The Sun. — London, England, 1804-02-07 00:00:00

T*o Copies of this Conventif3ri are hereb• mecutert striel faith, at the ileati.quarters nn the kieiY,lits et the Cape, un the day, 41011th, a!td year afort,aid. (Signed) DUVEYRIER. DESSALIN ES. The total of French Prisoners in Jamaica ex. seeds bOOO, including 967 Officers of all descrip. tions on shore on their parole. Every exertion was making to get the Prisoners sent away, but ther e was a difficulty in procuring Shipping which Would occasion some delay. Considerable uneasi ness would continue to be felt while they remained at Jamaica. A Commercial intercourse would probably he im mediately established between Jamaica and St. Do 'bingo, but any permanent regulation for an inter course i s a matter of the greatest delicacy and rttlry. Upon the wisdom in which it shall be formed will probably hang the fate of all our West India Colonies ; but as the failure of the French attempt to subdue St. Doming o has long been foreseen, and was by us foretold upon the sailing of the Expedi tion, it is a subjea which, w e have no doubt, has deeply engaged the contemplations of the British Government. __...__. tits MA JESTY did not_ _ take his usual exercise in , the Riding Howe yesterday on account of the - ---tiverit of the cold. They.,tE:i and Pitz:tcrssEs AUGUSTA and ELIZABETH, attended by the Countess of HAR- CuURT, took an airing by Mus-well of • PRINCESSES MARY, SoPHIA, and AmeerA, at tended by Lhly THyNNE took an airin g gin a Coach tlnd four about twelve o'clock, and returned Lbout two. Yesterday tr ay the DUKES aid Cof C UMBERLAND, KENT, ANILItooz, breakfasted with their IVIAJES TI Es. PR INC ESs Sopin A of Gloucester vii.tvil the Pe. tbrcess AMELIA. Yesterday morning in to wn f rom the D UKE of YoRK arrived Oatiinds, and had an audi ence o f Ills NlAnisTr. 'Yesterday, at one o' clock, 'M r . A DDINGTON time • had an audience of Fits MAi ksTY f or a considerable The PRINCE of WALES, we rejoice to hear, is much better, but he has been ill enough to awaken the apprehensions of all about him. The accounts yesterday were of a more satisfadoTY nature than days. The anxious in / hose of the rwo preceding quirles at Carlton House were, on Sunda and yes terday', out or number. Yesterday the Dispatches for Madeira, C oast and Bay, b y t h e extra Ships E a rn. , and Si r 11.,,, 1I t 4 .6 k y , India House, and de_-were finally closed at the East livered to t h eir respeCtive Pursers. PASSENGERS YEA FAH, For Ceylon--P. Del.Atie and Deno.. For Bengol—Mrs. Clarke, APss Clar.k _ a e. d Iklss Amelia Ben ; Messrs. K. Pereevai, ill. ce'weribbt, T. Owen, • Towd L• 1)• lid], Cdtlet:i. ;‘.l , ~ t dr a s --'dessrs..r. W. Ellis, W. Isaeke, J. stack, and eickeong, Cadets. PASSENGERS PER SIA WIC LITNSLLY. for Bengal --illes,rs. A. Waid e , F. Remington, R. F. Pur vis, (:. il Alley, If E. Page. and 1. Mansell Cadets Tor 41.,nras - - - ssrs.•A rench, j. W. Frith M. G. O'Co.n- Jim', I. I. O'Dennaghoe, and S. G. 111arahaill, Cadets. The following is an accurate List of the Officers of the late St, Domingo Army, arrived at Ports ineurli : ROCtiANIIILAu, General en chef. LA Poy??., General of Divis PAGET., G eneral de $r iQn. I 3 oys, Di tto. ' Ds RUAue-r, Adjutant a la Guard d Di; VERRI E, Chef de Etigado. de la 'Honneur. Foype. Ftrax, Chef d'Ar t ill erie. ItizyNA en, Officer de la Guard d'Honneur. o.GoemArv, Adjutant aid Aid-de-carnp to the C;en.en Chef. ALE[xic, Secretary and Interpreter tothe Gen. en Chef. PoNtAtstz, Secretary to do. Le CLERC, Engineer. LA YOVII,R,. Lieutenant, Nephew to General LA POYTE. 4 sCU S , Adjtztant de command, and SECIIE, an Oilicer of rank, that were to tion naire, did n ot emba have .m coe to E ng l and in the Revol u rk The above Officers arrived in the Revolutionaire, abciv e twenty arrived in the Cuntterhi&d, among who -11 l were ..General &HANNAN, Commodore 12_A. ill and Colonels Commodore and LEG sy. iuthwYas'actelcit.te),&,s_einetytwo cCulii,esterfield, for, whicliplace By rile tlest-;(r's'filrorn ... at 1 . set out on Sunday. iniaara, it appears that above gOOO persons, inchidinj monivestiand settlers, arrived Iron. St. Domingo. and T_roops were the remna lt of all those Gerinatt entrapped by the Chief Piles who were Consul, and sent from the Mediterranean to rise West Indies. We understand, that they have to a man, volunteered into the Ed t_ish servite, and have been received into our 60th R..egiment• General Rocit AM BEAU had rendered hiinself so ohnoxioz:s to his own Army, that lf on IS arrival at Jamaica it was neces\ary that he should be . oiled under an escort to his lodgings, to save him from the fury of his Of&ers. ---- _Tile Govern of J i lii-a has issued a Proclama tion 'Of the- 25th I\lnift:'nll4.e-r' last, for colleeting all .Emigrants 'and 0,,.; ' ' ;''in ' . -,r slaves, not employed cultiva tion, and ceriifitd as p,.o,,,,,subjeas, and was sending fern in transports to Louisiana. The Governor, i lowe ver, found it necess.iry to issue a second Procla. Illation, in copse t 1 of several of these boa,..st Gen tlemen who had contraCled debts to a Considerable • amount having given in their names to go off with their property and slaves. second The oper at i on o f t hi s Proclaniation will aply prevent thi s spec i ous Mode o f swindling. m Tile Revolutionaire has brought over upwards of ,4. 00,000 dollars, the property of different merchants In the Nest Indies. The number of dollars in pos session of the Officers, is said to amount to near 200,000 more. During her passage she had very tremendous weather, and was in donLidecable danger of foundering. - At the Lok.DLr tuTENANT's Levee at the Castle, on Sunday lasr, his Excellency conferred the honour °I Knighthood upon CApt. Davin O G r LEr y, of the Madras Army, in consideration. of his zealous and meritorious servces to his Country during the long P e 'iod of 2 2.1 yeitTS in th e East Indies. n The Rev. Gror.ce ilt/RR4ao, A.M. Chaplain in '', l4 ' , lry to Fli s NI A : a st_y, has beer, presented by toe Lotto CRAXC ELL R to the Vicarnge of s . !°ll Tyas, is yorksitt void by the death C• ~..•_ , V4 -r.o‘. . •Middle. •• N4Y4 L NE ws. POItTSMOUTH, FEB. 6.—Sailed the West India Fleer, under convoy of His Majesty's Ships Thisbe and Hound, among which are, the Maria, WlLsolg, Smirk', Eagle, CRITCHELL, Nancy, MURR AY , and Latona, MACGRAIi. Sailed also, the Mediterranean Fleer, under con voy of His Majesty's Ship Hindoitan. Arrived from Waterford, the Nang' , rtvo-r. DEAL, FEB. 6.—His Majesty's Ship:Cheviot, and Bloodhound Gun-brig, came in froth a crutze cff the Coast of France; the Snip Gun.brig from the Northward, and the Leopard from Dungeness. Sailed the Abundance Store-ship, for Ireland ; the If/ P almer Castle, Winchehea, Walton, Ciren cester, and Sir William Beasley, East India Ships, for Portsmouth. , In the Downs—Monarch, Utrecht, Leopard, Brilliant, Champion, Leda, Squirrel, Arab, Vulture, Curlew Lark. Bloodhound, Snipe, Perseus, Fury, Dart, Basilisk, cackall, Speedwell. The following is a Copy of a Letter from Admi. ral DACRES, of the .Couragellx Man of War, in Cawsand Bay, dated February 4, to the Masters of LL tyo's teXTCTLENIZN, " A most unfounded report having been propagated by some malicious person at Plymouth, or at Plymouth-Dock, that the ship Frank/in had been run down by His Majesty's ship C%rerageux on her return to this Port, and having eer taM information that the said report has been forward.. ed to Lloyd's, I have to desire you will contraditi the same in the fullest manner. I inclose, for the information of the Merchants and Ship-owners, a List of the Ships forming part of the West India Convoy, which are returned to this Port witll the Courageux ; 91 Sail were in company on Friday the a:7th of - iaiivarv, and 5 i are supposed to have parted company with His Majesty's Ship Renard, in the gale of that night they appeared in good order, and 1. presume will persist in making a passage. " I am, Sir, your most humble Servant, (Signed) " I. P. DACRES." Admiral Sir T. DUCKWORTH, at Jamaica, has promoted Lieut. BAKER to the rank of Commander, and to the command of the Shark Sloop, in the room of the late Capt• HERRING. • Capt. REYNOLDS is appointed to the Cull; dem, of 74 guns, at Plymouth. The Lords of the Admiralty have appointed Lieutenant JAMES (Mix LUCAS, to superintend Signals on the Coast of Sussex. The Orpheus Frigate at Portsmouth, is ordered tL, be fitted for foreign service immediately. A letter from Edinburgh, of , date of Saturday, gives the following account of the alarm spread along the Northern Coast : At half past nine o'clock on Tuesday eveni ng , the Signal for an Ene m y being upon the. Coast was made from the Stations in the upper part of Ber. wickshire, and being taken up from thence, Was repeated through the County of Roxburgh. The Volunteers of the latter County turned out with the utmost alacrity, and though dispersed over a most ektensive country, were all in the course of the night at their alarm posts, and ready to march. But the whole having originated in a mistake of the Serjeant at some of the signal posts, 'the Volun. teers were dismissed, the following Order having been previously communicated to them. Head-quarters, y,../Z.urgh, F 63. 2, 1804. Lieutenant-Cc/I°nel RUT HER FORD requests that the Let ter, which he has had the honour to receive from General the Earl of MOIRA, may he communicated to the Volunteers. He has only to regret with his Lordship, which he does most sincerely, that their zeal upon this occasion has been dis appointed. Had they been opposed to the Enemy, the event would have shewn them worthy of their ancestors, and though the opportunity has not been atibrded them, they have the satis faction of knowing, that they have acted the part of men de serving well of their Country. In dismissing them to their homes and families, he begs leave to after them his sincerest thanks, and to assure them, that their conduct has, it possible, added to the high opinion he has always entertained of their loyalty, their gallantry, and spirit. It now begins to be a general topic of conversa. tion and subject of apprehension, that LINO'S with his Squadron, upon the first intimation of a re newal.of the War, pushed for the Cape of Good Hope, of which he could easily possess himself. In this case our Trade to India will probably meet with the most serious interruption. It was early in the War debated in the Cabinet whether we should not re-take the Cape. Several of the • Ministers were strongly for the measure, but we have heard that their opinion was over. ruled by the First Lord of the Admiralty, who asserted that it was better in any other hands than ours. It will soon be seen how fatal Was this opinion, for if the French Possess them selves of the Cape, it may easily be conceived how impregnable they will soon render it. • A letter in the American Papers, dated from . Washington, says : " There has been a Serious op_ puguation' to the President's drawing-room arrange ments. It sterns that, to slim his aversion to Mo narchy, he has determined to give precedence to the Ladies of the Secretaries of State, of War, Navy, and of the Treasury, over Mrs. MERRY, the lady of the English Ambassador ; a point of etiquette in which Mr. MERRY refuses to acquiesce, as under the Ad ministration of WASHINGTON and ADAMS, the Ladies of Foreign Ministers were always considered as entitled to the precedence : what may be the re sult we know not it is said Mr. JEFFERSON and his Ministers have been closeted nine hours, with out intermission." The prosecution against Capt. D'EiTERRE, of the Royal Marines, closed on Saturday morning ; and the Court adjourned till Monday, 12 o'clock, when he was to enter on his defence. On the ,r lth of January, his Royal Highness Prince WILLIAM, brother to His PIttIiSIAN MA. Issry, was married to her Serene Highness the Princess of Hlssii-HomaußG.—The nuptials were celebrated at Berlir. with great splendour. On Friday, a number of respectable inhabitants of Dumfries and the country part of the parish, enrollel themselves as Spearmen, for the purpose of preserving the peace, in case the Volunteers are called from thence to repel an invading enemy, MIDDLESEX ELECTION COMMITTEE. THE greater part oryesterilay's Sitting was taken up wiih the examination of Mr. ADOLPHUS (one of Mr. MATIMARINO'S Inspectors,, :relative to Lain points of the condud of the then Sheriff's, with respect to the Eleaion. It had been contended, by Mr. ADAM, on the part of those Gentlemen, that the greater part of the matter which transpired, could not regularly be. gone into, but that what re. laced to the Votes was alone proper for considera tion. The contrary proposition was ably supported by Mr. PrcoT, the Petitioner's Counsel. On this point the sense of the Committee was taken, when, we understand, the decision was, that thr general condua of the Sheriff's, with .respea to the Eleaion, was proper matter for consideration, and that evi dence Upon it might•be received. CHORAL FUND.—The Annual Concert for the Benefit of this very laudable Institution, which was, foubded for the relief of decayed Members, their Wives, and Daughters, took place last night at the Haymarket Theatre. The Band consisted of the most distinguished Members of the musical profes sion, and the vocal department was very ably filled by HARRISON, BARTLEMAN, Miss RICHARDSON, Miss TENNANT, and Miss CORRY: The Concert was miscell aneous , an d t h e several parts were judi. ciously allotted to the respeetive Performers. BAR. TH E LIMAN, a musical veteran of well-known skill, • performed a solo on the violin, LINDLEY gave a Concerto on the violoncello in his best manner, and Mr. C. WESLEY contributed an Organ Concerto with great powers of execution. The Vocal Per. formers,. animated by the meritorious purpose of the Institution, exerted themselves with fervid zeal and admirable effed. HARRISON and BARTLEMAN are too well known to the Public, and too gene rally admired, to need any eulogium on the present occasion. Miss RICHARDSON and Miss TENNANT acquitted theniselves with great ability. Miss CoR. RY, who made her first public appearance in Lon. don last night, displayed so much taste and execu tion in " Lit the bright Seraphiyn," that she pro mises to become a conspicucus ornament of the mu sical world. She received great applause. It is with much pleasure we add, that the Concert was so well attended as to afford a high gratification to the Friends of Benevolence, as well as the Ad mirers of Music. THE THEATRE.—The Comedy of The Country Girl, altered from WYCH ERLY's County Wife, was represented last night at Drury-lane Theatre.. Mrs. JORDAN drew forth all her rich comic spirit in the part of Miss Peggy, ard highly delighted the audience. This is one of her very best ilia_ ratters, and in such charaeters she must always ,be attrataive. WROUGHTox played Moon: ) , with his usual judgment and strong emotion. He dressed the parr, however, too much in the style of Farmer Fairfield. PALMER'S Sparkish was the best repre-, sentation of the part that has been seen since tire time of Donn. This Comedy, though it has un. dergone much critical weeding, bears'Etrong•mark s of the wanton luxuriance which cliarafterized the age in which it was written. The Second. Part of IC;vg. Heriry th? - .Fozistir, which hat' been revived in so superb a style at Covent Garden Theatre, was.repeated there lasi night before a numerous audience. The parts are altogether so. well Supported, and the drama -is so admirable in it self, that its success is very creditable to •public' taste. Finer. lessons of morality and raliaions upon life, mingled with effusions of genuine .hu mour, can hardly be found in any of the works of . its itmnrtal Author. K EMBLE i n hi s d ress, - g i ves a vf-rY ,striking representation of King - henry, - and renders it a very solemn and interesting piece of acing. His brother Charles, is also very suc cessful in his exhibition of The Prince of Irqles.-- Coola's humour in Faistof grows more free and easy, and MUNDEN, though. he _sheaved a touch of the Gout in Justice Shallow, was no otherwise lame in his performance. We take the earliest opportuflity to contradift a false and slanderous paragraph, whidi we are very sorry gained admission into our Paper of Saturby, stating, that a grarid.daoghter of the celebrated Dr. ATTERBURY, Bishop of Rochester, died in very reduced circumstances a few days ago, at an obscure lodging in St. Giles's. Lieutenant Colonel BC:01SE has been found guilty by the Court Martial, upon the charge of employ ing, contrary to his duty as an Officer, non-com missioned officers, privates, and recruits in his do.. mestic business. The sentence is, that he be pub. licly reprimanded, and that the reprimand be print ed and sent to the several districts and regiments. DUEL—Yesterday s'ennight a duel was fought on the race course at Warwick, between Lieutenant DEANS of the 6th Regiment of Foot, and T. AN. NEsLEY, Esq'. The parties met at seven o'clock in the morning, the former attended by Capt. LEESON, and the latter by G. WooLLEY ; after exchanging two shots each without eff'ea, the' seconds inter fered, and the parties were reconciled. - The Duke of CUMBERLAND'S Sharp Shooters as. sembled on Sunday morning at Chalk Farm, to fire at a target for a medal given by Capt. BARBER. During the exercise a spark:flew into the powder horn of Mr. HENRY ANGELO, jun. which occasion. ed its bursting. Mr. A N c ELo 's arm was much hurt by the explosion, which- also much affed . aa Mr. SETTERS, another of the Members. Nu fatal con sequence however is likely to ensue. Mr. ANGELO notwithstanding this accident!emained in the field, and afterwards placed his shot nearest the bull's eye. Mr. ALLINGHAM gained the medal by the greatest number of shots in the target. It is remarkable that the French , / General, the Count de ROCHAMISEAU, and his son,' the present General RoctiAmßEAu, should both .be in a man ner the Commanders whose operations were to de cide the fate of two great Colonies, viz. America and St. Domingo.—Lor.i CORNWALL ts's surrender to the Count decided the fate of America, and his son's capitulation that of S. Domingo.—RocnAm- BAEu also surrendered Martinique in the last War. An ox in the possession of a respectable farmer a t Llanrliaiadr, Denbigh, died 'last week at the very extraordinary age of 35 years ; it was also of a most prodigious size. 1:11r RETORT. COURT OF KINC's BENCH, MONDAY, FEE. 6. THE KING v. DOWLEY. VOLUNTEERS. AFTER some business had been gene throws!), ate! the ATTORNEY GENERAL had come into Court fat the purpose of praying Judg'nene on a nureber et Defendants, who had been convicted of obstrelin g Officers of the Revenue in the due execution of their duty, and for other misdemeanours, &c. &c. The CHIEF JUST/CE said, it had hen suggested to himself and the other Judges, that it would h e matter of public convenience if the Court woell give Judgment in the case of the King V. Dowley, as soon as it could conveniently do so ; the Judges had considered the case, and looked into the Acts of Parliament, •and there was no occasion to trounce Mr. ERSKINE for his Reply, it might therefore be of some public convenience if the Court were now to announce its Judgment. It was unnecessary to state the fads of this ease, as they appeared on the face of the Convidion, they were very recently stated, and they were in rite memory of every body. In this ease the question appeared to the Court to lie in a very narrow compass, and it was to he considered on the fads as they appeared on the face. of the Convilion, which might not he applicable to another case; and.each case, of course, must he goo. versed by its own circumstances. The terms of the Southwark Volunteer Corps 'of Cavalry, of which this Defendant was a Member s were to be found in the Rules and Regulations stated in this Conviftioo, or indeed in the Statuses of the 34th and 4.zd of the King, to_which the Regulations referred. Both the Statutes and the R egu l at i oos themselves w e re totally silent as to the period durs ing which each Member of the Corps was to c ris tinue his service. Nothing was to be fosnd in the Ad of the 34th ofthe King upon this point. The At of the seed of the King, c. 66. sec. se, by reccgeizing the Regulations of the Corps, gave power to a Vo lunteer to give notice of his intention to diseontinee his service, and provided for the mode in which the resignation should be signified, the expressions of which provision clearly imported that the party had the power of making the resignation by his own ad. It appeared that if, before such a resignation, a per, son had been drawn for the Militia, his exemption as a Volunteer should cease, for that then he should he liable to serve himself, or by substitute, as I supernumerary, if there should be no vacancy in the DistriEt for which he was drawn. The very ex pression of discontinuing his service, must imply that a Member had it in his power to exercise the right of resignation ; and by the statute of the 421 of the King, c. 66, the party is allowed to notify his intention of discontinuing his service.. " Then came the Ad commonly called the Letts? en Masse Ad, .which: regulated two descriptions of . men. Th ose. wh o were Volunteers formed and .approved. of by His I\lajesteter and whose services had beret acceptedand thirst. who. were Volu nteer? Will ftg,r by' him, sexveunder that.Ad, End wlmsr names • were to he returned by the Constables who returned accounts of those dwdlinss in the parishes of which they were to rte.ke returns, they were to give an eccouut:of those who were willing to engage in the service as Volunteers under that Att. 'fhis matter'. wits :under the, eedesedion, 'and 'if the Volunteers • amounted to a proportionate number therein stated,. ...His Majesty was to-have the power of suspending the operation . of the Ad ..which, required the -rvl ass to be trained and exercisesL—llle r e his Lordship read seelause out of the . 9th sedien of this Army en Masse Aft, which-relatei to the training of such. as arc enrolled as Vetuntests, and which empowers His Majesty to suspend the provisions of that At in the event of Volunteers being of a certain pro. portionate number, otherwisee that the 'provisions of the Ad shall take place.j—His Lordship then proceeded to observe, that nothing was here said about the period ofethe service of Volunteers. All that was to be found in this clause by way of sus. pension of the Levy en Masse was, that the Vu. lunteer Corps should be, in one case, of a given proportionate number, and that in the .other they shall have been trained and exercised in a given way, and that when under arms they who have s o ,enrolled themselves under this last Aft, shall march. when so commanded, &c. and if they did not com ply with such conditions, then the Levy err Masse was to take effed ; but a suspension of that Act could not impose upon any Volunteers previously existing, any terms unless they had agreed to such terms, and their offer . of servic es h a d b een accepte d on such terms; and -as to c. 96, it treated only •of services under that At; it spoke only of those who were liable to serve under the Army en Masse, but it was wholly silent with resped to the period of service of the Volunteer Corps. The last Statute was the 4.3d.0f Geo. HI. c. sec. 9, and that Statute:left this -point untoticHi ; for it related to Volunteers who appe are d at t e e time of Invasion, and bad no reference whatever to those who bore that charades before that time.-- There was a power given to cony ift persons for non-payment of fines, and for non-compliance with the Rules_and Regulations of the Corps previously made, and the whole -must depend on the terms on which the service of each Cops had been offered and accepted. However updn this Ad, commented, upon as it had been, neither the scope or objed of ir, or the terms o f it, taken together, appeared to the Court to warrant it, in saying that the express power of retiring, ;'s it belonged to a member of this Volunteer, Corps was revoked or. taken away. The C o u rt was therefore of o pi n i on t h at. the Defendant in this reseed was competent to exer. cise the power of resignation, and having exercised that power, this Conviction could not be maintain. ed, hut must be quashed. • Convidion quashed. THE KING lIPPBURNAINTD' ANOTHER. The ATTORNEY GENERAL moved the Judgment of the Court on the Defendants Lieut. Col. Hepburn and Capt. John M'Cumming, one the Ciumnandanr, the other the Pay-m tster of His Majesty's 3tsc Reg;tnenf. They were tried before Lord` EL I.F.Nnottoticri and a Special Jury, at Westminster, the Sittings after