The Sun. — London, England, 1824-04-20 00:00:00

• _yam/4%4,75, . . , . . . • ~N , \I ~ p,,.. - ax 0 -,,,,\•%, ....-_ .., . H .V._. 04 : i r'n , - - N 'Awah , • - * .. .. , t\ ni• , ,1 , • ‘ '7ll i\\ Id 1 4.' itZ • DYV.. L y ' y 7.6 ,5/ / 1 &7 1 1 7 64 /tar, Ntlij BER 9560. TUESDAY, APRIL 20, 1824. PitrcE, Stvr,Nr.Exci. EQUITABLE ASSURANCE OFFICE. A:GENFAAL COURT of _this. SOCIETY vrirl be holden here on THURSDAY, the 49th inst., 41 Jilts-en - o'Cloch precisely, for the ELECTION of DIREC TORS for the ensuing Year. . WILLIAM MORGAN, Actuary. INDIA.-FREE PRESS. Arndt having been found in. the priivince of Bengal, in the East Indies aforesaid, Without suckLicence or other lawful autho rity, has been duly arrested. and seized for the pUrpoSe of. being dealt With - according to law, I therefore 4 l4' virtue of the powers and, authorities in that -behalf committed to me the said Go vernor-General by statute in "such case made and Provided, hereby authorize, chaige, and require, you, the Said , John Vaughan, Esq. Town Major aforesaid, to receive, and 'safely to keep and detain in your custody, the body of the said Sand ford rnot, in Port • William in Bengal, aforesaid, until he shall be remitted and sent to England, on board some one of the ships belonging to or in the service of the United CRIB , pally, of Merchants of England, trailing to the East Indies, which shall next after the date hereof be dispatched to the United Kingdom, that the said Sandford Arnot, may be there landed and discharged, at sach - port or porta.or the United Kingdoin, where such ships'Shall be moored in safety, at the termination of the said voyage, as the said Sandford A - rnot may think fit, pursuant to the statute in such ease Made suid provided. In the due execution . . whereof, all Justic es of t h e Peace, constables And qthers Whoin may concern, are to' be aiding end assistitig, and for, so' doing, this shall, be yours 'O4 their Warrant. Given 'Under my , hand and seal, at Calcutta,at Fort William in Bengal:, the .Twelfth day of Septe m ber, in the year of our :X.o Ppe, T Eight Hundred andlutsand • Twenty-three. '• . • wsfer 9f PaPei" IN THE SL - PREIIE CQUILTor JUDICATURE AT FORT LIAII, IN ILENGAL- 6 ,CROWN,SIDE,-,1. THEM TIER OF SANDFORD ARNOT. , _ . . .. ed to tne-hythe nake and de,icription of John Vaughan, E s sq4 . Town Major bf Fort Williatii in Ilerigid, did authopze, char , acidrequireme the aaid John Vaughan, to receive and sa to keepand detain in my custody, the, body, of the said. , ~..- ford - 4 -Irnot in Val. Willi wi in Bengal aforesaid, until liv .4441 j be toothed llitt:eiit to gnglapd . on . ..board some oni of the, shipt belongingtO.Or in the service of the United ComPani cif , Merchants or. England tradink to the East Indies, which should, . next after the date of the said last mentioned warrant be 44; patched to the Lhdted Kingdom, that the said Sandford Ais!iit ' may be there landed and cliichafged at Such port or ports Of the United Kingd - om where suer ship be moored in safety 14 ~, the. termination of the sa id vo y age, as the.said Sandford ArtIOI may think fit pursuant to the s t a t u t e i n suc h case mide:ititi: provided ; and I do further most humbly certify . and rel . to the Jdsti ces o f t h e sa id S upreme .Court or. 31 - W4c/duke ;•• fort William in Bengal, that in pursuance of and in obedle.44 to such last mentioned *arrant or the said GoVernor-Geniiiii, I, the said 'John Vaughan then and still being the Tovk Majdr of and f ur the Garrison of Fort .William aforesaid, .i the execution of my said office as Town — MAjor of .44 for the Garrison ,of Fort William aforesaid, did, as it ,wl9 lawful for Inc to do,, on the said 12th day of SepteraW imtant, receive7a.nd t;-the the body of the said Sandford AiricAs and him the said Sandf or d Amor do still detain and ke-,x . IT fay custody ai4' in the execu ti on o f my office 0 ee as Town-Major as, aforesaid; and - by virtue of and in - obedience to the said last Mentioned warrant of the said Governor-tiericral to me as afore. said; directed and given as it was and .is lawful for me io.doi and I do further humbly certify that no ship or ships belong : ing to or in the service of the said United Company, hassir have been • diSpatched frotir Fort William aforesaid to jltj, United Kingdom; since the date of the said last mention. ed warrant" of the said Governor-General, dated the 19' -': day 'of - SePternber,' i n t he y ea r Of o ur L or d, : 1823, an this is the cau s e of th e c aptio n .and detention of the , Supreme body I have ready before the JustiC4, of the said Sdpree Court on the day, and at the place' in Writ - officibeci; Corpus, hereupon trineied, mentioned as, the said N.Viit of ifabedi Corpus I are commanded. . •: TILE CASE OF MR. ARNOT. [From .the Calcutta Journal and Bengal liurkaru of Sep - tenaer 25, 1823.1 THE Q UARTERLY REVIEW No. LIX. WAS PUBLISHED on SA FURDAY, the 17th Instant. ORDER ?ORRIS TRAWSISIISSIONARREST BY THE POLICE —IDIPRISOMMENT IN FORT WILLIAM—AT4I RELEASE ON A WRIT OF lIAREAS CORPUS:i The proceedings which have taken place, with regard to Mr. Arnot, late Assistant Editor * of the Calcutta Journal, in con sequence of the order of the Right, lion. the Governor-General in Council for his removal t o th e United Kingdom, ,have been ; noticed in this paper, from time to time, as they (=tired ; but in giving an account of the proceedings in the Supreme Court on on his being brought up and discharged on a writ of Habear Cor.: . pus—which are of infinite interest both in a legal and constitu tional point of 'View —we think it necessary to preface it with brief recapitulation of the different previous steps which led to thitievent.' Such a retrospect has been rendered the more ne cessary, by the. errors which have gone abroad ; some of them uncontradicted : and where the contrary is the case, the emen.: datioii.being disjoined front the misstatement, does, not afford. complete security that the truth will survive, and prevail over the ertor against which it was intended to bean antidote. The following is a Succinct account of the mode of procedure. adopted : SEPT. 4. A bout mid-day, Mr. Arnot received an intimation from the Magistrates of Calcutta, in a note signed by their clerk, requesting him' to call at the Police Office, which he accordingly did immediately. Messrs. Alsop, Paton, and Birch, ha v i ng taken their seats on the bench, gave iiir t u to tanderstand that they had received . certain. instructions from the Government respecting him, with Which - , it, was_ their duty to Make hint ac.. quamted. Mi. Paton then proceeded to read a letter from W. ii. Bayley, Esq. the Chirf Secretary to, the Government, to the Magistrates, dated the 3d Of September., directing them. to.rall Mr. Aniot before them, anti Apprise him that Government had adopted the resolution of remormg him from. India, as comma bleated in a letter to Messrs. Palmer and Ballard of the saute date thereto annexed. _ . TRIAL OF REV. JOHN SMITH, DEMERARA. I R IS Important. TRIAL, from the Copy in the Possession of the Directors of the London Mis tionary Society, pointing_ out the..variations.from the Copy printed for the use of the House of Commons, and contain . Ing.the Questions, as put by the Court, is in preparation, . and win be published with all possible expedition. NEW ARGYLL ROOMS, REGENT-STREET. M R. IIAWIS.. most r es pb c tf u ll y informs the Nobility, Gentry, and h is Friends in general, that his CONCERT •will take place at tfie abbve Rooms, -on FRIDAY, April 30th, 1824. The following eminent Performeri have promised their As sistance :—Mrs. Salmon, Dais's Paton, Miss M. Tree, Miss '0n0d,... all, ' and Miss Stephens; Mr. Graham , Mi. W. Knyvett, Sapio Mr. Terrail, Mr. Hawes, Mr. J. Elliott, Mr. 'Gburden, Mr. 'Mullinex; Mr. Clark, M r . J. B. Sale,• M r . Welsh, and Mr. Bellamy. Leader of the Band, Mr. Mori, who will Rerform a Solo on the Violin ; principal Violoncello, Mr. Lindleif ; Double Bass, • Dragonetti; Harp, Mr. Boc hsa. C kmductor, at the Organ and Piano-forte, Sir George Stuart. The Band and Chorus will consist of One Hundred and Twenty Performers. The following are among the Pieces which will , be • per-. /anted :—Handers Overture to the Occasional Oratorio, with a dditional A ccompan i ments, by C. Kramer. Coronation An- Wenl, 'The Ki ng s h a ll re j b i ce Knyvett. Song, Mr. del itiatn ' " What passion cannot music raise and qual"—Han accompanied on the Violoncello by Mr. Lindley. Song, ,ms Stephens, ." Sweet Bird ;" accompanied ori•the Flute by :',.-r-INicholson—Handel. Scene from Dr. Crotch's Palestine Recitative; Mr. Bellamy, "Is this thy place, sad city , ;" Air, tett eiguard' ian spirits ;" Chorus, " Oh ! happy once ; ' Quar 7 1 .,„.2 Lo, star-led chiefs." Cantata, Mrs. Salmon, " From v. l3oi v'rs"--Purcell. Glee, 4 , Discord," (by desire), Messrs.. and Q nnYtett, "Hawes, Elliot, and J. B. Sale. Mts. Salmon d on Arnbrogetti will sing a favourite Duet°. Mrs. Au :: *ill perform on the Piano-forte,. " Grand Variations 's of Blangini' s , with Orchestral AccOmpaniments, ; Cz erneY Canone Mrs. Salmon, Miss Stephens, !tod . prate Pa ton,' ‘-,Perfida Weber . cele d Overture t o " D er F reysc h utz .” Gloria Pam" by • a. Double Orchestra, &c. &c. To conclude Gciatid Chorus s, Olsing unto Jehovah.!" arranged frorn-4.kr Masses!' li.le-m ets: - kiilf-a-Guinea each, to be had at the Royal Harmo 'WC Institution, Regent street ; Birchall's, and Chappell's, New B ond-street 4 Power's; •Strand'; ' Goulding',s, Soho-square Preston's, Dean -street, Soho ; Clementi's, Cheapside; Betts', Royal Exchange; and 'Of Mr. Hawes, 7, Adelphi Terrace: • Full Particulars in a ew days. • SEPT. 16—,Application was made in Chambers •to Sir _An thony Buller for a writ ,of ,iirdciing. that 'Att.. Arnot, confined in Fort William, under a .warrant of the Right lion. the . Governor-General, .in_ the custody `of Lic,ut-0 1 "el Vaughan,. be b roug h t ur i and disposed of as the: Couit shoOld direct. . Sir, A nthonyltuller granted the writ,. which was serv ed that evening on , Lieut.-Colonel .Vaughan, and made re-. turnable on ThurSdeTthe 113_•'i at ,tion. The following is the form of the application made to the Judge: on liehAlf of Mr. Arnot SUPREME COURT-CHAMBERS. . . , PETJTION. - TO the Hon. Sir Francis Woj-kman Matnaughten,Enight, • . Senior, Justice, 'andlila.Couipanion Justices of the said • Supreme Court : , The humble PetiiiOn of the above;.named Sandford • Arnot, SHE wErx—That your petitioner was, on the 12th day of the present month of .Septecnber, • while proceeding from this Hon. Court to the office of the Calcutta Joiernal, seized in the public street, by two personA...repr.esenting . themselves .to be constables, who forcibly convej(etLyour.petitioner to the Police- . Offiee, , where he was taken bekay-p.Pharles Paton, ' Esq. one of his Majesty's Justices .of ;,nfAce ill and for the town of • Calcutta. That your petitioner ; was,shOrtly - afterWarils ' taken by tbe direetiOn and order of the saity,:Cliarles Paton, Esq. from the said Police-office. into the . rart, - at, Fort .Willia.n, where - he was delivered into the etistedy of . ,1,14t.-ColOnel John Vaughan, Town and. Fort Major of Fort.:Willit;lP• • • That your petitioner was, big4 . order of the said Lieutenant- Colonel 'John Vaughan, conaeyed, to the Royal Barrack in the Said 'fort, where be was forcibly, and against his, will, placed in confinetnent, and imprisoned in a room, the• wind ows of whiEh are secured by iron bars ; and your petitioner is not. to leave the said room, unless accompanied and Attended by a military sentry. That your petitioner is still confined as a prisoner in Fort • William aforesaid, under custody of, and by the order- of, .the said Lieut.-Colonel John Vaughan. . _ _ , &fore the flonourible 8;r FRANcrs .111AOLtowiEN and Sir AXTI-10NY BuLLEtt. That your petitioner i 3 ignm 7 ant of any cause for which he ix or can be imprisoned, _ Yourpetitioner, , therefore, humbly prays, •. yoUr Lordships will be pleaSed to order,that his Alajesty's . W.rit of gabeas CorPia do issue, directed to the said Lietit.,Culunel John Vaughan, commanding him to have the bodY or 'Your peti. tioney, together with the cause of detaining your petitioner . , be. for your Lordships, at your Lordships' Chambers in the Court Muse, at Calcutta, on the 18th day Of Seftetnber, instant, at the hour of 11 o'clock, in the .forenoon of that day, to do, and receive, .and.he subjected to, what. your Lordships shall, thgn, and there, be pleased. to consider of yOur petitioner in that behalf— And your petitioner shall every pray, Ac. (Signed) T. TURTOii. An affidavit of an individol who witnessed the arrest and imprisonment in' the Fart, wrLs annexed; but as it merely re= pests the circumstances stated in the petition,. rather More in detail, it is unnecessary to publish it. On the above petition and affidavit the Hon. Sit. AAthony Miler grated the following : 71 _ , NEW MUSICAL FUND. • • THE Nobility and 'Gentry; Subscribers to this Fur* and the Public in general, are respectrtilly in. formed that' the ANNIVERSARY DINNER of this CHA RITABLE 'INSTITUTION will take place on THURS. Ax 7, April the 22d, at FREEMASONS' HALL, Great tieen-street, when the Committee will use every exertion to afford the Lovers of Harmony_an excellent treat of Vocal Music. His Royal Highness the Duke of SUSSEX, President. STEWARDS. . . John Harris, Esq. J. Buckton, Esq. rhirries'Trilselton; Esq. ,T. Easex Mus. Doc. •- • Fred. J. Fuller, Esq. Philip Wood, Esq.. PhH. Stedman, E sq . David Sim, Esq. ' J. Meyer, Esq. ' S . W . Rowsell, Esq:Thos, Bentley Hudson, Esq. J. Barwise, Esq. . . J. Docker, Esq. - , . J. Jay, Mus. Doc. Thomas Bish, Esq.. Ed. Christian, Esq. John Ca el Esq. - Ben.-Wood, Esq. 4. F. &mailman, Esq. Stewart Cundell, Esq. Ticket's, at 16s. each, to be had of The Stewards; of the Treasurer, J. Kendrick, Eiq. No. 6, Upper • Maryleboue ttret ; .of the Secretary, Mr. J . :King, 15, Little Chapel-street, So.lks ; and aePhe Bar of the Tavern.—Dinner at.Viire o'Clock. N.L - ThiChncert for the Benefit of this Fund Wilftake place at the Opera House, Haymarket, on Thursday, May the 20th ; Particulars of-which will be advertised in due. time. • SONS 'OF' THE CLERGY. THE. REHEARSAL of the MUSIC; to be 'rform e d at the ANNIVERSARY MEETING of this S O.CIE pe TY, will be in the CATHEDRAL CHURCH of ST. PALTL, on TUESDAY, the 18th, and the ANNIVERSARY Iaw i T HURSDAY, the soth of MAY, 1824; when a SERMON Willbe reached before His Eclat Highness the DUKE of CLARENCE, His Grace the Lord. Archbishop . of• Canter - - b ur). His Grace the Lord Archbishop of Yosk, their Lord ships the Bishops, the Right Hon. the Lord Mayor, Sherifft, Aldermen, Clergy, &c. by the Very Rev. JOIIN BANKS 4E,NRINSON, D.D. Dean of Worcester. STEWARDS. Hi ' Ro yal Highness the DUKE of CLARENCE. Hi! Grace the - Lord Archbishop of YorIC, (fecond time). The }-1° "• Sir John Hullock, one of the Barons of the Court bf EtticheqUer. Th e Right Hon. Robert Waithman, Lord Maydr. The Ve r pettn, D.D. P rov o s t y. y Rev. H. N. Pearson, D.D. Dead of Salisbur The Her. Edward Colo of Oriel College, T Oxford, and Prebendary he H. B. Harrison-, D.D. ochester Rector' of ROEBfook. Nor .hamptonshire, an d o f W arm i ngton, Warw i c h s hi re .. ford 1 se Rev: Ge orge Richards, D.D Vi c ar ' o f Baidlptort, Ot shire . f ti Bev. John Russell, D.D. High Master - of the Charter house School. The Rev. Edward Maltby, D.D. Preacher of Lincoln's Inn. Tlftnna*Jackson, Esq. Thomas Lett, Esq: flu Esq. baskiel7Stoere, Esq. John Angerstein, Esq. Thomas Pares, Esq. The Mode wilt consist of the Oterture• of Earlier, Mr. 'Handel's Grand Dettingen Ty Deuni, arid Jubilate, with the Chorus .froity the Messiah...o. Hallelujah, for tale Lot& God Omnipotent reigneth," an Anthem composed on purpose for this Charity by Dr. Boyce, and Mr. Handel's Grand Corona tion Anthem: The Music to be conducted hr Mr. Grea. torts. Mr. Attwood will preside at the Organ. Leader of Band, - (which will consist of the Members of the Royal Society Of Musicians) Mr. Ware. The Doors of the Cathedral will bes- opened, on the Toes- Aar and Thursday at Eleven o'clock; but no Person cast be 4dniittrd without first contributing - to the Charity ; an d ail Pers ons contributin g th ere t o w ill be actutittell into the Chureh . wit houtTickets. Tickets for the Dinner on Thursday the 20th May, at Merchant Taylor's Hall to .be had gratis, of Messrs. Riving_ tons, St, Paul's Church-yard, and 3, Waterloo-place, Pall 'lalh; 'M ri essrs. No rnar ill e and Fell, Booksellers:, 134.11td-street ; Ititcbar, Piccadilly ; at the First..Fruit's-Othce, Temple ; and o f Charles Bicknell, Esq. Spring Garden Terrace,• the Secretary to the Stewards - , by whoin Eenefactitnis to this Charity will be thankfully received. N.B. The whole of the Collections at st. Paul's and Mer capprenticing lint Taylor's.Hall . will be appropriated' by the. Ste-words' in the Children of necessitous Clergymen: . . STRICTURES CURED. it y a new M et h o d the above trou blesotne Jur. Complaint is entirely eradicated, (without' the use Bougie or Caustic), whether of long or shoit standing, ex tept Constitsillonal, as well as all weaknesst.s gener'slif companying and in a short time the whole systen,, is re esettblished, being one of the greatest discoveries ever Maths. By JOHN LYNCH, 44, Duke•street St. James's. • Respectabile refere nces w i ll be given, if requited.—All Let ters pusi.paiti: ca. The price of the Medicine is Four Pounds a parcel. A perfect Cure for Bilious' Affections an - d'Dliittu'difoifs in the Bowels. w i'lSe'erisy ♦sill be observed. - 711;:iaton7ai;oread the - letter addressed to 1%1 eksrs. Palmer and .Ballird, in which it was stated. that the grou rid of the above resolution was 'the following passage in the ,Calp(tfq ;Jou rna l o f the 39th of August, page VS. . ‘, Our readers cannot. but recollect the subject of the paper for which Mr. Buckingliarn was removed from . India. The Mention of'. this _event, is essential to our present argument : and we hope we may.speak of it as a matter of history without offence • as we shall express.no opinion on it either one-way or t anatlier. If it were not absolutely necessary, we should - not even allude to it; but in doing so, we shall not, for a momenty, forget the `respect due to the establishecl,laWs and government of the country. The article ikquestion, related to thenppoints ment of Dr. Bryce, sigerk to the Stationary Committee; and the part of it which is understood' to have been so offensive to the gOvernment, ,as - to determind,Mr:"BuCkingham's transmis sion, was an allusion to the repOrt of Dr. Bryce's being the author Of thaeletters, placed in connection with his appoint merit to his ieculiir office. Thus, it - apgears, Dr; ilryce's re puted antlioriship- and pluralities, were the cause of Mr. Buck mgharn's removal ; .and of the new lawswhich are in conse queka established for. the' Press. „But for him, this scociety might' have continued ages; nor have Veen deprived of, one of its members.—AVhen those who watch with anxious ex'pectation the progress of irn provetnent in this country, and the spread ofthat Gospel which c4nmissioned. to' preach, Dr. Bryce coogder the effects of these measures -.it will be for . them to award hiin the praise, or censure, which . theY. thinkhe has deserved." . . • • The letter - to the Magistrates stated, that, holdiri,c; Mr. Sandys - and Mr. .root reeptinsible for this article quoted, as 41 r• SandYo Could not be subjected to any direct markt of 1 thedisjileasure of the government, suitable to the occasion and J the nature of the offence, . which Would not egitally injure the .1 interest of the. share-holciersifl the property, but Mr. Anat.' being native, of Great Britain residing in ,India without - license, the • UovernOi-General in Council had accordingly re,- solved that Mr. Arnqt should be sent to England.. In pursu once of this resolution, the, Magistrates were directed to inform • Mr. Arnot, that if he. should voluntarilY. engage to,proceed to England a n d t o embark on board a ship for that purpose, with in one month from the date, of the leiter, and should enter into such security to. da SO eta might appear to the _Magistrates snffi: cient for that purpere . , :then the tiovernot-ticneral in Council, would not subject .lii:n to the privations and inconveniences *bleb would necessarily 'follow the enforcement of the process authorized in the CIS'. section of the.s3d Geo. 111. cap. 155 for arresting or =tiding. to England persons found in the East • Indies without a licence; and if he failed to giVe sueli securi ties, then the usual warrant would be prepared and . sent _to . them With - Mit - del - ay. These doCuments having been read over, Mr. Arnot observed, that, this being the first intimation he had received of the inten tion of the Governtnent to send him to the United Kingdom, he Was of course. not provided - 0 - th any securities', 'nor prepared to or not he thould'offet'any ; not knowing what Might be • the effect of his thus binding himself to leave the ccitintry.— .For instance, if it could hOeonstrned into a voluntary departure, lie might then be considered as acting dishonours* towards those, with. whom _lto had e..ontracted ohhttations with the view Of his permanently residing in India ; and rather than incur such an imputation, he would•willingly submit to any hardship that might be imposed upon him. , fle desired, however, to know the amount in which securities Woul d -be required, ardrequest ed that time might be given him to consult his friends on the Subject. The magistrates h av i ng deliberated for some time, informed him, that he would be required to.bindltimself under is penalty of Sicca Rupees •11r,000; with two sureties' iii SIC& Rupees s,ooo.each, to leave the country ; or to take the alter native of a charter-party passage. On his again requesting to be allowed an opportunity of consulting with his fnendi, they consented to permit him to depart on his giving his own per sonal recognizanees to „return and surrender himself in the course of the afternoon, under a penalty' of Sa - : `10,000; which he did accordingly. Mr. Arnot returned , in the evening agreeably to stipulation: but the mti: t istrates having left the * Mr. Argot was also Assistant Reporter; but the title of Assiitatif Editor given him, merely sighified principal Alsist_ ant connected with the paper, the sole reiponsibility or Which rested with the Editor. As it is impossible for any one individual to attend to all the details of a daily publication of 16 quarto Fiag6i, it therefore becemes a matter of necessity that the Editor should have Assistants. e. Sandy* the Editor—beingboin in India, was not liable to trancimisSion. 4- Note: The followi n g - a literal copy of the 104tti Se c tion of the Act, on which the proceeding against Mr. Ainot was fonndod And whereas it may be, doubtful whether the. Governor - Ge neral of Fort' William in Bengal, or other perstins autho rized fake, arrest', and seize srich .persons as niiy lie found within the East Indies, arid other limits of the said Corn pany's Charter, without licence or other lawful authority - for the purpose, have power to rOnift or send any such person or per sons to the said . United Kingdom, except for the purpose of being prosecuted fOr a misdemeanor : And whereas it may be stiffictentin many cases to remit and send such persons' to' the IlnitedKingdorn, without subj ec ti ng t h em to further punish ment;'. .t enacted, That it shall and may be lawful for the said ,Gov.-Gen. or iii his absence from his Government, the Vice Pre sident, GoVernor of any ache Company's Presidencies, the Chief Officer of the said • Conipatiy's'reeident at any British settlement in the East, Indies or parts-aforesaid, the Company's Council- of Supercargoes at the town and factory of Canton, within the skid town and factory, and upon the river of Canton, or other part'of a coast" of China, and such other persons as May be from time. to time especially_ deputed and authorised for that purpoie by the Court of Directors of the said United Company, AO take; arrest, seize; and, cause to be taken, arrested and seized, 'at any place or places Within the 'East Indies .or parts aforesaid, and to remit and send ,to the United Kingdom,, on board any .ship or ships of or belonging to or in the service of the said Company, bound to-the United. Kingdom,, all such persons so tieing found at any 'sixth place or places in the .East- Indies or pails aforesaid, without' licence or , other lawful'authorkty for that purpose : and the masters or other persons lieving.the command of all such. ships,' shall, ,and they are hereby au rhietl' and required to received, and safely and securely' to .keep all and every such person and persons who shall ,be sent on Board' any ship Or . ships for the purpose aforesaid, until such person or. persons shall belanded in some port or ports of the United Kingdom : Provided always, that every person who shall he so put on board any,such ship for the purpose, afore s4id, shall be entitled to be discharged in such port of the' United - Kingdom; in which such ship shall be movedin safety, as such person shall think fit. office, he was directed to be in attendance at eleven o'clock, next morning. SEPT. e.—Mr. Arnot having again appeared this forenoon Y Magistrate on d u ty, stated that he s b had efor m e a e d i e r. , P re a p w r n es , en th ta e n t o ion l to the government;on the subject of his transmission, which he h oped would be successful ; and h e therefore requested that th e worthy magistrate would postpone the matter till the result w as known. He, at , the same time, is/led with a uth en ti ca ted 'copies of the do cumentsthe reeelution anddirections of the govern ment requested concerning to containingb e furnished r emoval ; which, he said, would be neees-- sary previous to his giving the securities required on the pre ceeding day, as above stated, for his quitting the. counter; since, without some authentic doeument to shew the precise -nature of the charge aefinst him, for which this order had 'been passed, he could not ask any of his friends to stand seeu ritron his account ; as it might be supposed to be something of'a very criminal and disgeaceful nature ; in which case, of course, no one would allote eta name to stand along with his in any shape; and .without- tome proof to shew whether the charge was of this etature rr not—at present, it could only be estimated from the amount o f t h e pun i shment. O n t hi s repre sentation, Mr. Paton leXteeated that the copies should be granted, and allowed :be iirnot to depart on the same recog nagain surrendering himself SAME DAY.—Mr. Area, feeling considerable anxiety to thizea next nces day. a s before, on conditio n o f peruse the documents which contained the orders respecting him,e-eturned to the Polfeeoffice in the afternoon, for_ the pur pose of ascertaining - if the copi es w ere yet prepare d as he had been ledto expect ; and in that case to receive them. - At the time of going into the office, there happened to he a full bench of 'magistrates—(Messrs. Shakespeare, Paton, and-Birch, we think, were those presente e -who entered into a new discussion of the subject. Mr. Shaspeare thought Mr. Arnot had no right to make his obtaining a copy of the papers, a preliminary to his granting the securites required for his quitting the coun try. Mr: Arndt submittet, that it was-a reasonable request to be.furnished.with copies papers so deeply-_ effecting his in terest; and endeavoured:Ai)_ shew, on . the . grounds already stated, that the possession of such co** roust facilitate the pro curing of the sureties recteired, by enabling hire to satisfy his friends as to the true nature of his offence. Mr. Shakespeare thought they might take flat upon his own word n%l r. Arnot rejoined, that 'persons knclving the favourable light in which every one reg ar d s hi s own conduct, would noteeerhaps suppose him destitute of that partielity mere than others; and would therefore act unwarrantable, weie they_ in rely entirely on his ideas for a correct view of tie case. Irefine, that his conscience would not permit him to ar4 any one to standsecurity for him, - ' until he could adduce some' unquestioiiable proof; such as the above documents afforded, of the nature anti amount of his offence. Mr. Shakespeare askieg, if Mr: Arnot . meant by not giving. security, to resiet the orders of the Govern, ment : the' latter replied that he had no idea of •any thing like resistance; but as his sudden removal would blast all is prospects —prevent thefelfihnent of his engagementede pending on hie continuancehere—aird ina wordeinvolve imrnediateruin--he should do all he could by a representation to'the.Ooyernment, to arreist his fate : but if this failed lie had no rerned.y, and was at its disposal. Although, •under such eir eemitantes, he could not, voluntarily, beconie accessary to his. own removal front the country—he .woultie of course, submit to' necessity. The :Magistrates decided that they were not warrant ed to givener. Arnot die-Copies required.;- and allowed him to depart on his personal racoguizanccs, as before, on condition that he should appear therteagail next forenoon. Mr. Arnot - the Chief Secretary to the tiovernment, through whose o ffi ce t h e being refused copies front the Magistrates, addressed a letter t o papers had passed, requesting to be furnished with official copies. • SEPT. 6. Mr. Arnot having again appeared at the Police Office this forenoon, wee; informed by Me. Paton the sitting Magistrate, as tit:result of the representation above mentioned; that the Government hadneeolved to admit of no modification Of the orders respecting' -removal from the eteuntry, noti -41_41 their letter of. the Ye e ;;:et. The • worthy Magiateita aka. informed Mr. Areot, that he was'authorised by tee Government to famish him with copies of the documents required by him.— On the subject of the sureties Mr. Arnot stated that be was pree cisely in the sanie predicameneas before. On being refused copies-yesterday afternoon at the Police, he hall made an appli cation to the Chief Secretary, but he had not yet received them. Mr. Paton allowed Mr. Amok to depart till the evening, when he promisee that official copies of the doeunien te required should being incidentally ma d e t o M r . de Referenceeeenntry aithouta license, Ale. Arnot ob- A be in renotdsy being- for Lim.. lii i tn n * li er v e d th a t, froth the practice o f. wan) , ,years past, no notice being taken w hether persons have licensee or not, about whiCh no one seemed to care any thinge. and the little security a lie cease a needs, provided the GOverniment be resolved to remove an-individual from the country,--h e laid no *tress whatever Upon the possession of one. However as eowartle the close of 'the Marquis of Hattings' a d m i nistration sonic surmised the possibility of different rules being acted upon at some future period, he being desirous to comply , w i t h w h a tever regulations or practices might become c urrent, availed himself o f t h e op. portunity of a gentleman of i n fl uence proceeding to England, Who promised to use his interest to procure him the -fennel • sanction of the authorities at home for his. residence in' the Country. This he was therefore in hoped of ehottly receiving, had his residence here been prolonged.- • . SAME Arnot returned to att the copies which had been promised him in the morning; and *as given to un derstand that the copies intended tt, be given him were 'mere teafiscriptse--not in any manner atithenticeted. Thia not being What he had expected, he declined receiving them, as .they should trot answer his purpose. He informed the witting ma giserates, Messrs'. Pawn and Al so - 1 , , that ete had prepared another representation to the govermieent, which he hoped would be more successful than the former, and requested they Would postpone matters until the result should be known. He was then allowed to depart ott his personal recognizance. as before: SEPT. B.—;Mr. Arita: informed the niaglitrate4, that his Second representation to the government of date the Bth instant, h a d been iiiven in, and in order to allow time for the resolution • t b et i on being known, they allowed him ( mtosep. lo.) de t parton his former recognizance S/pT,10..:-- til lV l l l% r. - A ed int a nedaY afternoon ttentlect in conformity with his pro. vise, when Mr. Paton. furnished him w i t h o ffi cial copies of the documents, signed and sealed by him as a magistrate of Cal data, and . atlhe same time informed' Mr. Arnot, that be Was authorized- to intimate to him that the representations'addressed to the gotternment, had produced no change in their resolution, respecting his immediate removal. Ile informed the magic. &ate that no securities had been brought forward for the rea sons above stated ; viz. not having •been in possession .of the Copies just then granted. . Mr. A rnot having received the above intelligence, then asked if he was at liberty to depart ? which question being answeTed by Mr. Paton in the affirmative, Mr. Arnot left the office without being required to enter into any flirther recognizance* to return. A warrant for Mr. ArnOt's apprehension ;sing by that time-granted, orders were immedi ately after issued for his being taken into custody. SEPT. 11.—Mr. Arnof addressed a letter to Mr. Paton, ask. ing, whether, being now at list in possession of the doCumentS he had required, securities would be accepted; and received for answer, that the warrant had been Wwed for his appre hension, antfale.:securities wonld.not be accepted till he was in Custody. StPlt. 12.--This day, about noon, Mr. At'not WWI taken . into custody at die entrance of' the Calcutta Journal office, by two,ierjeants of Police, and conducted - before Mr. - Paton the Magistrate who served him with the warrant of the Governor- General for his-apprefiension-. When Asked, whether he vras yet ready to give security to quit the country, Mr. Ar. not answered, that being now deptived of his personal liberty, he could not take upon hitimelf the responsibility of such:an act. lie was then .conducted by the officers of Po lice to the Fort, .where he was transferred to the custody of Lieut.-Colonel - Vauglian,• the Town-Major of Fort William, Who lodged/14n in the-Strong Room, Royal Barracks, where he was confined on the following warrant:— THE WARRANT. The Right Hon. Millimn . Pitt ',Ord - Amherst; Governor-6e neral of Fort William in Bengal —to John Vaughan; Esq. Town Major of Fort William in Bengal. It being duly certified and proved to me Right Hon. Wm. Pitt Lord Amherst, Governor-Veneral of Fort William in Bengal, that. Sandford Arnbt;a:subject of our Lord; the now King, of and belonging -to the United Kingdom of Great Bri tab-rand Ireland,bathlaeen. and resided in .Calcutta, at Fort William in Bengal in the East Indica, and is now at Calcutta, at Fort. William in Bengal aforesaid, in the East ladies, within the limits of the exclusive trade 'of the United Company. of Merchants of England trading to the East Indies, without the Licence of the said United Company, and without being other- Wise thereunto lawftilly authorized, and contrary to tke,statitte, in that case made ond provided, and which said tkandford •WRIT ; Of' IiABEAS CORPUS. Fort William in Rengal.—George -the Fourth, by th e G r a ce Of God, of the United hilgdom of *Great Britain and Ireland, King, Defender of the Farth, and so forth : To Lieut:-Colon e l John Vaughan,. Town .and Fort Major of Port Williarn Greeting; We arrnmand you, that you have iha body of .ford Arnot ; by whatsoever name he it: s e:llW now, detainin g in. your .custody, unlawfully, as it is said, together with the day rind cause of taking and detaining. the said Sar4fOrclArmit, be fore our trusty; and well beloved Sir Francis W'orkrnan naughten, Kt. Senior Justice, and Sir Anthony Buller, Knigli Puisne Justice , our, s u preme Court of, Jiul iCatti re at. Fort William in 11engal, at their Chambers at the Court House-at Fort Williarrkafaresaid, on the 18th day of September. instant, at the hOurof twelve o'clock at noon of that day, to do and. re ceive, and be subjected to what our said Justices shall then and there consider of him in this behalf; Witnesi Sir Francis . Workman Macnaughten, Knight, Senior Justice at Fort Wil liam the 16th day of. September, in the fourth year of our. Reign,. and in the year of our, Lord Christ, one thousand eight hinidied- and twenty-three.. T.. Liwix, Clerk of :the Crown. Hou.a, Attorney. (Signed.) A. Rui..x.,Eit. SEPT. 18.—Th.e Return was . postponed till tomariori at the request of Mr. Pee, the CoMpany'S was ac ceded to on the other side. RETURN TO THE WRIT. Made by the Town and Fort Major of Fort Earn. I, John' Vaughan, Esquire, a Lieut.-Colonel in the Military Serviee of the (Jnited Company of Merchants Of England, trad ing to the Eatit Indies, Town and Fort Major of Fort William, do hereby, most humbly certify, and return to the Justices of the pipreme Court of Judicature at FOrt William in Ilcn al, 'that Sandford Arnot, in the Writ of, Habeas Corpui hereunto annexed, Mentioned, was, on the 6th and 12th - days of B,eprem: ber instant, and still is a subject of our Lord the now King of, and belonging to the United Kingdoiri of Great Britain and. Ireland, residing and being at Calcutta, at Fort William, in the Province of Bengal in the East Inclies, within The lrinits of the elusive Trade of the said United Company, without the license of the said United Company, and without , being cithier 'ti-ise thereunto, lawfully authorized, and who was trot on the Said 6th and 12th days of September, instant, or either of 'these days, or at any nine since, nor is now in any manner legally authorized to he, or remain in the East Indies, within the limits of the said Trade of the'said United Company. ' That on the said 6th daY of . September, instant, the Right Hon. William . Pitt Lord Arnhem, Governor-General of , Fort Willlam In Bengal, did, by his Warrant, by . him duly signed and sealed, authorile, charge, and require, William North and Joseph Laverry, two Constables, in and for the Town of Calcutta; and each of them' to seize, tale, and arrest, the said Sandford Arnot, wherever he should be fbund in the Proiinces of Bengal, Behar; and Orissa, and places subordinate to the Presidency of Fort William' afore said, and him safely to keep and detain and to deliver over the body of the saki Sandford Arnot if so eirested and taken to me John Vaughan, Town Major of Fort William in Bengal afore said, to be by the kept and det a ined i n c u s tody until' lie the said Sandford Arnot should be remitted and sent to . England on board some one of the ships belonging to or in the service' of the said United Company, which should next after the date .hereof he dispatched to the said United. Kingdom'; by virtue of which said warrant and according to the powers and instruct ' lions therein contained, the Said William 'North and Joseph Laver' (lid in Calcutta aforesaid, afterwards arresf the body of the said Sandford Arnot, and' did on the 12th day of'Sept. in conformity with the poviers and instructions in the said war rant of the said Governor-General, in -that heir:Elf, contnined, deliver over the body 'Of the said' Sandford Arnot, so arrested; to me, the said John Vaughan, then .being, Town and Foit- Major of Fort William aforesaid, for the purpose •in the said' warrant of the said Governor-General in that behalf stated; and the said . John Vaughan; do-hereby further hrimbly certify and return - to the said Justices•that the said Right' Hon. % in. Pitt Lord Amherst, Governor-General of Fort William entre said, by his certain other warrant by him duly signed Oat and seal ed, bearing date 11,th day of September instant, and:direct . - 191h.--About raid-day Mr: Arnot was brought to the Fort, in custody era . serjeant, and -agreeabli to the summons on the writ of llabths Corpus, prodyeed hefoie the JUdges. As it had been announced in the news Papers, Oita the bUsiness was to be done in charribers, not in. the open CoUrt ; a general itnpression Prevailed, that the proceedings '-would be entirely private, and :no - fterston admitted to hear Ahem unkii personally concerned. 'I his, however, did not prevent a great concourse of persons being in attendance, Who were anxious tb hear the result ; and whin it was afterwards found that the Pub. lie were not excluded, as had. been anticipated, many, regretted deeply the erroneous iMpression which bad kept many away from these interesting proceedings. • • . • The Judges having Mken their scats in the large hall, appro priated to the Grand Jnryi when doing business,. the BarristaiS and Attornies -connected:with the case, and some:Others, fa*. their seats at the table plated.ahout the centre ; and the numer ous •Midience - of 'the inhabitants Of Calcutta assembled,• ranged thernselVeS around in the room in the most convenient situatibil they could obtain lot hearing the proceedings. And we mnst now express our regret for not being able to give a more hilt and pole& account of them, for reasons whith ate easily explained. ()wing. to the general impression above mentioned, that the' proceedings Ivottld be perfectly private, - none of the gentlemen who usually report for the Press, came prepared; arareOnSequentli having been taken by suriniss when thepleadingS began, and u np rov id e d w i t h either paper, • pencils, or other' means, -no notes were taken by them.. We have, theta:re; had to labour under unusual difficulties; but CO ensure , as,Peffect an' account of the proceedings as possible, recourse has been had to every person present likely to affbrd any assistanet , t skit frohrtheffintlibotrts of theltePorter of the ti urkatu and our own, this Report has been drawn up : which • will acUOnnt for its appearing itytwOpapers,'on the same day. in the most material part of the RePort—, the opinions of the Judges, we have fortunately poisessed an advantage which enables its to vouch for their atcuracyrthe 'Counsel for Anat . having; as is usually done, taken tio*iiliotes of the judgment, with which we wsre obligingly furnished, and from them, together. with theiaolleetton of three or four different auditors,..besides those of thireprirters of the' papers named, every : thing at all mate rial has been Preserved; and we think we May add; very .tor reedy represented. To e' cure, it' possible still greater accu racy, the jildgment of Sir f'aiicis Macnaugliten, was submitted ' to' hiS Lordship with a hope, that hd would consent to revise:li, but under the particular cireinustimees'of the ease his Lordship declined doing so, On the grounds, however, above stated, we can pledge ourselves for rte correctness although •it can not convey any adequate idea of • the glow of feeling, and the fOrce and. energy' with which it• was delivered.; nor .irn ... part in the reading, that syinpathene delight with which was heard. " ' • Mr. Ttiit - T02.7 appeared as Counsel for-Mr.',Arnot, and Pro ceeded to-state - the 'grounds on which•be Would claim his: charge; but, for the realaoni above stated, we can only give a mere skeleton of suth of his arguments as we curt recollect, without pretend ing &preserve strictlY the order in whiclethey -were urged, or to give the words in which they were expres:;ed.- The Learned Counsel began by intimating, that he had nothing tasay as to the power of Government to transmit to England British Sub jects found in India without a license; hls.business being Solely with the right of itoprigoiing iueh persons in thYinteitnedfate time between the order for their removal •and their embarkation. Before entering "farther -, .into the. question-, he would obierve that; althotigithi had many objections to the return rnad by Lieut.-Colenel , Vaughart 4 to the writ of Habeas Corpus, yet he considered himself to stand non other and stronger g jounde, he would not adduce•these objections unless he was driyen - ter it : and theiefbfe, in 'the meantime,‘ -he waved thein entir 1p; reserving; however; the right of haVing recourse to theriiin• case of necessity.' He would; in the first-mitance;einfrdeffiiii-: self to the quetition•of, whether the . Government. tiole . a iithi by Act of Parliainent, to confine an individual whom they:are abotit to sendhorne ? He would first state itaS a Orinciple firlty recognises( in• English • Courts of Justice, that as , • betty was the.natural right of every man, and nor be abed, except for what the Coinmon Law of' the land diitinctly'dared, to be a sufficient cause ; theiefore no British subject etittid lie deprived of his liberty,' without the eipresS warrant hf atv- - Act Of Parliament. A high legal authority (Mr. Jnitiee Mick atone), hid (131. Com. I, 135), statedtbe grounds - on. vas the Subject could be deprived of his liberty ; arid; hr the ©ruin Charter itself, (or if-he might be allowed to call it the Greatest Chartei), of English liberty, it was declared that , " na should betaken of imprisoned but by' the law , fhl jifderseent of his equals, 'or by the law of the-land." A t The ect:oki. VC the English law (said Sir Wm. Blackstone); 'consists in Cleatilt de fini ngthe times, the causes, and the hen; whirifOrec - and to what degree, the irnprisOnment of the subject may be laiffuh" (M. Corn. 111. hqs it. downi as a Title, tbat the. Oki sonal liberty of the subject so jestatfily guatdett; being :frmi tural inherent right whfchcOuld not be 'surrendered& fOrfeitit'l, unless by the cotmnission of some great and atrocious eritne,z might not 'to be abridged in any "case without themieclfib,pei 7 Mission of law." Now to 'apply these principles. to , tV3l4ttlf Section of the . 53t1' Geo. 111. - on which the conmlitment -of Mi. Arnot is grounded by the Government, we find-that le sf!rnPf+ gives them the 'power "to take, seize, arrest; and send ohtboara a shiplioUnd for England:" There is no, word abdift , i* w .Pri sonment : there. is no arrautno " special.!pertnissibtr,fert his confinement. ' Therefore, all .the co nfide:mut the Goffri , .. ment had a right to inflict, was, that which Was'zccessartwhili ionveying the' individual on board the i hips and no7thoie.z... The Learned Counsel had heard, (for things of tils ki(its in such cases as the present, would get abroad tornetirnes), thattre was to be met on the ground that , althoug h th e Act , tinctly give to . .the Governor-General the power of iinpriqcirt meta ; yet, it was only natural to suppose it contained within itself the power of its own enforcement; and that this * a g power; therefore, necessarily a risin g fr om the - Act itself, in which such . imprisonment, it would - be argued, is neceSgaidy implied. BM in Opposition to such a doctrine, he would Main tain, that such a power ought to be clearly and expreSSlygiierrt otherwifie it cannot be assumed. There was no such' Vower even hinted at in the Act; and no one had a right to suppose and supply what was not to be found there. At the time it era's passed the country was at war 'with France; consequently fleets could only Sail under convoy prObably twice a year.; and from the delay thus occasioned ; there could seldom be opp'r tunities of transmitting 'persons to England ; perhapi once in sir Months . . The 'Legislature knowing this, and that if the power of imprisOntitent were given, individuals Might be soli jected to a long confinenient, did not introduce Stich a P . Ofer. into the Atet: they therefoie aid not in t end the perioni to be mated with such severity ; thinking their - removal to -khz