft for 4001. was given to -IMersendez—a second for 3201. ta Arcarbas.—sud a third for 5001. to Leregayta. Th 4 trete' all drpwa ea French and Co. and mire debited ander the head " Ad. -*wee per Pitt, These draughts were amid to - - cote of wool CONSPIRACY. THE ZINC V. NATHANIEL. BOOLE FRENCH (dr ceased). AUGUSTINE BOOLE FRENCH. JOHN FRENCH BURKE, MATTHEW WELSH, JOSE •NTO. ND/ DE LA LOZAN, and BARTON. Mr. Bot.LAND opened the 'sledding*. This was en indictment against the Delendmitta for a cots llHrdil's Suter the hill war inund Nathaniel Bogle French had died—Luz is and auto'. did not ap pear—Aso' the other parties had pleaded Not (rti ly, which was the 'ague the Jury were to try. Mr. GURNEY said, it was hits duty to lay before the Jury the filets which would be proved in evo deuce ag unst the several Defendants included in the indictment. They had been apprised that it wits a case of conspiracy—and it certat• ly was o peculiar in its cohnir—new in the history of Courts. of Justice--extremely ingestious in its formasjsm-... on its object moat atrocious—and carried into exe cution by ine.•toi es it lets atrocisms than its object was base. Th, case arose out of the re , y eat ordinary state of things which existed during t .e late war. Naoolrois Bonaparte made war on the count-ice of this country Ly Lis Berlin .sod Milan Decrees, and it became necessary for tin. casuistry to relabel, be she Orders in Council. As limtaperte pr scribed dl vessel s that ususslosti a' .in English port. too Government conceit, si it right to prevent Cie Freitelt nation fr etti-yistr , coomiterce, except through ti,.- medium of " shills winch had prev ggggg .ly C o m e t o E ng l an d, mod tak an an English cargo—mall this tendered it is-ces-aty tit heel. recount* to the licensing .ytnein. By ii, , . memo% is time of all 011,1110%111 00000 our enatinerce »As Curried into the cileu”'s casuistry, and a direct trade wits opened with Frmice. These has muss press., wed the property, exported and imported, from c.tptitte or seizure, even though it belonged to an enemy. The De-feminists on the records otopired to take an undue, unlawful, and most wicked advantage of this licensing system. The ',emotes who wer the original parties to the conspiracy were, Meow*. N. B. ['tench (who dad a sue lime unee), his suo.• Augustine Bogle French, their Isartoeq -- Bars ton, a pronto of the :lame of Simon Cock, not included in the indictment. and Julio Wench Bu r k e , wh o appeared to have beets a most active agent % The Weer of French and Co. was at one time moat reaptetable—but it failed in 18IS. At the time. this conspiracy cotionet.cod. •ti 1812. the home, though it wait not generally known, war in the most desperate circuatstauces—and the part ners hit upon the contrivance which he would state to the Jury, to rrtneve themselves. The plait was. given for d the tteo - - Pau ? Would ►mount. if •ny to cruise in the English Chaowel, for the purpose of capturing vessels, coming from France, with British licenses. Nothing could be swore bear than 'his design, diode they would find acted ou with inge nuity, and persisted iu with the utmost decieson. Fey the purpose of carrying on this plan, a ship called Tlit Piee, the registered property of the house of Freuch and Co. was, at emend of the year HIM sent out to Velma. in Portugal, with a Cargo. Mr. Burke was the perms who was to superintend the whole proceeding. Nevi's; disposed of the cargo. he was to proceed to Spain sod to make a fictitious and fraudulent sale of the ship to Spite aisli owners, as it was the policy of Split. and of terry other civilised country. to grant letters of marque to such vessels only as were the property of subjects of that country. The fraudulent sale having been effected, oath was made that the vessel belonged to a Spaniard, and letters of marque were granted. In this trausactiou the guilt of the person who actually perpetrated the freed. 'mutely. Mr. Burke, was not greater than that of the individuals residing its Lou. don. who authorised it. Burke made a fraudulent sale of the vessel to a Spaniard named Mettendes. But it was thought that oue transfer would not cover the transact an well as two. so Me ow , i d", through the agency of a person named Ascarbas. sold the ship at enfUlliill to Don Juan Baptista Larevayta. The name of the vessel had 'wen clump. est from the Pill to the General Porter, and he again altered it to the Sun Juan Baptista. A letter of marque was applied for Ned granted—sod i t was worthy of notice, that this marmite's!, though grunted in June, 1813. was dated September. 18 It, when the Pitt wes its England, the property of French and Co. She wits fitted out in Cotonou, with twehee carriage a Spanish crew and co tttttt solder were provided. The commetsder, Jose Antonio De La Lazes, wise engaged by Mr. Burke— but he was a mere nominal Captain—for there was a special agreement that he should do the duty of first mete. The par ies would tint suffer a Spaniard to have the full coo ttttt and, but provided an Eng. helium's to act as Captain. A person named Au. des.on took the vessel nut, but he was dismissed— and, isi February lel% the other Deleudant, Met thew Welsh . was engaged by French and Co. to cesnmand the vessel. and lie went out to Cutouts* for that purpose. She sailed from Commie in the beginuum ofJusle, 1813, Stoke and Welsh, with a ere es of ;so men being en board, mud she com menced crue•ing in the British Channel. If any hut an illegal act were contemplated, what neer*. etty would there have been fur a Spanish letter of marque—an English one would bare answered an honest purpose perfectly. But the fact was, the con spiratorr,liaviog procured NSIIIIIIINII letter of marque, were prep.ired toasty," We may now take veseels mi nor under English licenses. What are their licenses to us. we hare a Spanish comnsisaion." The Learned Counsel Biro proceeded to detail all the circuits. stutters comsected with the crime of the Seta Jean Baptiste, from the tone of her leaving Commie. until site raptured, off Havre, the Danish brig tor/orta, laden with IsrAittly. &c. Will Willing tinder a British lerense. as they were afterwards fully sub mautested in evidence. It would be found, although Broke and Welsh wished to pass themselves. off es passengers on board this vessel, that they were such geroUtit this dotoveTy. v•• imfir, r the fury was di ? I. the IN indiy, and no pedal Irisel *touch ier' a int.% of never before COSIONUCt t pevii, diverted a Coleo( Justice. _ lice woo, that the Ciirlotto was roomed to her own ers, end the San Joan Baptista was con demned, in the Court of Exciirtiort, us belong ing to British.subjects, who had fitted her out to capture, under a foreign Big, vessel. sailn.g under the protection of British liceuser. Berta.. did not appear this day, he had absconded... Anvil sys. au outlaw. • Mr. A. B. French did stemilorward. lie raid he was not a ;wit to this transaction—but lie would prove, out of his own inouth--and by his own books, that he was. When he found perjury would not do, he stated to Mr. Clarke that the Pits was always the property of French and Co.— that the sale was s colourable one—and that he was led into the business by Mr. Welsh. Perhaps it would be stated, in defence, tiret some part of the property was French, as war argued, uusticeess. fully, in the Admiralty Court. He did nut care, even if this were the feet, for the crime of the parties—that of conspiring. to do an illegal act— was completed before the capture of the Car. lotto, brfore they had done a single overt act. They might be told that it was a common transactiou amongst British merchants; but he knew too well the high and honourable cha racter of British merchants to suppose that a statement would be believed. The Learned Counsel then proceeded to call his witnesses. Henry Gritakill, one of the Clerks in the Privy Coasted Office, produced the order iu Council Of the 27111 of July, 1908, authorising the issue of census licenses, permitting a trade with France. He also produced the petition of the owners of the Coriotru, for a license to import a cargo of brandy, wine. and juniper -berries. Wanes,. .toted, that the Privy Council refused all new liceioei after the cud of December, ISM They, however, allowed licenses fur voyages already commenced. Licenves were granted by the Secretary of State, in compli ance with au order of Council. John Sowerby i. employed in the Office of the Board of Trudr, but he hron t ;ht no piper., with I , tieing informed that Mr. huiti.kill would pro duce the neeemary dOCUIIIrtits. Mr. Gaitskill was again esmniind. fie produced several renewed or extended Iwtnseo. fur exportation to France, dated SO late as June, 1813. N o or i g i n ,' licenses were granted after December, 1812—but extended licenses were issuud to emible vessel, to complete voy .grs which luta been commenced um. der licenses previowly granted. Philip Frebbard, Fog. of the Horne Department, produced the original liceime, of the date of pr (.miter. 1812, and the reheard licen.e, dat e d June. 1813, under which tier ship Carlolly beard' from this country to France. and returned with a cargo of brandy. &c. Mr. Rich, a searcher •t Grovrienil, drpowd, that, during 'heron 1612 and 1813, ve.sel. sailed under liccoNe to the ports of France. 'l'he ►trials that so 'idled were always loaded. Mr. 11. M. Young, Clerk in the Register-office •t the Custom house, produced the registsr of the ship Pat. Site vs. registered iu the ,awe of Au- .~ nogle Frkincli. The register was tl..ted the or October, 1811. Mr. /I Clerk in the Cootoot•bouse, stated, that tip- efE,lkvit r.-lative to 'lie register of the ship Pitt was burned when the Custom-house wigs communed. Mr. J. M. Broom, clerk in the Registrar's Office in the Court of Admiralty, produced.an affidavit. dated 10th Julie, 1816, in %Inch 11r. A. B. Viench flouted altogether the allegation dirt the Pitt mid been eulourahly sold, for the purpose of rumbling her real owners to capture, with impunity, the veil., relit of States sat peace and amity aids ilieAt .11 trio. The affidavit also art forth that the dents had no It imai.er_ge whatever or the capture of the ship ((sawn, by the Sam Jams Baptista (formerly the ship Mir), ntil had i.o moduli what ever over the captors. And also thatilie whole of the correspondence relative to the Pitt, .was real and &muff de, and not written fora colourable or frandolent purpose. Tiw witness nest produced an affidavit wade by Joint French Barrie, and dated the lUtli of June, 1816, in which he denied that the sums of money paid by him, while in Spam, acre issued for any other hot boon fide porpose• ; not baring any re. lation to the procuring of certain Spaniards to - ru,lu n g a col o si ra b+ e sa l e o f t h e s h i p Phi, in urd'r t t ennoble the °worts to capture swa mis aaili o n ler British licenses. Theur n trdavit of Matthew Veelsh, dated June 10, 1816, ass next pot iu. It wet forth, that he WNW put on board lie ship Sus Juan Bupthiu (loronerly the mu), by her owner, Dori 3114111 Baptista Lire gayta, he bring at Coronets at the time the ship WWI purchased by the said Don Joan. The tsetse' be believed to be really Spanish property-uand he wholly denied having ever acted Ha Captain of the vessel, which WM4 commanded by a person of the name of De La Los is. The affidavit also en tered into a long detail of what passed when the vessel, SAX Juan Buptiatu, was boarded by the Dwarf cutter. iii which the Deponent twined that he had told the C ..... mander of the Dwarf, Lieut. Gordon, that the San Jl4llll was waiting to capture the ship Corlolio. Mr. Brown then produced u series of draft, drawn by John French Burke, tro the house of French and Co. in the year 1813, and dated from Falmoisth,Quoto, Vigo, and Corwin*, oil account of the ship SUM Juan Baptista. Hobert Moore, Esq. the Spanish Consul, proved lliat the translatiois of the agreement between John French Bunke, Don Juan Baptista Laregayta, and Juan De La Loris, dated April, 1813, wow cor. reedy translated. In this agreement, Ds- La Loses was denominated PiG hn, which Mr t Moore said, was equivalent to first nude Englah. In answer to is question froth Mr. Scam.Ert, the witness stated. that the Captnio of s maiwor-war was. in Spanish, 'called Capita/I; the Commander of a merchant vessel, Maestro or Petrone ; the First Mate sass denominated Pilots—the Pilot was called Pilots-practico. Examined by Mr. Gunnar. Witaysa was 4tmus.4 rice-Consul at Guernsey, in .10ne, H. recollected the arrival thereof the Nast Jriom Baptioa. She sailed under the Royal fl:4:f Spain, had a crew of about forty met, and C 10 or 12 guns. He went on board, and 55W I.oll*. 4.1141 appeared as Captain. Lazes spewed him the spip'e papers, iLtid totinngst the rest the leiter-of marque. whit 1. was pm in .cud read. It authorised capture vessels heluoging to the enemies of ihr crown of Statu s and also to trade in the Spanish ports. It was dated Cadiz, the 22.1 of itby„lBl s 2—ttod given tat Curunisa 00 the Said of September, 181 5 2. De La (Azar told witness that btu object was to cruise i n th e Channel, and af tee w trds to proceed to Dover. He said ha calor into Guernsey to careen—sand witness observed that the bottom of the vessel was very foul. Witness saw Burke cud Welsh oat board. Burke told him that he was a passenger. The vessel went into the harbour and was there cleaned. She remained about a fort. :tight. He recollected, a few date before the San Juan sailed, a vessil called the Palmyra left the roods. The Jan Juan followed her—but, after the Palmyra had sailed about three milts she returned. The Nutt Juau also returned. That circunistance greatly alarmed the island—anal, the next day, Burke, Welsh. and De Lox as. were summoned be fore the Governor. Burke said, that, 5' according to the maritime laws, which lie well understood, he was authorised to capture any of these licensed vessels. and that lie would prosecute- tiny British officer, even of the highest tank, who attempted to prevent hint." Witness remarked to Lous . . dust he had placed himself ill a very perilous situ Lion. Low, in aurwr►, handed %Vlilltlll 'titer Spanish, which he translated. Joseph Collings, Esq. stated, he was of the house of Collings mod Co. of Guernsey; recollected the armed brig San Juan nai ling at Guernsey on the Bth or 9111 of June, 18Ii. Nlr. Burke crone to his house, ;and stated that he was a passenger iu the brig, which was bound up Channel, to Dover. Ile asked, would wouess's firm motes to have her bottom clessated, null for the supply of other neceisaries ? Witoesar, not Mr. Burke, hesitated—hut at lesagth Burke offered a bill fur 4004 on the house of Bogle, Fret.ch, and Co. which the witness accepted .as 4t - curity, loci advanc ed the orcessuty sum. The whole amount of ad vances. commission Included, wus 311/. the whole of which was paid by drabs on Ficatch and Co. The San Juan, in order to be claimed, was placed nu what were called /cgs. ()etc the-e was left floating in the harbour, and morticed a Sllllll ves sel mimed the Prosperity. tier °wale's demanded reparation, mad the damage w.ts left to airbitalators, who awarded 54/. damage, which wa% paid by the witness, by order of Nlr. But ke. lie recollected the Palmyra sailing from the 14itinner, and being billowed by the San Jn,,n. The 'account of ex. penile% picot - red by the :tan Jinn nail regularly Ire:omitted in Co. Robert Mowlioy was a ,alot at Guernsey, in June, 1813—arid. in that c I .acit%, went on board the .1011 Jaws. De piloted toe vessel into the roads by the orders of Mr. Burke, v. 11.1 acted as Captain. 1% it. nes' took her into int , I a.b.nrr , aline .lie 1A:111 rl su ed. He was ond hi M.. 4 . 41i1 uses., in consequence altar ord.•r In Gupta 1:0 Ile. Joint Han-out, miutitee ~:t 40, at le.-(1 that hr took charge at. the Aura Juan ur .1 1..1, 181 J, on the day the Palmyra It ft the wads. fir dot so by order of Capt. Burke, alio .ItNtfrii Into to get the ve s sel un der way. The mull roads were very full, and be that ' course miles, harbour, desired isCIOr. aPPear l l, reported brig, Porte oensobi hitt% • Sax , hn►hour, the fur Admiral' membered har' broil the our tP cruising He Captain out of Nil to He board, tothei whom ''4 - • ite• ; 1 ell 1, .14 1 ..., . '. e . . 4 i• ? carried out a stream anchor. Wit ne ss lOW i. Burke that he could not get under woo immediately, with- t . out slipping the anchor. and Burke said, lie most i dip and leave it. Burke directed hini to take the course of the - Paheyra. When they had gone ii few miles, the Pagers wore route!, and sailed for the t 1 harbour. Burke expressed his sbrprise at true, and 9 desired the wittier* to return to the harbour and taoor, which he did. Cross-ezentined.--The only reason he could as:. sign fur the return of the Palrepro•was n e tt t he ': I ' tide was almost spent. Hr thought, however, that the San Jaen co u ld h a v e g at ou t, b e c ause s h e mi n e I f lacier their the Pa/siva. Sir Jahn Doyle was Governor of Guernsey in Jane, 1812. He recollected Burke aid Welelt • appearing before him, at head-quarters. Bit, ke reported himself as a passenger so blurtl a tzi,4iiish • brig, and he represented Welsh u an laver r e the Portuguese service. Burke appeared to b.. sn 'tensible a man, that the witness was induced to ask him and Welsh to dinner. A good deal of elai in was excited in the Islam), iu coesequence of tine • i ..•• • , , . Sax Jean having followed the Palmyra oaf of the harhour, and returning with her. Hri le muses quince, sent for Mr. Berke ei r d efe. W e l.h, w h o , * ./.. ecciimpanied with Lome the Spiat i ptilv tjaptuin, a - I''' t. . tend. 4 him. Burke end Wolste-aerterst tip to the S .• doming -omit), and the Captithildifiehif* im the par- t • i lour. At first the Captain would al nethieg, hat s being told he win in a peri' . ;quoin'', lie sett 4 , • No," arid produced a written paper. A 1 ,.. BurkW:' I neither dented nor affirmed the intesition of taltiog the vessel which the San Juan followed. He did not say positively, " I would take the vieerel," but stated, hypothetically, "If I pleased I cull!' have li taken the s h ip." which struck witness es a sort of denial of intending to take the ship, since he taie,l t I . have taken her if he pleased. He aids det•idirdly, .s. " That, if he had taken her, no power could !'wrest, 3 • the me net from him—not even that of au Admiral— fur he would trounce him well in the Court tf Admiralty." 1 David Miteullech, a merchant at Guernsey r , re. i , 1 membered the San Ina* end Palmyra lying in the : - harbour. The latter was a ship cooeign..l‘hia .' r. , . ''l . brother, and on leaving the roads was followed - he ' the San Jaen. This circumstance :became the ! 1 subject of couversation—still Me.. Bathe defruckel the legality of capturing a hemmed vessel, . • . Captain Gordon commanded the Diver/ eisteet. i I • in July, 1813. On the gth of that mouth he w a s cruising off Fecarop, when he fell iu with the San Jean, sailing under the Royal Spanish peitinuit. u He went on brd, and asked, where thoffeeteish - Captain was? Jose Antonio De Loxes s was pointed f • '' 't out to him, and informed him. through the medium = - i of Si sailor who understood English, that pelted : ti * sailed from Dartmouth, and was ultimate!" besinil 4 , c 1,., . to Dover. but that he meant to crime a little farces . He asked whether there were any Britishilehfileiertri board, and was answered " No." Withrow thee ert7ht. ..• t w o h t o h t e n c h is e bil a e lt w er h w e .i re rd li s e f s i ty nd s se t e o ll h -droved eN iee r. d 4 e ,r 4aime+ „... .. ..,...: li , „• • k 1 - staled. in answer to a Vestion front Into. * L it . ..:„. wits directed by his owners to cruise. uistipf,i, • - , j proceedin g suai htto g Itigetm . Witt2a imbed 1004 4 1 what purpose ? And he answered It To eillketire a vessel, which you cannot touch." Witiressp o id , • him that lie ought to comtennicate with die *tor ' ' i officer on the station, for keg as he fwd beers 'ill ' the servic-, lie 'lever recollected to have seen a p s j• V - vsteer belorasing to an ally cruistag in the fllaireplif i 4 stow. Mr. %Veldt ailsw . ered, that each a caurre would not suit his purpose. Wititess reinsured. half an hour on board—during which Lite•gi Mr. Welsh appeared to act as Captain. %Vitus* saw I the San Juan next day, dodging iu the same track.. 1 I He sent an 'Ai er on board. and, iu consequent-it of his his report, lie took possession of the venal; ' • •-• Welsh came on board, mid witness told him he w a s displeased with the message that had been sent to , r him, in answer to his otter of seeing the San Jaa4 to Dover, the place of his destination. He said, lie thought his tuessage was misuuderstood, fur hit did not mean to insult the flag. Witness asked i I hire, why lie refused to proceed to Dover ? He . answered that it would frustrate the o bj ec t o f h is . cruise, and, dire were compelled lo g o t o D over , h is owners would prosecute witness, which wo u ld perhaps cost him 20 or 30,0001.—besides being atnenable to the Govtristurut, for stopping a ves s el he al i ng t h e flag of his Catholic Majesty, He al s o pr o d uce d a passport from the British Consul at Coruna% in which he was described as a Li e ut enant i n the Por- . 11 . 11 .1 tuese navy. lit consequence of this, wit ness d eter - mined not to molest him. On the 11th, h e f e ll in .. with the (.'*Aorta. Captain Hoffman, uncle, Dateeh i colours. He saw her papers were regulsr and h- cense good. She was bound for Havre, and wittiest permitted her to proceed ash her voyage. On ilie 13th, lie saw the San Jean lying between the l'ar- lotto and Havre, so that she could not escape. She 1 i sent out one of her boosts to the Carlotta, sod set 1 every sail that would draw, in order to come dean on her. Witness then sent a boat with au officer # on board the Carlotta, to inform the Captain that the ship in sight was the Spanish prisetter lee lisd beard of, offering at the Caine time, as the wind was * . I light, and his ,cruse writild expire the ne xt d a y, to see his vessel 11110 'Wit to have his license ret.ewed. • ' ' The privateer's hum then passed wituess'e vessel, n.r ~; . the purpose of ho a rdi ng th e C ar l otta , b ut the officer l ' sent on board by wittiest would Noe, buffer it, moil . witness's leave was asked. In coneequeece of Ois, Welsh sent him a letter, in which he stated that i 9;., I, San Joan flaptisN was a Spanish letter of marque. and thin, ilk consequence of information that tee -. . Car/otter colitaiiied enemy's irrupt, iv, the Captain memo to take possteearei of and search her. %Vit. ••'. ness hailed the Snit Juan, and propose d that the . Carlotta should be bike', tutu Dover. But Welsh it expiused a wish to proceed to Portsmouth with the ve-sel, which any di. e. He afterwards saw the Sea Jean mill the Carlotta at Pertsinouth. . Cross-erentiord.—lle had net suspicion that the • 1 1 ., ! 1 i .. . Carfutru was.. Fettlell vessel. The heifer sent e: witurin said, 'l the I uptaia" 'sidled to search the i' .. fareigii v•r•el. He thud slot know that Lieu war ( ' swain. fie was nut so well-dressed as a person of Vito r ark gnus-rally was. S. ttttt ro :%lugdy was a seaman on hoard the ; i bleat/. lild eari not of the ho it's crew who hoard. ell ~e.: .m 1 J a au. He !went Welsh say, that he was waits' g tor a Danish step, mid dared the Cote- 14 ma der of the Dwarf it stop him, I. •.I.,eick Ifiitheeti stated thin he wa , ins , rct t I Olt brig Carlotta. the °whet of which was Chri•ii...: led,. weal half the He sign tide Tour, beir not stal tai dent hay tuese nii , will, coloul cense permit! /nth sent On On the . limo! ligf see meui nese fr *