The Sun. — London, England, 1802-02-08 00:00:00

NA L NEW Fr-xl the 40NDON GAZETTE, Fed. 6, 1802. 4dmiralcy-Oiice, Feb. 6, 1802. Extrad of a Letter from Henry William Bnyntun; Esq. Capialit of Ills Majesty's Ship Cumberland, and ,Senior Offcer, for the time being, of His Majesty, ,hips and Vessels at Jamaica, to Evan Aegean, Esq. dated at Port Royal, the Ilth of October, 1801. A brill ant little exploit was performed the other . day by two boats of the Lark : A copy of Lieu_ tenant Johnstone's (Ole aiding Captain) Letter on that occasion I think right to transmit ; at the same tits to remark, that Lieutenant Pasley has, in many instances, performed the like. Lark, Port Antonio, 17th Sep.. umber, 1 2SOI. my LORD) I arrived in this port yesterday evening, having quitted my station on Tuesday last for the purpose of landing some prisoners of war which we took in a Spanish Privateer Schooner on the night of the 13th last. We had chased her the whole of the afternoon, close in with the Cuba shore, till dark, when she took shelter within the Portillo Reefs: I imme ' diately sent Lieutenant Pasley with the yawl and totter, Mr. M'Cloud, Midshipman, and sixteen Men in each. About half past ten Mr. Pasley found her at an. chOr in the place he expeaed ; she was waiting the C attack in readiness, which she commenced by a dis_ charg e from one nine and two four pounders, w s everely wounded severa l i n each boat. hich Notwithstanding, they boarded, and after a short but severe contest, they carried her. She proved the Esperauce, from St. Ja g o, which port she left On the ISth , of August, and since that time had taken the Eliza sloop-and Betsey brig belonging to Kingston. She Was commanded by Joseph Caltie ; and from the best accounts I have been able to col_ left since, she had on board, when the ;talon Com ! It enced, forty.five men, twenty-one of whom were killed, and six Wounded. The Captain and all th e Officers were amongst the former. JoOn our part we have to lament the loss ofohn nes, c oxswain of the cutter J t , who was kd earl ledih un e anion, Mr. M'Clouti and twelveill e seameny tvded. . I have been able to land the Prisoners under the Security of the garrison, having promised to take them again on I 1 hug On Iny Way to Port Royal. And I am much indebted to the Commanding Offi cer, Major Cod j of the 6oth, who has had the good ness to receiVe, under the care of their surgeon, ;At. M i Cloud and four others, who are t h oug h t to e il b l e the most dangerously wound e d ; I shall sail Im di ttatitinatelyi and l ose not a moment to regain my I am, my Lord, &c. (Signed) J. JOHNSTONE: ..........,,",r,.... . PlymolitH ; FE ti. 6. 41"ttOtZt. the fisgazd and A me li a f r i gates f rom *Cruite. Sals iled the ir;e,7d.fhcb Cart e , j o h n , and Aiiive, three , With French Prisoners for Morlaix. Sailed the Prince M S George', illognincent, and Zdper t a f Wars and Blanche Frigate, for Torbay. PORTSMOUTH, FEE. 1. Tit t 3 day the wind shifted to the Northward, St. Hel en ' s, and th e following Ships s ail ed from Spithead and . viz. Temeraire, Admiral CA MPBELL, For . nsidahle, Resolution Vengeance, O r i on, Majestic, and Theseus Ships of the Line, Desiree SlooFri gate, an d Morgiana p, for the West Indies. Barfieur, Admiral r ......OLLINCWOOD, Glory, Ce,.. Mkilta, Achilles, Canada, and Doris, for the -Channel Fleet ; Seagull, for Plymouth. ::Sailed also, L'Egyptienne, Diligence, Good De sign, Hound, Autumn, L'Africaitze, and .4/o n for t h e D owns, to be paid off. zo, Also the Wainer Castle, Canton, and Thames, for t h e E ast Indies ; George, BOYLE ; and Hero of th e Ni le, —, far Lisbon ; Jamaica, Madei ra and Jamaica ; and Per/eI 4S for , DAVISON, f or totany B ay. This day passed b Downs y the I s l e o f Wi ght for the In E ze i A nn , and Duke of Clarence, f rom dia, and lithe Caledonian from the South Seas. FALAir)UTH) FEB. 5. ARRIVED yesterday, His Maje s ty' s Ship L'im morta/;te, of s 8 36 guns, a n d Hunter Brig of War, of guns, GEO. JONES C ommander, from a Crui z e from be Leicester Packet, S TEEL) from Jamaica, last Dartmouth, wher e s h e landed the Mails For England ; the Swedish shi HoFF, 3o da p Patrioter, Capt. y c STEIN_ s tores, called here S ‘ ro rn Norfolk, l a d en w i t h nava l Capt. RICHARDS for ord ers; the sloop Friendshib London ) in t h ree weeks from Seville, for ; laden with fruit, put in here having lost her bowsprit, &c. Ntitved this day, the . - . AI UDGE Queen Ch ar l otte Pac k et, , 44 days from Jamaica, wi t h M a il s f rom thence, Barbadoes, and Martinique. Sailed the American Shi coffee, p y ean , () DIAN, w i th sugar, & c. for Amsterdam, last from Port au-Prince. Arrived lest eveni n HARR g, th e S p i der Schooner, Lieut. ISON from a Cruize. The outward Packets, with Mails for Lisbon and the Leeward Llands, are still detained by contrary Passthgets pct - the ueel t Charioite—Capt. M. TIMER, Mr. BEtiSARIUs, Mr. LEVY: SHEERNE6S, FEB; 1. "Tr.stzRDAY sailed for the Downs, the Confia Gun brig, and Boxer for Yarmouth. The Minotaur came into Harbour, and the wind permitting, proceeded up toChatham to be paid off. The /sir went out of Harbour. This day sailed for the Downs, the• Sophie Sloop of War. Arrived the Crash Gun-brig frdni YarMouth. HARWICH, FEE. 7. Tx is morning the Prince of Orange Packet, Capt. BRIDGE, arrived front Helvoetsluys, with the Dutch Mail of the 3d ; and this afternoon the Prince of W a l es Packet, Capt. HEARN, from Cux haven, with the Hamburgh and Bremen Mails. The Earl of Leicester, Captain ThomrsoN, with the Dutch Mail on board, for Helvoetsluys, and the King George, FLYIST, with the Hamburgh and Bremen Mails of yesterday, are detained in Harbour by a strong wind from the North East. The Argus Revenue Cutter, Capt. SAUNDERS, this morning brought to the Custom-house ware house upwards of 4.00 half.anker casks of geneva, which lid captured on the Suffolk Coast, with a large lugsail boat. DEAL, FEB. 7. ARRIVED His Majesty's Ships Santa Teresa and La Minerve, with the Resource, from ?ortsmouth. Sailed to the Westward, His Majesty's Ship Ajax, Plymouth, Dispatch, and Regard, Navy Transports ; and the East India Company's Ships Marquis of Ely, Aln wick Castle, and Lady Burges ; the latter arrived yesterday afternoon from the River. And this morning arrived from the Northward and re main, the Gannet Sloop of War, and Cmlia Gun brig, DOVER, FEB. 7. A French Passage vessel from Calais, coming into the Harbour on Friday night about twelve o'clock, through the darkness of the night, and the he: y gale of wind that blew from the South, struck against the Jutty Head, with such violence as to stave in her bows, and, she instantly sunk. She had many passengers on board, who fortunately be ing on deck, got on shore,.but with much difficulty, and at great risk of their lives. A Foreign Messenger who came over in her, lost his Dispatches, and much of the baggage washed out, and was lost. Among the latter, it is said, were some boxes with considerable sums of money. YARMOUTH, FEB. THE Ann, CLOSE, from Blyth to London, is put with loss of anchors. At day-light this morning a large Brig, supposed to be a Collier, was discovered to be on the Cockle Sand, off this Town : she disappeared about ten o'clock, and it is feared all hands perished. On the 4th the Providence, of Lynn, BLY TH mas ter, from Chatham to Blackney, in ballast, was run down about four miles to the Southward of Cromer, in eleven fathom water, by the Elizabeth, of North Shields. The crew with difficulty got on board the Elizabeth, and were saved. On Friday a letter was sent to the Commissioners of the Navy, announcing a donation of 'O,OOOl. to Greenwich Hospital, and the same sum to the Chest at Chatham. The author of this princely donation signs himself A Friend to the Nacy. He is un known. The money is to be paid, we hear, through the Banking-house of COUTTS and Co. The Lisbon Mail of Saturday .brings some par tial confirmation to the report which has been in cir culation for some days, of the dispersion and loss of several ships of the Fleet, which sailed from Brest for St. Domingo. La Duquesne, of 74 guns, Citizen QUERANGAL, and La Cornelia, of 40, Citizen VILLEMANDRIN, part of this fleet, and full of troops, were separated from the Admiral on the 26th December, to the northward of Cape Finisterre, and put into Cadiz on the 6th January. On the 16th ult. a brig arrived at Oporto from Baltimore, and reports that, or. the 3d. in lat. 23. 5. long. 30. 8. she saw a ship of the line under French colours, with her masts by the board, and in great apparent distress ; which was further expressed by signal guns. The brig endeavoured to approach her, but the sea ran so high, and the wind blew so fresh, that after devoting several hours to the attempt, she was obliged to relinquish it. The Mi/brooke schooneri which arrived at Lisbon 21st ult., from Gibraltar v mentions a report to have prevailed at'Cadiz, that,Aeveral ,s 4 the Fleet had been lost. . , Letters from the Ca car, of 84 guns, Rear-Ad miral Sir JAMES SAUMAREZ, dated Gibraltar, the zzd ult, confirm the account of GANTHEAUME hay passed the Gut on the zoth ult, with four Sail of the Line and two Frigates, and that the Rear-Ad miral had immediately , dispatched the Warrior, Zealous, Bellona, and Defence, of 74 guns, to ob berve their motions, though it is supposed they were gone to Cadiz, to be joined by some other ships. L4J P EPORT, COURT 8F KING's BENCH, Fit. 6. VIE KING •z). IeLEOD. THE Case of the above Defendant is not so im portant in itself, as the matter is, whiCh is involved in it, from the turn which the discussion took ; but which ; in that paint of view, is extremely interesi.:. ing; for which reason we shall enter more at length into the Report of it, than the Case would of itself have otherwise required. - The ATTORNEY GENERAL stated minutely. the Affidavit of the Defendant, on Which this Motion was grounded, and upon whkh Motion, a Rule was granted calling on the ATTORNEY GENERAL, to shew Cause- why the ri L elerklantld not be at li berty to carry down the s kecordi of these Informa tions, which had been fried against him, by Pro viso, in order that they might be tried, &c. on the ground of its being delayed by the Crown, to the oppression of the Defendant, who had already had three Notices of Trial, and all of them counter ni:o and the necessary expences of his prepara tion for his Defence having exhaued his resources, and reduced him to the extreme of poverty, he be ing now obliged to subsist on the Prison Allowance, &c. The ATTORNEY GENERAL observed, as he went along, that the Affidavit of the Defendant was drawn in a way that was calculated to misrepresent the cause of his detention, for that he hadstatcd one of the Libels charged against him, as being a com plaint against MartiA Law in Ireland—whereas it was a publication against that system of prudence adopted by the wisdom of the Legislature for the safety of the State, and without which there would have been no Law. The other parts of the Affidavit were drawn with a view, obviously, to introduce topics of declamation upon sufferings, which are the unavoidable attendants of (ladled guilt—but which, sometimes, succeed in making an impression on some thoughtless People. • Having gone through the whole of the Defend ant's Affidavit, the ATTORNEY GEN'ERAL proceeded nearly as follows : . My Lords, although I am non'obliged, in the exercise of that which is undoubtedly part of the legitimate function of my office, the charging of men with Misdemeanours tending to excite Discon tents, to account to ; thisGentleinan, why I have aced as I have done, or to assign to him, or to any one, reasons for postponing .these Trials, in as much as I can account to myself, for reasons that are satisfaCtory to my own. conscience, for every thing I did in this case, which reasons, hope ) would nor be satisfaaory to me, nniess they were such :if; would satisfy every moral mind—and, pro_ . testnig, as. I do, against the right of demanding of me any account whatever of my. conduct in such ce:,es, and insisting, as I do, upon my right to de mur to any compulsion to account for my conduct as a Prosecutor in these cases, I will, nevertheless, state to your Lordships the. reasons, which the De fendant in these Causes ) and those who are connect ed with him, know to be the reasons, why these Trials have not come on at an earlier period.— They were to have taken place at the Sit tings after the last Trinity Term, in the usual course of Trials before Special Juries, at Guildhall. There was a Witness whose evidence might have been material, although perhaps not absolutely ne cessary, who by an accident well known to have happened, was for a time disabled from attend-' ing upon these trials at the Sittings after Trinity Term, consequently the Trials were postponed until the Sittings after Michaelmas Term, the notice of which, together with the reason for it, were duly given to t his 'Defendant by Mr. Wit trE, the Solicitor for the Treasury. The Noble Earl to whom I allude (Lord CLARE) to the great loss of that Country in which he so meritoriously aeted, is no more. Here I should state to your Lord ships, the situation of the Defendant, in or;?er to show that he has not actually sustained any •incon venience in consequence of thiS postponement of his trial. He could not have any anxiety to be relieved from the apprehension of,an ignominious punishment, for he has already stood upon the pillory. All his Witnesses live within the boundaries of the capital, as he has stated in his Affidavit, and from their station, it is not probable that they would -take the tlligle shilling which usually accompanies the Copy of the Subpcena, but I really ought not to consider these things; if they be hardships, they unavoidably attend conduct such as the Defendant has pursued. The Learned Gentleman (Mr. SCOTT) who sits behind me, having occasionally asked me questions upon these trials as to my intention of proceeding, knows the disposition of my mind upon the subjea , as well as :I do myself. • At the Sittings after Michaelmas Term, there was, we all know, such a load of business as made it quite impossible to go through it ; Many of the Special Jury Causes stood over, aild there is now a large reserve of Remanet to be tried of them. Why then, I was to consider what was best for me to do ? The was already a Prisoner, he would not- be detained an hour in custody longer on account of the postpone ment of these trials, for the time of his present sentence will not have expired bcfere his trial shall take place, after all the delay he causes to complain . of.—He suffers no anxiety on the score of apprehen sion of an infamous punishment, for .that he has already suffered by standing in the pillory.—He has no expense to defray on keeping Witnesses in town, for they live in the capital. As to all ex pences of Counsel, we all know how gratui tously that is had in Cases of this description ; nor indeed can there be any Witnesses on either side whose evidence will be very material to the issue, except those who, on our part, will prove the publication. ~On the other side, I will 'venture to say, before-hand,, they will probably be called for the purpoSC of introducing topics of declama tion, and to •give an opportunity for the further circulation of the mischief of the publication-- Nor do I believe that one of the Witnesses the Defendant has subpoenaed will cost him a single - penny. So stands the case upon the score of in convenience to the Defendant. I was observing to the Court, that at the Sittings after last Michael mas Term, a great reserve was made of very im portant causes, Many of which were pressing in point of time; Masters of ships, and other.persons - : gOing abroad;` the eYpenee of ttetemion het: enormous, a vaiiety of transaCtions on the affairs of mankind, and •, - ,'hich, 7 t) , )tight entitled them to a precedence to the trial of causes, and they had, it. -So that Chese causes stood to the adjourned. Sittings at Guiniall• beford' present term. The Dcf:ndant's . :affidavit su4-gests somzthing as if these trials were fL.:ed and post_ polled without a communication with - the Learned ju!ge. The fa& is, and it is 1). - A - fe.61.1y familiar to us all who attend trials at Nis; Prius —we know that' arranjement. of causes is suggested by a very iatelligenti, °dicer who accompanies his Lordship (Mr. LAW -r Eli, Clerk of Nisi Pritss); which at%. rangernt!r‘t is communicated to his Lordship,' who afterwards sanctions it, nor can it have any ,effea without that sanction. According to that arrange. ment, these causes were to have been tried before this Term, and at my instance, they were placed tbremost in the paper.for that putpose. His Lord- ship allotted two days for these trials before this Term. It so happened that I was engaged in the trial of Governor Wall at the Old. Bailey.; That trial was once intended on the Friday preceding the day for which it was afterwards api.-loimed; it could not then take place, far reasons which I cannot be expeaed to explain; it was appointed for the fol lowing Wednesday. There were three indiaments found against that person, for• three distina ders, which your I,nrdships know could not be included in one indiftinent. ILia that. person been acquitted on the first indictment, it might have been necessary to go into • the circumstances of the second, and inmille third, in "the event of an ac.. quittal of the se& - mtl. There was therefore a pos sibility of more days than one being taken up in the trial of that person for the charges exhibited against him ; and there was the greatest probability that his case would not be over until 'three or four on the following morning. On Thu'rsday, which was the day preceding the 'Fenn, there was a considerablO number of causes which stood for trial. One which had been depending far upwards of twenty years, and the Plaintiff tiad been in gaol for four years, and I thought his claim to precedence to the trial of this Gentleman well founded. Another cause be tween Mr. IN/le7stitr and the East India Company, stood for trial also; the cause was important, and must necessarily have occupied a great deal of time, had the parties not agreed in Court to make a case of it for argument before your Lordships upon a point of law. This Gentleman being in custody, there appeared to me, for the reasons I have already stated; less inconvenience to be sus_ tained by him if his causes remained, than would have been sustained by others whose causes stood for trial, and therefore they had the preferenee, and, these causes remain untried. I have acted upon' circumstances, and have been governed by re.asons, that are satisfanory to tnytteif, and, I trust, satin_ factory. to every other reasonable person. I should not have said so much, had I not known there has gone abroad a number of aspersions ag:linst per.. sons in office, as if we had t-;catedthis Defendant harshly, and as if he had met o:yression from Government. I know it is • essential that the Public shotild not he imposed upon in these matters,. and that they should not be led to believe that any of 17 - lis Majesty's Ministers have affect in a manner contrary to the oath of His :Majesty luniseif, which is, to administer justice in mercy, impartially, and without delay. No such injustice is intended—no such injustice shall take place. This is an attack on the King's Attorney-General, an attempt to render him odious in• the public eye ; the return he intends to make is, to bring the Party to trial according to the rules\ of law, precisely as if no such unworthy artifice had been attempted. And now my Lords, having disposed of the question of delay, I shall proceed to examine • the question of law on which this Gentleman has moved for this Rule. I contend, my Lords, it is impossible for the Court to make this Rule absolute." • Mr. justice Goose.—" Mr. Att-orney, this is not the first time that this subject. has been before the Court, when we put it to .Mc. - SCOTT to con sider, whether or not the case of the King and Dyde, in 7 Term Rep. was in the way of this motion. That case was perfedly well considered. It was given up by a Gentleman who understoOd very well what he was about, and who is not in the habit of surrendering any_ point that is main tainable in favour of his Client. The matter was, therefore, stated to Mr. SCOTT, to consider whether 'he would think it worth his while to - move it, for - the single question now is, Whether the case of the King and, Dyde is law or not ?'' Mr. ATTORNEY GFNERAL.—" The Case of the Oueen and Banks, which is relied upon by Mr. SCOTT, is reported by Lord RAYMOND, and in that Report there is no such stuff as has been stated, as calling on the Attorney General to assign reasons for not bringing the Defendant to trial—but with_ out the Warrant of the Attorney General, the Case could not be tried at all: God forbid the time should ever come when the power of the A ttorney General shall be used for the oppression of the Subjea, as is more than insinuated by this Defend ant and his Supporters. I hope every person con_ earned in the Administration of Justice, will always he able to account satisfadorily for his conduct;-- but I cannot . Surrender the preroga t ive of the Crown, nor any part of the power of the King's Attorney General, which may be essential for the support of that prerogative. There may be periods in which it would be unsafe to bring Criminals to Justice, and when their escape may be attended with the most injurious consequences to the Public. Suppose the times so feverish as that there should be such prejudice, and such other causes to operate, that there could be no rational hope for the due Administration of Justice, that it might be dan o-erous to disclose fads, and the like, until proper preparation was made for their disclosure, is the Attorney General, in such times, to be called on to assign his reasons for not proceeding to trial ? Or, is he -to be subject to captious insinuations if he does not ? Are all the Officers of Government to be aspersed for the time being, if they do not, because discontented men chose to call for it, give every information of the •cause of postponing trial., This, I take leave to say, would he very injurious to the Public, My Lords, I beg leave to make on. observation upon this Case—this application to the . Court is an arrow out .of the :,ame quiver from