The Sun. — London, England, 1803-05-23 00:00:00

Int Se. At. rar yth icy tr e, Y li S NAVAL NEWS. Sir EYRE CooTr is to command the Garrison at Colchester. The 52d Regiment on Thursday marched into Canterbury, from Chatham 13arracks : the Scotch Greys, and 14.:11-Dragoons, are also expected to be stationed in that City. The Ist Regiment of Dragoons have arrived at Dorchester from Exeter ; the Ist Dragoon Guards, from Bristol, have replaced it at Exeter. The Huntingdonshire Militia this day . marched from Huntingdon for Bristol. The West Norfolk. -Militia, now at Thetford, ate under orders to proceed to Colchester. The, first diVision of the Shropshire. Militia marched.On Thursday morning from Shrewsbury for Newport, tin' their route to Yarmouth. Circular letters to the Militia Corps have been is sued from the Wat-Office, ordering them to take as little baggage as possible. The. battalion guns attached to the aifreeerliln iintry Regiments, are in fottsre to have horses, and givers mounted, appointed to thcm ; an arringe- alent which will obviate much of the inconvenien ce and delay which formerly attended the progress of site . corps. 'On Friday the :Prima ,of Wiles Packet brought s Ver from Calais 'the corpse of Sir Rouv a.r CRAM-' RI, Who died a few days ago .in. Paris. • 1 - 1 - 1 " 5 !CCOnlilatlied by Lady eft EAS and Sir Roll SVCS On Sattirdity the; corpse 'was sent from J%•cr to town. :LVMOUTII, 111X . y 21.—Arrived the Re-olittienaire, Bodice; and Sirius Frigates, (route Cruize in 'the Channel,. Wilt impressed Seaman. 'he Embargo laid on Shipping has been provisionally talon off; as far as res Peas Coasting Vessels, &niers, and Vest's bound to Ireland, and Foreign Vessels not belonging to he French or Batavian FORTSkIOUTH, M. , :y . 22.—His Majesty's, ship . Prince of Wales, isgone out-of the Indent to Spithead. Several other ships of the line are ina- state of great, forwardness. Orders were received this morning for all the Ships at this Port to take on board Eight Months Provision's, so that no Ship treed return into Port, if it should, be necessary to'de. tech a Squadron from the Channel Fleet. Yesterday, the Corporation of this Borough offered a bounty OF One Guinea•per man,. in addition to the Government i?onoty;for the first hundred Seamen who should enter at P. oretettouth, from the date of the advertisement, and they are to have their choice of any ship fitting, which is not al. ready manned. Sailed the Day, Lee, for Londonderry. ,' HARWI CII, MAY 22.--The Prince of Wales Packet, tapt. ANTHONY DEANE, and. the King George, Capt. !HILI? DEANE, sailed yesterday upon the arrival of the Mail COach, the former fOr Curehaven, with the Harnburgh and Bremen Mails,' and the latter Packet for Helvoetslufs, With the Dutch Mail. 13aron N tcIIOLAY, and Mr. Lvtc, one of the King's Mes sengers, embarked .on board the Prince of Wales Packet, with Dispatches for Peteriburgh. The Prince of Orange Packet, Capt. Pat nos, arrived this morning from Hclvoetsluys, with the Dutch Ilail of yes. terday. DEAL, Msty 22.—Canie down from the River, and,sailed thorough the Downs to the Westward, His,Majesty's Sloops Cruizer and Lark, 'with the I mmortalite Frigate. - , The aelivity of the Cruisers on. this station continues to lender them successful, as the Amelia Frigate, commanded by Lerdy !CORY, sent yesterday into the Downs, the Dutch Wen Indiaman, Phoenix, E %reit ARD WELDEBOOR master, from Surinan‘with colonial produce, bound to Amsterdam. Another large Dutch Ship, from Curacoa, was last night sent itito the Downs, Mit her name has not transpired: Reir..A(llll44 Sir. THOMAS GAA.ltit is to hoist his Flag on board the Foudregarti,"of 8o guns ; the command of which is given to Captain PUGET. Rear.Adiniral RowLET, is commissioned .by the Board of Admiralty, to assist Admiral Lord KEITH in equipping his squadron at Chatham and Sheerness, fat the North Scas. • The Dejfaice, of 74 guns, is crimmiisiOned, and the command of her given to Capt. DtialsA.u. The Magi/Vets/4 of 74 guns; is also put into commis sion, and the command given to Capt. JEavis. The Adds, reduced to a third-rate, will be com missioned at Plymouth in a frw days, and be cum. tended by Capt. GROROit' HOP E. The Delince, of 74 . guns, will be coMmissfoned .this week at. .Chath.on, and the command of her given to. Capt. W. Hots. The tohisus, of 74. guns,. Captain G. MARTIti ,. liS(1 Britannia, of zoo; Earl of NoimiEsic, have beet, ordered info CommissiOn. . Captain A. BE RT I E is appointed to the Ifipdior Carrie, at Portsmouth. The Diamone 'Frigate has: . taken a rich Ship frcim Surinam, and brOught her itito - Portland Roads. The Doris has taken a Ship from Surinam, and sent her into Plymouth. rho i'rize.master reports, that when he left the Doris she went in chase ofa French Frigate. This morning the Baggage of ,the r3tit Light bragoons passed through, the City, and along the Stratal. The Regiment, is matching from Essex to Windsor,' Hounslow, and,Hampton Court. • The DUKE of YORK hai appointed. the following Generals . to he on the Staff of Great Britain : Major. Generals \VINYARD and THORNTON, First Regi:. nitut Foot Guards . ; .Major-Genirats COWELL alid PINCH, of. the Coidstream ; and Malor.Gcnerala I'ORRES arid MILNER, Third Reginient Foot Gtiards., His Royal Highness has also ordered two Brigadei of Foot Guards, one commanded by General FINCH, the ,other by Ceneral WitiYAito, to proceed to Chelnisford. • His Royal Highness has established a regulation in the Guards, that in future .no Field Officer shall have . a Company, which will of course promote the four Oldest Lieutenants to the rank of Captains in the Guards,. and .Lieutenant-Colonels in. the Army. Lieutenant. General Sir DAVID DUNDAS is ap. Painted to the command of the South West Distriel, and Lieutenant-General J. El. CRAIG to the cum mond of the Eastern Distrid. • Saturday the West Middlesex Regiment of Mi.: litia, cornnianded' by .the Hon: Colonel BAIL e v . , marched through town, on .their _way to Ashlord 13a rracki, Kent. ADDITIOYA PAPEIZS r REbENTED to THE ilotrsE OF COMMONS n r LORD iIAWKESBURY ON FRIDAY. • . Nos-1, 3,4, 9, tr, ta, 'and 53, relate to the carp of the British ship• Fame Packet," Capt 4 in De Gaiiihy. This sailed from, the Port of Southampton on 'the ,9th of December, 18°4 laden with flow' and barley for the troops of the garrison, and with different other goods, for the inhabi tants of the Island of Jersey. On the zoth a violent storm arose, which.obliged the Captain to put into Cherbourg for satety, and for the accornmodation of 'passengers he had on • board for many of whom were ill. After coining to an anchor, the Captain went ashore in the everting to make a report of his situation at the Custom House, under an hnpres mon, that the Preliminary Treaty bet ween-England and France would ensure him protedion. His staietneitt,' however, was rejeeted, on ibegrohnd, that the law oi . (4111 Germinal, year a), 25th March, 1793, had prohibited all vessels under an dred tans. burthen from .coming within four leasnes of the Coasts of France with English Merchandize. The Ship and Largo were seized, and condemned by the Tribunal or Va..' logne, which sentence was confirmed op an appeal by the Captain to the Tribunal of Coutances, and ultimately sanc tioned by the approval of the First Consul himself. No. 2, inc loses to Lord Hawkesbury the Answer of the French Minister to No. 8. Nos. 5 and 14, relate to the Brig jennies, Wm. T./hackle master. This vessel was freighted in this Country with Sea coal, for the port of Charente, in France, ant a 'small titian tity of English rnerchandize for Cadiz, in Spain,wncnceit was to return with a cargo of wine. On his arrival at Rochefort, the Captain prOcluCed at the Custhm Holise an account of his whole, freight, as well for Charente as for Cadiz., audbffered to lodge the 'goods destined for the. latter in the Custom House, till the period of his departure. Notwithstanding this candid condUct, which, proved that he had no intention of dealing in contraband, his application was rejecled, ,and the Ship and Cargo belied and condemned, pursuant to the pro visions of the ferementioned Laiy. Nos. 9, 13, and Ll,' contain soine.strong icpresentations on . the part of Mr. Merry-to, M. Talleyran,t, on the injurious effeas that must unavoniably result to the coinmere of Bri. and,the friendly intercourse. of the two Countrei from the continuance, during Peace of a law which had been adopted in a period Cif war, and at. the moment ollti greatest heat and violence. No. b, incloses to Lord FraWkesbuty a copy of a represcu tation made by Mr. Merry to the French Government on the subject Of the. capture of the British ship' . " Porcher," by the French Privateer, the Beiluna, dues not appear among the papigs. No. 7. Copy of a Dispatch from Lord Ilawkesbury to _Mr. Merry, May .21, 18.02. S/R, Dowl.ing-street, May 20, arit. Various reports having been reLcived in this country, of strid prohibitions being enforced with reseed to the admission of British commodities . and manutaaures into France, and of very , rigorous •.restrictions • being imposed on British Vessels entente the Ports of;hat Country i I have to signify .to you His Majesty'ei Pleasure, that vim transmit•ta me, without delay,' the most detailed anti accurate Statement which you.can . pro,;iire oo those points; and that you take an early opportunity io impress upon the French Ministers, the necessity of soirie understanding being-established between His, Mapsty's GovernMent and that of ['ranee; on the subject of the Cdminercial Intercourse between the. two Countries: ,- As it is probable that you may be uncertain as to the course that you should pursue in supporting claims, which Subjeets• of -His Majesty may bring forward for the restitution of pro petty which they possessed in France previously to the war; I have to signify to you the King's pleasure, that you ac quaint the French Ministers, , that Mitir;sty.has,:. in con. torznity to the 14th Article of the Definitive Treaty of Yeace;. taken otf the Sequestrations' upon the Property of French Citizens in his dominions ; and that, therefore, His Majesty's Government doubt not, that the French Governs - tent will be. equally ready to render the same justice to such of His Mai jesty's Subjects as have Property in France. I am, • 4,c. Anthony Merry, Esq. .. • HAWK ESAU ItY.: No. S. Note trim MERRv to M. TALLEYILAND. The Undersignefi Minister. Nienipotontiary or His . Britannic Majesty haS received orders front his Court, to cominanicate to Citizen Talleyrand, Minister for the I , orcil:,n RelatiQns,of the Fren:ll Iteimblie, that His Majesty has, coritimnably . to the 14tH Article or the. Definitive Treery of l'cacc, taken oti the . Sequestrations whi c h h a d b een l a id , d ur i ng the War, on all kinds of property belonging to !drench Citi. a in - his Do minions. His M.rjesty therefore doubts not that Governm 6nt Of the French Republic Avill be equally ready to tou,kl justice to such of His Majesty's Subjcas as nave property in France. • The Undersigned feels it necessary to hive the linpotar of observing... On this neeasion, to the Citizen :Minister, that, many of His Majesty's . Subjeas nave been pl of. the list freneu Linigrants. • If this cireamstance stsl;l.prove an obstacle to the . immediate resubli:zion., of their ploperty by those individuals, the Undersigned thinks he mayliattct him self that the French Govemiawnt, aeltwecl by. thoSe: princi ples of justicq by which a is regulated, will iiecm it in,,irsr to adopt some general measure that - may remove this dim- culty at once. The Undersigned has the honobtto be, Paris, Maya., iXos. • IA.M h It 1.1 Y. , ~. - ... ... ~.„... , No. to.---M. I . alleyraud, in answer to the comnfuni,:ation Tespedting the Sequestrations, assures Mr. Merry that th: had lost no time in laying . the communication u.t;bre. t 1... Minister of Finance, Aid urging ,hiin to direct the nen:mien of 6 oyern. Inent co the object of the . 4oem a nd i t coata. i„„L _ , _ . . No. 15.;--A letter from Mr. Merry, -to NI. ,TalleYrand, dated October t 4. demanding the roease ofthe British Ship , Capt. Allen Richardson (I.Li . .4ined by suaii.: I. rcn .11 Troops :t F lushitis), and compensation for thclor.cs.stistain: ed by the owners from this cietemio,i The vessel hal s'.,ih.xl front this country tor liotterti4lo, .vith a t:41 . ;,: , ) of foreign incr. cnandize ta!ien, on beard ~ohs tir:ns the war, ni w hich had ocen sold undci . On tite,parci,a,crA to export them. The ship Ni„, d:.:11:1:;e he of Holland in a storm, of weather into the port of Thi , .1 I)...t..,:ntent of French corninaliticc: , Ana WO!: pos. sesNton of the ye: wet rii," I:3ler cluny,e; this proceeding as an Li , : it it: a: p. , SitiOtl,oll tnc part of the. French (;nicer., as 0, :ryo canst a tezi ut 'British Merchandizcsi and' i of t lie growth and manufaCttire of t,„: vessel entered the Port oug.): to ;ruin the operation of the Law of the l n contis. . cats all the productions of the soil, or the ulustry of Great Britain. - . _ No. t 6, and t 7, relate to the seizure of thr Brii; Genrgo, Captain Newham, by the .Custoin-honse, Pth4.:ers at C,:a rent& No.. 16 i,s a spirited representation on the 4uojec.t. made by Mr. Merry, on the 'zad - Ottober, zr;o2., to M. Tal leyrand ; and No. 17 inclds&S a copy of that representation to Lord ' Hawkesbury, with an account bt the transaetton, The Brig George entered .the Port of ,Cbarente, in ballast, about tne•bcginning of Aug ust, tBoz, fo take , in a carp of brandy there for the Port o f Loudon. The Ship was.sr.tad;. because the differcult articles . foundja 0 0 :m aster ., „ A bi o, for the, use of his table, such as platesilnives, Mrits;andgtasset, not exceeding qt. in value, werrOd. British :Wolof:tame, anti because he had not made a return of them at the Custom house. The lvlitilster Talleyrand confined 'hi; ansWer io an assurance, that . he would cause an inquiry to tie made im mediately into the case. Copy of a Dispatch from Lord Whitworth to Lord 1-lawkes bury, dated Paris, loth May, 1803. (Separate.) My LORD, May to, 0103. With regard to the numerous memorials and representitions which. I have had to make to this Governittent, nt behalf'ot those of Ills Majesty's Subjeds, who. have buttered by the detention and confiscation of their vessels and property in the ports of France, I have only to observe; that they have, with the exception of one or two instances, remained unanswered ; I trust, therefore, no blame can attach to Me, if my endeit.: yours to carry into ctle.et your Lordship's intrudions on this head, have not bort more effednal. I have the Honour to be, &c. • (Signed)" WHITWORTH. Right Hon. Lord Hawkeshury, &o. • No. 19. A copy of an instruction front Lord Hobart to Lieutenant-General Dundiis, commander of His Majesty's forces at the Cape of Good Hope, datedOftober t7th, aSoa, de.siring him not to evacuate the No. 20. An instruction from he sae to, the same, dated November 16th,. directsGederal Dundas to obey hiS first instruelionS, byrvacuatiug _the. Cape.- - No. al. Copp or Litter front Mr. R. King to Lord HaWkosburY4 dated London, May t th, 18 0,3; Ms' LORD, . London, May !ph, tgoi, . In the present ctitictil poStuie ot .atErirs, I lose no time in communicating to your Lordship,lqr His Majestys in'orma tion, that•aTreaty was signed at Paris on *thelhirtietn daY of April past, by the Plenipotentiaries.of , AnNrica and France; by which the`compl.:te.sovc.reigutY of the town and territory or New Orleans, as well is all Louisiana, AS..thp same Was heretofore polae.,:scrt hy. Spain, has been acquired by the United States of..AMerica, I.ri draWing , ' up lii) - Treaty; care has been t:rkco"to frame the same, as not to infringe any - right of Great -Britain•iu ttiegliT A iiptiim of the riyer.Mis sissippi. . . . . . I flatter myself this communication will be received with batisfaelion, and regarded as a new proot ot. tion of tite United St4lest.:o observe towards 4-lis Majesty, a spirit a amity and - ccptidence. important at all tinws. and more especially so in present cirenmstanc.es f to the il.,rowny and mutual prosperity of the, two countries. . . .1 avail myselr. of this occasion, to renesto your Lord,hio amass:mince of distingubhed consideration, with svbiLlt 1 have the honour to be, Sec. . • iglu. lion: Lord Hawk.'esbury...te. RUT' !IS , ['.,tere fellows a Note. froin • I.ord Fliv,icesbury, aokno,v leuAing the receipt of tite above.) • T HE Appendix to the Pdpers presented to the House of Common 3 contains SEtiAs-ri Foit' Report; extrafted from the Moniteur of January 3oth, and' which appeared in our Paper of February gth. The View of - the State of the French Republic,. was in 'THE SUN of February zfith. An Intercepted Letter, d.tted November r7th,, from M. TALLEYRAND to Citizen FAuv NAT (one of the pretended Comm:rcial Agents), at Dub. lin, inclusing the following QUESTIONS. t. What nunibcr of Vessel have entered and cleared out of the Ports within yotir District within each year fruin 179rt0 18ot inclusive ? z. What is their Tonnage, or their Admeasureinent in Sea Tons ot iOOO 4 P•_ 3.. Under what Flag do they navigate ? • 4. Flom whence they come ? , '5. Whit tier 'bound • 6. With what • Msereliandize freighted ? 7. What was tie price of :Freightto the principal Ports of Europe, each Sea 'lon oraociO4-P. S. ? S: What • Frenth (Produettorts-are • most in request in the Market Of tlie'TOwn Where you reside, as welL as of the other CollSiecca'ote Towns in your 'District ? 9.. What is the Merchandize which can he exported to France with greater advantage from the said Nlarkets than frotit'an other ? • • to. What arc the Course of Exchange, and the: current Prices of Nlerchanclize from three Months to three Months, 40111 the - year 1792 to tgot ? t t.' You are reqUired to furnish'a-Plan of Parts of your Distritt, Wltka specification, of the_Soundings for mooring Vessels. la. 'lf no Plan of the-Ports can'he procured, you are to point out with what- Wind Vessels can come in and go out, and what is the greatest Draught of Water with winch lies sels can enter therein deeply laden ? 13. Wharare the:principal CommerciaL Houses ?' lithe Heads of these Housea.arg... .yQu „,are..to poiot out of what Country they are ; and in a ll cat . es y ou are to state with what Countries they are principally coniteeted, and what ig their thief line of Commerce. • - • ' 14. What is the ugual Course of Exchange? is. Whether there is a Public Bank, and what is its O rga. nization? ' th. Whether there are any Insurance Companies, public or private, and what are their Customs and Rules, and the Pries of Insurance, for European andlong Voyages ? • t 7. In case there exists any other public EAahiish Merit which relates to Comtherce, you are to give every gas sibla detail concerning it, especially in whatever regards fa:. nu factures t is heri es . • tir. • You are to rioint out' the relative Conformity- of Weights and . Measures with those of France, ancient and mri .dern, as soon as you shall have obtained prattical and elcael, Inf.:irritation on those points. . 19. You are to add to all this the most extensive Itiforma•• tion, as well general as particular, whioh•ritt maybe able to ,Otain from Authority, especially-with regard to Commerce, and particularly respetll4, , fal;e , 4..ccounts of PArchases and Sales of different Merebandiz,:a., in order.to ascertain the E X penceS,- Rights, and . local in cases of Purchases and Sales, 2 9 . Whether' there are any Fairs in yopr Distria • what species of Triaile is carried on thcrt., and to what amount. • A Translation of the Libel against our Govern. ment, which appeared in the Hambrosk-arretpqn. dtnien, of March Sot ' and liVoletteti froth Stit. FORESTI,' •'Zanke,: to: Lord HAWICES. nutty, on the interference of SFIDASTIANI with the Republic of the Sevens Islands. cpaAr EXCH/LCGE, MAY 23. Tint early part .of the day our Market was rather dui!, but rowartls noon, ' having . many Bnyerq, caused an a Trance or full sq, per Quar. ter - 6 - 1.) . Wheat ; Bailey .avd Malt are both dearer,; Beans are .zs. higher,. as . well .as (las, and some of very fine , ; (1u di ty are `taken . off' at, further than . cnr current:` prices ; Flour may tle rated at an .Tids , ance of ss,-:and not much• on, hand. , When sz - ,,l'a 6)i a 63s Oct ' Tick - lions -28 S a 33$ od Fine ditto - 7oi ,a .71b qi Oats - - cgs a 22$ a ISS Rye - ... • . 33; a 365 0(1 POlatiti nittn 2 65. a 275 od. Barley -' 2ji ft , 4.; ott 1 trade scc4 .... - 30 a ~ /§s Al3lt - - .455 a s.;>s 01 laic PIOU.: ... sos a 5.1* od V. r ilitiefeaSO• 47$ aOs act Sc.a.urt..i do - 45 4 ii stis Beimit -, 33:: a 37t 0:1 W • h,s e thlt a l'ilot-l)oat belonging to Deal 1 4 • beco . actable(' at Cahis, and the i f've men', her crew, ie w ut to pticon.—A fitig , belonging tct Guern. sey ha `run on shore . near Calais, laden with spirits, and hcr erew . miitie • Kk.sisLs his. very liberally eaded.voured to make Coots taAy in his situation apt COM:I-Garde:1 Theatre, Off4 . frin tolgitr:Balsanio .to his s4,Y4rff3 Richml , id to his Richard, and not to deprive him of aay of the pitts which he has hithertoverfortned, and is.tfesitous to MAD. GAIONER.'S INQUEST.—On Saturday evening .a Coroner's Inquest was taken on the boil:) , of Mr. O'REILLY, heture Mr.llooo,oN, at Chalk Farm.' From the great c a ution used by the patties concerned • in arranging ...he meeting of the Duel which was the ,occasion of this . Gentleman's death, c •the evidence brrtught faiward was 'very incomplete, as to the ma, 'renal fads.—A person, passing by . Chalk Farm. a shOrt time`prior to the duel taking place, said, he saw two parties a little distance from each other,seewing. ly in deep discourse, in a field, north' of the house. The parties attrailed his. notice, and he oltsetved persons passing backwards and forwards, as if with messages. Shortly after y he heard the report a two pistols, anti. looking towards the place from 'whence the noise came, hi saw a pistol fall from Mr. O'llatt.Ly's hand,• who dire 11y made' the ben of his way towards Chalk, Farm, 'Before he got there, he was supported by SONIC' Gentle, men who came to hiS assistance.—Mr. MONT/if:UR, Surgeon, _shot* deposed, that happening to lie 'dining at Chalk Farm, he was asked to come. to the .assistance of a Gentleman who had been wounttf. , d in a ntiel. Ile found that a. - pistol ball had pinte. trated the belly' of the drecas:(l, a little above the right hip, 'and that it had traversed teethe other side, and its passage: had broke the intestines. Mr. ()qtr. ILLY lingered till tine next day, and thendied. The verdid on the oceastioo was, " ihiful Altoiei f !r .against p er i ons tniknown." There was no evidence given at the Coroner's inquest to conned Mr. Ho. 111+4T and . . Mr, O'ft t v ; in the kite Dad• — • Pd‘9l. p)RE IL•LY .and his ,opponent, fired, a -person pieseni paced the •distimee they were . to 'stand and.' as a ignal for discharging their pistol 4, tindly protiounCed the word " ;toe, two, thre:": coniiittitis' the — dee:3 a deli rite at. LAW R oft. COtIRT OP 1':!A-e" Tut kzNG 11 g, Eva, ' . Tile Defendant cam* into Court for the - puipose.• : L• c receieing, jii.'ginent, which wai prow:A:raced - be., MrGust,. Justice Gse, who addressed the befentlant nearly 3S f;)ll"%‘4.'s;' .. '"•lienry Rice; it is 'my duty to pass a seriten - cc' On'you; charged on ae T.,,eforreatioe tiled ay tin:it y , •ti 'by His Nldjotv's ATTORC4Y, Gt.!l , :Flt.-ii, i Wi:Y • LiVir,"7 written ii Lettc-i. to TnOrtias Fr.o , c,s Free., t mantle, &q. for the purpoSe of 'provoking him to fight a Duel. ' The words of theletter are petieety t:intelligible; and yap haVinoe allawed Judguieet, t o -T . itt o en b i l n - D or '' o 6-4 v:. ',l le t e , I,' : l ll ' e e 1 .3 li r l i: i: C :17.0 1 r t c s ( e ) 'letter, l,li) lit te I l V ii:. Peace and to fight •a Duel. The pradice has lrecome much too &evident •;, Ince are either trot aware of the nature, °tie:co - Me insetisiblir to the misehiel-of, ' sending Challenges 'to fight Me's, which, besides c munitting a' 'be..oicit of the Public• Peace, lead 'ter'. one of - the' foulest crimes, 'Mtirder, the Mu r der , of one - probably, - possibly ,of more ; 1 ' lay stresi on the' word Murder, because I have often oSseiv . ed,..that some 'persons' will,' fromignorance, anct others from perVersenesi, not allOw that killing a man in a Duel, an-runts to 'Murder. It -is delioe, rate' Murder, whether.he that gives the Challetige; or he that' 'accepts ' it, happens to fall. to vier), Lawyer this propositionls pettedly clear ;'•bnt that ethers, who arc notofthe profenten, may be assort. ed of it,• I will read a passage. fr o th . a, most . able. Writer, which skews this doarine . is not ofnimkpi dateibut coeval with the first institution of our-Laws. • .—Sir•Matthew Hale, as admired, learned and hu. Mahe a Judge as' grated ever gt-el a Bench of Justice, has laid thiS down,.--" A. challenges C. 'to meet ill the field to fight, and C. declines', it as much as he can, but is threatened by A. to be pe'sted as a . coward, &c. ~if he meets nto, rind . thereupon A. and B. his seeond,•and C. and D. his:set:Oral, meet and fight, and C. ,kills A ; this is murder in C,, and D. his second,. arid so .it was held in Taverner's case. Hale's Pleas of the Crown, e t ee and s." That case, was tried in. this place, and it appeared that the deceased was the challenger, aed that the other accepted the . challenge, on- very I;lteible provoca;: tion, and Sir Eiward, Coke, the Chief Justice of that day, laid down the' law, that it was a plain Case withotte any Ouestiort; if one kill's aeother in fight,' on the provocatioie of hior who is killed, this is Murder;eand of tiresome opirtiott -were the rest of the Couet, ,and so Taverner received jedginent to die. •liis•second also was-indided as a prioeipal for murder, but' he fled o be enuntry.—relere the Learned . flub,:read•the .other 'air.horilies to tire same 'effed.) , Such -being the law, recognized at different times front the- cattiest time. dawn to the present, .if. in your case•tho,ProSteutor had not been obedient to the law .and - .consulted his own honour, not the honour .of Stro:ditn,:n,. if lie had accepted.the challenge, one, of You might have been guilty of murder, and liable 'to a fatal and igno. - minioussentence, , froM which had he been soitar.. tunate as to escape, either'l)yo the a bsence of a Wit* ness, 'or any .• .. other means th at soinettme§ occur to cause a failure of - publie justice, ihe remainder of ' his lift must have beencloudedby the paieful recol. ledion that for,. the purpose of giving or taking that miserable thing, falsely by yott calico! Satisfiettoe, he had; unnecessarily,. imbrued ',liis hands in the 'blood of a brother. °filter. 'FOrtiowely f . or you the aline you . ..have to einewer for, •is Lolly that of at. ' • tempting .16 provoke a duel;• the - punishment for that offence or inisdemeaanur is •discretionary, ;ma • That mast. be governed by sue % circumstances oil aggravation or' mitigation as are in be found in the case. The,Circutnitnces of aggravation are these: the' malice of your , mind' in what 'paSsed .between you and the Prosecutor in the course of executing. your re9pr4iveAlitties, the One of you as Captain, and the, other as first Liearroant of a Mit/ of W:1(3.. that your 'coositLl.t led to insubooloation..in ,the N.sv)' : that fronithe imetstarher M'et're-ifi e t i me y ou. • lift the ship, .and the expressioos you used in the eltallcooe, you entertained agaiost, the. Prbsecotor, ;lie spirit or implaeabl'e lortlice, eltd, lastly, your e , ndurt• since toe- prosecutien coennenced. "Ilte • clocumsrances, whfolter„.cote.idered as aifloltug the peace of society, or the suhordin oleo and' disci. pliee of the Navy„ are, grant ftlitttel3 of hggraya, tion attending this-case, and so f ar they ought oot to he forgotten in the jedeoroot , of this Co urt . i t has been arg u ed ,i n f a y favour ot ei, tho. Hotte eir. cumstanees have occurred which ought not io !;,t'oe occurred between :I Captain of a nete o: ...var. eI.:A Ifss first Lieutenant, and which, traiess be hid beet; 'something more than. human, 'might , well provok'e a man ofirritability to eiceed theboutylS of justice, and to violate the law. frlse . setircuaistancer, ealkil upon me most .anxio u to lo'Ole' thrott:Or ,all the affidavits, and I lament to lied 'too much . of that onfortubate Weakness Constituting* part . 01 . ' the rlis. position.of both the Prosecutor :ar , dyirtt . the 'De. fendruit.• .on-a minute eearninaritna of the feels, I am compelled to say, there has been too much irti. 'tattoo on ,bath . shies. Rect,litliing this inform- tion has 'been 'applied foe and fiizd, and consider. ing the Proseetiter'a eolith: a, as well as your delinquency. from. .in excess'. of . irritation, 'I wes astenisherl to read Are, severe indignities which past froth the Prosecntor.. to you, not . by •words- only, but also by.orders carried into exec*. tion, and of a nature that must :necessarily have de. ;graded the Pirst - Litutena;:t in the eyes' of every one who wris.present, and who was subordinate to Miele, ' I will not, repeat either the' words or the aas, I shall ooly - say .ci theist, atilt when the pre. . . sent, isperities bet Ween you shall have' subsidedi and the Prosecutor I elke..qi nil the consequences of them as they tire likely to atr , :c - '.l.- the Dacrittoat in the opinion of,the crew, he tnit.,t ) as an Ofiic , ..r, hav ing' an anxietyvii)reserve•• the to.' - :et-eiry ditteieline and sobotilinatioo of the,Navy, steer heart, felt re. 'Morse at some thiogs• he has said, and a t so m e things he has done. •Betli of yoo will do'•well to . attend to what has 'wen tnoltaLniral?ly sod at the Bare r " Let tiruse I,v ho - hive i ,-•: 4 ,:i!ig•., remember that • eel 'you, the Dot - eili.Lor, ,titl-‘ 6 go is' t oi jamagemeot othersli3 vefeeliUgs also." .I:', -- ,:e Prokeentor has eharg ,- and twilled Cll dntr, : , 1` . . - o , 3 . otlc...situation, of which I shill- .014 ,oto that 'however provoking 'neat might be, or ca!l tor the ititerpusitiou of another Tribunal,' it ceuld• never justify the language light