The Sun. — London, England, 1812-02-20 00:00:00

JUDGE DOIVNES'S CHARGE. (Continued from our l'apet of Yesterday,) denOemen, the legal qus:stion arises upon the construct ton of an Att of Parliament made in the year 1793, " entitled an eket to prevent the Ele&ion, or appointment of unlawful Assemblies, tinder pre tence of preparing or presenting public Petitions, or other Addresses . to his Majesty, or the Parlia ment." It is not imputed to the Traverser, that lie has been guilty of any degrading, unworthy, or immoral at ; or any aEt illegal, abstratted nom the 'consideration of the Ad" of •Parliamenr, which I am going to state ; but the question will be, whe ther he hes violated the provisions of that Ate. Gentlemen, it is an ad made in great political precaution, and with respell to this aa, like all others; we, who sit here, not to alter, make, or correa the law, but to declare it, are to suppose that this - , like all other laws, bas been made. .upon doe consideration, and upon principles of sound public policy and necessity. ,It is not for us , to op pose the declared will of Parliament; to discuss the anhjea upon topics fit only for Parliamentary de bate, or to set our understanding in competition with the wisdom of the Legislature; but it is our duty to pronounce upon the law, as we find it and feel it ; and even though it may bear hard upon an' individual, we are not to be influenced by jhat con sideration ; but it is our duty to pronouoce what the law is, in all cases Whatever, however we may, in some, feel for the accused. Gentlemen, this is an Ad of Parliament, having for its object, not so much the punishment of the members ot such assemblies as are described in it, as the thus' prevention of the existence Of such assemblies; it is not that a representative assembly. is to meet, and that the officers of the law and the Government are to wait and see, whether they will do any thing hostile to the laws; but-the object of the ea is, the prevention of a representative assem bly, having such objets as are mentioned in the statute, from ever meeting.—lt declares, that if such assembly meets, it is an unlawful assembly and attacks the very commencement of its forma tion, with a view to prevent its existence.—lt does trot do this, upon the notion that such assemblies are always, and of necessity, mischievous ; that they cannot meet without doing wrong ; but it is a precautionary ad, and it recites that the election or appointment of assemblies, "purporting to represent the people, or any description, or number of the people of this nation, under pretence of preparing or presenting petitions, complaints, remonstrates, declarations, and other addresses to the King, or to both or either of the Houses of Parliament, ;Or al teration of matters established by law, or redress of alleged grievances in Church and State, may be made use of to serve the ends of factious and sedi tious persons, to the violation of the public peace, and the great and manifest encouragement of riot, tumult and disorder. This preface of the ace is not introduced, or accompanied by a statement, that such assemblies are in their own nature necessarily productive of mischief ; but that such assemblies are readily capable, when met, of being turned by factious persons to improper or mischievous pur poses, and, therefore, the statute has .declared and "enacted, that all assemblies, committees, or - other bodies of persons elected, or in any other, manner' constituted or appointed to represent, for assuming, or exercising a right or authority to represent the people of this realm, or any numtter or description of the people of the same, or the people of any province, county, city, town, or other district with in the same, under pretence of petitioning for, or in any other manner procuring an alteration of mat ters established by law in Church and State, are-un lawful assemblies. It then prece - eds, if possible, to prevent the exist ence of assemblies, and the means taken are by enacting that, if any person shall give, or publish, or cause, or procure to be given, or published, any *written•or other notice of election, to be holden, or of any manner of appointment ot any person, or persons, to be the representative, or representatives, delegate, or delegates, or to at by any other name, or description whatever, as representative or re ..presentatives, delegate or delegates, of the inhabi tants, or any description of the inhabitants of any province, county, city, - town, or other distrid with in this kingdom, at any such assembly, shall be deemed gully of a high misdemeanour; from which it seems to us, that the Legislature has made it a distinct, and substantive offence to publish a notice of sock inteudecl election, acrd it -equally makes it an otKmce to attend,.an3 - cote, and act at such elec ttoo‘, and it seems to us, that this is a dislind and suostauti:e oence in the parties so a6tiog, the very Moment such election made, •and before the as sernbl y, to which the persons have been so cleated, has actually niet.—The statute then proceeds ro except and provide, that nothing shall be construed to ex t 4 rid- to, or affect elections to be made by bodies cor pot aie, according to their charters and usages, and also that nothing in the ad contained, shall be con situed in any manner to prevent or imp;:de the u,doubted right of his Majesty's subjeds of this ram, to petition his Majesty, or both Houses of either House of Parliament, for the redress of any F bltc or private grievance. Gentlemen, we have already, upon a former oc casion, declared cur opinion, upon the true construc tion of this law ; we have, however, allowed fur titer discussion upon it, by the Consul to the.Tra terser ; and I will advert, to most, or of all the ob jt ct ions, which have been made to the construction given by us to the atl. li has been argued, that any assembly, to fall tiff ir bin the penalty of this act, must be a represen tiohe assembly, representing part of the King's sub jects, and meeting, under pretence of petitioning, and the argument urges, that the meeting, must be under a lake pretence of petitioning. Gentlemen, in my apprehension, that construc tion would but little accord with the provisions and objects of the Ad—the objection is founded won the meaning of the word "pretence." It cannot be denied, that the word " pretence," in various instances, is used with various significations, ac cording to the nature of the subject matter to which it is applied; it occurs in various Acts of Parlia ment, in soma instances, with the epithets false; in others, simply, as here, " under pretence; and it is contended that in all instances whi-re it Oeciirs, especially where it means she motive of the mind, it must he understood as connected with the epithet false,"-:—lnstances of the use of the word, where the epithet " talse," could not be intended, have been cited upon the part of the Crown from Ads of Parliament ; instances have also been adduced, where the epithet " false," has by the Legislature been applied to it, where the'Legislai ore did not choose to leave the word simple and at large, ar d an exceeding strong instance has been adverted to. by the Counsel for the Crown, because it occurs in an At made ix pari 'Valeria, the English Ad of Parliament of Charles 2d, to prevent tumultuous meetings " under pretence" of petitioning the King, or the Parliament : there, most manifestly, the word " false," could not be understood; but in truth it is a word of very various significations, 'and is used in various Ads of Parliament, either simply, or with the epithet false, annexed to it according to the purposes for which it it intended. To suppose that wh:re it means the mottve of the mind, leading to do an ad, it must always mean "• false," does not appear to me to establish a general rule of construe - lion which can be sup ported by reason or authority, or by fair obser vation, on all or any Ad of Parliament, where the word occurs. Besides the instances which have been alluded to, I am reminded, every day, of a particular instance where the words " under pretence," have been used by the Legislature, where it is not possible to annex the epithet "fa!ste" and where it so plainly signifies the motive of the mind, that you might with little injury to the phrase, and noneto the'sense, substitute motive in its place. I refer to an Ad of Parliament of the very same date as that in question, and which has been urged by the defendant's Counsel, to have passed on the SlTtfle day with this Ad in question, sheaving that the same Parliament, and even the same men (for_ eeen with respell to that circum stance, some observation has been made, as if the word as used in ancient statutes, had by modern use varied its meaning) made use of this word " pre tence," where the epithet " fakes" could not be ap plied to it. I allude to an Ad of the year 1793, which gives various beneficial privileges to the Ro man Catholics, upon the terms of swearing an oath, which is set out in the Ad at Parliament, and by that oath, which is administered here 'almost every day, every petson, who takes it, s A ears that he ab jures, condemns, and detests, as unchristian aed im pious, the principle that it is lawful to murder, or destroy, or anywise injure any person whatever, for, or under the " pretence" of being a Heretic ; and that no ad in itself unjust, immoral, or wicked, om ever be justified, or excused, by, or under " pre tence," or colour, that it was done, either for the good of the Church, or in obedience to any eclesias tical power whatsoever._ . . Now one would be tempted to ask, whether any man of the thousands of all ranks and conditions, , who have honestly and conscientiously taken that oath, ever connected, the -word " false," with the word '' pretence" in that oath, and whether the Parliament in framing that oath, could possibly have meant the " false pretence" of being a Heretic, or the " false pretence" of being serviceable to the Church. It is used as synonimous with " colour," " cloak," under the allegation of."—lt has been so taken by thousands of as honest men, as any in the community, without conceiving that the epithet " false" was understood. In those instances, it would be absurd and monstrous to add it. _ In. to, you may apply to the word pretence, without in juring the sense in these instances, almost any epi thet of bad import, except false. You may call it a base, Wicked, impious, absurd, or foolish pretence; but you cannot call it a false pretence; if you.do, you make the sentence nonsense. These instances answer what had been said by the very able Coun sel for the defendant, that whenever the word pre tence is used to designate a Motive of the mind, that is must mean false pretence 7 —for you might, in both these instances, substitute the word.motive without injury to tie sense. But.l do not wish to be suppoSed to argue that, because in these instances that I - have mentioned, it .is impossible to conceive the word cs pretence" to mean false" pretences" therefore, it conclusively folkaws, that the word cannot mean " lalse pre tence," in this Aa which passed on the same day. Very far from it—it would be absurd to say, that any such conclusion would ine%itably follow ; but as the word has various sign;fications, though it should be admitted that it some time may mean false pretence, those instances • shew that it cannot be asserted always to have that signification, but it may mean, and when used simply, often, if not generally, does mean, colourof allegation, abstract ed from the truth or falsehood of it, colour, cloak, or holding forth, or other sense that might be put.— But this I do say, that where a word has v,trioussig nificetions, the fair way (in this instance, as in all others) to get at the athial sense in which it is used, whether in Aas of Parliament or other writing, is - an examination of the context, and if we find, as in the present case we do, that by construnig the word pretence, to mean false pretence, we should Emilie one half of the provisions of the Act impraaicable to execute, and the remainder inefficient for its ob jea, we must bold it 'impossible to construe the word pretend, to mean false pietencv, -in this Aa. (To be continued.) The following accident happened at Broadstairs, on Friday last , ;—During a heavy gale, a sloop off that place made a signal for assistance, when three boats put off from Broadstairs pier; two of them had got to the vessel, and put some hands on board, when, just - at the moment they had done so, and were laying alongside the sloop, A tremendous sea struck one of the boats, threw her up a considerable height, upset her, and she fell into the other boat and sunk her also; the third boat being near, saved the liveS of several, but, unfortunately, two men were drowned. One of them, named Oldfield, whose father and brother, we are- told, expetieneed the same fate, a few years ago, very near the same place; the other sufferer was named Job. This ac cident happened so near' the shore, that the friends of must of the boat's crew witnessed this dreadful scene : there were 15 or i 6 men floating about, and when the two boats sunk, tbe cries on shore were truly distressing. [FURTHER EXTRACTS.] VALENCIA DE ALCANTARA, JAN. 24.- , - - .The Alf ferent officers, civil and military, appointed to Ciu dad Rodrigo have, set out for that fortress, as has its Governor ad interim, Brigadier Don Dionysis Veirs, Colonel of the gth provisional regiment of the 5 t army. Though we have not received officially the parti culars of the important capture of this place, we can, however, assure the public that there have been few enierprizes so rapidly conducted, and so suc4 cessfully completed. The last accounts speak of some advantages gained over the enemy in the Asturias, and of the return of Dorsenne from Burgos to Valladolid, without d,ubt in order to inform himself more particularly of the catastrophe of the Imperial'arms in Ciudad Rodrigo. The Superior Junta of this province -- has teceived the following dt , patch from General:Hill, elated Por talegre, Jan. 17 : ‘SENotts,—l have the honour to announce to your Excellencies that I received the letter which you thought proper to transmit to me by the hand of the Marquez Da Alameda, and to assure you that the expressions it contains are to the highly uttering. " I - return your Excellencies thanks for having destined to accompany me. the Marquez Da Ala meda and the Colonel of Engineers Fuentespita_ of whose zeal and activity I ha,e, dining t he campaign, had repeated proofs, co-operating mitt me with the utmost .alacrity in every operation. " I assure your Excellel , cies that I shall always have the greatest pleasure in bring useful to the province of Estra madura as far as shall be compatible with the general dispositions of the allied armies. " I avail myself orthis opportunity to renew to your Excellencies the drclaration of the sentiments with which I shall ever be your Excellencies servant and friend, " 11. Flutc, Lieut.-Gen." " . :To the Deputies of the Superior !mita „ of Lstraniadu-ra." LISBON, FEB.. 4.-To-day we have received an account irbm Beira Alta that the two breaches in the walls of Cindad. Rodrigo have• aheady been re paired, and that Mannont had began to retreat. EXTRACT OF A LETTER FROM LORD WELLING•TO TO D. MIGUEL FORJAZ. " G allegos, Jan. 2r. " I have received accounts informing me_ that Marshal Marmout, having arrived at Valladolid on the t ith, was made acquainted on the 15thwith our operations against Ciudad Rodrigo ; and I per ceive, by an intercepted letter, that he designed to be this day-at SAamanca. It at the same time in forms me, that the said Marshal had given ordeis to colletU . upon the Tonnes the army under his com mand, with a view of relieving Ciudad Rodrigo. General, Dorsenne was, to_ accompany Marmont to Salamanca, .where he was t his day expeEted ; but I do not considerit probable that any tioops of the army of the North have descended to the - Tormes, except' the division of Genet : al Thiebault. " The divis*on of General Bonnet has retired from the Asturias, and has been joined to what is called the army of Portugal. These troops are at present marching' in the direkaion of the Tormes, and had already passed Benavente, when I received the last accounts of them. " The division of General Sonham, which has constantly-remained in Castile, between the rivers Tormes and Douro, since the enemy anew suc cours into Ciudad Rodrigo in the month of Septem ber last, has also been joined to the above-mention ed army. [Lord Well;ngton then gives an account of the information which- had reached him as to the de feat of Blake before Valencia, and proceeds as follows] : Ii has .been said, that Suchet was reinforced with troops from Madrid ; and in a letter of General Mihy, dated Aleira, of the 27th I.lt. and pti'llished at Cadiz on the t tth instant, I observe it stated, that Suchet had been reinforced with troops from the army under the command of Marshal Marmont. But what I have mentioned already, concerning w hat is called the army of Portugal, will shew your - Ex cellency, that although a part of the said army marched for Valencia, yet. it returned without- en.- taring that kingdom, and dirt:tied its march to Castile." [FROM THE CONCISO.] SITTING OF THE CORTES OF FEBRUARY 1. Several Addresses were read from the principal Authorities and public Bodies of this city, congr, tuiating the Cortes on having terminated their la bours in forming the constitution. A proposition was read, - addressed to the Cortes by the War-Minister, to the effea.that Lord Wel lington should be promoted to the rank of Grandee .of Strain of the first class, with the title of Duke of . Cludrid Rodrigo ; and the same was voted by accia- - mation in a sectet sitting of the Cortes. Senor Valcarcel after calling the recollec tion of the Cortes to the extraordinary merits of the heroic inhabitants and brave di:fenders of Ciud , d Rodrigo, prdposed that the Regency should com municate to these patriotic Castilians how touch his M..jesiy- had, been gtdtified by their concitEl and that the Cot tes hoped, from the zeal of the Regency, that they would reward, as soon as circumstances %mild admit, those who • had distinguished them- selves in the first siege of Ciudad Rodrigo. • Appioved. PRICE OF S f&CKS LONDON : Printed by THOMAS WOOD, of No. 35, Maiden-lane, Covent-garden; and Published by WI I LIAM A RIMI GE R SC RI I' PS, South Multun..str,...-t, Ur nvep o r s q u are, At the Surf OFFLCE; No, /le, Strand,- where Advertisements, Orders for the Paper, 1-ellers far the ii:ditor, &c (post-paid), must be ocldru4ssd.- YESTERDAY. Bank Stock, i IndiA Bonds, tbs. 17s. pr., Navy ; per Cent 921, i 93 E. xcheq. Mils, 6s. Bs. pm, 4 per Cent. 781. Otnnit:in, ; per t_ ern_ R 6z; i hope! al 3 per Cent. 3 per Cent. Cons. 6i .:- A 62 011 , 0 Anu. 16..q.k L. Ann. 16 3-16 5 16, Coli ko s. f z7th Feb. 6 i i 6z., ir,dia- Stock, • 111(311 WA /ER Al' 1,01%.1)0N bRIDGE TO-MOR, • Row. Morning, 5 min, after 9. Ev,•ning, 30 min. atter g SITTING OF JAN. ?2. The new Lords Regents, D. Joaquin NroEquera, counsellor for the Indies, U. Juan Maria Villavicen= cio, Governor of Cadiz, D. Ignacio Rodriguez de Rivas, state counsellor of his I\l , i:sty, and D. Enrique O'Donell, count of Bisb:il,.appeared in the hall of the Cortes ; and the decree appointing the new Regency (at the heal of which is the Duke del Infantado, now absent) having been read, and the oaths being administered to them in the accustomed lot in, the Senor President of the Cartes, with the before-mentioned Regents, took-their - seats At the foot of the throne. .lion then utiliser; ; ' e,lGrli, V If inanei diSt7oorie; ti e'substance of which was, that frew the activity and zeal of the said Lords Regents, hi, Ma jesty looked fo:ward with 'hope to the salvat on of the country, the mamtenanteot the.cons , i luT U n, &c.„ s enor l'UottursaA, President, in !U rn , o f the Re gency, sciebioly declared, that tie and hi s o ll eaguc i would observe the'Consititotion, and ende avour t o give such an impulse to a nation so noble, engag , ed in the maiwenance of so just a ' war, t h at our cruel enemies might ultimately be driv en b eyon d t h e PyreneeS... . . . The Regenry then retired, accoinpankd by a de- puatio:l of the Congre.s, who Writ& to_put them in possession of their authority. The deputation soon after returned to th e 1-10 - 0 t the Cortes, and informed them that the two Ex-Re.;: eents.had come out to recr:ve thew, and had givers their ensigns of qtlice to two of the new Revutsi who remained in possession of their posts. SITTING OF THE- STH. The - Minister of Marine read a Melanorial on the, utility of maritime commerce, the •irnpwt;:nce of which he demonstrated by tie prosperity which an , l *Biscayan 'Provinces, C:natmia and Valene:a, enjoy, as- compared with depot. pulated Arragon, -and the Ctstiles. He shrw ed the necessity of our win-Marine- corresponding with our in,•rcantile, wi h , the gre-at extent of our forign po•stssions, and with the circumference of the costs of Spain, Tne possession of an ade quate fleet was itlinst :goal in import:t..ce to that of a !,!ites_: for natl wr poisessd, as formerly. a navy of, ninety ships of. the lire and sixty frig,ites, -.he enemy would not have thfai ed -those adv.mtiges whtch he h\d done, • espee:ally on our coasts ; as we should have 'finstrated his plc-n:s by, movable' armies, conveyed, in - respetlable ; nor would so many of our American brethren have boen seduced from their duty. it became, theref: re, ne.; cessary to build a suptrstruClure upon the vainr;ble remains of our marine, and render it such as cumvances would admit, if we dld • not _at tain our utmost wishes. The Memorialist then proceeded to suggest a variety of `alterations in our naval sys tem, and particularly recommended that the Conn.* cil of Marine should be_Separated from that itaf Wttr i after the example of the AdMiralty of EnglAnd.,, The Memorial was referred 'to the Comma tee of the Constitution. CADIZ, JAN. 29.—The Regency Gazelle contains the Official accounts of the advantages obtained by: Brigadier-General DtJRAN over the gArtison of Soria ; the intercepted letters to the Governer of Badajoz, of the 16th and 1711, ulc. and the Bulle!ins relative to the siege of Ciudad Rodrigo. The parti zans of FEMBILLA and LOBIIOO have obtained ad vantage 3 over the enemy. In Polls there are vjuil. prisoner., made by_ LONGA and MEND LZAni,:L. CADIZ, JAN. 31.—Congress have vot4(l t.ieir thanks to Lord Wellington, and the aided troop under his command, for the capture of Ciudad Rodrigo. In consideration of the distinguished services of General l3allasteros, the Regency have notninlied that Officer Captain-General of Andaltisia, and Pre sident of the Royal Audience of Seville, with die chief command of the 4th army, now vacant by the appointment of the Count de Bisbal to b.e. a Member of the Regency. ,The fortress of Ciudad Rodrigo was taken in the - name of Ferdinand VII. and itnmect;ately thlivercd over fo the possession of General Castanos, and the Spanish arms. Our Allies have taken upnit them selves the expences of giving the necessary rep..irs to the different works and fortifications of the town. CADIZ, JAN. 19.---It appears from the last letters of General Mahi, dated the 1 tth, that he was thau at Alicant, whither be was under the ticessity of retiring with his troops, in consequence of being : threatened by a very superior force of the entity. General Freyre and La Carrera were in the vicinity of Alicant, with the cavalry ; and to that fertreAs the troops of the different divisions of the third army, and those of Villlcampa and Obisp. , , were assembled. /i1,71'1/. In Baker -street, Portman-squ.tre, the l e ady.of LiLletenaat.• Colonel Morris, of a Daughter, M.4RRIEI). On Tuesday th ISth-in,t. at Winchester, - by the Rev. Sir Henry Ravers, ISxrt, Joseph Story, lisq.-. - of ffingtidd, in the County of Cavan, Ireland, to Louisa, youngezt daughter ot the hat! Sir Parr Rivers Gay, Is,rt. On Monday, Henry Erect:rick A itictiroz, I'sq. •f the Ad-. miralty, to Kfurna, dau6liter of Mr, Mtibourite, of Great Quebec. street. D!ED On the 9th inst. at Ashro:d. i:! Kent, Mrs. lernmetr,:vvif of George leminett, ai . ;ed 6z . On Till! rSrl ay last, at his hour: in New Bond -street, in the 73d year ut his age, Mr. Ki...lfit(d Mason, in:Any .years an. eminent Tea.dealer and Grocer, whose utbantty or manners, probity, and universal charity, endeared him' to a nurthrou; and respectable circle of fildiuls a more kind andlender master, or sincere friend, d , es not survive ;. in silo! hey , As honoured by the great, loved by his equais, and respezie4 by all. The same day, at her house in Upper 13ei'keley•streer, Portman aqua e, Mrs. lane Maria Nlas.:'l::voy, aged 63,- re.. lict of the late Chriroplier Mae voy, or St. Ctoix, --ia America,. alter a long and SCV2.IV. illness. On Tuesday last, at the Governor's house, in his 73d . year, Colonel Matt tr.:w Sinn h, Major of the Tower. The saint morning, at Ins broiler's house. in Poet's Mr. I leiity Medley, late of His Majesty's E 4.11 ltei;intent Foot, aged 41 years. On the 191 h hist, after a fete days illness, Mr. Dakin, of Fricity,tu.-et. On di,: 27111. of dcTion' er, in the Island of Bathadoes, ith the yellow lever,. Mary, the wire of Deputy- A s , :istant Cons - thissary-General Cook ; a,,.? at Ue . rbic.c, on the 16th uf'Sep tent et last, her' only son, aged eight Loom ha. . - COAL:MAIO:ET, P: u. 19.. Ships at Market. Ship sold. Price. 112 i Newca s tle . . . Z.^:3 . 425. 61, to oci: O . SAinfierlamt . . 5 • 4,5. ode to 40. tni. I Siotte .Cool. . . 0 . --- s. ca. to -s. ed. i Yila7k.sLire . . I . 4s. al, to -s. cc.