The Sun. — London, England, 1807-07-25 00:00:00

• . deprive then of that recompense for their wrongs to which they were justly entitled. He Would ' ask, , could a man in this situation have the same feelings towards his Country as if. no such clause had found its way into the present Bill ? Colonel VEREKER declared himself strongly fa . vourable, to the principles of the Bill, which he thought was in danger of being frittered away alto gether. • Sir JOHN NEWPORT mentioned some cases in which, ,he contended,, that individuals, had suffered .• by the errors of Magistrates; he thought, therefore,. that the Legislature ought to take care to protect the Subject as well as the Magistrate. The SOLICITOR-GENERAL. observed, that if this clause were omitted,-allthe preceding clauses might • be cancelled also. Mr, WIND HAM always considered the principle of the Revenue Laws a very deplorable departure from the general principles of British Legislation, - and could not reaailybe induced to think that we ought to adopt whatmust in some instance*he an unit...st ex-' • ception, instead'of what was an acknowledged, just, and liberal established rule. The case of Sutton and Johnston was a singular exception, not extremely _worthy of Imitation. General LorruS spoke, - from his own experience, in support of the. Clause. Lord H. PETTY declared, that in every principle of justice' we were bound toadminister relief' to the • • injured indiyAduaLeven though it should not be done ofthe at t he expence Magistrate. • Lord MILTON reprobated - severely the injustice of theoneasure ; as a matter: of policy even it was to be cdnsidered, that such a measure would nate rat./ irritate men's minds, 'when they felt that they had suffered damage," when they appealed to Court:sof Justice,' and a Jury awarded them seta compensat: s in damages, and yet it was not in the jower of the Jury to extend to the individual that ustice to which they knew he was entitled. When he saw the verdiet of the Jury superseded by the de. vision of the Judge, was that a way to reconcile the feelings of Itishroen—was - that a way to bind Ire: ' 1 . land by friendly attachment to this Country? CIfiI.NCELLOR s of the • EXCIIBC-71ER Maintained that the decision would be strengthened,. interest of individuals would be better secured by the opinion of the Judge and Jury being both ie public. He contended that the cases to which Gentlemen alluded appeared to be what the law termed detainees sine injuria, and private interest Must give way to public good. • Mr. WiNDHiIM said, that if the Magistrate was supposed to be-innocent, that is with reseeel. to the quo aninin with which lie a&d, and yet it was seen that an individual suffered Materially, Govern:- Mein or the Country should reimburse the sufferer. Mr. MORRIS said, that if the verdi& of the Jury was supposed to be erroneous, the Constitution had provided a legal zoode of redress' to the' party • who supposed himself aggrieved, as he might move for a new trial, then for a second, and so on to a. third ; and, if three Juries of the Country were agreed' as to the same chief point, however highly he re ' spelled the ebari..6ter and- general -conduCt of the :ledges . in England and Ireland , , he must say, that he should think the verdict of three distina Juries in finitely preferable to diet of any ine4 toted who might oppose their decision, _however highly ve.H merable that indis idual might be in other respects. , The Committee divided upon this Clause, and the nuoibers were,--.-eFor , the Original Clause kor the Ainendthent 28-y-Majority 47. Upon the period of two year.; and to the end ,of the next' ensuing Session of Parliament, being pro , posed ter the duration of the Att, . Sir. JOHN AEWPORT rose, and -deprecat e such a period, as it implied the contemplation of a hece.,sity which might cease" long befine• Parlia- Nent eas in •the habit of annually considering the Mutiny Bill, and • the reasons which ; induced that habit pleaded with still stronger force for the an.. z. twat consideration of a measure of this nature, which Wbuld go to put Ireland out of the pale of the Con-. fititntioll. What, he would ask, would Gentlemen hay it it were proposed" for such, or indeed fei- any Period, to put England in such a situation. • ColunelVaitit&Olt was an advocate for the clause, . as was e . General Puttlisi who stated, that if England were ; 1 , 0 such a stat e as that of Ireland, or likely to be so," : ne believed that no English Gentleman would he, 1 f ound to opp6 se th e adoption of a measure similar to sent. .4/r. lIINDIL4iII thought that.. shortening„the d uration of the Bill "tend be "a: sett-of - pledgelceihts, ;Irish People of tha reluaince' with which Pattie- Mort inaposed snob an . ad upon them while its pre-' b eut extended duration, would (firefly indicate an Indifference upon the stibjetl. For although the for the Bill were now. fully evident, still no an could p resume that the period objected to might Acte long survive tnat necessity. The CHANCELLOR of the EXCHEQUER j Ott decidedly of opinion that . the clause ought to Ca " , in its present stage, because there was no pro ! a bility that the necessity which called for the Bill uould, so soon cease; and lIIED because it was de- !treble to prevent the agitation of a qUestionaf n ature so ofte n as the Right Hon. Baronet professed to wish, lest at agitation might tend 'to aggravate • the ev'l , 1 which the Bill was meant to cure. d GRATTANrose at nearly three o'clock, and Th e most energeiic and' impressive speech.— 1- n'e Right Hon. Gentlemarebegan by' deprecating lae doatrine, that the existence of a power, if that . firAvere not called into eaten, was" not to be r n sidered.as a grievance. What, h e would a'sk, waa e 4v er.,Y ?---nothing but sufferaeCe. Great odium, he attached"in Ireland .. to the measure under the co nsideration of the Anunaittee. A :variety oflet-' es from' that country, many, of which he, . had received, fully satisfied, him ortbis point."--e But still, from a consideration of the necessity of the eas e he , ,was • ieauy _ to take nis fun shame of that. _odium by. supporting the Bill. This was atime in "v every - inan should 'be prepared to sacrifice, net only some porti on o f hi s lib erty but of his credit, and he was 'ready to make some sacrifice of both fur ' ligh th i eg t i o l od of , t.be State, He understood from his on. blend beside hiru—(we' conceived the' allusion to be to Mr. Elliot) - -.that there were secret 11 47, 611 P. a dark, and, dangerous descriptlon iti • up t a l s cl a n i ? . .. lits formed •a gr oun d f or t h e 'Bill. He etc! of a bench interest" in Ireland; and be It ti. i e strtd r_ t_l: l t s it Government should :be - furtiished with • 1; 1 , 41 , ea . oot . merely of :"resisting but of ex , •ng th at'interest stherever and ' whenever .., • , .• it aPpeared. *irh (Lit vitro he would_ support - N AVA S. this Bill, even though the' Clause should not ( experience the alteration he wished; although he feared, that if this Clause should continue un changed,. it might aggravate the discontents the Bill proposed to destroy ; and.that from the indifference it .would betray as to the comMunication of British. 'privileges to the Irish People, it might, with that People, become a mere question . which to prefer, the military Govornment of France,, or the stis pended 'Constitution of England. The question in Ireland now had nothing to do with Republicanism; but ivas.simply this, whether she should continue a portion of the British Empire, or become not a por tion of France; but nothing—absolutely nothing-- at hi* she might coquet with France, but it would end in a meretricious conneetion. The Right: Hon. Gentleman.. earnestly exhorted the . Irish Gentle men, as they canvassed their countrymen for seats: in that HOuse, to canvass theta also ter the British Empire against the designs. of France, Nations, like individuals, were often the arbiters of their own fate,..and much might be done for this Country in Ireland, if so . determined. The Gentlemen con neclecl with Ireland . ought earnestly 'and personally to. solicit the aid Of the Irish People, ought to use every means in their power to circulate in that Coun try the fundamental maxim of English policy, to have nothing to do with France. The Right Hon. Gentleman repeated his resolution .to Vote for the Bill, notwithstanding the odium that attached to it— rather than give up _the State he • would support the Bill. He never had, he never • would,. capitulate with any popular error, although he always respe&ed popularity. when attendant on virtue: Mr. J. C. BtRESFORD cong ratulated the House, the Country, r and the Right Hon. Gentleman, on the sentiments which he hadjust uttered, and . which he hoped. and trusted would have a due impression in Ireland. • Lord HOMICK deprecated the idea, that any objeaion offered by himself and his friends to the details 01.016 measure, proceeded from a dispOsition • to oppose the principle of the measure itself... 'On , the contrary, ..he was anxious to support the Bill, with regard to the necessity for. which, no change whatever bad taken place 'in his sentiments,' since his retirement from office:. But as to the Bill itself, he declared, that although a draft of it had been sent to him from Ireland, just previous to the change of Adniinistration, • he. never read it, until lately. intro duced by the Right Hon. Baronet. The. CHANCELLOR of the 'EXCHEQUER said, he would not at that late. hour occupy much of the time oldie House. With respe6l to the impo pniarity of the measure, he conceived that i;s un- • poputarify in a great degree proved its riessty, because if all the Gentlemen who w , ::e more int pitxliately interested in the welfare of Areland ap -proVed of this measure, those who Gppesed it must naturally be adverse to the I,:i-cAs . of that co untry, •He could not agree svit!:' , a Gentlemen oppo site to him, in what they ..ad said about 'the duration of the Bill, because it appeared to him highly itiipolitre to fix the duration o. ie Bill to suet' a period as would perhaps compel the LegislatUre to consider the propriety of continuing the Bid at the very Mo &Tient when its existence might be absolutely needs. &try. He thought it better therefore 'that such.a , period should elapse as . would give a fair trial of the temper of the people of that Country. It did not j depend upon the Lord 'Lieutenant to exercise the t powers of thiS Bill whenever he pleased.—lt de- I pended entirely upon the Magiitrates of the County where. any disturbances mightilappen, who - must present a Memorial to . Government before the Bill could be acted :upon.. • ••He concluded by expressing The gratification he telt at heiring what fell from the . Right Hon. 'Gentleman (Mr. Grattan) and other Gentlemen on the same side of the House, and 'sin ciptely hoped it would have its due weight in.lreland.. The.Qommittee then divided.—For the original. clawe against it 2 I • . . . _ The 'House resumed, and the Report was ordered to be htought up this day; . Sir A. WELLESLEY gave notice of Motions for this day, for leave to btint in. two Bills respecting the Irish Militia, of the same nature as those brought in by Lord Castlereagh with regard to the Militia of this_Countty.—Adjourned at four o'cloCk. SgeeawEsi, JULY 23.—Sailed the Cossack, Capt. DIGBY, and Foxhound Sloop, Capt. P. B. GREENE, for Yarmouth ; also a great number of Transports for Hull. Went out of Hdrbour to the Little Nore, the In flexible, of 64 guns, Capt. S. R. WATSON and Leyden, of 64 guns, Capt. W. CUMBERLAND. Came down from Chatham the ilueephalus, of 1 • • guns. • . . Sailed His Majesty's Ship Oberon, • Capt. SUTTON, to Yarmouth. JULY '24.—Sailed for Yarmouth to join the Nor 7 them Expedition, the Banterer, of 24 guns, Capt. SHEPHA RD, With five flat=bottotried Boats in tow. Sailed the Cherukof 18 gUns, Capt..ll,AirENsliAW, for Yarmouth. - All the Alen of War, Launchers, Tenders; and Boats of every description that ieould .possibly be have been sent up to Chatham to embark Troops on board the. Ley4en, &c. laying at the Little Nore, for th.e Expedition. PonTsmotrrn, JOLT 24.—This morning an, Em bargo was laid on all Ships at this Port. Arrived the lippezvell, PAIN, from Exeter ; Three Sisters; WALTON, Laurel, WILKINSON, and Rayen, MILLER, ,from Sunderland ; ..and diaive, THORN; from Bristol. - YARMOUTH, JULY 24.—Yesterday arrived" Ad miral RUSSELL, in the Majestic, from a cruize, with the Agatnemnpn and Agincourt, and remain in the Roads with the rest of the Ships. DEAL, JULY 24.—Arrived the Prometheus Fire ship, .tiom Portsmouth ;. she has anchored, but only waits.for a Pilot td proceed to Yarmouth goads. Arrived the Bold Gun -brig, from a cruize. Sailed the Pampe'e, of 80 guns, :for,Yarmoutb Roads; -the illusquito Sloop, and Turbulent Gun brig; with Convtiy fin' ditto. A large Fleet of Transports are now coming, in from the, \Veit ward, full of troops, but aro unable to learn any partiOulars before post. . . CO Uh l' MARTIAL. TRIAL of CAPTAIN LAROCHE., for COWARDICE.. PORTSDIOVTH, JULY 23.—0 n Monday, and the three following days, a Court Martian was held • on board the Gladiatoi to try Capt.' LAROCHE, late. commanding His Majesty's Ship Uranie, for,Uot do ing his utmost to bring the Enemy to }talon op the - lath of May and the MI of June last. The Mem bers composing the Court were— Capt. Ilk A DLEY (eommancling the Plantagenet), President. Capt.4ni tftwim, Captain HOST!, V AlliON) ' Sem • Wooteomas. Lieut. MORRISON, , Mist Lieutenant of the Uranus, was the • P roseeutor. The 'Admiralty . Order for the Trial was read., and then a Lett&t . from Lieutenant•MOßßlTON, and other Officer% of th e Uranie, and also a Letter froth part Of the Petty Officer's and Ship's Civiir of the Uranie, to the Lords of the Admiralty, stating the conditel (as the. • tilledged) of Captain lEmtociti, .and.' the reports which prevailed to the - disadOantage 'of the character of the Uranie, imputing CoWardice te 'her on the above'days,', and demanding a 'CourtiMartial on Captain LAROCHE, to clear' theif. f,irne, were severally read: The Court being then sworn, they proceeded to • the eitamination of witnesses. . The w hbesses in behalf of the presecution were . , the Second Lieutenant, Master, Master's Mate, Car penter, Pilot, Surgeon, 'Lieutenant of Marines,-and a Seaman of the. Uranie, who deposed, that four 'Of The main•deek guns were in the ,hold when the enemy was first seen (oft th,e sth of May, when a Corvette came out cif Cherbourgh,- and having looked at the Uranie, ran in again); that they Were not mounted till the next day after the enemy was'seen a second time (on the 15th.ef May, when .a Corvette and a Frigate came out,. and, after a few movements; re turned to port); that on the 22d Of June, the Frigate and Corvette came out, and stood towards the . Uranie; and that the Uranie wore frem the enemy for Sortie time, and was an hour before she was ready for aa ion ; that there was great csanfusion on. board the Uranie during that time; that Captain LAROCHE betrayed symptoms of agitation, fear, and (one witness swore to a question pat by the Prosecutor) of cowardice . ; that he frequently changed colour, aid was agitated in . a manner that he never betrayed before or since; that the Uranie did not carry all the sail she could have done; that if .she .had, and' Papiaitl LAROCHE had done his utniost to bring the enemy to aEtion, he must l,ve cut off the Corvette,and must'have bronght 1 the Frigate to action, if she did not abandon the Cor vette, and that he passed 'the Enemy's Frigate with- . in gum:shot ,(giving a broadside), and Wore, - and must have been in close aeliott within a few 'Minutes, if he had chased the Frigate, add carried all sail. . The Surgeon (on cross-examination) said, that . 'Capt. LAROCHE ha9l been ill three or four days of a ,fever, and had taken medicine that morning —calomel and salts ; and others admitted that he had not dined with his officers, through indisposition, for three oFfour days. All the witnesses for the pro secution said, that Captain LAROCHE had laid 'cher close in shore several limes, and for a long time together, Ind had on one Occasion, when the . enemy's frigate was sainting the Governor of Paris, stood close into the works, ' hove to, hoisted his co lours, and fired at the 'frigate, byway of defiance. — The witnesses admitted that - Captain L. add his Ofti ceri were on ill terms : one witness said that'Captain L.. yeas on ill terms with all at times, and - Witli some' at all times. 'The case far the prosecution closed 'at ten o'clock on'Tuesday„ when Capt. LAROCHa reqoelted a - Short tirOe to prepare' his defence. In about two hours, the'Conrt again 'Opened, and Capt. L.•itottti's friend read a very able defence, which insisted 'that :his prosecutors were ina combination against him, from personal prejudice;; that he had watched the enemy at ancttor (except when,the weather would hot per- Mit) 'incessantly; freqUently - ati4 that when the . duerny came out, he had endeavoured to decoy him further from under the batteriei; and that ihetenetny's _object eras to decor the Drank , under the batteries; that the enemy's Frigate carried fifty is-pounders, the *Uronie only thirty-sik pounders ; that the Uriiirie was foul in her hiittom; and that the enemy's Frjgate was a fiver sailer; and could bring him to 461i..0n whenever - she pleased, - and•avoid an anion ate? pleasure; that he rarriett all: the sail - he could with 'safety to his 'Majesty' Ship, then my a lee-shore, ,and close in. it; that caution the inure he-hated- him, as; dUring this war, the -Mire* 'Frigacc had been capt u red b y running on shore at this very place. Thedefence paid a most elegant compliment it; the bravely of his Majesty's Navy at this day—ex pressed,a confidence they would not lightly believe evidence to prove cowardice against. an . Officer whO had the honour' to cominand one of his ,111aistv: 1 ; Ships—it concluded byisaying, Captain LA KOCH would call witnesses that could have tip bias, to prowl that .he had done his utmost to bring the'enemy rq action, and had in no degree tarnished his Majesty's Flag, or dishonoured .the Corps he was proud to be long to. _ The witnesses for Captain LAROCHE were, the Lieutenant commanding the Gun-brig DeAnder, in r company with the Untrue on this occasion, and the other'Officeri of that Brig, and several of the Uranie's seamen, among which last were the Cap tains of the tops and forecastle: they all deposed, that • COt. LAROCHE • did his utmost to bring the Enemy to aaion ; that had the Urairie carried all the sail'. she could, and 'done every thing that could be sug gested, it was. impossible for het ; to bring the:Ene my to atlion while he avoided it, which he did - thatthe Enemy could bring Capt. LAROCHE to ac tion when he pleased, and avoid' it in like trimmer ; that both forces were close in shore, and had 'Capt. LAROCHE continued the pursuit, when he fired and . t acked,' he Might have fallen under the batteries; and greatly - endangerecl the safety of the Uranie. - -Two military Officers . , who had !been - on a mite with Capt. LAROCHE, ,as visitors, deposed, that h e 'tad alwaysdisplayed:the most undaunted courage, and tried every means to provoke the enernyito try his strength: Admiral'Sir ISAAC Corm , : deposed, that Capt. LAROCHE had; verbally and by letter, revorted to lain officially; 'that the IL ante's bottom IL and that she wanted to be clock-1 ; Mr. 1..)t.n! ANIS (builder in .t hc_ , Dock lard) deposAl, that the L, -r:, :r e stood in need of several repairs,'and !li.it lte!. Was very fo.uh The defence clete.t at ten on Thursday morning,!and the Court were in delibera tion till half past otie o'clock. The Court- being again opened, the Judge Advo- • cate read the a entence, which w.is, that ",the charge being in part proved, Capt:Lattoona is sentmcecl to be 'dismissed from the command ot! his Majo,ty's Ship Uranie." . The Court, was much crowded the foot • days; for-the trial,' from the serious nature of the charges, had excited very extensive; interest. Ti.Vti of the charges had the'scatence of :death affixed to them ; the time -upon Which he was- found 'guilty, infli&s death, or -any other pianishment Court Martial shall choose-to • 111,1RGAT.g, JULY 23. • This i .,place fillsylry last, and we haye the prospea of a tnost'abondant sea km. , The Roys, or Packets, as they are now more elegantly . termed, orrice eve,o.. day crowded with visitors of all'deficriptions. • The Theatre opened on Monday to 'a respeCtable btu nOt'a very numerdus audience. ST'urif eN Kept 13 I. It was tO' have opened the season with Faiatd, hut pdor John U'as, we. find, laid on his bar'.l:, drinking thik whey ;cud lemonade,- instead of rid! Sack and Ca.nar:y,....i.viihlial; Poins, Scce Ste_ Our, Manager, we understand, has catered very well fur the ensuing season, and besides a good stock of set tled' Performers, - he - has provided for the occasional viitation of some of the London faVourites. sONNET, ON THE DEATH OE AIRS. CHARLOTTE SMITH. EY Till karllOß OF " ro writ SKETClitli." SWect Songstress I 'whom the melancholy Muse With more titan timidness lov'd ; far thee she strung The lyre, on which herself enraptued hung, 'And bade thee through the world its sweets dilfhse. Oft bath tribtitary tear !laid homage to the sad harmonious strain, That told; sin! too true, the grief and pain Which thy atTiiited mind was doOrn'd to bear. • Rest, sainted Spirit! from a rife of woe; And, though no friendly hand on thee bestoW The stately marble, or emblaton'd name, To tell a thoughtless‘wOrld who aleeps'beloori Yet, o'ot thy narrow bed a wreath shall bloiv o beriying vigour from thi• breath of Farnit. ' I ELuG.Arri FETE.—The 'fashionable. world was, highly gratified, on Thursday evening, at an enter faintnent given by the Marchioness of STAFFOUDi nt the magnificent mansion in Cleveland-ww, The.grand gallery of pi&nres has lately been aug mented, as we stated, by those colleted by ir. BitANIA, This acquisition afforded the Marchioness a good ,opportunity of: ak,wing that the partakei the liberal disposition Of.the MarqUis in a desire of gra• fifying thej,r - friends by a sight of such an , s it e ilssemblago of the alerts of genius. How,rrzu G h is such 'm 'entettainment above the ordinary ch a . raaer of fashionable annisementi. The Palticl.✓ of WALES, DtritE Of CLAEENCL; and a win), ,nutue rout company assembled. ~ The American Ship Cordeiia. (detained and seni into - Plymouth), On the Ist June, twat the Equator,; -' spoke , Hlis. Malesty's Ship Sir Edward ibighat, with a Cenv,y for the Cape Of (nod Hope ; few day. after, felj in witit'ten*l ofTransporii, With tioqA, under . convoy of. tW4ierrnes, frotri ?wino° Ith out• ninety days, 'haUtad to the River. No bad twice attemptuticrosiing the line, brit 1 . 104 tolet.tward„ and Wero t hetf making the third att2nlptzi soon* loag. t2u. tell in with a Wee . ; of 64 ~441ittod. t a;t I ,idi.unon, under conv,oy at. the Alriteillid Steady, from Portsmouth, 2 S ja company. LONDON, SATURDAY, JULY 25, 1807. Notwithstanding the commencement of hostilities in Pomerania, it is probable that the King of SwanaN will soon,be included in the Continental Peace. BoNA PARTE has made pacific 'propositions to him, which„ under the present circumstances, it is probable he will accept. This offer, en:the part of BQNAPARTE, we, have no doul,t was the result of n previous arrangement with the Emperor of Rc.9s5JA. The letter froth which; we- extr4 the above information, also sthtea, that it is very generally reported upon the Continent that Poland is again t 9 be ere6ted into a kingdom, au& that JEROME BONAPARTE is to be the new Sovereign.: The Eipeditions which are preparing in our ports ,have not j'et, we believe; ,sailed, but they certainly will put to sea without loss of time. Asa stria ern b3rgol has been laid on in all our ports, we may without impropriety mention the reports which are iii circulation with respea to the destination of these armaments.. It is generally ,believed that .the 'Expedition preparing in die - Downs, is intend ed, in the . first instance, for Boulogne. Ten thousand troops t are to , be embarked. The p2d, 43d, both, s2d, Regiments, the gsth Ri fle Corps, the . sth Battalion of the 60th, and the Brig 44 of ihe Guards which have beon for some timedChatharn, will form, a part of the Troops 'employed on this service. There was a very, hot press on thelliver on Thursday. biiht, by which about 1500 Seameu"were collet:led * for the public service,' •, . MAI LS. Att,ttlys 4 p - 7 , -; t Waterford. Cottert•iitt & h LLisbon,Dublin, 2 WAtcrtind. , THE SUN. SOLLM Qt/111 DISARt FAI4SUM AIME*? a ho fr. as