The Sun. — London, England, 1804-01-25 00:00:00

DliyL.l. - cEoi , ' rifff, cr)rx-ry.. CIRCULAR LETTER FROM THE SEC'RETAR? STATE TO THE SLVERAL LOI1D:i LIEUTENANTS .OF COUNTIES. .• " MY LORD, 117.ilithali, ;ran. 16. " Referring your L or d s hi p to the directions containeel in my Circular Letter to you, of the rst of October last, 1 . 4 the removal, in cases of emergency, or rendering useless, if need be, such Horses,• Draught Cattle, and Carriages, as shall not be wanted for the purposes therein mentioned ; I am to desire, that your Lordship will consider in every tv sped, as included in those Dire&iOns, all such Vessels, Boats, or Craft, as shall not be wanted for the like purposes, or shall not be armed and equipped II: the annoyance of the Enerny. " As I arn informed by His Royal Highness the Commander in Chief, that only one light cart per company can, on such emergency, be allowed to Volunteer Corps, for carrying their c 4 rbp kettles and necessaries on their march, I beg leave to recommend it to yoUr Lordship, to give directions that one such cart be allotted belOre-hand to each company of Volun teers within the County of -- ; and that such he alw ays k ept marked and numbered, as the one carriage cart in tended for the'use of that particular company for this service. " In consequence also of a latesugg,estion from His Royal Highness the Commander in Chief, 1 have strongly to re commend it to yOur Lordship, in communication with the General commanding the District in which the County of in------- is incl u d e d, to g i ve direCtions for allotting and mrk g a sufficient number of waggons for moving the Volunteer Force where it is not placed in the vicinity a the Coast ; and It would be found extremely useful, if boards, such as are used for seats in market-carts, could be provided and k ept . in rea di ness, at the place ot places of general assembly, ready - to be slung • upon the Waggons, to which place of assembly these Waggons should be held bound to repair upon the sig nal of alarm being given. " I have the Honour to be, my Lord, "Your Lordship's most obedient humble Servant, C. YORkE."' GLASGOW, JAN. 21. ---- ON Wednesday the Greenock Volunteer s all o. geared in g r an d para d e at twelve o'clock, in honoupr of the day, and marched to their respsfiiv e exer cising grounds. The Artillery Company of the Ist Regiment, or Loyal Greenock Volunteers, dis tharged Seven rounds of their field-pieces, the Regiment under presented arms. The Sharp Shooters, for the first time in full uniforM, also fired ; and both Corps afterwards marched to the Square,'Where they ‘vere dismissed with three'cheers. At one o'clock His Majesty's Ship Tourterelle fired-a Royal - Salute, which was returned from the Lord. Forbes Armed Ship, and the Privee of Wales, and Pr;esce Edward, Revenue Cu tters i n t h e R oa d s. I n e evening there was an Assembly, by much the Thost splendid and mitnerously attended of the season. YeSterday afternoon, while t wo L a di es were walking in Nor thwoodside Wood, one of them heard an uncommon cry,- . which, after some search, they found to proceedfrom an old Coal Pit, when they discovered a man belonging to Miln gavie, w h o h a d fall en i nto it on Tuesday evening ; he was soon got out ; and, what is remarkable, had received no ma terial hurt in his fall. This is the same pit into Which Mr. SPEARMAN fell about thirty years ago. The Grestmore/andPacket, Ca n• KENNEDY,I. _ Cap : sail. eight from Donaghadee fur Port Patrick on Sunday was eight days, and when .very . near her Port, enc , oun i _ tem! a violent gale ; and she made L which drov e her into the km 1, , - , a miash on Monday at three P. M. Nine out or eleven horses that were on board were oknillSeadtuinrdtalyle l\rasets:'sel• She arrived at Port Patrick the passengers and hands . all well. Yesterd7 .............~' rday the Principals of the Worshipful cbm pany of Bakers waited upon the LORD MA Y O R at the Mansion-house, and requested his Lordship to reduce the Bread half an assize, which his Lordship, with great satisfaaion immediately complied with) and it is to commence tom or row; the quartern loaf wheaten will then be hold sevenpence.halfpenn sold for n i nepence, and house. It is said to be determined to bring in a Bill, Volunte ers h ave the right on b the meetin,, of Parliament, to declarsie n that the and may re , at plea g sure ; but.that a new law is rendered necessary tor their governtnent hereafter; and therefore to ena. - t that such of the Volunteer Bodies as shall continue, must ConforMlo the new rules and regulations which the con will cOintain, not only with regard to. the right:of resignation, which will be taken a,way, but 110 as to the eleaion of Officers, the attendance on drills, and Various other oints Such a Bill will V'arqutacihilsYcgsivioenrise to mucliPsetiou. I and very.,unplei- A;Es.stz'yv Zs o.ei.n.rwYokx.---The Birth-day of HE tt those cordial tokens of' l -edne,day !last commemor . ated w a it i h . ~vays expressed by the innlytaabity and oeighbourhood. The Chiaffeaionir as an tan s of this .i c 7 . d eers of the net Volunteer Corps, and their friend,, dined at the fol. ;owing places : those of the Cit.; gabouring manded by Colonel Sir William Milne at Etridge's ; Barr. ork, M. Y. those of the Ainsty of the City of tlf.ork, commancic•d by Colonel Hall Plum er , Esq, of p°n-hall. at the George; and those of Ouse and ofeEtwent, commanded by Richard Thompson, F.sq. 1, sc i r ike at the Tavern Though the above gal. ant uefenders iffefent of their ;ountry dined at d . ~e inns yet a mutu a l . course of th e i ra ultereourse took place, during 1 , 11 b '''dY l con r r iesti.vii.., another v 4 a_twatint, ) by deputations from etfch „ 4 . each other on the return .4:3i 4 r all tli inn:.°,."er MAirsTy's life. The dinners a nd the pots"'ere truly good, the wines excellent, triotic. nl and sentiments highly loyal and 14.: good.huni,ur t41,e3 Where nothing but cheerful nes, am lo , , o f the Gentlemen retired, i Y4 "Y reigned, most - ,- ro the Assembly-Rooms"' the course of the -B lake-street, to to Q . e . enin ibc , en,s Ball which was honin :ince of Beauty and Fa mired by the greatest attend_ this `lay y for man years, and where the mazy dance '' ll i°ll that has been known on was kept up with much spirit and vivacity till nearly tive o'clock in the ' morning. Sher_ A M. EDWAIt DS, a tespcaable Dyer, of S rard..street, Golden.square, was interred yesterday se"onight at Lambeth Church. By his will he rii_ retied that his funeral precession sllould stop at the '.i.Vlagpyes, in Bridgetet, Westminster, and the Mourners be regaled with a g a ll o „f p orter , which they w ere to drink at the door of the house ; they were the n to proceed.on a 10,./f trot over the Bridge to the Jolly Sawyers, in Lambeth \Valk, there to Ilaee ;mother gllkm of beer ; from thence to The Zrave, where, after his interment, e: pint of g i n ,was. ") be d ran k by them over his grave, qvzsbmg '' ' ./ 5 / ally Corn easantjrnej. This requ est was liter i'lied with. ou Z lirokt. COURT 0.1 7 KING's BENCH, j - Ax. :IE KING V. DOWLEY. MR. ERSr fN F moved for a Certiorari to remove a Conviction before a Magistrate of the County• of Surrey, in_.order that such Conviction might be quashed. This Writ of Certiorari - to bring up the Proceedings upon C,..mvidion before inferior tribu. nals, Might, in some manner, be called a Writ of Right to the Subjeds of this Realm, to prevent the inconveniences that might otherwise be the result, in some cases, of summary Convidion; and althoUgh this was almost a Motion of course, yet •as it relat ed to a subject of great importance, the Court, he was sure, would wish that whatever decision they should come to, it should be come to speedily, for which purpose it was proper that the Court should be now put into possession by him, not by way of argument, or in detail, but under certain heads, of the point which was to be argued on the Ads of Par liament which govern the question upon which this Conviction turned. Mr. Justice LAWRENCE asked, what the Con. viElion was for ? Mr. ERSK INE said, it was a Convidion on the AI of Parliament of the 433 Geo. 111. c. izt, and upon the 14th Section of that Aft, which provided, " that whenever any person inrolled in any Volunteer Corps in Great Britain or Ireland, shall havene., gleCted, or refused a demand made for that purpose, to pay any sum of money required by Rules and Regulations, &c. towards defraying any expence of the Corps to which he belongs, or to pay any fine or pendity, &c. then, and in such case, it shall 'be lawful for any Justice . of the Peace, residing in or near the place where such Corps shall be, &c. to cause the same, together with double the amount thereof, to be levied by distress, or sale of the goods and chattels, &c. of such person, &c. The sums so levied to go to the general stock of the Corps, &c." The Gentleman on whose part he made this application to the Court, was fined by a Ma gistrate in the Borough, a . fine which would have been duly ordered, .provided he came within this Seftion of this Aft of Parliament, for it was under this 14th Section of the 43d of the 'King, that this Information against this Defendant was' tried. - He was called upon for his Defence, when he admitted all the fads stated in the Information—namely, his inrollment in the Surrey Cavatry, and his Absence from the drill, and the demand of payment of fines : - but his defence was`' this - --That at the time of this Summons he wak a iiot a Member of the Corps, for that he had receive I a Letter from the Commanding Officer, stab o that any Gentle man who did not attend ill,: . )rning drill on Mon. day in every week, for one month to come, he should receive • his Dismissal. This Gentle man being in the Corn Trade, and having no Clerk, and his partner also being in a Volunteer Corps, the regulations calling that Gentleman also to attend at thcsame rime, the Defendant could not attend as he was requited without a relinquishment of his trade, yet he was ready to do all he could ; he signified this to his Commanding Officer, he said it was out of his power to attend, and therefore he hoped.that that would be taken as his dismissal.— He heard nothing to the contrary, and therefore he Its reason to suppose that his dismissal would have been the consequence of this resignation 'of his. He thought in such'a case that his dismissal would have been of course ; however his disthissal was not ef feitted, and the Magistrate convicted the Defendant. The Magistrate had given an honest Judgment on this occasion, but it was to he for the consideration of the Court, whether it was a legal Judgment.— The fads of the case were put fairly on record. The Defendant admitted them all, and the only question t h at would arise on this convidion was, Whether t hi s person, on the fads and the circumstances at. tending the transadion, was subjed to the fine im, posed upon him ? Which question would turn upon this, Whether, in fad, he was a rignaber of the Corps when the fine was levied ? The sedion of the Ad referred to the Rules and Regulations of the differ ent Volunteer Corps, and .each Volunteer must in that respell be governed by the Rules and Regula tions of the Corps to which he belongs ; by which Parliament held forth that it did not mean to at in an arbitrary manner towards the Volunteers, but left them to make regulations for their own govern ment. The first Resolution of the Regulations of this Corps was this, That the Corps be instituted ; for it was instituted in the year 1798, and after wards continued under the Ad which enabled His Majesty to accept the Services of Volunteers at the beginning of the War—That this Corps be insti tuted for the defence of the Borough of Southwark and parts adjacent, subject to be called out on In_ vasion or Insurrection, agreeably to the Ads. of Parliament of the 34th and 4.2 d of Geo. 111. Now with resped to the Ad of the 34th of Geo. HI. it was an Ad to enable His Majesty to accept of the Services of Volunteers during the last War ; but it Was an Aa. which continued in force only during the War, it therefore expired on the conclusion of Peace. The 4zd of the King, c. 66, was the next Adt, and it was the Ad under the authority of which this Corps, and indeed every other Corps were embodied and assembled. This was an Ad which past when the Enemy of this Country first held out his threat and menace against the inde. pendence of this Country, which roused its inhabi tants instantly to its defence, and which threats we now defy with pride as well as confidence, because we all feel assured that whatever may be the wishes of our Enemy, they will certainly he disappointed. Here he read the Preamble of the Ad reciting the expediency of enabling His Majesty to avail himself of the offers of his subjefts to raise Yeoinanry and Infantry Volunteer Corps, and the expediency of exempting the members of such Corps from ballot in the Militia, and that was all the exemption 'they had then, for at that time the Army 'of Reserve Bill had not passed. The Ad ihen went on to state, that all persons enrolled in such Corps, and attending the number of days stayed in the Ad, shoald_be exempted from compulsory service in the Militia, but it afterwards provided, that these ex emptions should not be allowed, unless a muster roll be transmitted to the Lieutenant of the County, &c. of the individual claiming the exemption hay. ing attended the exercise a number of days, as pre scribed by. the ,A'l: The 4th section of this At applied iiirettly to the case of this Defendant, and . which he was now submitting to the Court, for he was entered in his Corps agreeable to the Aft of the 3.eth of the King, and the Aa of the, 423 of the king did not impose any new regulation, or put any thing in the way of exemption to Volun teers. Parliament had kept perfeft .good faith in this as in. all other cases, for -which the Parliament of this Country 'was remarkable ; indeed Parliament. had never attempted to violate good faith by the introduftion of arbitrary pioceedings, which he should venture to call arbitrary, if it did. Under this Aft the Commanding Officer was direfted to transmit to the Lcrd Lieutenant, a - nd be transmits to the Crown, a list of those, who being enrolled, and had attended the proper numb-er of days, so that the Crown might see who was and who was* not entitled to exemption : and then the Aft went On to 'provide, that in. this return there shall be' inserted the name of every person enrolled in every such Corps, as aforesaid, who shall, since the date of the last'muster.roll, have notified to the Com mander thereof, his intention of discontinuing his service therein, orhave been discharged from the same on account of his non-attendance or other wise; and if any such person, during his being etsroiled, &c. shall be drown in the Militia, and shall be exempti on, account of it (even if he had before been exempted) he shall, on such resignation, (what was resignation, he would ask, but notifica tion of discontinuance ?) serve without ballot,- if drawn before, and if there should happen to be no vacancy in the Distrift to which such person be, -longed, he should -serve as a supernumerary, Thus the Aet of Parliament stated what the resignatiop should be. He knew it had been sometimes thrown out, that Afts of Parliament are very loose in their words, as if the •words of them were, sometimes, not the meaning of the persons by whose authority they were enatted, as 'if words got into some of them as it were by chance ; but here the Miss were plain on the subjed of exemption. T he Command ing Officer of the Corps was to make a return upon his honour, which, he had no doubt, was equivalent to an oath, of all.persons who may have been dis charged or may have quitted since the date of the last muster-roll, and then, the moment that a person had quitted the Volunteer Corps, all the other compulsory set vices attached upon him, and he was liable to ren der his services to the State as the-Law of the Land required, precisely in the sane manner as if he _had never been in a Volunteer Corps. Mr. ERSKINE said he should not argue Ellis Case at present, but merely state - the'Statotesi in their order, that the Court might see the view of Parliament throughout this service. This Aft, which he had just recited, was passed,at a moment when the enemy meditated, or rather published, an intent to destroy that sys_ tern of Government which this Country had. the happiness to enjoy for centuries, and which menace tended to call us all .forth; so much ardour was felt, that almost every man wished to he a Volunteer. As to resignations afterwards, Good God, how few ! he did not know that there were too. 'Volum.' teers stept forward—Parliament took the advan tage which this spirit offered to the Country, and made regulations : the Government became appre.' hensive, not that the Volunteers would be too few, but 'that they would be too many,. so that there might be a difficulty in having any regular army in consequence of this, Government .held its hand, and gave it to be understood that it would -not ac.:, cept any more Volunteers unless under certain regu lations, and then came the 'Aft of Parliament of the 43d of the King, c. Bz, which is commonly called, the Army of Reserve Aft ; at this time between,' and 300,000 men were got under arms. Parliament saw and admired the zeal . and ardour of the Public,', but they knew the Country could not he effeßually secured by ardour alone, that there must be men trained and disciplined in a given way, and there fore passed this ,A# for raising this body of men as an Army of ReserVe; litif!again, in this Aft there were Exemptions, amoneWilmn was the learned Court he was now addresSing; as well as the Great Officers of State,. who could not be spared from the stations they at present filled for .the benefit of the community ; and all the Volunteers were' also ex empted-so that good faith was here again reli , giously kept by Parliament : but if a person ceased to be a Volunteer, he then became amenable to' compulsory service under the Army of Reserve Aft. - The next At of Parliament was the 43d of the King, c. 96, for Parliament wa3 not yet satisfied with the state of the Country as 'to men being fit for arms, and therefore they passed a law upon the subject of the Prerogative of the King—au Aa, the like to which, in England, was never paised be fore. That was.an At touching the Prerogative of the King, which no Lawyer or good Historian ever doubted, that Of calling forth the Milifary Service of all hisSubjeas in case of adual Invasion—but the use of the Mt was manifest, since it made the exercise of that Prerogative. more prompt and easy,' for His Majesty's Prerogative in that case only ex tended to Penalties in case of disobedienee after the . party was summoned to the field ; but in this case, the call was immediate, and could not be commuted by the payment of a fine. This Ad•again'kept perfea good faith with the Volunteer for they were all exempted from its provisions while they were Volunteers—but only while they were Vo; lunteers, for Parliament provided,, that if one ceased to be a Volunteer, either by his own resigna. tion, or dismissal, the provisions of the Aft should in-. stantly attach on him,for it was not by strutting a few days in a red coat with a shouldered musket that Parli . ament thoUght a man should be exempted compulsory Service, but upon voluntary Service theicornpulsory , was out of the question, and rightly so,,for'One-man eonld not serve in two charaaers at once, in a corn- . pulsory charader and in the character of a Volun. rev - , and therefore if any one was really and bona_ fide a Volunteer, he was not called upon for any other SerVice ; thus those who had the virtue to come forward bravelY, which vtiO always the most advantageous as well as the mOit'honourable mode, always Were exempteif;r if anyi'ehose to hang back, they got not hing by it but reproach, for then they became subject to compulsory Service. But in this Mt there was a provision that nothing in it should extend tip vary or.alter any former Ati, except so r a t as die same 't re therein expressly varied or alterel. That part of the 42.1 of the King which provided for the resignation of a Volunteer, and which he had recited, was not mentioned in this Aa, and therefore under the provision that no A& was altered, hut such as was 'expressly so by this At', that clause in the 421 of die King, providing' for the: resignation or dismissal of. a' Volun!ecr, was in full force. The Defendant here mlintained that. by the Rules of his Corps, his dismissal was of course afiet his resignation in the Manner he made it, and- that the legal consequence of that was, th at the order ought . to be quashed. He ought to add that this Gentle Man had as m-tir,ll spirit far the defence of his Country as any body. He had subscribed three guineas a_year to the ex_ pence of the Corps, together with' that of a good horse, &c. fit for Service. The'Court granted the Writ. COURT OF 'COMMON PLEAS, )A N. 24. Ni.WMAN WALtERS. Mr. Serjeant CothcELL moved for a Rule toshew cause why a Nonsuit should not be entered in •tlie above cause, or in case the Court should be of ()pi pion the damages awarded by the jury were execs. sive, then a Rule for a new Trial be granted. The Aaion Was brought by Captain Newman against the Defendant, as part 'owner of the Betsey Caius, to recover salvage on that ship. : The , ship was on her outward.boupd voyage to the West In. dies, when•she struck on the sands near Margate. Captain"jchnson, her Commander, with two of the-crew, took to the boat and gained the shore, leaving :Le passengers to shift for themselves. In this dilemma, Captain Newman, who happened to a Pai . senger on board, was requested by the rest of the Passengers and Ship's company to take the management of the-Ship, which he consented to do, and succeeded in getting her off, and she arrived safe . at Ramsgate. The Jury gave a' verdift with fool. damages. Mr. Serjeant CocKELL moved, on the ground that the Plaintiff was' not entitled to Salvage ; and that the exertions which had been used, were no in re than what he was bound to do in common with the rest of the Passengers, for, the safety of the whole. The case of Captain Newman was therefore widely different from the usual cases of persons claiming and entitled to salvage, as he had not ventured from the shore to assist in saving the ship and gers,passen at the risk of his own life. With re s pect to the damages, they appeared to him excessive. Mr. Justice RooKE :asked what the-Ship was va.: lued at, (or, unless.that was ascertained, it was possible to say whether the damages Were - or not excessive. Lord ALvANLE4 - said, that he was of opinion on the trial, that the Plaintiff had done more Abaft his duty as a passenger. He had conduced the ,hip safe i n to port, and therefore was entitled co, some remuneration. The agent of the owners had recommended to them to give a . .surn,.ilcit less thAn zool.-for the exertions which he had, used,,,oonse . quently he did not think that _ground of ohjletion. to the verctid,.nathery, excessive (I,linaes, Would b‘to. of aty The Court direa4 a Rule - to be taken on the.; other around; natnaly,, whether the adion . w. s ralint taimibie - or next ? - • ' CORN EXCHANGE; JAN. 25; THIS day there is but little further accession of Wheat ; the, few - S'ain.ples. of first quality * keep the price, but other . Sorts, are vefy ditfculr. of sale; anti this- article is inori. than equal •to Ate demand ;. fin Dantzic at• 6,05. per quarter ; - .parley is steady ; Malt almost without sale ; Pease and Tick B eans ATe Cheaper ; we have Oats in middling piantity, at little'Variationl fine-American ll'idur at 335; per barrel, of i cwt.• 3 qrs., " Wheat 353 a 423 a 533 od Tiek Bemis -28 s 4 343 od Fine ditto - 543 a sis od (Las . 'l9s. f a'22S'-'w 235047 . Rye -28 s a3is od Poland ditto 243 25s 'GA Barley - - 203 A 243 6il Rape Se,d - _'- '3sl' a 'Pt Malt - ,503 a 573 od Flour - 445 at 485 ,at White Pease 353 a '435 cd • SecOnds ‘l O ' 3 443 ca Beans - - 325 a 395 od 3 - ENGLISH STATE LOiTEßY.—Yestealay '(stn agy of drawing) the following Numbers Were drawn Prizes above.2cl.: • • No. 11,517, a Prize of boool. No. 12,045., a Pii2c of:5001. No. 746, .a 1-)02.• of 2001. No 1:,do, 23,03, 2 0 ,329, 12,297, 14,962, and 17,314, Pri,ies of cool. Nos. 1720, 5759,12,230, 1.3,10.8, 11,065 7 1484, 23,150,- Prizes of A fatal accident, attended with some 'circumstances peculiatly distressing, happened on the River Aire a few days ago. The wile of Joseph Smith, a waa. terman, while sitting at site helm of a vessel with her infant child in her arms, , was struck by the tiller and thrown overboard, together with her child. The husband, who witnessed, the accident, plunged' into the water, and attempted in vain to save them. Exhausted, and almost lifeless, be was dra , ,vu back into the vessel, on board which lie had scarcely sec his .foot before his wife and child once more appeared: on the surface of the water. Smith plunged in -a second time, and tZught•hold of a part cf his wife's dressOvhich unfortunTitely gave way, and remained: in his hand ; When the .Totner and:Child suck, and rose no more. . - • .` On Saturday evening a youth fourteen years of age, the son of Mr. kcos-i, a wholesale tobacconist, Gravel.lane, Hountisditch, had spent the evening at a relation Whin on .his return home, he was seized by a large mastiff dog belonging "to the house, who wangled hint in so shocking a manner, that his life. is despaired 6f. Early on Monday morning a Centinel on duty in the queen's Garden was discovered asleep, and was taken a prisoner by Captain HILL to the Barracks. Yesterday,' at - two o'clock, the C,)rorier's Inquest_ being 'summoned before. GEORGE HonosoN, Esq. Coroner for Tvliddiesex, on the holy of the man who was shot on Saturday evening twit' in Maj&.r acor-r's 'gardens, in Kensi,gton Gore, br Daniel Donalju, .fret at the Dun Cow, opposite Kensington Gate. After a minute inquiry, and nothing new appearing on the evidence more•than wav,stated in our Paper of yesterday, the jury, without much hesitation, brought diet! . vs:rd:id— justifiable I IL