The Sun. — London, England, 1813-01-21 00:00:00

M THE 4. . (CIIICULAIL) Wtir 7 Office. It being of importance to the Security,of public Motley intrusted• ; tO Regimental Payinasters, that the persinis who become sureties for them, should, be clearly shown to be cOmlietent to the amount 'tor which they arc respectively bound, I have the honour to acquaint you that, in future, ip Order the more readily to ascertain the competency of a pro prosed surety for a PaymaStcr, One of the, referee is to he a reputable . housekicper in London, urt.;i less the surety shall be resident inSeothind, or Ireland, in Which case, if the Rarties cannot give a rclerence in London, it wilt:be sul!ickut that one t the refertees should he a Pethni' o •-the about_ description resident in Etlinbnrgh, I 'lliac the honour to be, , • . Your most obedient humble' ~S.`tritant,. • I A t:aI IUtt , T ON. Colonel of the Regiment. , • PrdtiliSlijltE I‘lll,ltl (Copy,) • •S%m tchatl, jpri. 14, isui. Sir,---1` atn 'commanded by the .Prince Regent to acquaint your Royal Highness, •that having received a memorial from certain Substirntes .of 'the PerthAirn regiment of militia, 'claiming aye. lease from their military service at the end of 'ten 'years, front , the date of their enrolment, and grounding their claim on , cart Ain Clause's of the 42d of the King,. cup. 9 hi (Hy .t 1 II iA been pleased, totwitlistandin;;; irry:;ll4 r eon 'duct on the part ; of the petitioners, in :ling to make their representation, in the first. instance, through their commanding Oilicfn. to the (06,- wander in Chief, to direct that the . ett.ie should be referred to• the Law Servants of. the Crown . , whose opinion, in obedience to the commands of his "Royal , Highness, I have the honour to en- Ini,ve it also in command, to recommend to your Royal Highness, that immediate steps, be taken to inform. the petitioners, through their Commanding Officer, of • this opinion upon their said that your Royal Tlightiess will be pleati eel at the same time' to express, in the strongestnirtntier, umn ner, the confident expectation of the Prince Regent of, the entire and, complete acquiesce.nee of the petitinners in this dear and conclusive ex position of the law, and his; Royal lighness's per suasion, that ,the discharge of their military ditties, until the term of their service shall legally tind regularly expire, Will be Marked by the sinne :zeal, loyalty, and obedience, by which it has been hitherto distinguished.' 1 ion likewise • comninntled: to' acquaint your Poyal IlighneSs, that since the receipt of the morial frthn the Perthshire Substitutes, the Prince Regent has received others from the Berwiek shire. and Latiprkshire rlegitncith of Militia but as they Are 'oVecisely - his Royal flightless: ,lifts not thoughtit necessary to'order them to be referred to his 'Majesty's baw Sereants, for their `opinion upon them. I nut, &e. ~, ( Signed) Stomotyrn. Ifs Royal •Ilightte.s . 4 the Commatide ' alt C.hict'► &c. Cott) , a a (.1112111 , Ar Luttet,l4lrov , 4eri by the Aeljatnnt, (;elll.- ' nil to rt) , '; General ()ilicerb cobuttombitg eAt Brittti tt (4itati!., 1 :111 .!;,10)ary,1R13. have received the Chintwindij iu ('!lid's cOin tnantis to tran..ihtit tip yoh the cnch,,ed Copy of as letter, which he hits received flout the.Steretary of. State, cohreying the opinion of 1 . 16 . Maiesty's Principal Law Servants on the claihtitreferred hy serving eS Subs titutes 111 feginneuts of Ati(ilia of NOrtli.Britain. • l'he Commander in Chief had lioped, that the levy clear and . decided opinion which yvitS'giVen on the claims of the soldiers of this description in the Circular Letter, which, by his Royal High ness's direction, 1 had the 'honour . of addressing to you. on the 12. th of November last, could not have failed olconvincing them of , the error under which they weye acting ; and he cannot butpoli serve on the irregularity of their cOntrue(on the present occasion, in having passed by their Com manding Officer, and having addressed themselVes immediately to. the Prince Regent. His Royal Pigliness,however, derives thhi satisfaction ir,om' .the irregularity of their praceeding, that, in the • first place, they. 'dill perceive that nti considera tion is allowed ta intervene, or impede, the exa mination into - any claim 1)1 a soldier, however er roneously founded, whenever it is ;tilted in terms consistent with discipline, and there arc grOttuds to trust it is urged +I ith a perstihsion on the 'part' of the claimant,that it is a legal and a fair one ; • and, in .the second, that this • gnestion, , *hich has for some time agitated the tnimls . of the per-,, sons concerned, will now be finally.deehled by the' , highest authority. trosmitting - hi you this docnment, I atr) di tected to signify to you the Commander in Chiel's ‘ comiumids, that you immediately commit:li:lie ; .theltam'e to the Officers in' the corumand,of ruents of North 41ritish in the District under your eommand' o und that you At the same.time 'signify. to eta his Royal Righnes4's expectation, th a t thqy will personally -eiplitin to their man the result of the reference which has been`matle to the Crown Lawyers, and impress' on. the T 1 ini! of each, iodividtuki. the confidence , which the Com matider Chief entertains, that they will con . - tinue, to the legal period of. their military ser vice, to perform their duty as faithful ' and ()be.; diem soldiers; and it will at the time he highly necessary to explain to them, that, if, after the fair and indulgent investigation w kit ,has been given . to this business, any soldior shoultl, allow hintsellto be so far misled, as tonake,4ll4 vroneotts and unfounded claiin tin cause of any proceeding contrary to his ntilitury,thtty iiott en gagement,i, he may be. ass:nett that the stmie'Wilt conshlered kAtuyst grave then t: against' tth ciptitte, Met with all the rig Our: and severity :whichinn offence 'of tbar nature, Under such aggravated ciretunstatre6,•wOulddemand, I hil.ve the 'hontinr to be, YOUr. Very obedient, litunble;Scrvant, 11.1attv CALVERT', Aaj, (Jen. (Sitoe4l) rEittwapnn MILITIA , • OPINION OF THE ATTORNEY AND SOLICITOR• ' GENERAL. • ' (COPY,) r 1 1 ‘1Y LORp, Lincoln's Inn, 13th We bad the honour to' receive your Lordsliip' Letter; dated 2tl January, 1813, transmitting to, us a Petition addressed' to his Rojo.). highness Prince Regent, by several persons serving as sub stitutes in the Royal Perthshire Militia, claiming a, right to their discharge at the expiration ;of five, .or at the:mOst; ten years service, and !le siiing*thaf,we- would take the same into ;mine diate consideration, and report to your Lordship, for his Royal Highness's lamination, our opinion , thereon. We have accordingly attentively considered the contents of this Petition, ',and the Statute of - 4.2 pea, 111, chap. 91, therein referred to, and parti cularly the several sectioms which the petitioners appear to rely upon in support of their claim of a limitation of their service to a period of five years, or at most of ten year ; and we are very clearly of opinion, that the claim of these petitioners. is totally groundless, and cannot be complied with, without a direct breach of the postive provisions of the Act of Parliament, - The inistppreheission of this subject •seenvi.to have arisen front not ad verting to the clear line of - distinction (basest by the Act between the ballotted man who serves by compulsion, and the substitute who serves by his own engagement, .and receives a con3iderable bounty, the, period of service for the balloted man being expressly fixed by the 35th Sectiem of the Act, and the terms of the - Oatli which .he is re quired to take, to the space of five years; whereas, by 'time Section immediately following (the 36th), the period Of service prescribed for the substitute is " the space of five yeari, and also for such fur ther ti ine as the Miiitia shall remain embotlied;rif, within the space of five years, his Majesty wall order ami d direct (as it is notorious he HS (10110 the Militia fir whi'Cli such man is enrolled, to be 411%1W11 out and embodied," agreeable to which Faint of Oath is given to be taken by the Snbsti:- ' tote, ilifferent front that of the Ilallotted Man, which ire engages to serve in the' Militia during the term of five years, " or for such farther time as the Militia Shall 'reinain embodied'," if within„' 'the space of 1 . 1%*6 ye3Vl ilk Majesty shall order the Militia to' lie, drawn out and embodied, ualess he should he sooner discharged,' construe this Section - as limiting the service of the Aubstitute, when the Militia is embodied, to the 'saute period as the service of the ballotted man, would be to reject all the Words in the 36th See tion, and of the Oath which follows it, extending the service cemditionally to a farther period, and to Av. the saute meaning' to both 34th and 36th Sections, which are thus pointedly conttitited with each other as to their different objects, The other etitistruction of the 36th Section 'aimed at by the petitioners, by which the lithitation of teu years is supposed to be given to the Substitute's period of service, is an attempt to introduce anew term into the clause, tor which there is not into'sy part of it the leastauthority. The truth is, that Ole dnratiol of the service of the Substitute is neither confined to any definite;period of years be yond. five, nor is it'absolutely unlimited, beet it is made to depend wli6olly op a cotaingency, ,nainclY the continuance'of the embodying of -the Militia by his Majesty's cottunand.--;-If the Militia• had not been ordered to be embodied within the pre-, scribed period of fire years, the Substitutes ser'- vice would have, ceased, as well as that of the bal lotted Man, at tire end of the five years from the date Of his . enrolment;` but Such Order:having issued, the Silbstittite is now bound by the ey= preSs.words Of .the Aet of Parliament, and of his Oath, to serve as hing`tts' the Militia' for which • he is cm'olled shall remain embodied, and no longer. The meaning of the Act on this subject is So elk:arly and pl,tilily expressed,, that it admits not of the least doubt, nor is there in any part of r the'Ae any clause which, rightly considered', in the smallest degree militates or barrio es With-this crinstruction. The Seething relied upon in'tlits pe tition (all of which We have tittentivelyA.cad) are perfectly consistent*Withit. Some of theta have' in, reference whatever to the duratiort of a Sob ititte's !q!rvice, sneh as Sections If), 32, 37,.88, 95, 61, and 143, Thes9th, Kith and 132alclanseli, in' which the discharge of the Knbstitute is men tioned, and a power given' to inflict, by way of • punishment, an CNICIISiOII of his service, .vva.:ch the petition states' to rehder the limitations con tended for indisputable, atford no such inference on the contrary, these elauses•tvill be found per fectly consisteut with the construction above gis,co of the Act, as to the true nature of the limitation of a Substitute's service. The fallacy of the argument used in the petition arises fron► not considering that the Act which passed i►t 1802, necessarily provided for every case which might arise its well in a titue of peace c 1.4 of war, when the Militia should not be, as well as Nvhen it should be, embodied, In many events which .might have taken 'o'l6: (as bas'bevn already stiewii) the Substitnte's ser vice might hive terminated at the entl. tit ,years, and it will terminate, ti 3 to all who have serieit their five years, wheneVerthe Militia ceases 'to' he embodied, except as to any Substitute who may for any is,Tence; have been sentenced to serve for i(mOre extended period. 'There is therefore no inconsistency In any of the ; provisions of the Act; nor does' it follow that. be .catiserthe service of the ,Substitute is not limited to any definite period, that it is therefore wholly untiinited,'and tilbuitting of hapoil`sible extension, unless eXtended as a punishment fortransgression. 'he service, of. the Substitute, thOugh not 'butted by timc, is limited by events, and, tilt those events ta4c the service cannot' be . discontinned without the peril of incurring a Oiret viuhitipa'of Or LOA' , l 'e.wave written our opinion thus at large On Subjca, not from any difficulty or d ou b t rea lly , , belonging to it, but rrom the great importance of obviating any possible misunderstanding respect ing it. We have, 84:',; CSigueo Tito PLIY MLR. GAIIKOW. Rght f toth Lgrd Viacuttia Sidmouth, Ittc, NvILIJA M AIVAII"Eit SCRIPPS, Soot))lolton-sh, I.(jNI)f)N: Piloted I,v iv(jori, of No. 119, Strand ; told l'ublisbuil At the SUN ()I I.'llt, No. 112,, Straud, where ildik-rlisoneatv„ firder s tor the t aper , Leiters for th e Editer. 3(l' ty.rfor- '" ► "s sort THE SU'. SPNACP.IIIIII IWONAPARIV., Ma. ERITQII, not my wish either to waste your columns or the patience, of your readers, by any unneces sary obiervations of tny own, being well convinced that if they would but take the trouble to read the following extracts from Bishop - Newton's " Dis sertations on the Prophecies," and part of the tenth chapter of Isaiah, they,would acknowledge, that had this part of the prophecy been intended to desig hate= the annihilation of Biionapai•te's ar my in Russia, and that monster's approaching downfall, it•could not have been. rendered more truly prophetic. I am, Sir, Your very obedient Servant, A LAYMAN. "'The ,prophecy of Isaiah denounceth the judgments of Clod against Senacharib in particuhr, and against the Assyrians, in general. 0, the rod y! mine mater ----or rather, s true Assyl'ian, the rul ry' mine anger,' —x, 5. God • employ theinas ; the ministers. Of his wrath, and executioners of his vengeance,' and so make the wickedness-of some nations the means of Cor recting that of others. Put it was far from any intent of theirs 'to - execute , the Divine . Will, or chastise the vices of mankind ; they only meant to extend their, conquests, and , to establish their dominion upon the ruin of others. tiowbeit he incaneth not so, but it is in his heart tc, de stroy and cut off n;itious, not a feW-. Where fore, . when - they shall have served the purposes of Divine Providence, they shall be severely punish ed for their pride and amhition, their tyranny tart cruelty to theirneighbour s , therefore it sietH come to pass, that when the Lord hath performed his whole work upon Mount Zion and Jerißalem, I will punish the fruit of the stout heart of the King of Assyria, and the glory of his high looks "-- V. 12. • ".'There was No prospect of such an- event, while the ASsyrians, were in the midst of their saccesses, and triumphs,: - but still. ti:e word, of the Prophet prevailed ; and it Was not long urt2r 'calamities brought upon the Jews, that the Assy rian army, properly so called, was overthrown and NineVah destroyed," Wherefore, it' shall eom6to pass, that when the.Loed bath perfotnied• his work upon Mount ZiOfi, and nn Jerusalem, I will punish the fruit of the stout heart of the King of Assyria, and the glory of his high looks: ".For he said), by the'strengt`h of my hand I have done it, and by my wisdom ; for I am pru dent, and I have removed the bounds of the peo ille; and have robbed their treasur.'s, and I have pitv.down tile inhabitants like a valiant Avid fly hand hatb. found as a nest the riches, of the people : and as Tone gathereth eggs that are left,;haye I gathered all the earth ; innd there was mine that moved the wing, or opened the mouth, or peeped. - • Shall the axe boast, itself apinst him that hewetla therewith.? 'or Shall the saw- magnify it self against him tl;nt shaketh ? as if •the rod should shale itself against him that lift it up, or as if the staff should' lift up itself as if it were no wood,. Therefore shall the Lord, the Lord of Masts, send among his fat ones leanness; and under , his glory he shall kindle a burning like the burning of a fire. " And the light of Israel .shall . he - for a fire, and. his Holy One for a flame mid •it shall burn* and devour his thorns and his 'brlors in'one day ; • . 4 c; And the glo r y o f biit or e st , an d of his bertittiful bill shall be consumed from the soul even to the SirAtt RIJN AWAY TIII4OE`III I'EAR.* " And the rest of the trees.of his forest shall feiV, that a Child may Write them. "..Behold the Lord, ihti'Lort,t of'llosts Shall lop the boueli with terror and the bily,ll' one of stature shall ;tie thrown. down, and the*baugh ty. shall be humbled. ' . And be shall Cut 'down the thickets of the forests with iron;' and Lebanon shall fall by a mighty one,7—hazah 10. *Thi, verse i..i arcorilin . g to the, Douay Translarion.—in the Oxfor4 and t.fainitritige versions III:. vert.e rout tints : ~ 4 And shall eqt,tinie tite . giory ofin, fruit, alid of hi; fruit ful tit Id, out li ;ititl 1.114.1 body, ;4ni.l they slmil be w when a si;tittl<tul heii.rer fainteth. " ritOM LONDON GAZETTE, JAN. 13; • IiANKRILI,JIvI CI LS SI PEILSP.PhT). , Tlmma3 Ilabbei Scott, St. Mary -at-hill; anti Thornhill, Halal p stuire, wiac and brandy-merchant. • I I enry Landon, Bill. t er-lane, wine awl brandy •merchant. James Childs, thiliter-lane, wine and spirit -met chal.t. DIVIDENDS—At Jan. 30. G. iVetenball and C. Crouch, late of Oxford-street, limn-drapers, at eleven. F, h. 27. A. Rayner, late of Gray's Thttrrock, Essex, 'soap , at eleven. Jan. 43. Jorilan, }vine-merchant; at tvn. .10). !J, G. Gutdiurr, t Joust-street, ironillioaKer, et one. Fc'd. (1. NVerren and 1 Smith, Austiu-friaN, met elLants, at cif:vett. March a. W. fierily and R. Gardiner, Che Z,yide, ineri.Jhants, at twelve. Feb, , 27. R. Dowding, Wapping-mull, cooper, at. eleven. `Feb. S. Wish!, SaliShiity, linen-draper, at eleven. Brown and J. Forrester', Savage-gardens, wine . merelimiti, at tea.' • t 3. T. Clive and S. Itichurtison, Tolienhoase-yard, mer chants, at eleven. Jan. (23, RAlnglies, Poultry, jeweller, at t en; Feb. 13. It: Reddish, it Jaints's,-street, vine -merchant, at 1. Feb. 12. It. Petchell, Kingstonlupon-Ilitll, wontleit-draper, at, eleven, at the George Inn, Kingston-upon -Bull, Feb. 12. W.'Green, Kington-upon-HUB, druggist, at eleven, at the White Hart, Kingston-upon-Bail. CERTIFIC ATES--Fen • 9, • S. Battier, Aldeburgh,'Snilolk, carpenter. .6, Pitt ti , late of t.ho Strand, wine-meta : m t. T. I ,arbv, New tiartim, Wilts, 3. smiler, Bow-lane, 'warehousemen. tic, n,:rslC'ill .stri,d, s p i t a l -delik, Prodsliam, Cheshire, apothecary. A. It. L, flarrisoh, Wavertreo, near Liverpool, joiner. of Penchureli-street, mereliant road, silk-ni ercer. 4ilk,matiu fact ttrer, IL [lola, Noitharoptint,imire „jeweller. G. i iinn . e Wa e l t i t, "le ‘ i' V elnt (14ire;1 tit. II London, mer c h ant.. ,on-square, bmiltier; • F arn day, Birmingham, dealer, •I). Fowler and A. Anstie, late of Gracechnrch-street. I lIC,tI WATI'lt Al ()NPONI4IIIO6I iniliut?s Biter A. Ll:veiling, 20 mii • iittvi after a UN ITBDrstATSt. • - }OUSE OF' nt PItESENTATIVES, Mr. TALMADGE t o the :Secretary Of War. tt/iePoit a itatenien expenditure of D. 20 V6OO, "Which 11.11 prt.priated for procuring firtllS 'and equipmentt the militia. Mr, HArtPtlt Mover to refer-the subjec t Resolution to the Committee on M itary This Motion was negatived, .aid Mr. 11', f to nuitlge's Itesolution was agreed to—AYes -Noes 3.1. On Motion, the House 'resolved itssll.in t° ll etuntnittee of the whole,. on the R e pOrt t . Commit tee,of %Vay -and Means-- Mr. in . the Chair. Mr. RICH ARbsi: spoke at fiomp length ill fal l/I t of remitting the hnes and petuaties incurred sundry importers ``(merchants and oti:ers) for ,r fracting,, , :he Non -importaton by import ! " s.undry 'British ma nufaettires. replied to his I - lon • Fr ales ! Mi.. Cheves, on the several points in which th" opiniong-were• variant, and c o ncluded by Resolution- he intended to tthinit to the u ofl tee if the Resolutions under debate shOuldh .z .. a ` gatived : it is:— T fines hnt thy and penAt.ics incurred 1)0 Left; t United States, in con,eqii uvce of the .imporl, ifei!,i ,!, Xll nntiiciiir,:.; since ti. . of June List , on g; e m l a w d i e or p tt Tli t e o l t ' i ; .c°? pht t vi . . 2; and Voin;iii ati other eases, payment of - 1 1 1 e f.n• lc' Nil es 4;,l::ht t enfo'vea, Ir. At' favotir Of remitting tr s 1 1;1 1 . feitures, &c. though he had always, ' and A' . " ap! rove 01 the t m t 'e ee ruse ) 'trictive ' ?) . .ttii '.) I:e!' i i' ed leave to apiu , and The fivie.e till eleven o'cl ock morrow. Prf 0: - L . V:asoirto \Tr. dellt and I)ir;2.-tor s of O. oistrict 4 ; etAlunbi'a. oOti4e niation of s r. • „ ,11 'ftii:hooottionsnbinittqa by-_ Ir. 1t'1')39,1 the presentation of a giild Meital to C'tP t ' 10 for the allowance of prize-money • t %.0 (dithers and cre w o f t h e fr:gate Conslituti" 4l ' t 4 reconimitted to th e Na va l' C om mittee, purpose of having the smith. incorporated In Report to made upon the cases of. C3'Vt .rjeaatur and Jones: • A Message 'WtlB received from the Presi(la t ' d i d tifying approbation ' the Act to incicL"' l ,ll , , pay of the army—and the Oct to supply tor' ciency PI the appr o p r i at i on . m a d e by the A ct the calling out 100,000 militia. • The Muse resumed the consideration ° t o cport of the Committee of the whole 1 1 " ° , 6 0 , , the Report of the'Committee of W a y s and .‘i c ' on the subject of the Merchants' Bonds. , ct rile I‘ii.BAcox moved to posipone the saki , Wedn6sdity, which teas negatived. Cycning A melancholy circumstance occurre d " i ;._-31r. lir Mill near 4Y l ` ° , ll S' Spoug having retnrned from ta le Quavt c ' --° at 'Maidstone, in his nue-1461 e clati , s e '„'",il 7l N servant (a voting man 'about 14), 1 15 "" -11 1 ,0 1. reins at his (mar': the youth, it appo rs ',l " : ' ..ic (l terwards . so imprudent As to venture 11/ T ; -1 :61110; MCdway adjoining, for "the Purpoi e t v rel , * the and chaiie, when, slw eld ' g.7 ` ) the animal and ,hin l sW.,,, vere d r iven 1 A 0vv „ 11 , r io r6 ver hy the current, and btith &Owned. 1- v oiiil - was fomul , in an upright posture, a nd ti le ' h al 11141 A Pickcil up some distance below wliege!" tastrophe happened* „ ,• BREAD.—There is no alteration in thePrlC",d . On Sunday se'nuf..ht, the, Lady of Major-Gen-era! ~ cir,,Do , - of a Soo. 16 , On the 17th ins.t. at Itiri h?ttgu Lady of Cavtalu G. Seymour, It N. of a Doughter',.. l „CO Lateiv. at Leans , in the Coot t• • f Kild ar e , Lia)''''' . . , 1 1 4 .) of a Daughter. ',, 1 in New Notfolk-stree.t! • • . ARRIED. nn ~ztur.lav, ut Esiex, Mr. W. golf' 4.1,1eit lona Air. W. De acon ,S tko Coffee Mart , f ib , stt. , et, to Miss Surall Altik Firtniti, only olnugiltr Mr. It. Pirmin, nod neice and heiress to the late. EN. of 11.1t1,. • tto . Tues4.l.4.y. Elthatn; in Kent, George Rob i ns.) of Woolwich, to Eve, ft' o ,ie former p(ucrr. 0 . I negi OP DI ED.. ~ . n Lty Morning, of ;in nstiona and drary, i i ad,lo Vrel 1 . or Lis zig, 51r. Jaine..Str e r v l l , a cluccic) I' Ships at MANct. NeypitAle Snoilvriand t Cilj tart • . 475. g'i. t " 6 , 3 . to COAL MA it E. 3AN. 2(). Skips sold. PRICE 01 s YESTE,IWAV , T.l;4i S i ea stcku, (`i;l Ann. CO at j Si. Ns, pr. o:l4ium, t. pr. 6 04 imperial 4 9 ,_" 1 C. for at;th .• ••• • • Navy .3 per Cent. 90 s.9il Iri-Ii •i p , !l Crnt. 4 Fur (:cut. :3 per t'ent, pr C.‘ Rank L. .1.11,. 7-1;;L1ti ItyLt Al E ' rEOROLO G MAXEIt, 1,0 By R 3 .1 N K S, ‘ v e. , l otr' Tb e °meter. ~--- - 1 r. vitor-stitmi . j, I - 0.68 .94 .8i .84 .65 :ee .80 With Mo 61) 'CAL J.O UR5"..41,. colt' .17 * .33 ilk), 3, at) Fair IP. C It tl Rai clay. Do. co; cot