The Sun. — London, England, 1812-06-04 00:00:00

Inp..ne• 'A this' assertion ; ha also been argvied here, by writers '‘,cifo are in the habit of fini.?ir;g - rnott things wrong in . the coudnet of their om.n Covzrn;uent, it ma-- Dot_ be amiss to say a Ark , : words on the bi,tory . of the claim in ques tion which, as we haxe ah:eady stated, so far from..being a net== otaim.now advanced, is a very old one, lona- since abandoped. It the instruc tions given by the 'Earl of N9rihumbelland, Lord High Adr'niral of tn',land, to Sir John Penninpi ton , - (late:d the.4th 1640, is,to be found the follow-111g .:Is . you meet with, any men, of war; rtercbants, or Other ahips or ve , ;s'els belonging to ally Foreign Prince or State, either at` s;ta, or in any road or. other place; whbre you or any of his j......l4esty's fleet shalt happen to-c.:inae, you are tti send to see whether' 't,hti,t; be `aay of his 'Alajesty's subjects on boai:d them ; arid if any seamen, gunners, pilots, or• Mariners (either EngliSh; Scotch, or, 'lrish) Shall be 'foUriLl'on board any of them, 'YOu. are not only to cause such of his Mdjesty's sub jects to lie'takcn forth,committed, or disposed . on board, or otherwise, in such sort, as tkey may be -forthc.oming, and atts‘ter their Contempt 'of his: Majesty's PrOcVini . fttion - in .that kind ; .- but also 'Lie:l4ly - to - aihnonish the CaPtain, and, other CO MManders and Officers in such foreign ships and vessels, that they do:not receive nor ente - ita'.n on hoard any oftheir ships, no .more of his Miliesty'b E - abj,c7. - s, that his Majesty may hai7e cc use to reselit it at their ! hands, &c.' Tl.is instniction, so far from being grounded on a 'new claim,' even at that time, had invariably been acted"upw, 'not in two cases only, and no more, as the writers above alluded to assert, but in twenty others. -We shall content ouiselves with three--The first is, that 'of Sir Thomas e 'Allen, who in . 1667; took 'several British seamen from thre,7• French men of war in the Channel, 'Cpmniendeciby iqonsieur de la Roche. - The second - caie i that bf Captain Jenifer, of a the Saudadoes, wilO, iri consequence of four Eng- lfshalen being . 4311 - boarl Dach Aciroiral:s . ships 6-hich,uith-two or three more me,n of warof that nation, were'lying in the Davent) having written that he would deinand there, toot. them, on hung refused, by forc'e. occurred lathe year 1676. In 162 i, a Dutch man coming into the Downs, was vi",ited by the English guard-ship, and foui Scotchmen and a boy taken out of her. The'Duteh Ambacsidor to• the - Court of London Complained of this in a memorial, IN - 71:11A he ad dressed to the Secretary ofa:e. The memorial was referred to Sir Richard Raitie,s, then Judge of the Admiralty Court, who argued the point' in a very able manner. He defended the principle. on the natural right which Soveretns haveto the services of their subjects, and on the practice which had been folio Wed in all ages. He dontelici. ed that ‘ his Majesty having - this right, must be allowed to have the : liberty of . means effectual to this- end, which tainns are, to compel his subjeCts to do their duty, .otlerWise the right is vain and so are the Means,' if they must be used only by words and proclamations.' The memorial corn - •. . , plained that this practice - might be inconvenient to `foreign ships in time -of danger and stress of Iveather.—,As if his Majesty,' says-the Learned Judge, ( . i..'hould omit his own present right and interest, in 'regard of 'some future contingent in convenioncies, which May, by - the wind and , the weather, happen to some form n s'iips, andshoula provide against their dangers, but not his own:— The memorial goes onto allege that the practice . would deprive foreign ships of .their men, and hin der merchant ships in their voyages and men of war in their expeditions —c As if }:is Majesty,' ob serves-the Judge, must be deprived of the use of his own subjects, for his own expeditions, that foreigners may make use of them in.theirs 3 '—and he concludes, 'I do, with all humble submission, think, that a grant of what is prayed in' the me morial would make the Sovereign right of no ef fect, and at one blow destroy all the precedents and eolith - rued practices by which hitherto it bas been exercised and confirmed: The complaints Of the Dutch of our unfriendly treatment of them, in visiting ships of war, in search of English seamen, ,had indeed induced. King Charles 11. to bring the matter under serious consideration. In, 167.71. it .w - as discussed at the Board of Admirafty, at which- the - King, as was not unusual in those days, presided in person.— The standing instructions- being read, and the _ first point, regarding the search of foreign ships of /U. for,English subjects, and the demanding an d tak - ing them out, beingsubmitted, itwas resolved —qt is . our. right, and. to be. continued: It appears', however, the repysian PaperS; ultimately to have been . • 'fettled that, although the practice was too ancient, as w (ails justified by the King's natural rights, to wake Wry variation in the insthiction, with re .s?ect to the demanding them from foreigners, yet it was judged advisable to IsAve but the clause which compels the master to pay them their wages, a being unreasonable on many accounts ; and though the article of examining foreigners was. to continue in the pitblic instructions, yet Mr. Pepys was directed to draw out a private article, ia itruct ing opr Commanders to be discreet in the execution of it to foreign merchantmen ; and as to men of 'war, only - to make 'Use of such fair Means as they could, ,with Out any force ; to inform themselves of the, 'lumber and names of his Majesty's sub jects on board them, and, if refused to deliver them up on a fair dernanci, to, report the matter to the Admiralty, in order that the King may demand them, together with satisfaction for their detention. (Rpys' M.S. Collection). We are riot aware that any instructions subsequent to the reign of Charles U. authorized the searching of men of war, nor do we know: of a single instance of the kind having occurred since 1687, till the affair of the Chesa- pe_p_te. . The conduct of Admiral 'Berkeley in this busi ness was,' as we have stated, wholly disqproved by his Government, and he was immediately re moved from. his . cnnarnand. 'Tor this. lanamtho rized act of force, committed against an American :ship of warilais.Maiesty 'did not hesitate .to offer immediate and; :spontizneaus reparation.' the mean time Mr. Jefferson, instead of waiting the result of his representations to thenritish Govern ment; issued a i'iolent • Proclamation, calculated. to irritate the minds of the American people `against the English- s —anzi interdicting the waters. of America to ‘all British; ships of-.car : an inter-, diction which aras' itself-a measure_ of hostility, for astouch as the ships of war' of the French, the: other belligerent, were at. that time, in full enjoy inent of the shelter and convenience.of the..Anrcri= : . can harbours. Even after the voluntary offer Of reparation . , twice repeated, to the ,utnaost possible extent of the injury, with the.single provisb this hostile Proclamation of .Mr : jefferscua should be recalled, it was not till a few .rnonths-..a.' go : that the 'petulant and perverse humourof the American-. :Government *Would - accept - , the tel aration, 3 and.. not even Then without an insulting - land offensive observation frorn.Mr. Rohertkmith, whais-charg-.. ed by the*President .to say, that while. he forbears to' insist on arty farther pulli.sinnent of the offend ing officer, heis not the loss sensible of the justice and utility of such an example, noy theless.persnad edt'n t. it woad' best comport With - *hat is die from hiS s Eritaranie Majesty to his own There.is'gomething•so ludicrous in Mr.. Madison's instructing his 'Secretary to convey lessons of nour.to his Britannic Majesty, that we feel any any thing but in lanation' at the intended' inSalt. Cro be eantiimeL) THE 14LLINGHAM3.—curious.Extract from the " of Parliament, A. D. 1449, ' l 2,7th Hen. Vl."•:— . -" - Peiecheth 'Syre Thomas . Parr, Knyght, one of th!. - :. Knyghtes of the Shire in this present Court of Pariement for the Shire. of Cuinherland ; that where be, the 14th day - of Marche, the yere 'of bur Lord Eyrig that now in the-24th Wasionting lba;ards the seyd Court of Parlement, Robert Bel lytageham late of ,Burnelshelle in the Countie of Westmorland, Thomas Bell.yngeham late _of the same (and three other), ,the yere aforesaid, Ripon - cirtayn' grounde, called Cornewalesse grouncle; besyde the Crane in the Warde of the Vintrye in London, wherby the heygh way of the said 'Syre Thomas lay to go to' the water - of • the . Thantyte, from his lodging, place, and from ' th'ens to this seyd High Comte of Parlement, beying atte Wegtmynstrefe/ons/y lay in awayte of the same send Thomas, io the entente to have 'murdered or slayn and there then to such entente, assante made upon hym," &c.--And in the subsequent reign of Henry the 7th, (the year, says our in formant, I do not recollect) one Ilerrie (henry) Bellyngeham attained 'for treason, and his estate eacheated ! It is a singular historical .fact, that an ancestor Of the late Mr. Spencer Perceval also fell . by the hands - of an assassin :-4n the year 1657.; Robert .P.erceval - ; second son' of. the Right Hon. Sir: P. I'erceval,'Kut. dreamed, " that he saw his, own 'spectre, bloody and - ghastly,. and was .so shocked at. the sight; that he swooned away." Soon after communicating the particulars to his uncle, Sir Robert Smitaell, he was found in the Strand murdered. BEIIINGTIAM.—It is true that'Bellinghani was born at St. Neot's, iiY Huntingdonshire : his,fa ther was an itinerant. miniature painter ; and hav ing, in the course of his professional peregrina tions, engaged the affections of a widow lady ol• rn soe,property, at St. Neot's, he married her, .and -Bellingham was - the offspring of their union:: iris father.-died Nyhiht he was young, and - being an only child, his mother's indulgence, and his own ill-temper, 'rendered him a very froward and-im patient boy. He was - put• apprentice to a silver . smith,in London ; but when he had served 'about half his time he ranlaway, and was not heard of ,for three years, ivhed he made 'his 'appearance; and having . obtained from his Mother about four • hundred pounds,- being the remainder of her for-' time, he set up. the business of a, tinman in Okford- - street. During the period he continued in the tin-shop, a fire happehed - in'his house, and great doubts were entertained by the Insurance Office as •to the circumstances by which the fire had arisen. Shortly after this, he failed for nearly two thousand pounds, and went to Ireland :. here he met 'with the unfortunate per on ~tihort .the justly ineensed laws of his country have rendered a .widow :" she was of a very respectable family and connections. 13y her ;Deans he got intro duced to a )mercantle house at Hull, where, without any capital, he commenced his specula tions in the Russia trade ; the nature of these Lord L. Gower's letter has fully developed, and satisfied every honest and dispassionate mind of - the character of this . unprincipled- and blood - thirsty adventurer. HIGH WATER AT LONDON 13R EDGE TO-MORROW. Morning s 17 min: after 10. J Eveiling, 43 olio. after 10. LONDON:: Printed..,by THOM,..ks WOOD, o f No. 36, Mai:lett-lane, Corept.ta . .rden; amd Published by WILLIAM ARNIGER SCRIPPS, South Motto_ At the SUN OFFICIi, NO. 112„ - Strand, were Advertisements, Orders for thefaper, Letters for the Editcr, etc., (pod paid.), .fix ~.f LAW REPORT. COURT OF - KING'S BENCH, J;; till 3. I TiK KING V. BEST. ThiS *.ks an application for having -a co .vie tion under the Statute of Charles 11. made for the more due observance of the quashed,. , Mr.. t:.:,' - o,m;m:;,N SF.IIJEANTT appeared against the -conViction,.whieh Stated, on the information of . a person named Gorge. Mitchell, that Joseph Best, of the parish of St Luke, grocer, being, a person, above the age-of fourteen years, had, on a, etrtain ocoasion, to wit, on the 3th ofApril ast, exercised fits worldly business, labour, or work On the Sah,- bath day, the same not being a work of necesity. The information bare that, as the informant. way passing the door, of the defendant on- the bath day in question, be ..aaWbini,.the said Joseph Best', behind his counter, serving a:. girl with an article: which. he wrapped up in paper, and for v, - hicli.tl) said girl returned him, payment. in copper. Tha informer . saw 'the defendant•take the money, upon which the girl went away,. The.convictiO then. went on to state, that the defendant was thereupon convicted in the i penaitY . of five shillings--two-thirds to the:poor of the pa rish, and one-third to the informer._ • 'Lord BononGH---" I do not see: it here stated what is. the worldly calling of the 'defend ant. He is 'called a grocer, but no more.' Neither is it stated what article it was which he ...winpptli up in paper ; nor that he. sold it. It, does not ap pear upon. the conviction that he acted in. any we." of his ordinary dealing or business. For any thing that appears in this conviction, ;top liquet ; it; wgs • not -the proper Form of prayer proper to he. .used at Divine Service, which the defendant handed to the girl wrapped up in paper, and that the copper. w.aS gi-.`en in rettirn for it.—Who sustains. this : cow" Vicki on 2Nlr. - Com;lc, , N - SERJEANT---" That weight falls: on !fly Learned Friend, Mr. Garr-) Mr. OARIt'ONV--" It does indeed, my Lord , , 1, 1 7 devolution fall tsame;not to argue,_but,Lo siippeft this conviction, and I said last night to my clientr it was a labbur J should net, be ahleto cliszharL,e• There is indeed nothing, in this ,conviction exct;'•'t uncertainty.'' si • _ • 140,14 Ef R -7-- LLENZOQUGH" t certaiiily is xl unsupportable conviction.—Let it, thireffre, b quaslicd." 4 Front the LQXDO4V GAZi;rTE, June 2. Commission in the Ist Regimeut.of ITerefordsiOre litia, signed by the Lora Lieutwrianf of tiieCcrint . - of , • • • " Philip -Cox, Esq. to be' ;Captain. Commissions in the 3d - Western Regiment of NorfON 1_0( A 31 signed by the .Lord Lieutenant, of the Count;' Norfolk. • " - George Crofts, Gent. to be liel3tenant, vice Stevens, resig 3- ed. Fraueis _Vlisoa, Gent. to be En,;,;,:. Commission ti - IVe;tern Eattalicn of Dor.wts'.!irP Local )11- litia, sipned hrtkie, Lord Lieuttanit. Ives Harvey Urguliall . , Sent. to be Ene.;:; - .1, Loyeden Local M , litia . -17ohn.rA.ittle- StereLs,ri, to Captain, vice Cuot, • ThHayruarket Theatre ca - a boast Qf a greet er nninber "Of`rei:p(;etabf?. - Proviliciat Perforuiers tb .o . t .0 Alan .get ever er)ll: , _cted on any former se:AP - J . l' putt. ti.t(u - n posies talents. likely to secure them good tos ou the witq's boirds.• At the ii yesterday, a col!ectil of 'half-penny ballads and-garlands, pasted in the Fvols sold for 4781. 155.1 1 This w:.1.5 setting tb° l .to - .4 prettl tune. The Dublin Evening Pcst, of Saturday, says) " This day potatoe were sold in the public s f; s ri' ket at from is, to Ss. Sd. per cwt. ' • and vit% experieneed - yesterday a reduction of five shilPD per barrel." CORN-EXCIIAN GE, JUNE 3.—This day the 11 - I ,j r ,; kethas not many fresh arrivals o f Wheat,. butt ',. ; quantities on hand fully adequate to the, dernae s sales again at little fluctuation; Barley, in 4 ' 9 4 . supply, in request for the Western counties, !,,,,; ( 1, somewhat higher; Fine Mak rather so ; Pensk e Beans of each sort nearly at bist ' nricei. i - • tl ll5 supplies of Oats are hut inconsiderable, and , 1r article, also, quoted at rather higher prices ; Fail,, in good supply, Mostly from the Xprth eoult r '" and continues at the late qii6tatiOn. Wheat - - • Ws. 1103, 1225. Tick Beans.- - - 6 65 4:, Fine ditto- - - 1331. 1335. Ditto (old) ,- - - V s ' iss. Rye - -..-,• - 455. s °''' 49 Barley - - -.- 60s. 675. Poland ditto - - t 69 '' . 6.00' I:Taft - - - - . 88s. 953. f Pototoe ditto - - 5 , 9:' c ol. i. White Pease. Cboil.) 80.9. - .85s. Rape Seed - - - 76 " 1 105" Grey ditto - •- -70 s. 76e. Fine Flour - - it:l s s. id gr- Beans - -•- 4 , , 718: . -Ms. Seconds -, -•- 100 - COAL MARKET, JUNE 3. Skip* sold. Price.„ 04. , 2'ol • . . 425. 641. to 6 "'' . Ofi• 1 . . . -275. Od. to 00' 4.35. Oth .10 74,,arket. -221 ,Newcastle . . . 1 , Cintitis •a. . . , 1 Culni PRICE - 'OF STOC] Bank Stook; 22-2 f Nary 5 per cent. 994 4 pet Cetit. 75i 7.5 3 r r. Cent. Red. Pi, pi per &nt.'Con. shot • Bank L. :Inn: 15-i 7-16ths Indiu . , .S YESTERDAY. India Bonds, par, Is'P r° ad• pa r s js. rt* Excheq. ?fills , Ditto, aid, is. pr. pr. , Ditto, 3-td. ss. pr. Itnperial 3 per Cent:sF-fr, t 4 It Con 3. for Opening, • • -On the 24th nit. at'Gnerrp - wy, the Lady of Major - r A! ' rnett, 33th Regiment,. vf.a son and heir. RJ(2D. t] the On.the Henry MAII. Exi. of Norton t i joho C.AAtily of Kent, to Emma Maria, eldest daughter Flouiptre, Esq: of Fredvi3le: lit the same Comity. _ • DIM?. ' •On Saturday se'nnight, at the Palace, St. Mar , ,.. s ; after a s;:it illncs, Caroline,. fourts u daughter of Ca R:, the igh t ISM Rey. 'f Mai.o lion rKalp ß h,Bateps, istio of latore o f the 98 (:,k. • 11 s SP; - 0 ment, aged 25, seenfd son cf th e l a te . Rey. ,Dr. r ate - Whalton, "Northumberland, after alingering / 1111 .t . t 1 0 155- On 'Thursday last, Geo rge , son o f :Major-6ene 9 ,—, man, .of Cumberland-street,. i , 1 ,1:0P c1 On Monday, Mrs. Altoorpe, wire Of Mr. James ' Draper Of Stamford. t. • On-Tuesday, in. St. Martin's, Stamford, 11 , /r; C. Pea a age, • On the Ist inst. Sat Pantouville, at .a very, adv auee Nr. Rob ert byte.' , YA , 4',,A The same day, at Fia.dlowe, in kent; John Car" e ' ag'" On the sd inst. William Bridgcs, Esq. of LiPtteb °l-- 60 years. Lately, at Kingston, 'in Surrey, after a - short 1- - , G. P. , Polhill. Lately, at Castle Camik, in Stifrolk, the I c v. itee' cey, nearly 40 years Rec4or of that Parish, and P e." ~ tor of Shelley, in the County of Essex. In treet, Grosvenor-scetare, nust be addressed, 'POLICE. 130V7-.STREIT.--Yesterday came on to be heard before Mr. READ and Mr. NAMES, two Infornia flolls aillSt Mr. Stockilale, the. bookseller, jii Pall ag at the prosecution of the Commis sioDers of the Stamp-011ice, charp,-b - Ig him with publishing two pamphlets, without paying the 'duty, or registering them at'the Starip-Oflice, ac ,corang to the directions of the Act of Parliament. Mr. France, the Solicitor to the StampOaice, attended to conduct the prosecution. The first charge brought -forward by him against 'the de fendant was for publishing, a pamphlet on the 4th of May-last, entitled." A Review of the Conduct of his Royal Highness the Prince Regent and the Opposition,"---being larger than one'sheet, And not exceeding, six, 'without ) fraving :paid the duty of seven shillings, and,registered the same at the Stamp Office,, as the Act directs.---The defendant pleaded—Not'Guilty: -John peeks =proved hi 3 purchasing the above .pamphlet at the 'defendant's shop in Pall Mall, on the 4th of May last, and paid 2s. (3 d. for it. The defendairt asked him who he :ptirchased it for ? He replied b N T direction of the Solicitor to the Stamp Office. Charles Stalker, the Registrar of- Pamphlets at the Stamp Office, proved that the Pamphlet was not registered, or paid the duty. That it conr tained. three sheets and a half, and .that it was within the Act of Parliament, it being Less than size sheets. The defendant questioned him as to whether he did not send a number of pamphlets to pay the duty and to be registered, on the 13th of May, to the Stamp Mice, and that some of them were re turned withoirt registration or the dilt . 37 being taken :—one of them was subject to 'duty he was certain. The lteg:sirar repl;.ed, - he recollected reck;ving a nniuber of.pamphiets from the d..qendant On the day he stated., and .that he returned some; but that Was not an uncomnion caw, as booksellers . frequently .nt painThlets - that were not neces s,ary.to be_ registered, or-to pay duty; and he of course returned them without either. He was positive that the paint hiet . in question was not one of them. The.,defendantinsisted that a pantialet of only twa-sheets held been returned on the above day; without being registered or the duty taken. • " The defendant, in his•defence, called his shop. man to prove his taking a number'ol - pardpbletsAo the 'Stamp Office on the nth . of May; and with ,a view to prove that it was his` master's direction ,- - to take the pamphlet in question, and if he did not, it 'was his mistake ; however in this he failed. y„, Mr, Stock:dale addressed the - I\lagistrates ) and said he cae.to the " m Office without the assistance of an Attorney or a Counsellor, therefore he was not prepared to take advantage of any legal quib- , ble :that might be in his favour, : and .1 - ;e had 0131 y a. plain tale. to tell. He was afraid the letter cif' the Act of Pavliainent was against bitn, - yetlie" Con tended that frequently Acts • of Parliament ''were put aide for cOnvenience • sake, and: the - custoin with booksellers and-the Stamp Office Was quite at variance with the ACt: - .They did not s: - id every single pamphlet within six days of publication, but delayed it till . they bail-several, and the duty Amounted to 2 or 31 - 7 ; and this was - satisfactory at the Stamp Office. i n this case it could not pos sibly be supposed he wished to defraud the re-- Venue; 'as the publicitT of the title of the pamphlet rendered that impoSsible, it having been -repeated ly advertised in 25. different newspapers. On the 28th Of May he sent the pamphlet in question to the Stamp Office to ,be regiStered,' and to pay the duty, but which was refused ; aud he received for answer, that an information had been laid for it, althoUgh he_was not served With any 'process till late on "Monday He considered' this a via . licious prosecution. Mr. France, the. Solicitor, in reply, toldiC.,tted that the defendant had sent the pamphlet to be registered and pay the duty, but at that time he must have known that the information was laid, as. the process was served Stockdale,'sen. the day previous, by mistake. He denied that thiS was a malicious prosecution, and was about to •enter into an explanation, but the Magistrates declined hearing it. The.defendant was convicted in the penalty of 201. but Mitigated to 51. and.2l. costs. The other information was of a similar descrip tion, for a plmphlet entitled “, An Account of the Island -of Java from Angeriein the Strait of Scuda to Batavia." The defendant said, his defence to this was exactly the same as the other, and there fore he would -not give the Magistrates :any .trouble... fie w4s'convicted on this charge In 51. and 11. costs. s- CH zr..r) STEAlrtqc.----Twoivretched . looking wo-• `men, Mary Adam.g and. Elizabeth Seers, were charg ed with stealing two children, with their cloaths, belonging to a poor labouring man in Union court, opposite §f. Andrew's Church, Holborn, on :Sunday morning last. " John'Lee said, that as he passed. along Holborn, Hill_ at the tithe stated, he observed ihose dren, whom he knew= ,the one a little boy, about four - ycars old, -the other - an- infant, - under 18 months—Fitting on the edge_of a curb l ; - stone,With an older boy, their brother. .He saw the two prisoners come, Bp and observe the .ebildren.— Adaths' said that the yOungest - child was a -fine boy, an that she had lately:just such another, but it died:" They then sat down,— one on each sitie of the children, and began to speak to them ; • and inn-a little time one of theth took. the yohngest boy in her arms, the- other took the elder by the hand, and both walked away with.them. , The -Witness followed, and interrogated the woinen as to their knowing those children ? They acknowledged they did not, and he took them into. his own charge, and conyeyedthein to their parents, --and afterwards, accompanied by the father, he pur sued the prisoners, and took them into custody, in Holborn. Both the women were . committed for trial on the\ charge of stealing the children's cloaths.