The Sun. — London, England, 1812-02-10 00:00:00

ELSINEUR, JAN. 23.—Towards evening on the 23d, a brig and two sloops arrived here from the northward, artd on the following day proceeded to tho southward. Articles of house-keeping continue to a dvance in pri ce : f orty - two r i x- d o ll ars ( 8 1 . 4s. sterling) were this day paid in the market for a fa thorn of firewood, and from 7 to 8 rix-dollars (28 to 32 shillings) for a lispound of fresh porter. Although the wind is from the south-west the frost still continues, but we have no ice either in the Sound or in the harbour. Rltßy JAN• 2 I .—The corpse of Commodore AT RINS has been taken out of the grave in Fialthing churcb.yard, where it had been deposited, and from thence carried to the Church of Husbye, where it was deposited in the sacristy with due military hp hours. The resident clergyman, Mr. SEIESIISTED, Of Rusbye, on this occasion, held a discourse which Was heard v.ith great approbation. STOCKHOLM, JAN. 3 I.—On the 26th, one thouL Band French troops entered Stralsund, having given notice, on the 25th, that such was their intention, and *siring quarters might be provided for tilem.. This circumstance has given lite to various conjec tures; we are, however, satisfied BERNADOTTE is our true friend. E XTRACT OF A LETTER FROM VIENNA, DATED JAN. 15. \Ve learn that the Austrian Court will furnish the Illyrian Provinces with several millions worth of grain, agreeably to a convention lately concluded be -IWeen the'Cuurts of Vienna and Paris. We know nbtl►ing positive relative to the nego tiation at Bucharest. ADVICE TO COMMERCIAL Mercantile men are informed, that iRI 'be coursc 1 3 . 1 Feb r ua ry next , t h ere w ill b e at Magdeburg a - .le 4) (Coloni a l products, belonging to his Majesty the Emperor of the'Ft ench, King of Italy, &c. &c. The sale will principally consist of from 4 to 5(10 0 klogrammes of dyeing wood, of different de ..cfiptions ; about'looo kilogrammes of- clayed su ers; and tOOO kilogrammes of different sorts of free. The precise lime of the sale, and the conditions, Will be hereafter announced in the Journals. COPENHAGEN, JAN.. 12.—A number• of dead bo dies have been found on the sea shore between Ox- IV° and Nyeniandgal, itt Jutland, probably from the English ships of the line which were wrecked there a few days ago. Among them are 21 women, 2 ,Ilegroes, 77 men in, sailors_ dresses, i 1 in soldiers d resses, t officer, and a man in an ordinary dress. 114 4v1ojesty has ordered that-all the :bodies clothed - 28 Officers, which are found on the shore, %hall be L 'Acied with military honours, and that notice shall he taken of their persons, and auy particular marks they may have about them by which they may be kn own. • His Majesty has ordered, that the Knights of the Order of the Elephant and of Dannebrog, shall assemble on the 28th of January, at the Castle. of Rosenberg, with the cuMornary ceremonies, con-. formable to the statute of these Orders, M. DE MOLTHE, President of the Chamber of Customs,- Minister of his Majesty, Knight of the Order of the Elephant and Grand Cross of Dannebrog, has been appointed Direaor of the Customs of the NOTTINGHAM RIOTS.--The Nottingham Papers of Friday last have come to hand. We are sorry to Perceive, from their contents, that the outrages of the frame-breakers still continued. It is true, that their operations have, during the past week, been less extensive than formerly; but we know not what merit they can claim on this head, since, from the number of military quartered in the leighbour hood, and the vigilance of the local police; they laiust be supposed to be under mord restraint, and bave less range for their op rations. LETTER FROM LUDD.—The following is a literal copy of a letter stated to have accompanied the re turned articles which htd been stolen at the time When the frames were broken at Clifton " Unknown Stranger, I have entrusted these,. Articles into your Care, and I do insist that you Will. see that they are Restored, to their respeetNe opera it is with extrearn Regrat that I intorn yow hou thay Came into mY hans when I came our with InY men their weir sum joined us that I Never had ad with me before and it wear those Vii:iads that - plundered but ass we wear g&n out of Clifton one of toy Men came and told me that he Beleivd (hat that those Men ad got some thinck that they had no tusiness with I theirfore gave horders that they should be searchd and what we found on them we left the thing: at the LoWn End and I hope that the oners has got agen we were gust agoen to have. hang'd one of the Villends - when we weir informed that the Solders weir at hand and We thot it Right to Retreat. " N. B. The men that had the things- weir• en tire strangers to my borders or they Never dworst not' have tuch'd one tiuck but they have been punish ed for their vileny for one of them have been hangd for 3 Menet and then Let down agane L ham a friend to the pore and Distrest and an enemy to the oppressers thron. (Signed) "GENERAL LUD." Three French Officers were brought by'a Mes. senger to the Secretary of State's Office, on Thurs day, from - Plymouth Dock. The came has not transpired. LAW REPORT. EXCHEQUER CHAMBER, F. 8. SIR FRANCIS BURDETT V. THE SPEAKER OF THE HOUSE OF COMMONS This imporfant question carne on to be argued by Writ of Error, from the King's Bench, before the Barons of the Exchequer, the Chief Justice of .the Common Pleas, and Mr. Justice Heath, Sir S. Law rence, and Sir A. Chambre, being prevented by ill health from giving their 'attendance. Mni CLIFFORD argued the case on the part of the Hon. Bart. contending, that however competent the power of the House of Commons might be to main— tain its privileges in the House, it had no right to exer cise those means of enforcing hem out of the House, which the Law and the Constitution had denied them. The power be meant, was the military force employed on the occasion, which was the subject of the present action. If such a prin, ciple were to be admitted, - he contended that the House of Commons would have as much right to.. command the regular standing army or the country, as the , Monarch himself. But he maintained the contrary of that proposition, by assertin g , that had the Commander in Chief thought proper to refuse the aid of the soldiery to enforce the Speaker's warrant, he would not have been guilty Of a breach of i the privileges of the House.— But in order to support the legality of the measure resorted to by the Commons, they were bound to shew, that the Commander in Chief world have been guilty of violating its privileges by so refusing. He was free to admit the House had authority to m.3intain- its privileges against any in terruption to the just exercise of its Irgislati , ,e deli beration ; but he denied that they had a tight to en force its authority by any other means than the Law and the Constitution had recognised in them, name ly, their Serjeant at Arms and their IVlsssengers. In no instance had military force been used, either, before or since the time of the Long Parliament, to enforce its privileges, except on the present occa- , -sion ; and he pu' it to the wisdom of the Cirt, whether they would . recognise such a lawless pre cedent as that to which he alluded. or whether they wwild come to a decision in his client's case. He contended, that the cases which were, most relied epon on the ollfer side were such as ought'to have n.-,.:eight at the present day, because they were decided in tim:'s, either of party heat, or enforced from tear of personal consequences, to the Judges who decided them. Mr. RICHARDSON, with great learning and ability, took pretty much the same ground of argument, as that taken by the Attorney Genet al, when the sub je& was discussed in the Court of King's Bench, contending, that as it was admitted the House of Commons was a Court of competent jurisdiction, it ought to have the power of enlacing its authority, when treated with contempt. In this case, he con tended, that the objection to the military force, ployed, was without foundation, because they were to he considered in the same light as constables or citizens. Sir J. MANSFIELD was decidedly . of opinion that there was nodmw in the ohjeetion of Mr. Clifford, to this last part of the question, and said it was the same whether soldiets of sailors were employed, if the right of the Commons to enforce their ivileges was made out. .. Further argument postponed to' the 22J of Apri' COURT OF KING'S BENCH, FEB: 8. THE KING V. THE BISHOP ()I , LONDON AND ARCH BIiHUP 01 , CANTERBURY. Lord ELLENBOROUGH, after stating that lie had availed himself Of th; , oppoitunity which the inter val ince yesterday afforded, to read o' rr the various affidavits in this case, proceeded todeliker the opi nion of the Court, It was to be observed,' that the duiduti or the Court to interfere in such'a case as the present, was to be construed by reference to the Act of the'thee 13th and 14th of Charles 11. by which it was declared, that no person should be permitted to ati as a Lecturer or Preacher, unless he were first approved, and thereto licensed, by the Archbishop of the province, or Bishop of the, diocese. The question, then, was, what was this approval, required by the Statute ? It 'was cleat ly a condi tional precedent, without which the Bishop or 410- bishop could not be called on to grant his licnse. If the Court saw that, in the' present case, the Bishop had not' lain himself out to acquire the means of a deliberate approval of DO6tor Povah, if he should find him to be a fit person to be licensed a Friday Morning Letlurer of the Church in ques tion, that might be sufficient cau,e fur the Court to interfere. But it appeared, on the contrary, that the Bishop had used all due, reasonable, and proper means to enable him to come to a deliberate and fair tiecision on this point. The affidavits of the Bishop himself bore; that, after every due deliberation, he had come to a conscientious opinion s and conviction, that he could not, consistently with his duty, approve of Dr. Povah, as, a.fit and proper person to be the . . . Friday Morning Leatirer of the church of St. Bar tholomew, and that from this, and from no other motive, had he refused him a Lcense as such Lee - , turer. lithe Bishop had Made a return of this kind to the mandamus, on the idea the Court had granted it, would not such return h t‘e been sittisfatiory.— The Court had never been desired to at upon, nor had ever thought-of . a wing on, the conscience of the Bishop. Unless, therefore, the Cotirt could repeal the law, and take from the Bishop the power of ap proval reposed in him, They could not grant the pre sent application. His Lordship agreed that there was a duty to be perfotmed 'both by the Archbishop and the Bishop. Ot what nature this duty was, he should not at present consider. That the Records of the Archbishop's Court furnished no instance of au • application to the Archbishop as within his province, but only within his Diocese, did not approve that no such application lay, but only that none so h had been made. If any application, however, were here to be made to the Archbishop, his Lordship it would be a substantive application. The Rule must be discharged as to both. The ATTOR:igY GENERAL hope.] that as to the Bishop of London, the ILtie might bia. discharged with costs. Lord ELLENBOROUGH said, this was probably the `first case on this particular point, and therefore, the Court was of opinion, no costs ought to be given ; "but if any similar case should 'be (Odd, they would theta do what was right. CAT FIOLIC DELEGATES. COURT OF KING'S BENCH,. DUBLIN. TOE KING V. KIRWAN. : The Traverser in this case .found Guilty on the 30th ult. of a misdemeanour by a breach of thy_ Convention A 6, was this day brought up for Judg-. 'ment, when the Court was pleased to pronounce as •ollows :- Mr. THOMAS KIRWAN.—You have been tried upon an indiftruent found against you, upon the statute 33d King, commonly called the Convention At. You voted and acted in the Election of De legates, toerepresent the Roman Catholic inhabi tants of a certain distlid in the' City of Dublin in the General Catholic Convention, and after a pa tient and solemn trial of four days, you haVe been, upon clear; conclusive, and uncontradiaed -evi dence, found Guilty. Indeed your own Counsel, eminently qualified to make the most of any case, seemed from the begin ning to have abandoned and admitted the fast, for instead of controverting that fact, which was not committed in a corner, they confined your defence first to a challenge of the array, which after two days discussion,• proved false in its foundation, and malignant in its motive ; 2dly, to an endless and tiresome course of unavailing and irrelevant Cross examination ; and lastly, two certain nonsuit points, evading the truth and merits, of the case, certain alleged variances between the indictment and the evidence; which being submitted to the Judges, were unannously, and without hesitation held by them to be immaterial, and were overruled: The act of which you stand conviaed has been declared and enacted by the legislature a high misde meattour—nott for being in ita own nature contrary to any principle of honesty, or morality of justice, but for wise and political reasons, namely, because. in the words of the statute « the election of repre sentative bodies may be used to serve the, ends of factious and seditious persons, to the violation of the public peace." The statute, therefore, first de clares and enacts, that all representative bodies—all delegations for public matters, are unlawful assem blies, and provides that even the pretence of petia tioning, whether true or false—that the most ,con stitutional or - seecious of all purposes, shall "not serve to cloak the proceeding. The statute then proceeds in the wise' spirit of precaution to arrest the offence in the very first steps of its march, and it enacts, that the primary or constituent meeting, the voting or acing at such primary meeting, nay, even the publishing a:notice of suc'n intended primary meeting, shall be a Wea, misdemeanour, and thiS before it is possible to say what the conduct , of the future - eledted essembli will he In - a word, the puatence of petitioning forms no zetnpetent ingredient of the offeuce, it is the construction or constitution,, and not the con duet or objeerof such an assembly, wiaich makes the criterion of its legality or illegality. It is not the province of the Bench to vindicate the Legisla ture, but it would be easy to chew that there is no hardship in ehe.Statute —it restrains alike the Pro testant and the Catholic—it dues not controvert a single point of the Constitution. t • By a superabundant care, it saves the sacred right of Petition, leasing it in the (elate piecise ind cot:trillion as when , asserted at the glo rious Revolution by the Bit of Rights. Thus that inestimable and unalterable privilege of a tree peo ple has been expressly saved alike to all the seas o' Ireland, whether ProtestantesPr7sbyterian, or rto , man 'Catholic, :n the same purity and perfeaion in which it is enjoyed by our fellow subjeas in England. And for myself,- I own I do not desire tom we in a wider or more enlarged sphere of civil and political liberty, than that high minded and intell genapen pin are contented to enjoy.—ln Engfand, where a clear conception and a noble jealousy of their rights, and privileges, are known to pervade the whole mass of the people; in their wildest excesses of freedom, assemblies of this description were ne ver thought of. These Conventions: and Congresses, and other assemblies, formerly elected to represent great bodies, are exclusively of Irish growth, and have always been plainly calculated to overawe the Parliament, to controul its deliberative faculty, and •o brave and brow-beat tl.e Government. Such was the Dungannon Conventionists of 1793 ; such were -Volunteer Conventionists of 1782 ; such Were the Catholic Convention assembled at Kilkenny in 1642, composed precisely of the same teenetials as the. present Catholic Convention—uf Peers and Prelates, and of County and City Representatives, who commenced their labours with solemn pro , lessions of humility and moderation, and ended forming themselves into a Parliament, and assuming , the funaions of a Legislature. Such assemblies as they are the representatives of discontent, become by an easy and natural trari a. •sition the ministers of sedition. I am persuaded from the well •known personal charaaer of. some leading individuals of the Convention, that they have entered into it with the most innocent amid even virtuous views,- and that they would he the last to harbour any desire against our Constituiion—that glorious Constitution, which every iietividnal of them has sworn to protea in Church and in State. Butt it is in the nature of man, when lie once pessee the limits of • the law, to forget soon his past motive of :valor), and often to launch Mee excesses and extravagances, at the bare mention of. -,which, his heart at first would h we recoiled. Turbulent and loud-tongued politicians, whose trade is decla mation, and whose motive is not refiZion, but am bition, swirl command and domineer at such as semblies, the light and worthless like Chaft• ri'e to the surface, and soon acquire an ascendancy, while those of intrinsic weight and sterling value. sink to the bottom and disappear ! Under these circemstances, the Government, in discharge of its prime and most imperious trust, hake stepped out seasonably, and with ri laudable energy, to avert the impending danger, but with an encegy not more laudable and efficient than the moderation and conciliatory aphit wllich they have since displa) ed, the Attorney-General- having ob tained, upon two several occasions, the deliberate constru6tions of the Court upon the Statute in question, feels himself at liberty to indulge the well-known mildness of his nature, and the magna nimous moderation of his Government, and has en tered a noli prosequi upon the several other depend ing cases : he has done this too, unclogged by any disparaging terms or condition, confiding implicitly in-the loyalty'and good sense of the Catholic Cen vention, that they will bow with becoming and re.;. tif)edttut submission to the law as now expounded... expounded, i• is true, by a fallible judi(Ator ; iut still the established law of the lind, 3s thus (.=xpound ed, till the, decision seal! be reversed by the Bernier resc7t.. Before this the first juridical construtiinn of that statute, it was but fair to ,resume, that the Catho-• lic Body acted itt mere error, and not undei - a w ilful - and perverse - tni•construction of ,a law upon A hich some axle and virtuous men had entertained a con scient-wus difference of opinion ; and therAcre every antecedent' violation of it was a wise, conciliatory and just policy, to overlook' and to consign to obli vion. But the case henceforward will be widely different; henceforward no -subject of the land, whether Protestant or Catholic, can say that he vio lates the law inadvertently and without notice:--- every future infrattion of the statute, as it will be wilful and contumacious, so it must be visited with ,the most exemplary.punishment. Before I close, allow me to recommend, Sir, to you, and through you, to the- Catholic Body, the sage council of their best adviser, and their cordial friend, the Solicitor-General. I agree implicitly 'with him-, that • the Catholic Cause his not so mischievous an enemy as the Catholic Convention. • That unlawful assembly has 'diverted -the public mind from the true question, and before the great question of Catholic Fmancipatiort can be discussed the laws and Constitution, which this assembly has invaded, must be vindicated. It is not through 'the wounded sides of the Constitution, or over the trampled laws of the land, that they can hope to win a passage to the Temple of Liberty. It is not by an intemperate course, calculate,] to excite the alarm of every reflecting mind, that they can hope to assuage the prejudice, to strengthen their. friends, or to \ perSuade the Legislature that their claims , are either expedient' or pst. It that brilliant Combination of eloquence, good humour,' and sound good sense which was poured out upon . . the • subjeaif That fascinating display of every thing, that a highly gifted head, ani an amiable heart could suggest, has failed to,conciliate the Ca tholic Body, or to open their eyes 4;) their true inte. rests—the right road which they should pursue, and .to their hest friends.—Why then; it is in vain to offer them admonition, though one rose for that' pur,pose from the dead.—But I don't so despair of them,—The Court entertains the most. sanguine hope, that the At of Parlia meni, — wha had never been awakened into adion, will be allowed to resume its long slum- . ber in the Statiaie Book, and in that hope, have resolved to india upon ycu a nominal punish . - inefit. Feeling it, however, to be their duty to exijess their most marked reprobation of certain . sl:inderous pra.aices; in the course of your defence ; but particularly of your affidavit ; though circulated in congenial papers with all the tralph of truth, was found to be so this e aid scur rilous, is to be ordered off - the tile, and not allowed to polity e' thAtecords of Luc Court. sentence of the Court that you, Thomas Ktrkvan, be fined one mark and discharged. Mt . Kirwan bowed to the Court, and retired. In consequence of a remonstrance from M. TAL.• LEYRAND, the Landamman of Switzerland has no tified to the Cantons, by a circular, that all persons, without regard to their country, should ne forbid set tling in their witiwut irseviuuely permission of the Fretlch legation. Yesterday morning a meeting took place in the neighbourhood of Hampstead, between the H .n. Mr. --- and Mt W-, of the 10th Regiment ; but after an exchange of shots, through th 3 judi cious interference of the seconds, the difference was accommodated in a manner equally honourable and . sdistaaory to all panics. A morning paper states,, that the terms offered to : Mr. KEMBLE, by the American Manager, are fionol. sterling for seventy performances. Several 'offers of reward, and pardon to accom rlicei, are. published in The Gazette of last Satut day night, for the disCoVery of murderers and robbers, and one particularly concerning a poor man,' near IVlere, in Wiltshire, who was set upon by sevrrat villains, robbed of a ten pound note and some silver, and beaten in a most barbarouS manner. An audacious attempt was made to rob the house of Mr. Watts, No. 19, Oxendon-street, ort day eight last, about nine o'clock. , The mistress of the house, who was sitting in the kitchen with her - servant, observed, that she heard footsteps in the passage and on the servant going up stairs, she was met by two men, one ,)f whom knocked her down, and alarmed by her shrieks, the fellows made otf. It appeared that the robbers had effe6ed au entrance by picking the lock of the street door. SMITHFIELD MARKET, FEB. This day's Market was well supplied with prime Beasts ; and the show of . Cattle, in general, wiis middl , ng; Beef and Pork wero dearer; Muttsimand Veal soppy tlast?prices ; and the trade, for be most part, was somewhat brisk. The Sales in ,the H.4y- Maikei were rather lively; Straw fetched a better price ; Hay and Clover sold at last prices. We. subjoin an accurate statement of the prices and numbers. To sink the Off ! per stone of 81b. Beef; 45 - . od. to 55. 4d. Mutton, 4s. 4d. to is. Sd. Vcal, Ss. cd. to 85 cd. Polk, 4s. 8(1. to 65. bd. Beasts, zoto. Sheep, 12,100. Calves, 98. Pigs, 248. 'SMIT.HVIELD HAYMARKET. Hay, 41. os. od. to sl. ros. od. Straw, .zl. os. cd. 10,24 rss. Clover, 51. os. 0(1. to 61. ISs. od. . • CORN - EXCHANGE, FEB. 10.—The arrivals or Wheal to-d ty make but a short supply, and salt s brisk at an advance of about 3s. per quarter from Friday's rrices ; Rye is dearer; Barley - likewise ; Mali and White Pease support last prices; these are but few Beans of either bind, and higher ; the sup plies of Oats are also short, and sales in it is.iraue readily maintain the late advance; Flourfully a , . the last quotation. Wheat - 7os a 95s a ttzs Tick Beans 505 alfs Fine ditto - ti6s a izos Ditto (fine old) -57 s a 53s Rye . 9as a 58s Oats - 3os a 33. a 3(4 Barley - - 445 a 53s Poland ditto -38 s a 39$ Malt - -78 s a Bbs Potiltoe ditto - 4cs a .414 WhitePeas,boilers 765 a Bzs Rape Seed - 6zi a bbl. Grey Limo -58 s a 645 Fine Flour - - 9oS a 95s Beaus - -54 s a bos Seconds - Sjs 4 9,3