The Sun. — London, England, 1804-01-20 00:00:00

MR. ERSKINE's OPINION* ON THE VOLUNTEER ACTS. To.morrow Morning will be published, in g,O THE OPINION of the Hon. THOMAS ER_ SKINE on the VOLUNTEER ACTS; more espe cially on the RIGHT of MEMBERS of VOLUNTEER CORPS to RESIGN, after having been regularly entered on she. Muster-Roll. ' Printed by and for B. M'Millan, Printer to His Royal 1-11 - glinesslbe Prince of Wales, Bow-street, Covent-garden ; a►td tg be,bad gt all Booksellers. ;MAILS. ARRIVeD. H imbutgh Du II . 3 . V PRICE OF STOCKS, ts; I's DAY AT rwiLva o'eLnec. Cons. S 5 I ex. diy; I Red. Ann. si aS 6 E Orn• - 4 a 311 THE SU-N. QUIS DICZRE FALS'i2g IitIEAT? LONDON, JANUARY 20, 1804. WE received this morning the Monnenrs to the gth inst. The FIRST CONSUL returned to Paris on the 6th inst. at seven o'clock in the evening ; so that the invasion will probably b po:tponc,l fcr some time longer. There is a very short account of the capture of their Gun.boats by the Archer; they, however, reduce the number of Boats taken from - five to three, ard console themselves by sayinn , that the EngliSh suffered severely, and by giving a poriapus and circurtistantial account of the capture of the Grappler Gun.brig, which run ashore near Granville. One of the Mon tears contains a letter *ivied GtO FAziroLl, ,Captain of a vessel be.. longing to theJt.epublic of the Seven Islandi, coin piainihg of the treatment he experienced from two English Frigates, one of which was the Amazon. lie'Atates that the English Captain.went on board his Ship and robbed him of wine, linen, &c. We merely notice this Letter, to skew the contemptible fAsehoods to which the French Official Paper stoops to caliirnniate an Enemy whom the Fleets and Ar mies of France are afraid to. encounter, The Blockade of Genoa by the English is said to uc :•cry stri6l. The Fun4s are 53. 75. A Gentleinan very recently arrived from France, states that the Amy of AUGEREAV, assembled at Bayonne for the purpose of over-awing Portugal, has aaually reached Bresi, in the vicinity of which, _liztween thirty and forty thousand Troops are now stated to be assembled, ready - for embarkation. We have. no doubt that the Brest Fleet will take the first opportunity of pushing our. Its destination of course [Mist be mere conjeEture., but we think it not, improbable that Egypt is as likely to be the point it will steer for as Ireland, Admiral CORN_. V.7ALLIS, we have no doubt, lthwever, will keep a good look out after it,, whatever course it may take. BONAPARTE, we apprehend, was at Boulogne daring the whole period of , his late absence from Paris. lie arrived on the asst ult. at the former race, was there till the sth, and reached Paris again, it appears, on the evening of the 6th. Surely by this , time his lorg.boasted preparations for the In vasion must be nearly cornpleteWhy then did be not push 'out his immense Flotilla .while he himself was present ? Probably he did not wish to be an eyewitness to • the discomfiture and destru6tion which he cannot but suppose, whatever he may say, most certainly await it. W 2 this day present to our Readers the Opinion of the Hon. T. Easz.lNE on the interesting point resceaing the Right of Volunteers to withdraw themielves front Military Service. It will be seen that this Opinion militates against that of the Crown Lawyers, but it it given in so clear, for cible, and argumentative a manner, that we think it must carry convinion to every mind. While we regret that this and other points conneBed with the Volunteer Service, should ever have been agitated at all, we cannot but now ad mit the necessity ..of , their being finally settled aid decided on. We hope and trust this decision will be such as to give general satisfaBion to all those who have so nobly stood forward in the de fence of their Country. Mr. ERSKJNE'S Opinion be read with interest by every Volunteer in the ik:i•gdom, and we trust that every one will endea vour, in considering the question, to emulate the reinprance of the able Advocate, for maintaining the Volunteer Service inviolate from compulsory tmnditions, which can only tend to weaken and degrade it. Yesterday morning the DUKES of KENT and CAMBRIDGE breakfasted with THE IP. MAJESTIES. A great number of enquiries were made after His "VIA J ESTI' 's health, and the general answers were, His MAJESTY is much better. PRINCESS AMELIA took an airing in a coach an,l-four. In` the evening THEzzMAJESTZrs had a Concert and select party. Ni - 11 1 .17L NEWS.. DEAL, JAN. lg.—Came down the 2, 7 onne:Va Sloop from the Nore. In the Downs—Monarch, Utrecht, Brilliant, Perseus, Autumn, Ronnetta, Speedwell, Basilisk, Abundance Store, ship, Deptford Lighter, with the Outward-bound as per last. SHEERNESS, JAN. tg.—A,trived His Majesty's Ship Cyclops, from the Downs. Sailed the liesuv;us Bomb, Capt. O'BRIEN. A Court Martial was yesterday h!ld on board His Majesty's Bomb-vessel Fury, on Capt. SNELL, Officers, Pilot, and Ship's Company, for the loss of His Majesty's Sloop Avenger, off the Weser : the Court was of opinion that no blame attaches to Capt.SNELL, Officers, and Ship's Company, but to the Pilot, who was reprimanded for his ignorance. PLYMOUTH, JAN. 17.—Came in from the East ward, a frigate troop ship, with the loss of her main-top-mast. Cart. HEATHCOTE, and the ship's company of La Suffisamfe, lost at Cork, who came in a tender, were sent on hoard the Salvador del illundJ. of I I 2 guns, Admiral Sir J. Co LroYs, K. B. A Court Martial was held on Capt. HEATHCOTE, on Saturday, on board the Flag Ship, for the loss of His Majesty's sloop La Su.,, , csante, of 16 guns, on Spike Island, in the Harbour of Cork, on the 7,;th of December last, in a violent gale of wind ; when, after hearing the evidence for and against Capt. H. the Court acquitted him of any miscondcdt in the loss of the said sloop of war. Last Friday, including the S:l. - 'Tifmteis ship's company, sgp volunteers and impressed seamen were discharged into the Flag Ship, and as soon as new slopped, were distributed on board the Temfraire, 98, Rear-Admiral BRIAN ; La Francaire, 40, Hon. Capt. MURRAY ; L 2 Bacchante, zz, Captain DASH WOOD ; and other ships fitting for sea in Ha- M9aZe. Several hundred men are hourly expeCted round from Londonderry, Belfast, Cork, Water_ ford, Liverpool, Chester, Bristol, and Milford Haven. Last night by torch-light, the tide serving, the le;:crahle, 74., was towed into the Dock, a_ stern of the Warrior, 74, and lately occupied by the Terrible, 74, Capt. Lord H. Pot:LETT. . . It is supposed if the re;:erable, of 74, is found to want much repair, she will be paid off; her Officers and - Crew are at present on board the Ritpil:, of 6o guns. Part of the latter have been turned over to other ships. Remain in Cawsand Bay (as per last), seven sail of the line. Th. Plantagenet of 7 4.•3{.; ns,lion. Capt. DE Cot.TR CEY, in the gale of the z;:li uit. was forced into Penzance Bay, and rode it out in that Bay. The Hon. - Capt. DE CCURCEY, ever attentive to the interests and welfare of his Country, as soon as the weather moderated, sailed to regain his station off Brest, and aivally, singly and onsuppo r r e d, bl oc k e d up the French squadron 4.3 hours, and was found by the ships, as they joined, alone on his station, as if the lookout ship of the inshore Squadron. It is important for Mariners to know, that the Light-house ereded about twenty-five years ago, on Montrose Ness, is now taken away, to make room for a new Battery to be erected. Captains MASTER and FARQUHAR, are appointed to the respeaive Commands of the Meteor and Ach e _ ran Fire-ships, fitting for service at Woolwich. The Sally, DokNArr, from Vigo, is arrived at Exmouth, and 'reports that the French Privateers have sent in there several English prizes. A Letter was received in town yesterday from an Officer on hoard ills MAjEsTy's Ship Donegal, by which it appears that Sir RICHARD STRACHAN'S Squadron was cruizing off Cadiz on the 3d inst. all well. They had not taken any prizes of conse_ qtaence, but were in a State of preparation to take immediate advantage of' a rupture with Spain, in case that event should happen, which, the letter adds, is a matter' f general 'expeaation in that Cotmtry7 Mvice . was yesterday received of the arrival of the Swift hired cutter at Plymouth, from Tortola. She sailed from that place on the 31 ult. in company with. the Chichester Man of War, and a convoy, which she parted in a severe gale off the Western Islands. The-boats of the Scourge Sloop of War went into the Texel a few days since, where-they perforxed the bold enterprize of cutting out a Ship called the Stranger, laden with timher, and hound from Mcmel to Hull, which had been captured off the Dutch Coast by the noted BLAc KNIAN. The 3t Yarmou t h o n Wednesday. prize arrived The DUKE of YORK transaled business at the Horse Guatds yesterday, which occupied Hi s R o y a l Highness several hours. Col, Hot , c and several other Officers of the first eminence were present. A Morning Paper says, that the Earl of MoIRA will certainly return from Scotland as so on as a successor to him shall be nominated. The reason assigned for this is, an objeetion on the part of Ministers to comply with some dispositions which his Lordship thought necessary for the Public Ser. vice. Lord Mot RA has acquired so Much just po pularity in Scotland, that his removal at the pre. sent moment will be generally considered as a cir cumstance peculiarly unfortunate. The Court Martial on Lieutenant. Colonel Boys yesterday assembled at Chelsea Hospital, pursuant to adjournment, when the Colonel entered upon his defence to the charges preferred against him, and afterwards proceeded to examine the evidence. It was expetted the trial would close this day. The most splendid liveries on Wednesday, were those of the Dukes of ST. &nail's and PORTLAND. The black st;,ckings anti yellow clocks, belonging to his Grace of ST. At. BAN'S livery, is ancient and noble. His Grace went to the •Drawing..room through the Park and Great Court-yard of St. James's. The Dutchess went in a chair, wi t h fi ve footmen in front. We are sorry to fiud Fits MAJESTY's lameness prevented his attending the Drawing.room Or, nesday, but we are hAppy to hear it does not afF e tt his general health, Sir FRANCIS MILMAN i s i n (134 attcndance upon His IVIAIEsTr. P.4RIS, JAN. 7. Tl.-. 7.2. FIRST CONSUL is returned to Paris : he arrived yesterday at seven in the evening. BoULOGNE, JAN. 5.-A Convoy of one hundred sail, consisting of Vessels of War and Transports, doubled Cape Greniz on the 3d, with a fresh North East wind, and, in spite of the English Cruizers, entered Boulogne. Only two small Transport Boats, and one Gun-boat, having on board ten Soldiers, were taken by the English. The Gun-boat fought from ten in the evening until midnight : it had been weakened by the currents. The English vessel was considerably damaged, and had seven men killed. Half of those who were on board the boat seeing a second English Cor vette approach, saved themselves in a canoe. FRANKFORT, DEC. Serene Highness the DUKE OF SAXE-ME INUNG EN died on the 24th of this month, in the 43d year of his age. Letters from Munich state that the Ktwc: of SWEDEN has been attacked with the small-pox, but not in a dangerous way. BARCELONA, DEC. 2.----In several Provinces in Spain, the misery of the lower classes of people is ex treme, owing to the scarcity and dearness of provi sions, particularly of corn. In many places the poor are forced to live upon the bark of trees and roots, and in addition to this, an epidemic disorder has spread itself through seyeral Cantons. SIR EJ'A?V NEPEAN. THE. LORD LIEUTENANT of Ireland!laving ex pressed his approbation of the appointment of Sir Evan NEr RAN to the vacant Secretaryship in that Kingdom, Sir EvAN will quit his situation at the Admiralty Board to-morrow, and will leave Town next week for Dublin. Few changes in the Political Department of the Administration could cause more general regret than the removal of Sir EVAN NEPEAN from the Ad_ miralty Board, for although protened by a great Personage from the means used to drive him from his situation many months ago, yet there is no doubt but that the dissentious at the Board have been the cause of his leaving it. his ab sence from it will very soon be felt, for no man understands so well the business of his own De partment, and few will be found who have the perse verance to attend to it as he has done. As Secretary of the Admiralty the suavity of his manners pleased every person who lad access to him ; while his attention to every application from the Mercantile Interest of the Country, has given a degree o f popu l ar i ty to the Board, which has cer, tainly been extremely useful to the general charader of the Administration. It is not yet positively known who. is to succeed Sir EVAN NrrEA N , His place was first offered to MAR,DeN., who declined it, and ire also re tires from the Admiralty ; but it is generally be lieved that Mr. MARKHAM and Mr: Itio K will be the new Secretaries. The Troops at Erig!iton, by particular desire . of Mai :r-General LF.NNOX,' fired a feu.d e -j o i e i n ho no tit , of FIER MAJESTY'S Birthday. Although the day . was bad, they asquitted themselves very much t o the General's satisfa,ftiOn, from their soldier_ like appearance, and rece i ved his compliments upon the occasion. As the PR INC i . was not present, t h e Royal Horse Artillery, the loth Light Dragonns.4.'h and bth prignors, South Gloucester, North Hants, Sussex, and Dorset Regiments of Militia, marched by • and sainted the General. --Lady CU ARLca rt LENNOX and Lady CRANtAy were on the ground, notwithstanding the rain, to spe w t h eir loyalty. In the evening there was a Ball, at whi c h all the Mill. tary were present. Notwithstanding the rain that fell yesterday al. ternoon, the 3d Regiment of Loyal London Volun teers mustered at Bridewell at tw o o'clock, and marched to Kennington Common, where they had a grand field day. The Surrey Yeomanry were also out yesterday on Kennington Common, and spent several hours in pratlising different triancenms. Yesterday the Royal Westminster, the St. James's, and the Loyal North Britons, had a fieid.day in Hyde Park, and went through their manmJrvres with their usual correanes3. Colonel Rob' NSO Dr yesterday informed his Corpc, (the Royal Westminster) on parade, that orders have been issued by Government for the preparation of camp equipage for a very considerable body of the Volunteer Forces. Colonel JENKINSON, who was in the field yester day during the marching, firing, and manoeuvres of the Royal Westminster Regiment, was pleased to express the highest approbation of their soldierly performance, which, he said, he should report to His MAJESTY. The Wife of Two Husbands is still deprived of the support of Mrs. Moo NTAIN, but it is alto. gether so entertaining, that it drew a very numerous audience last night to Drury. Lane Theatre. Miss WENTWORTH, who is her substitute, makes a tolerable stand. Cinderella, though also deprived of the former, has a very beautiful Venus in Miss • Letters of a recent date mention the demise of Madame Iltr..t.tesßEßG at an estate near Tours, to which she had retired in honourable affluence. Her death was occasioned by the extreme exertions which she had invariably used in her profession. Mr. TUKNERELLI is the Artist whose musical abilities afforded so much pleasure at the meeting of the Royal Academy on Wednesday last, at the Crown and Anchor. There are few professional singers 14h , se voice and musical ta(te are equal to what were displayed by this gentleman. Married, the Rev. SAlvttlit, C. F, Chaplain t His Royal Highness the Duitz of Li AR ENCR, to Miss CsRIFFITus , daughter of jcuN MIS, Es;. late Governor otl;,irAt, OPINION OF THE 110 N. rno, ERSKINE, ON THE VOLUNTFFR• ACTS. Questions having lately arisen before the Magistrates in di& ferent pare of England, upon the Right of a Member of a Volunteer Corps to resign or discontinue his services, a view of all the Statutes upon the subjea cannot but be very generally interesting. We have, therefore, inserted an Opinion given by Mr. EaSK t, upon this important subjcit, The narnre and extent of the various engagements of Volunteers must be looked for in the engage ments themselves, as they were accepted by the King, aided in their construftion, where it may be necessary, by the contemporaneous sense of Parliament upon the subject, as expressed in the Aft which enabled His Majesty to accept them ; and by no means upon inferences drawn from subsequent statutes ; unless, indeed,• they spoke a language so plain that no two Englishmen could in. terpret them differently ; because, I should consider it to be in the highest degree disrespeftful to the Legislature, to suppose that it ever contemplated, by ex pert /ado laws, to affea the grace and honour, much less to alter the extent and quality of sponta. newts engagements and services, wholly uneXamplea in the History of England, or of the World, for their patriotism, spirit, and virtue; and which require no enlargement, nor any construCtion con trary to the plain and simple understanding of those who enter into them. I desire, however, to preface my Opinion by saying, that instead of find ing in the language of any of the Ac - ts of Farlia. :tient such an arbitrary alteration of the original engagements of the Volunteers, or any Parliament". ary expositions of them, which have a tendency to enlarge them,. I find, on the contrary, in terms the most unequivocal, that Parliament considered them to be purely spontaneous, trusting fur their con tinuance to the motives, interested or di;interertett, which had given them Hrth, As the offers of service by the various bodies of Volunteers are, no doubt, very differently worded, I will not go the length of saying, that there max not be amongst them engagements, either original or subsequent to their frit formation, that may be legally binding upon those who have entered into them, so as to exclude all retirement from the obli• gations ; hut the language which creates such obli' gations must be clear and distinct, because it cannot be inferred from a general offer of voluntary service , lithe term Volunteer is supposed to he satisfied by the original spontaneousness of the enrolment, l eav i ng hi m afterwards indefinitely bound, then every enlisted soldier rnt:st be equally considered to be a Volunteer ; and, with the difference of receive ing pay•exceptect, and the local extent of sc rvice• would be upon an equ a l f oot ing both as t o mer i t a nti independence. Such a doarine appears to me to I , °' equally unjust and impolitic : unjust, because for the Volunteers' engagement there is no consitteratioT l but the s ense of honour anti of duty, the reward of which is sullied' if the service does not contiou to be voluntary : impolitic, because it is overiool‘' ing a source of anion infinitely greater than the force of any hu man aut h or i ty , to ta k e no account that invincible sensibility in the mind of man for tb ° opinion of his fellow creatures ; a principle whi‘ fi L notwithstanding disgraceful exceptions (more 1114:°': to become numerous by denying the merit of pe r ' severance), will secure to the Country the eons fit'' ance of a most formidthle force; strengthenc`' rather than wea k ene d b y occasional de s ertion': which gi ve b ac k t h e d eserters to the i r Countr y , mere regular soldi ers un d er compu l sory l aws, w hilo: those who are faithful to their honourable engag e a merits stand higher, and more proudly distinguish C , by their fideli r y. Th ere are , b es id es, many !Too', which may fairly and honourably induce a Volt° ter to re s i gn , o f w hi c h h e hi mse lf, an d no t , !Magistrate, oug h t to b e t h e j u d ge . I t may b e s old o that this d oes not app ly to t h e or di nary cla ss of the pe o pl e . B ut t hi s I pos i t i vely deny. • It do e . most einphatic,ally apply to t h em , if t h ey are w isely listed up to the condi t i on an d f ee li ngs o f t h e i r so t periors, by a lib era l an d h onoura bl e trust sv hi c ll o due at this moment to the whole People of Eng 131 1,,, from their noble, generous, and disinterested co ndlw_ This preface may appea r i m p ro p er , b ecause i t is ty; usual in an answer to a Law Case: but 'claim the 0 .4 rtacm privilege of feelin g , a n d t h e r i g h t of expres sl' ot it ; and it was unfit to postpone these observationg the conclusion of it, lest being of opinion that Vo nl o o teers have the privil ege o f res i gnation, I might pear, even for a moment, to be weakening a {0 bop which, if kept in its proper station, assisting f o r not supplying the place of regular forces, will ever render a free country impregnable. Let us now see whether this honourable or d r, grading condition of the Volunteers, is to be c i ° 6 l le, f ro m the AA o f Parliament w hi c h enable I the King to accept their offers of service. ,s 0 This A& (the 42d of the King, chap. 66) e ,„At passed expressly to enable His Majesty to ! tea .► himself of the cffers in question ; and it is but sonable to suppose, that the deliberate and contelfir. raneous construaion put by Parliament upon the' ture and extent of them (putting authority oat 0 9 the queiti6o), was likely to be the true one; 1 11 ° 1 / especially as it was in unison with the unive r . ,'7,. sense aid understanding of those who offered thy services. t ift In this Statute it was considered to be expedif - t o for the encouragement of the Volunteer Systetor h o grant exemptions from service in the Militia ( t tis only other service at that time existing or in c ° , o , temptation) to those who had enrolled thernsel" o e and who were effrclually serving in any Corps 0A ; and that Government might kt i o ° with precision, the individuals entitled to such , i t s emptions, effective service was defined by a 0 1 1 2 A attendance specified in the At, to be certifigaL i o muster-roll, transmitted by the Commanding 0 1 "; 0 ,, to the Lords Lieutenants of the different Couritlift Now, if such enrolment had been in the nature of binding obligation upon the Volunteers to cow s their services how Sedion ; which, having for its objefts'wi t " is it possible to account hos greater precision, to narrow the exemption to t v t , who still continued i n the situation whi ch I be ent itled them to i t , enada, " that there filial inserted in the muster. ro ll s , the name of eve r Of ,en enrolled in such Corp s 'who rind the date