The Sun. — London, England, 1812-02-07 00:00:00

street, you muit acquit the 'trotter - ger if no doubt exists in your tnird in regard to this (but here st mention another piece of evidence, a Proc1:1- matinii was mentioned at the meeting of the 31st, and that Proclamation was offered inevidence,: and admitted by t± e Counsel for theTraverser),--it v r ill be you, Gentlemen, to judge of the connedion bet een Mese meetings; and give your .verct : it - 1 ac cordingly.—The fads are now before you, aid it is for % , iu to decide if they occurred, and if toe wit nesses are io be believed, aM here I must say no evi &nre hos been offered to contradiction of them.— Th v :iv, all that those meetings were nu rnerously at tekided—they have mentioned the names of se,eral ; , er -, ,,ris whom they state to have seen preset If tin such meetings occurred, or if wrong in the resolutions and transgtions, why, not bring some of those numberless persons to disprove and delay it vi ill t)C for you to think whetni : irhat . eircuirti=tai ce does not materially stretigi hen the witnesses evidence, and render lin in more readily to .be nein 'tett ; and if you do believe the witnesso, then it breornei necessary for us to tell . yp ti; *Cw the law stands ~ s applicable to it. The law on this, and a former occasion, has received from Counsel an able and, elaborate discussion—My Brothers and I have had numerous meetings and repeated confer- ences on every objection that has . beeir suggested; nothing has escaped our consideration, and our united opinion of the law, as applicable to this sub jet is, that not the fieriest doubt rests on our minds as to the law of the Convention Act, heretofore de livered in this Court. " It is not imputed to the Traverser, that , he has been guilty of any degrading, unworthy, or im moral ad, or any illegal aet, abstrad'ed from the consideration of the. Ad' of Pirliameut, which I am going to state to you—but the question is, whe ther tie has violated the terms of this statute, a s:a tute made with great political precaution : it is like all other ads, which we sit here, not to alter or cor reel, but to dispense, supposed to be made on due . consideration, for public necessity, and on. princi ples of public policy. We must not question or discuss the wisdom of the Legislature ; we must pronounce the law as we find it. -No matter if it bears heavy, on an individual ; it is our duty to cle dare, whatever we may feel, or not feel; for the situation of the criminal. This ACS has not for its object so much- the punishment of the Assem = bly described, as to prevent its existence. It ads . rin the principle, hot of its being mischievous, but that it may:become dangerous , by meeting to alter ant (natters' established ' by Law in Church and State. Gentlemen, I shall read you the preamble of the Statute. It is entitled, an Ad, "to prevent the election or appointment of unlawful assemblies, under pretence of preparing or presenting pun:ic petitions, or other addresses to his Majesty or the Par le:inivnt," and Gentlemen, I must observe to you that tire objechof this Att wa, not the dispersion or prevention of assemblies meeting tor crmainal purl ose, acting Illegally or authorizing illegal acts, for these require no. new Statute to punish such violation of the Law ; bur it was because they might become criminal and dangerous. There be ing this apprehensiort, therefore; that mischief might result from assemblies Tepresenting she people un der the pretence of creparing petitions, the remedy with uteri the legislature meets the danger is, to prevent the possibility of it occurring by destroy ing then- existence, to punish every step towards their formation, by declaring them Unlawful assem blies, and ei.joining all peaCe officers ,to disperse ' them.—This mischief being the danger to be appre . bended, the Stiture has .etia6ted—" That all As. sembhes, Committees, or other : bodies or, persons eletied, or ill any other manlier consii.uted or . ap pointed, or assuming a right of authority to repre sent the people of the realm, or any member or de., scription of the same, or the people of any province, county, city, town, or other district within the sante, under pretence of petitioni;l4 for, or in any other manner of procuring an alteration in matters esta blished bylaw in Cl.urch or State," and the Ad makes it lawful for arty Magistrate to disperse them,. and even the publishing any notice of the election of any representative at any such assembly constitutes g mater of offence. Gentlemen of the Jury, the objection relied upon by the Traverser's Counsel on the word pretence, in this Statute, is that it means fake pietence, but the word pretence is used with natio .s mr•aning, in different Statutes; as to the epithet false, several instances have been produced, whereit is not necessary. • In my mind, very strong instances, the English, Statute of Car. 25, which states, that no person shall repair to the King or Parliament upon pretence- of presenting or deliver ing any petition, &c. There is another Statutei,vhich I 3nr iethinded every day of in Court. 1 revert to an A 6 th tt tsas tna,-tcd in the same Parliament as the Convention Bill and passed the same day—it was the Statute for the " Repeal of the Penal Laws against ihe Catholics of Iteland." There the Ca tholic obtains his . priVilege upon taking an , oath, tvbernin he disclaims any hatred or evil design apinst any person, fur and under the- pretence of being .a heretic. A thousand honest men have taken that oYth, and did one one of them- think it meant, fake pretence ? The meaning of it was; under the colouror pretence; under ti:e cloak, or under -the . allegation ; bet it was r 1,4 because the idea of, false pretence was ridiculous' in that Act, that it would be so in the Contention Act. This also is for the decision of the Jury. Gentlemen, in this case you were told, that' the verdict upon the former trial was had upon the wit- neSses—but it is nut for me to say whether that ver did was right wrong you indst at upon your own judgment.; you must act. for yourselves ; if you dis believe the et idence, you must acquit the Traverser. But in case you are of opinion that the facts existed, as stated by the witnesses, you must convid. It is necessary for me to have your information upon an : - other tact—that you will tell us if the election' in Liffey-street was confined to the inhabitants of the said boui'ds of the city or was intended to extend itself to the representation of the inabi 7 tants of the whole Roman Catholic Parish of St. Wary's. - Ass to the evidence with respal to that fa& cir cumstances have appeared in one of the resolutions, which shook' be the subjed of yOur consideration. However, in case 5 ou should be of opinion that the whale case is established, then you will inform :us; it you btlieve the, eiet:iton in Liffey -street was to tepreeot the Catholic inhabitants s lath) the bounds this city, or to extend to the whole parish, The The unfortunate - and unexpeaed surrender of 'Valencia has excited considerable apprehensions for the safety of Alicant, towards which place_ a por tion of SUCHET'S army had already advanced. The divisionS i of Generals MARY and FICEYRE have te tired-ro Alicant; and, we trust that, if the• French besiege it, the defence will be more vigorous than that of Valencia. The following letter has been received from Alicant, dated the 1 Ith ult.:— . " We are in a state of confusion here, owing to GeneralsfrlEYßE and MAHY having been driven into this town by a French division, under tht! command of General D'AttmAcata, who has been before this place for three days.' We are as yet ignorant of the state.of Valencia ; all we know is, that it , held out on the Bth inst. Our merchants do not consider themselves any longer safe ; already many have taken the alarm, and_are preparing to quit this place for some of the adjacent islands. It is 'not thought that we can make,a long defence, as provi- sions are scarce." Many of the Letters frOm - Lisbon state, that a battle of a very decisive nal ure is daily expected be tween Lord WELLINGTON and MARMONT. The latter, it is said,'is adVancing by forced marches, and General DORSENNE has left Salamanca for the purpose of joining him; and finally we are in 'formed, that General HILL has began to move for the purpose of joining Lord WELLINGTON. We stin, however, entertain some doubt whether a battle ,is likely to take place so soon as these writers seem to think. We are quite sure, that neither MARMONT; nor any other French General, will risk a battle with the British, unless they possess an immense superiority of numbers, and that superiority we do not think IVIAtuatoNT possesses. The rapid advance of the British Army, and the capture of Ciudad Ro drigo, has, perhaps, alarnied MARMONT for the safe ty of Salanitanca, where he has large magazines; and we are inclined to think that the movements he have made are rather for the protection of that place, than with the intention of fighting Lord WELLINGTON. The ATTORNEY-GENERAL gave notice, in the Court of King's Bench, Dublin, on Monday last, that it was not his intention to proceed farther against any of the persons who offended against the Con vention A. The Jury who found Mr. KIRWAN guilty, have had their lives threatened by anony mous letters. Such is the mild forbearance of the _people, whose cause is patronized by OppoSition ! An OppO,ition 'Print of this day declares, that there has not been for many. years such a display of powerful ‘eloquence as in the . late debates on the Catholic Question ; it alleges that the eloquence was all one side, modestly intimating that that side was its own. But eloquent as, in the opinion of that Paper, the Opposition Speakers were on the oc casion alluded to, their eloquence. rather consisted of high sounding words and warm appeals to the passions, than solid argument 'and - a proper re spe& for those guards to the Constitution which the wisdom of our ancestors provided, and by which it has hitherto been secured from open and from secret foes. If, then, the eloquence , of Opposition was not directed to the support of those guards, but 'rather to their 'cleitruction, and, for aught they know, to the destruction of the Constitution also, we can only say of such eloquence, ..that "all is hollow," and that we prefer the _more useful elUquence displayed by the friends of Govern .. ment, who, though not averse to grant conces sions which may relieve any part of the people from *hat they tbay deerri Unjust tdsliictiorit, in ot Ber; if possible, to unite the whole in a C . onimon inte rest and cordiality, yet do not lose sight of the Con stitution, but requite, in Marti, what may ttind to secure it from the artifice and influence of any foreign povtren. Such is the eloquence Which, though it may not please a Party, is. calculated to convince the people at large, 'and increase their esteem for, and confidence. in, those whcse patriotism is not to be 'shaken by clamour, and whose judgment, is not to be fleceived' by subtle ty. But the Opposition Paper alluded to deoares, that " the chief delusion which has been at tempted is to contend that the objet of the mo tion, and the p . oint of the reasoning was, : the condemnation of the Irish Government for their late proceedings.. .towards the Catholic Body not the emancipation of the Catholics themselves." This we pronounce to be a fallacious statement; and we appeal to the Speeches of %hat - is called the Ministerial side of the House, in order to prove that tlyntixhipalter the violent and repeated attacks which ..Vrjrllll.. ITiel/WirEmade upon the Irish Government, it was ljtiAl,hi - oper to . vindicate that Government, and' tosieW that it would have deserved censure if it :had Ai l aeled'precisely as it did, that all the friends of Government then directed their attention to the main question, and freely uttered their sentiments upon the subject. Mr. WELLESLEY POLE was so much implicated in the conduct of the Irish Govern - rmnt, and had been the object of so many personal attacks, grave and sportive, that it is not wonderful if he particularly directed his attention towards the condutt of the Irish Government and of himself. It would have - strewn a want of respea for the Irish Government, and a strange indifference to his, own reputation, if he had not copiously adverted to that subject. But we•refer to the, speech of Mr. PER• CEVAL, of which we gave a renewed report yester day, whether he, whose opinions, indeed, consider ing ilk situation, are particularly entitled to notice, and which the Opposition must have chiefly regard ed, did not freely discuss the main question, and manifest a liberal feeling towards the Irish Catho lics, though with a due regard to' the Constitution, and a just expeflation of such, securities as may pre- , serve that system to which we have so long been indebted for national 'happiness and security. It has been observed in a Morning Paper, that on Lord MORPETH'S motion, neither Mr. ADAM nor Colonel M‘MAnotv voted. Mr. ADAM certainly could not have voted, having vacated his seat in Parliament ; and Colonel M‘MAnoN did ,not vote, because he paired off with Sir J.. NEWPORT. - Yesterday the LORD CHANCELLOR and Mr. PER cavAL. had audiences of the PfttNce - REGE - NT'fit Carl= ton House. The SPEAKER'S first PLirliamentary Levee will be to-i►►orrow_evening. On Tuesday, the Duke of YORK held a Military Levee, at his' Office in the Hors'it- Guards, - which was attended by Major-General Cole, on his return from Portbgal ;- Lieut.-Gen. Campbell, Major-Gen. Cameron, Major-Gen. Stevenson, General De Wat-' teville, General - Hodgkinson, General GascOyne, General St. Leger, Gem Ferguson, Major- Gen-Ker, . Gem Ross, &c. • • The Duke DEL INFANTADO will set out in a feae days for Cadiz, to take upon him the - high and im-. Portant situation of First Member of the New Coun cil of Regency. Don VINCENTE DE DURANGO, Se cretary of the Em . r•assy, will perform the duties of Ambassador to the British Court till - the appoint ment of a successor to the Duke. Lord W. RUSSELL, son of the Duke of BEDF.MID, has asrived in town from Pot tugal. Among the late arrivals from Portugal are Major Gregory, of the 44th regiment, with Lieutenants Ssiaderson and Burney, Of the same regiment.. We understand they are returned on the recruiting ser vice, and the Major is to take the command . of the depot, which has lately been removed from Here ford to Horsham, in Sus Sex, Letters from St. Petersburgh, orthe t t th ultimo, mention no news of any political moment, but simply state, that the exchange had, again risen to iii. It appears from a letter froM Falmouth, that the Errdy►nion and Foriunee frigates had not been suc cessful in • their search` after the French vessels on the 30th el,. - •_Ito]AL ACADEMY. --Mr.. -TURN ER'S 'last Lee, ore chiefly rela,ed to Chiar' 'oscura, which he il:ustrated by a reference to the works of the earlier and later Masters, as well by Drawings; tb skew the princi ples, and by others, of a more finished nature, ma nifesting the pra&ical etfed of those principles.— The whole was pertinent, judicious, ancrinstructive. We have heard very little, ,till lately, of Mr. WEST BETTY, who a few yearS past was the univer sal object of admiration and attraction at almost every Theatre in the United Kingdem. The profits arising from his extraordinary talents were, it seems, laid out in the-purchase of a considerable estate in his native county of Shropshire, where the youth and his mother reside, himself the. bes,t mounted and boldest of she sons of Nimrod—occasionally visiting Sir W. W. WYNNE and the neighbouring Gently-, and gi%ing the powers of his uncommon genius to the aid of their private theatricals. He is si6ken of by those who have witnessed his performances with equal rapture as formerly,: and in a manner that makes one altriost lament that his fortune renders it unlikely the public at large will be gratified by an exertion of his talents in their service. This morning four men broke out of the House of Correction in Cold-Bath-fields ; their names are as follow ;--John Cole,'''tGeorge Doran, Haw kins, and Thomas Tucker'. They had their prison dresus on. ' tils brace the Lord Lied , jot irelfid Lai conferred she honour of Knighthood upon the following Gentlemen :--4ohn Pu,cel, of Charleville, in the county of Cork, Esq. ; Captain William A t i;. gustus Smith, of the RoyarEngineers : and Williatif Alexander, of Londonderry, 04. Yesterday a Meeting W s ; h e ld at , Lloyd's for tht the purpose of taking into consideration the situa tion of the widows and of phanS of the unfortunate men lost in 14% Majesty's sliirs of war . lately %.6.&.ked in thert pagage from the EaLic. Lor;i GAMIIIER and 'Sir JAMES SAUMAiIEZ; were Inc . sent, and subscribed each t went) "guineas. A very hatidsorne sum was c - JfeEted in the course of the af ternoon. LIBUINANT - GENEALCHAPIVAN.-.-TbiSOfficeti . 4 who belonged to the artillery, died on the 2d inst. at . , Kingston, near Taunton, Sumersershire. He vtai - 4 hot n in 1743 .and en'ered the service in 175 b. He' : sewed many years in Am6rica and the West with honour to himself and advantage to his coon.: - "try. We regret to add that an amiale widow, and a numerous family, have on this occasion to hment thelbss of a truly estimable husband, parent, arti friend. Major General K`KINNON, who fell so gloriously on the breaiih ot Ciudad Rodrigo, is a younger son. of one of. the first families in Scotland, being an, uncle to the Chief. of McKtNNoN which family trace their origin from the Kings ot Scotland, many hun dred years heloye the Conqu , ,tSl. He 'entered at aov. early age in to the Coldstream Guards. His first cam paign was served under the Duke of YOIiK, in Hob. bind. During the rebellion . in" Ireland, he w2l' Brigade Major to G e neral Sir GEOLIGH NUGENT, where be was remarkable for his courage, humani ty, and good conduct. The Gazette of that flaw particularly noticed him.. He served in the expedi tion to Egypt ; after which he was in Germany, un der Lord CATHCART, as well as the taking ot Co penhagen. He again einbarkek', in 1808, for the Pe ninsula. To the most undaunted courage he j(nr ett the soundeSt judgment. In 'short, this, promising young officer Wos ,universally esteemed by his ac quaintance, and beloved by those under hiscommand. The. General married, in. 1804, the youngest daugh ter of the late Sir J. COLT, Bart. His wife and t wo infants have to bewail the loss of a beloved husband and father. NAVAL COURT MARTIAL.—On Monday a Court Martial was assembled on board his Maje s ty's s hip Roisonable, in Sheerne.s Harbour, whereof Captain Fellowes, of the Conqueror, was President. The Court proceeded to try Lieutenant Cornelius Las-. celles, on the under-mentioned charges exhibited against him by Alexander Rennie, Esq. Captain of the . Trinculo brig,. viz. For a violation of Elie 23d and 27th Articles of War, and for being of a combination against his captain." The Court were , of opinion, that the Whol e of the charg e s aga i nst t he prisoner were proved, and did therefore adjudge the said Lieutenant Cornelius Lascelio.s to be dismisqed: from his Majesty's service, and rendered incapable for ever of serving his Majesty, his heirs, or sac-. CCSOI-3. A few evenings since the following dating at' tempt at robbery was made at Rev. Mr". Oldersha'A ' 5 at • Starsion, near Harleston : As that Gentle.. man's nelihew, Mr. Douglas, was reading in the' library, the door of which opens into the garden, and was not fastened, a man, masked, entered tb room, and presenting a pistol to Mr. D. demanded the money in a,binean which stood in the r o om ; Mr. Douglas replied that there was none in. it, :3 11 d• that he 'had 'but very little in his pocket. The v• l ' lain immediately seized Mr. D.'s gold wateb, which accidentally laid : on the table, when Air- Douglas very coolly observed, that if he took the seAS - it Might - lad - to a discovery, 'but the robber persisting, and still holding Abe pistol in a menacing manner, Mr. Douglas instantaneouslY seized the poker, and made a despera►e . blow a t the %Wain, whose pistol missed fire, and Mr. D. re peated his efforts, which the fellow avoided, and drawing a large knife from his side, p!unged it at Mr. D.'s body, who luckily drew back far euongli to prevent the atrocious intention, but ripped °peg' , his' waistcoat and shirt. The servants and [f r. Ol" dershaw being now alarmed, aft: man fled, but was so Closely pursued as .to drop Mr. Douglas's waret' in the garden. Yesterdac morning as Lord DUNDAS . was in his car ridge opposite the King's. Mews, the fore axle-tree broke. The coachman was thrown with great, vio lence, and having fast hold of the reins, he was drag' .ged for several yards, but was not_mdterially hurt. His Lordship, e are happy to state, did not receive any injury. A tire broke out at the house of Mrs. COTTEY, the Fulham-road, on Tuesday night, occasioned bY some clothes taking tire in the laundry. It w as got under witt.wit destroying th e house. Thirty-tour thousand guineas ill g6ld,_ the pro perty of a Gentleman dece•sed, wese offered for sale on the 'Change at Belfast lately. SMITHFIELD MARKET, FEB. 7. This d Market bad but an indifferent supply of the different kinds of Cattle; Veal sold at last prices; Beef, Mutton, and Pork are cheaper, and the trade, for the MOS! part, was somewhat flat the sales, in the Hay-market were inconsiderable Hay obtained last price, (lover has got up in prices Straw has linen in price. The following prices and numbers are a correct state:::ent. evidence stands thus-Abotte.of the original resolutions direals five persons to be chosen from each parish in the city of Dublin. The meeting at Liffey-street elected five persons : the evidence it, they .were elected •to represent this parish and it will be for you to say, if that election was nOt CoritOying with. the requisition in these Resolutions of the 9th of July : you will judge whether. that election was meant to include the representation of persons liVing in every pact of the parish. You will judge of the meaning of the. parties at the first assembling, and the intentions of tho,e in Liffey-street, • and you will find your ‘erdiet accordingly. The Jury retired, and in about fifteen minutes re-. turned a verdia of—Guilty, The - opinion of the Jury was afterwards. taken by the Court as to he point made by Mr. - Burrowes to quash the indiCiment—it was as folloWs:-- !‘ We are.of opinion, that the 'Eleaion of Dele . gwea hel k l in the Chapel of St. Mary'S Parish, in Liffey-street was intended to include vie Ron - lan CatholiCs of the'Catholic parish of,St. Mary,'in the city of Dublin only." MAILS. • ARRIVED -t Dublin, 4 Waterford. Dult—r Malta, 2 jer sey, z Guernsey, *Brazils, I Dublin, 1 Waterfutd. ' . PRICE ot• S'rOCKS. THIS DAY AT- Tyyst.vso'et.ocK. Consols. . -611 i I Red. Ann. - - T.:H )14. S UN. soLE. iauis Dic,„E fi,„.sum AUDEAT? L, 0 ND 0 111, rRIDAY, FEBRUARY 7 2 ISI2. To sink the frl.l perst?ne of SI b. . . . .... Beef, 4s. ad. toss. 2d. Mutton, 4s. 4,1, to ss..Bd. Wal, ss. cd. to 8s ad. l'oik, 4s. Bd. to 6s. 4d. . • Betts, 713. Sheep, 4,203. Calves, 135. Pigs, 293. SMITHFIELD HA MARKET. . Hay, 41. os. od. tp 51. tos od. Straw, 21. os. od. to "21.; I _ Clover, 51. os. od. to 61. 1 . 55. od. Co EXCHANGE, FEB. 7.—This day the tnark,k has but, short fresh arrivals of Wheat, not much re• twining on hand, and sales thereof fetch a smalt.in crease in price ; Barley likewise, and in short sup ply Malt and White Peas nearly at list votation; Grey, and Beans of each sort, rath-r dearer ; wo have also scanty ,supplies of Oats; and sales in this trade readily obtain the at Monday's advance. ices quoted ; Flour fully Wheat 665 a 93s a toes Fine ditto - 1?-5 a 1185 .Rye sos a 56$ I.l:At - ley 42s a .52. s 6d Malt - - 785 a 865 Whiteyeas,boilers 76s a 825 Grey ditto - - 585 a 64 Beaus' . sjs a 585 Tick Beans (new) 4533 a 545 Ditto (fine old) - scs a sos Oats - -30 s a 345. a 3(,s Poland ditto • -37 s a 39$ Potatoe ditto - 4)5 a 40 , Rape Seed - 6oi. a 661. Fine Flour -90 s a eggs Seconds - - Sys a 905