The Sun. — London, England, 1812-02-06 00:00:00

convictions. I have no doubt of the right of society to inflial the punishment of death on enormous crimes where ever an inferior punishment is not sufficient. I con sider it as a mere modification of the right of -self defence, which may as justly be exercised iii de terring from attack as in repelling it. I abstain from the discussions in which benevo lent and eidigtitened men have, on more sober prin ciples, endeavoured to spew the wisdom of at least, confining the punishment of death to the highest class of crimes. I do not even presume in this place to give an opinion regarding the attempt hich has been made by one whom 1 consider as the wisest and most virtuous men of the present age to render the letter of ()qr penal law more con formable to its practice. •My only object is, to slew that no evil has hitherto resulted from the ex ercice of judicial discretion in this Court. I speak with the less reserve because the present Sessions are likely to afford a test which will determine whe- ther I have been aduated by weakness or by firm ness, by fantastic scruples and irraiional feelings, or by a calm and steady view to.what appeared to me !he highest ;nterests of society. I have been indiked to make these explanatiops by the probability of this being the last time of my addressing a Grand -Tory from this place. His Majesty has been graciously pleased to ap prove of my return to Great Britain, which the state of my health has for some time rendered very desirable. It is therefore probable, though nut cer tain, that I may begin my voyage befote the next sessions. In that case, Gentlemen, I now have the honour to take my leave of you, with these serious thoughts which Baturally arise at the close of every great di vision of human life, with the most ardent and un- mixed wishes for the welfare of the'community with which I have for so many years been connected by an honourable tie, and with thanks to you, Gen tlemen, (or the assistance which many of you have often afforded me in the discharge of duties which are necessary indeed and sacred, but which, to single Judges, in a recent Court and small society, are peculiarly arduous, invidious, and painful. One of the cases which came before him him was that of an Amorican lady, indicted for attempt. ing to poison her husband's mother. The trial Listed from ten in the mot ning till ten at night. The Jury, after retiring for a short time, brought in a special verdict, which the Court having considered as equkalent to a verdict of Not Guilty, directed to be recorded as such. At the close of the Sessions, the Foreman of the Gratld Jury delivered to the Honourable the Re .. corder the following letter, to which - the accompa, trying answer was sent : TO THE HON. SIR JAMES MACKINTOSH, KNT. EP.- COBDER OF BOMBAY. MY Loan,—We, the Grand Jury, have learned with regret, by the valedictory charge delivered to us at the commencement of these Sessions, that the connection which has for seven years subsisted be tween your Lordship and us, in the administration of public justice, is on the eve of dissolution. But we trust that those splendid talents which have ren dered your Lordship so conspicuous among-theemi pent men of the present times, will soon be called forth for the public service in a more extended sphere. , - As a mark of respect, we request you win do us the honour tc sit for your portrait, which we arc de sirous of placing in the Hall whele you have so long presided with such distinguished ability; and with cordial wishes for your sale reinrn to your native country, we have the honour to be, My Lord, Your Lordship's obedient Servants, \V. T. MONEY; Foreman. Grand fury Room, July tb, 181;. Bombay, July 17, azz. Sia—T request that you will present- my grateful. acknowledgmeit to the Gra:l,l Jury, for the address with which they have honoured me. Conscious rectitude must often be the sole support of a Magistrate, whose most unpopular duties-may be the most useful ; but it would betray unbecom ing confidence to be indifferent to the deliberate and final approbation of a body of Gentlemen, most of whom have been long and near obi,ervets of my of ficial condu&, and who, both from their private charader and their public fundions i are entitled to speak in the name of the comrnuoity. However humbly I may estimate my understand ing, and how much soever I therefore ques tion the justness of your commendations, I can not doubt their sincerity. Flattet y is not an English vice, and there can be no motive to flat ter a person from whom nobody has any thing to Lope. I must then ascribe the partiality which has dic tated these praises to your long observation of a quality , whidi I may Clairra for myself, without he sitation, and without presumption, a most earliest desire to administer justice according to the diaates of conscience and humanity. 'ln that conviaion I receive these praises as a higher honour than ii I had presumed to think them more strictly just. • 'soon as I reach Great Britain, I shall take measures for complying wirh the desire so honour • ble to ma, which the Grand Jury have been pleased to expres. I have the honour to be, Sir, Your most obedient humble Servant, JAMES MACKINTOSH. MAILS. ~;:y experience has been acquired, h has been safely arid innocently gained. It ‘.v<is, ;ncieed, in.possible that the trial could ever have done -,arm. It was made on no avowed prin ciple 01 impunity or even lenity. It was in its na tu7e ,;radna:, st Meat to cauti. , us re-consideration in every ta, ,, tw i stautv, and easily capable of being altoget.ier changed on the least appearance of dan ger. Tht.ugh he general result be rather remarka ble, ye. the usual maxims which regulate judicial discreti,m, have in a very great majority of cases been pursued. The instances of deviation from those maxims scarcely amount to a twentieth of the whole T H S U N. SOLEM QUIS DICS FALSUM AUDEAT? L 0 N D ON. THURSDAY, FEBRUARY 6, 1812. American Papers to the 30th December were received this day. We have extracted the chief part of their contents. HOUSE OF REPRESENTATIVES, THURSDAY, DEC. 2G. Mr. REED presented two Petitions of certain mer chants of Salem, stating that their vessels and car goes, sent to Naples after the issuing of the Presi dent's Proclamation of November 2, 1810, were there confistated and sold under the Berlin and Mi lan Decrees, and praying relief. Referred. Mr. PORTER, from the Committee of Foreign re lations, reported a bill authorising the President to accept and organise certain - Military corps (not exceeding b 0,000.) The Bill was twice read and referred to the Committee of the whole for Monday next. ' NEW YORK, DEC. 30.—Nothing can be more un- W ounded than the opinion entertained by some, that because the resolutions reported in Congress by th Committee of Foreign Relations were not opposed by the Federalists, they are of course in favour of a war with Great Britain: The question of Peace or War was not distintily brought before the Le gislature by either of those resolutions. In lac), the Chairman of that Foreign Committee him self declared, that they were merely pro posed as preparatory measures ; that is, in plain English, as :NI " Essay towards" War.—r These new-fashioned Statesmen had sense enough to discover, amidst all their eagerness for con quest and plunder, that it is too soon, much too soon, to go to war.—They therefore bravely an nounce their intention to fight—when they are ready, leaving Great Britain to look on and anew us time to make all proper preparations at our leizure. The Federalists, we repeat, in voting for those resolu tions, by no means pledged themselves to under take Quixotic expeditions, yet it mortified the crusaders excessively, to find their own measures supported by their political opponenta, in the most profound silence : they were quite confounded by this vox et prxterea nihil. However, talk they must ; and for once succeeded in overwhelming all opposition; because none existed. In truth they were in a sad plight; compelled, " by duty to their con stituents," to make speeches, in order to convince those who never expressed a doubt, they had re course to the "domestic manufaaure" of objec tions, which they then most ably answered. We - this morning received Spanish Pipers, o which the following are extracts CO RTES. JAN. 2t .—At half after ten the Cortes assembled in a permanent secret session, far the election of the five individuals who are to compose the Council of Regency. Astitivite —2 Anholt. Dux—l Malta. r Guernsey, i Jer sey, i Brazils, t Dublin, 4 Waterford. PRICE OF STOCKS. THIS DAY AT TWlELYt.o'cLoctc. corliolg, . . . 62 ii I Red. Ann. - . The people, who view in this election the pros. perity or ruin of the Spanish Monarchy, the tri umph of the Usurper, or the independence of the Peninsula, shew the greatest interest and impa- tience to know the important result of this session. May it soon be announced to us that the new Re gents are worthy to govern the Spaniards by their knowledge, their decided patriotism, their love for the new Constitution, energy, and rectitude, with out which gwalifications they cannot obtain the pub lic confidence. At half after eleven at night, the session still continued with the most impenetrable secresy ; not only had no deputy come out, but not one of the attendants, whose business it was to wait on them, CADIZ, JAN. 19.—We are assured it is a point already settled, that the Regency shall consist of five members. It is said, that on the return of the troops to Chiclana from the expedition to Tarifa, there was a meeting among the Polish soldiers, who refued to march, without resting, to Seville, as they were ordered, which order could not be enforced till some of them were put to death. J. 14.—1 t is said that General BALLESTEROS will not yet leave the camp at Gibraltar ; it is also said, that he will make a movement on the enemy's lints before Cadiz. SAN EiTEVAN DE PALACE, DEC. 4.—The head quarters of the Ist Army are now here. The ene my have at length passed their grand convoy from Gerona to Barcelona, but not with impunity.- In the operation they have employed 14,000 infantry, 700 hotse, and eight pieces of artillery. HEAD - QUARTERS ON THE HEIGHTS OF LA GARRIGA, nEc. 6. Yesterday morning, at nine o'clock, 4000 infan ry and 400 horse, with four pieces of artillery, at acked these head-quarters of the Ist army ; they were however completely repulsed and pursued in their retreat to Granolla, which they reached at three in the afternoon, with no small loss ; our's 6 3 was nct considerable. Intelligence arrived yesterday from Spain, which though not of a military.,nature, tends very much to console us for the disastrous accounts which we have recently received from that .kingdom. A change has ken place in the Spanish Government—a Govern ment which has hitherto checked and frustrated, rather than guided, the exertions of the gallant Spa niards. Colonel TEXADA art ivied yesterday with Dispatches announcing a complete change in' the Council of Regency. The new Members are the Duke Of INFANTADO, General (YDONNEL, Admiral VILLAVICENZA, Governor of Cadiz, M. RIBAS, and M. MOSnUERA. There is reason to believe that this new arrangement will prove as satisfaeory to the Spanish Colonies as it will to ttie Mother Coun try. It would be absurd to attempt to underrate the reverses which the Spaniards have sustained; they have been most calamitous; and if we were not convinced that the whole population of Spain is ir ritated almost to madness by the unprecedented cruelty and treachery of the French, and if we did not know that inflexible perseverance forms the dis tinguishing trait of the Spanish charaEter, our hopes of ultimate success would be very faint indeed. But if the exertions of the Spanish people are guided, as we trust they will be, by an aElive and energetic Government, there is strong ground to hope that, , powerfully assisted as they will be by Great Britain, they will ultimately triumph overtheir unprincipled invaders. We have received some French Papers, from which we have extracted some interesting particu lars respecting the siege of Valencia. We call the attention of our Readers to the re newed Report which we this day give of Mr. PER CEVACS Speech,_ on Tuesday last, respecting the Claims of the Irish Catholics; and though we pre tend not to give more than an outline of that Speech, which was distinguished for solid argument and the dictates of enlightened policy ; yet as our Report conveys a clear and decisive stxerneni of the sentiments and views of the Right Hon. Gentle man, it will afford much satisfaction to every real friend to our Establishments in Church and State, which have so long rendered us the envy of all sur rounding nations, and secured to us freedom and happiness at home. Yesterday, at two o'clock, a Cabinet Council was held at ihe -Foreign Office, which sat till past five. Sir SIDNEY SMITH and Mr. 1 - 1. ADDINGTON were in the Office during the sitting of the Council. Yesterday Sir SIDNEY SMITH transaaed business with Mr. tt►e Under Secretary of State in the War Department. Yesterthy IVljor GORDON, who brought the dis patches from Lord \V ELLIN GroN, was iottoduced to the PRINCE REGENT, at Carlton House, by the Earl of LIVERPOOE. His Excellency Sir EVAN NEPEAN, Bart. will embark for his Government of Bombay early in the next month. The dispatches which were received by the Hor net for the American Charge d'Affaires, have been forwarded to Liverpool for America. The Hornet, we understand, returns to Cherburgh immediately. Colonel DAVIES has been appointed Lieutenant Governor of Van Dieman's Land, and will take his passage oe board one of the transports fitting out in the River for New South Wales. It is reported, that he takes out a company of Marines with him. Letters received yesterday from Paris to the 3oth ult. state, that BUONAPARTE had ordered the seizure of eleven American ships, lately arrived in the French ports, as a reprisal for the seizure of a French vessel at Philadelphia, under the following circumstances :—The vessel in question had been captured by a French privateer hom an American Citizen, and Carried into France ; after which she was soli. as is averred, to a French Merchant, fitted out anew-, and sent on a voyage to America, where the citizen recognising the vessel, obtained an order for her seizure from the American Government.— The case came on to be heard before Judge Wash ington, who decided in favour of his countryman, on the ground that the vessel in dispute had never been regularly condemned as a lawful prize in the French Courts. The whole proceedings were laid before the French Government, by which they were strongly reprobated; and the seizure of the Ameri can ships is said to have been the consequence. A letter from Cassel, dated Jan. 8, says, " It is found to have been Le Sage, a blacksmith, who was discharged from the Royal Stables, that murdered Count Moaco." Lord DUDLEY and WARD has resumed his an nual custom of distributing, at this time of the year, more than two tons weight of the best bread an.! meat to the poor in his neighbourhood, at Kimley Hall. But the benevolence of this amiable Noble man is not confined to a particular period of the year, but is always prompt and active on every occasion in which he can render service to man kind. Mr. KEMBL.E has received the most flattering overtures to enter into an engagement to perform in America. The offer, indeed, is of so very liberal a nature, that, it is said, he is likely to accept it. In that case the Americans will have a genuine spe cimen of the classical excellence of thie English stage. BANNISTER is now performing at Edinburgh, and Mrs. C. KEMBLE has been induced to renew her en gagement for a few nights in that City, in order to gratify the public with their united talents. It is somewhat Curious, that among the Officers who are mentioned with high and merited praiie in the last dispatches from Lord WELLINGTON, there is a Major STURGEON, but one who in every respect is a ut)blv. reverse of FOOTE'S dramatic caricature. NAVAL NEWS PLYMOUTH, Fan. 4. -- -Arrived the American-tit/I Hannibal, WHITE master, belonging to arid from Baltimore, bound to Bourdeaux, with about 400 tons of valuable goods, consisting of coffee, sugar, cotton, indigo, gum, pepper, oil, spices, Bcc. de tained on the 30th ult.after a very smart chase of 15 hours, by his Majesty's ship Aie►nen, -of 38 gulls, Captain Sjr MICHAEL SEYMOUR, Bart. and the Me• dusa, of 32 guns, the Honourable Captain BOUO TRUE : the former fell in with the Hannibal twos days previous, and chased her several hours, but the latter, owing to her very superior sailing, escaped. On the 29th ult. she encountered - a- very heavy gale of wind, during which, her rigging, sparse and rudder, received considerable damage, and her main-yard was carried away : owing to the latter circumstance, may be attributed her capture, as she' is a remarkably fast sailer; but one of her principal sails being rendered useless, prevented her escape. The Hannibal is one of the finest American vessels of her class ever brought into this port. She is pierced for twenty-six guns, and had at the time of her departure from Baltimore sixteen mount ed, twelve of which were obliged to be hove over board during a storm on the coast of America ; she is 851 tons burtlsen, with a complement of 150 men, and sailed, on the 15th December; The Ale men and Medusa had been reconnoitring.Bourdeaux, just before they fell in with the Hannibal, in which harbour, two frigates and a brig were lying at . anchor, and had lately . arrii,'ed there, which in all probability were those that have been cruizing in the Western part of the Channel, and on the coast of Spain. The Hannibal is 137 feet long, and with her cargo, it is said, has been valued . at 100,0001. • A boat belonging to his Majesty's ship Tremens does, lying in Cawsand Bay, in attempting t o c r oss the bridge, between the Island and Mount Edge.. connbe, yesterday morning,, was upset during a squall, and we lament to state, that three of the boat's crew perished; the remainder, with Captain CAMPBELL, of the Tremendous, who was in the boat at the time the accident happened, were picked up, after remaining nearly half an hour in the water. Sailed the Grace cartel, CAMPBELL, for Modals, with released French prisoners. Madame RomaGG l also went passenger in the Grace.— Also, sailed the Collingwood cartel, HOPPENS, for Merlaix, with Mr. ARDEN, who is the bearer of dispatches lean the American . Minister in Lucian to the America° Minister in Paris. Sailed the Oresses on a cruize. Arrived the Steady gun-brig from the Straits. Gibraltar, and Cadiz ; twelve days from the latter place, and is under quarantine, She brought over Spanish Colonel, who is charged with importonl dispatches for Government, with which he landed , ' and set off for London immediately. Hi* Majesty's ship Latonti takes convoy to the Downs, and will sail on Wednesday next. PORTSMOUTH, FEB. s. —Arrived the Spitfire from a cruise, and the Royal Uak at St. Helen's. Sailed the ringeur for Basque. Roads ; Temeraie for Plymouth ; and the Bramble and Illetpotnene to join the Portugal convoy, now lying in Cov e° Roads. Dropped down to St. Helen's his Majesty's shi? Poiaiers. FA LMOUTH, FEB. 2.—Arrived the Mary and Elizabeth American ship, WHITE, Master, frota Boston, in 23 days. On the 30th ttlt. spoke the Fortunje and Endymion frigates, who had been in pursuit of two French frigates, but without success' On the 3lst spoke his Majesty's sloop of war .I,Pe terel from Lisbon bound to this port : she has o°l yet arrived. YARMOUTH, FEE. s. —Put back his Mdjesty' 4 ships Starling and Thrasher by contrary winds.' Remain in the Downs his Majesty's ships Sae' Lay, Portia, Starling, Thrasher. and King George cutter. GoTTENnunc.l4, JAN. 24.--Fro our coast, or posite to Denmark, we hear that 40 masts, 260 balks, 90 barrels of tar, and about 40 dozen of deals, have been picked up from spore wreck. The Briton, WARD, has arrived at Liverpool from Oporto in eight days. A vesiel with clothiers oil on board, is supposed to have foundered off the Isle of Wight; one large" cask, marked [S] No. 13, has been picked up and carried to Cowes, and another to Southampton. A Gentleman who left Gottenburgh on Thurs day last states, that the body of Admiral REYNoIDS, who was lost in the St. George, has been found, and that the King of Denmark had ordered it to bo brought to Copenhagen, where it is to be put into 3 lead coffin, and conveyed to England. Government, we understand, have it in contem plation to impose duties on the importatio❑ Of rum, wines, tea, &c. in New South Wales, in order to pay the Civil Establishment of the Colony, which is in a very flourishing state,