The Sun. — London, England, 1811-11-30 00:00:00

w i 1; THE SUN. L 0 N 11 0 N, " 24,1/-111.S. Agotiviis-1 Guernsey. t Jersey, Waterford. DuAt--t 1. Lisbon, t Brazils, i Waterford. $01.1“1 - 0(11`; UtCirSt.l VALSUM oinz ? SATURDAY, NOVBMIIEIi 00, 1811. -According to the report of the Captain of -a ries. sel which has just arrived at Portsmouth, intelli gence bad been received at , Giran, stating that . this. French,.. under General BarrNx.i, to the amount of 4noo, were advancing towards that port, whichec count had induced him to quit - ii; , • Fre brought away Mr. KELLY, the British Constil, and a.considerable qtrantity of ammunition, money, and' Other pro— perty of various kinds. The French; he farther states, were aelually entering the town on the day that Mr; KELLY went on board, which was the 7th last. At' the request of Me. KELLY, it appears, that he was landed at Llanes, 'which is 'situated about sixty leagues diStant from Gijon,' and he had re. queSted alsO, that the Captain would. wait- for, him effiltar place: The Captain intenclul to comply with his desire, but a favourable gale springing up, he took advantage of it, to proceed en his voyage to this country, and he was obliged to leave Mr. 'KELLY behind. Several other 'vessels quitted jon, at the same time, on account of the rapid ap proach of the enemy. • Our Readers will ,see, by an extrael which we have made from the Irish . Papers, that the Irish ArfORNRY-GENERAL poAlpOtted the trials of Mr. KIRWAN and the other Gentlemen, against whom Bills of Indictment were found, in the expeetation :that it could not be the objei*l of the Catholics to violate the law of the land, which hid, been clearly laid down in the case• of Dr. Sri hiIIDAN. The ATTORNEY-GRNSKAL at the same tittic eXpreSSed llape that it I;light never h nece.stry for him to call on another,trial. The Morning Chronicle, in mentioning' this circumstance, says : _ 0. _ " The reason stated in the Dublin papers to. have been, given by the Arronitev Ustintl4,' for .post. posing the Trials . , is truly whimsical; viz. a stipPo sition that the Catholic Committee would be in. .fitteoced to desist from meeting, by the declaration of the Judges that such meetingS,,were contrary to Law, which amounts to neither more nor less than this, thit notwithstanding the acquittal' pronounced . I),T a Jury. . the individual accused was pniettiittiesa itilty ; for ihis must be the inference from what is ,alleged by the• Dublin Papers to have been stated by the ATTOANILV GENERAL." A. more extrztorditiary piece of logical acuteness pod legal., inform:l6(m hardly ever rrcollea • to have seen. This is the, very first time, ,we believe, that it was ever odiously stated thit the acquittal of person pot only, establishes his innocence, but proves that the faa for which he was accitscd, was, not legally a crime ! Upon this principle, the ac :quittal of Messrs. HARDY, Tootta, &c. in 1794, ,would have' e,tablished the proposition that High Wreason was no longer a crime. s July by their verdi4l cannot alter the Law ; their. province is to investigate the fads, and to determintrwhether they do or do not come within the Law, as laid down by the Court. The following observations, which we have ex traaed from a Dublin Paper, appear to us to set the whole ease in a proper light:-- " The , charge against Dr.'SIIRRIDAN, and ti4t: othar Gentlemen implicated will) him, was, that at a public and full meeting of the inhabitants of St. Mary's Parish, assembled in Liffey -street ,Chapel, on the 31 0. of July last, they eleatd _perm'? to represent that Palish in the General Catholic Committee, called by the Aggregate Meeting of Catholics, held in Fishatnble-street, on the gth of that month, Whether such representa-; t►ves were in faft No eleaed or not, was evidently a fait of public notoriety; in common convemation 'we have all heard it spoken of so frequently, that any person who should now ask in private corn. parry, whether such ele&ion had taken * place, could expel no tultr.r sower rhal smile at his ignorance. The persons concerned appear to be men of tair and hononrable charac ters, and the defence we have been accustomed •to hear of them, was not a denial Of: the tat**, bet so attempt to justify it. It bat been Constantly said, that wirat b,ri heed dope was striali;lawful brat the General Coaliltittee- was called, not under pretence of petitioning Virliarnent, forbidden by the Cu: vention Act, *Vie rea l Lind sole purpise of So and that; .ho that grou nd, the first names and! iiiiimteharieters in the c o ontry fad taken part in the'proceedingi Was en high, and road, 4io.,fiCiPatl4 01,Kr4liapf, sle- Tcrice, and fronftmuniffelle:tt TipoAto,psl#9l,to, Many a the indivi4tytis convened',ltpli; not to concur hi their exposition , 06446.444,4,.) 144 9110 W t hav,i6g 1 :11 4 04305. , 01 that __ -mow.. ~. r~~ w ~~~yYv the legality of their conduct. The opportunity soon presented itself; si x, Gentlemen were quired to give security to appear Wlten called on, time ohjeek being to get the opinions of the highest COUrt in Ore land capable of trying the question. TherCommission, which sat in October, was passed over, and they were bound to appear in the Court of King's Bench the first day of Term they attempted to challenge some of „the Grand t ruryi, this abated somewhat of our confidence in their opi nion of Justice of their case. The Grand could only fial the bills, that is, put „the: t question .in a shape for trial,,-which we should baye,supPo , ed to be an object as. sinLer,..ly wiihed for by:Outwits by the Governinrim. . • " The Court determined that there"wai eight of Challenge to Grand Jteors. The Grand Jury sVaithen sworn, .the bids , found, and 'the defend, ants required to plead. The , ch:11 - 0being thus preferred, it migitt.be expect I c(.l.lat such alibi], of the very first rank amongst their hrethrens 'as to Character and consideration, should have pressed for an iminediate trial ;. but, nn the contrary, they sought by ingenuity to ' ' avoid being tiled on those indiettnents; the law in this instance being alio decided against , them. At length the trial came on ; then at least all dexterity should have been abandoned, and in order to maintain the high tone they had' -. aSsorrierf, they should have baldly avowed the Gia before God and the:r country, .ansl calledou the Court and Jury to declareoliat_ they had done no wsong, or they should have been prepared with a host of witnesscs4o prove their innocence. Fir different was their cause. The witnesses for the prosecotion gave testimony as to Matters open as the day not _ true, it night hive ~,bf e ett disputed by ten thousand ptlrSuuti llot . was prochicedfor , the pur po,e. ; but as 'flit hackkeen a wranglu : betyeen parties eavillin4'4 faas,....al , ,lthe:powersol profes sional ingeduity eXha4Stell ' to crois:eoptriine the 'witnesses d against them, and indnce the Jury to (loath the 'troth of their- testititony. Linder 'such cireurrlstances, on the part of the "deti!ndatits, ' was produced. h parties having concluded, the Lord Chief Justice addieised 'the Fury ; he recapitulated the 66. - ts almost without an observation as to theirk'torce or bearing, probably conceiving that course to be the most constitutional, but he must 'have . thought that the awls sworn to, (if believed, of which, perhaps under 'all the circumstances he bad no doubt) were sufficient to sustain the in. dielment, for he immediately proceeded to deliver to the Jury his judicial interprctatlffit_tof the,:ao. He , told them that the policy of the laW was to forbid representative assemblies; not. because thaSe who coutposed them had evil .des;gr.s, but be cause welt assemblies were ~in their nature likely to lead to abuse, and mischief, and sedition ; that • in this view 'of the subjeit it was quite • indif ferent whether the avowed objec't of tbe Inerting was real or fi;;_titioiis; and that, accordingly, the Convention Ae - t . :and its provisions were quite independent ,of that. onsideration. That .al.- though the Act paid,'" under pr:tence of peti. tioning," yet this 'did not mean a false• pretence, but .a declared purpose, whether truly so di. elated or nos ; that all the pro Visions "in the AO were founded on that principle, that Peaceollicers i %vac commanded. to disperse every such wetting,' and were nut dia - etled to wait I , .ir that period:at which the null) or' falsehood' of their professions could' be useettaitied that ; eke:link D'Aedits ; fur such rneeting,'or even giving' notice of such Oft:. tion, was made a crime by the A%t , and like all: ..other' eritncs 001st .cor4l e t e an d su bi t ,e t to, punishment at the time of cOinniittitig it,. thhiighl it might require many moot hs after to astertaiii .whethet,the irete4a 4 for such nicetiug tvo false' ;he' , LeifiNttire, having forbidden all . typresentative assemblies tinder pietepcel, of pet tionitig or of 'altering .the Lttw„ had considered this prohibition as so general and''eatcrhive,' that they thought it necessary to mat art exception , for the Knights, Citizens, and Burgesses lityParlia.:, merit assembled ; and, finally, he declared.: it u> .'be the law, in which the other Jakes c;oricdrr el,` .that every representative meeting, , under pretence of.petitioning Parliament, or procuring an .alter ation of the Laws, whetherAuch pretence h e smut kt4latsti, : i . el'unlawfSit, end Prohibited bi the' an" vention Aitt. . 9 rlw Jury brought . in their voralei acqnittinel)O6lor ; and 'lest u should be supposed .that -they. had ventured to form an opinion violate . law_ daft rent frofn'that which had been duclared by the Court, the Foreman, ;at. giving in the.veriiiii,arnAttoced that it was tounderken (lie insuffictieney ot.tbaevidenee," 'rare informed, :from good :maturity, tilqt.not: . ilk.lizan 6;90 French invalids have been tont eI t;: r. to , FrAnce thib wt!ri k iby the l'rtittspntt . ftenrti; Atintler dttlerilaint the Attintratty, without e,xoitnitei many of who have figsio been tal:en in arms, win kit 160,1:Arnett Gavelniiit t have sent -over but invitfids s nie themumetioinght •t W • COURT OF, KING'S BENCII, Nov., tti. ;4 TIES 'KING V. KtitwAN ANI OTHERS. • The ATTOANEY-OENEIt AL mentioned tnemiatter in. Court this day and sl3oke to the following effett Although there has been a verdict of .aotititt tat in the ease of Dr. Sheridan, the Liw ,•or the case has been clearly, imettnivcieally, ancrunarTihrous ly declr'red by the Coot! ; and therefore I corisidar it stow as settled law that the Committee or—Coo vention proposed to be ciitikiened hy the resolutions of the Gentlemen, 9111 of July last ovoukt lie, if it should meet, an unlawful assembly--T.hai by;itivo, I . cannot suffer myself to, believe that, the . liftman Catholics of Irelaini will e e r vvere in the measure;; becabie I car lot sdier: myself tobeliere that it eror was, or is, their Meaning.to violate the la%s tlw L'oder' I his impres‘ k icin I feel th3t it woutlfl behard - ly oonvistent with the obja of "these proseCutiot:.i, which neve) .Was to l ,po4ecpie or to ptmislt the Audi vidgal, Out to prevent'a public mischief, to wool fol. the Trial ()flatly TiaVensers at prt4ent ;• and I will go farther, and say, that it is my confident .:'tpei'latiorr r asll..js my piiwere wish thai it may- ot be retid&feknecessary for rne at any time heteafteri to call for the. Trial of the oti).l- Traversers. I'he report of 'the stato of the KtNo yesterdag Wll4 O "1113( 1118 MAJESTY Co,ll . Mtlyi iu the same stab•; cats his tneals gradually, but gets very little rest,,• ' Yeiterday, about tlAtuive &dock, the Qusatv, Priucesses l4:4lzianilt 'and MA Qv, visited the PHINCE RBGENTi at altlarldg. The private'actount of his ltoyar . HighnessTyasterday Was, th at 114 wain very good healtli, but cook!, not put his injaied foot to the ground. . . The SPANN!' AMBACSAD9II , and 'Suite visited yes,e►d:►y.tlo Bank. His Excellency was accompa nied through the diffrrent 'offices by most of the Direaors. , Earl of P.EI.NiORi, Lord . MAncn, and Loid JoscE4yrr, sailed trom.O.iblin on To eslay last, 1.. r ,England, and are hoinlyexpetted in town. The IVTargnis 'of WoitcssTait left town :yester day to join his Regiment, which is statlon,:d at Bri g hton. ' The Earl of, MALMRSIWAY arrived yesterday in town from his seat, Parl,place: The Earl and Countess of SEFTON and Fatnily.are arrived at their 'house in Ailigirrtaa-strrei; from seat, Stoke Farm. Lord, SYDNfiltlift town yesterday for Ids.;seat, Frognall. 1 . he Right , Hon. Cu ttt 1,0pi6 leaves town t; , is day ioi his seat at Bromley Hill, Lard M 1.3.8i0u It N e left town yesterday for his at Brocket 11alh ' .titr. and 1.40 y CAFtout4r. LA',:; left town ye,ocr day, On a ,visit. tp, tlut Bad and Countess of Bitszo not!“11, ilt thoilLsttntrat RoehampiOn. Eirt:ltlaC4ohtess of JEA:SI3Y are expet3ed'the beqintiing nt next week in town, f:ont theti sant, Middleton Park, o . )tforclshirg.. „.,_, The Meeting IhjElt took .place at thapTreacnry Chlinlitrs, on Thnrsday, between. sorne , nf .. P....Ws Ministers and the Distillers, was adjanrned trout that day to yestemlay,,,*tich secondMeetioi took place; and continued for several hours-; -the result of , which, we undititand; . livasi' that the tillation from' Grain' is to be peirnirLicl, - until the stock On hand shall be exlivsted, the Distillers un dertaking that they will not' in the meantime, make any further purchitriet, t or' tninner wlialeverv - :matw 4tl addijiomfa. theii stock now ou hand, • • Yesterday a Court of . Direetors'4iiii h , erd at the East India flo;ise, when NVlA„tah,)4 PBTRIS, Esq. of the Madras.' EStablislttnent, c wa.sAppointed, Go vernor .- of Prince :Of Wales,Lland.,,.The Earl St. Vincent was stationed. for Madras:and Bengal; in stead of the Ceylon.--Captain -DUMBLETON was sworn -into the cormnand of site ship Larkins,' des tined to .St. laid Bengali; as watit'tapta . vt Ixslics liav (late , of the Sir Steptile ,,; 9iLushingittn) into the cotrunartri 'or the Astell, consigned : to 'Coast' and Bay, in the ~fOon't cif .Capfain.lloastap:/lAv, ..who is_..unable..ta_ ptaceed pre.satu-voyage,•hom the wounds he, rearivisti-outboard , that ship in ati engagement with two French frigates, and a Cot tqft.,, off the .Madagascar . , 'when in company With the COmpani's ships. Ceylon' and . • We understand, that on Wednesday last, Mr, et.tNit gave in his reiignatir, - i of the Otfice of Sur geon to. St. Tliotnisis . finspltal, as well as t.recturer iu Anatotiiy: It'„js„,probqble that his son will be appointed, to.imeceed him. • -441e.Fete-itt - rferbley House, Chelan.; theseat of Sir Jots FLII44II4I4I,KICESTkR O was 'only ._private baptism, wllicliAcOl‘:ploce on Monday last, as hi.. Royal Highness the t PaiN9a.RanKNT, together with Lord CiI9i,MONIAJMVY, stand Sponsors in per son to the infant heir, on Sir JOHN*I44IOI3STER corn . ing'to - town fbr the season. • We. are happy to learn that Sir STrrtfEtt CpT; TRIM!, the Master at the Ceremonies, having lately undergone . 114 operation of couchin, is in a fair W4Y. Pt fecovering. his sight, which was . almost eclipsed. • the estate of Clotherhohne, near Ripon, in the county of York, producing a rental of 5281. 7s. Per `annur4, was yesterday sold by • anaion, at Garra wavls Coffee-honse, Cornitili, for 526,4501. The destination of the gBth Regiment is changed; instead of II iltiox, North America, the Bermudas is Mentioned. Monday last, a numerous armed banditti,, broke into the house of PAtrick, M'Garry, of Ballymartin; near Fedatnore, in Ireland, a farmer, and stole there. out a musket, po*der.horn, and some bullets, fired repeated shots, and wounded Patrick Malone ' a la bourer, who slept the booms, which dreadfully shattered his nrm ; the unfortunate man wee con. veyed to the County Haspital;'hy the Right WO shiplul William Hunt, Esq. Mayor, before whom 'informatons have been lodged. - Mooday night last a horrid ratifier and *robbery was committed it Fowey, ou the .body of a Mr. Valentiou, a person of the Jewish persuasion; who had ii*Vhim, at khe tit e";tia#l,t, owes, Stc, to tko amotlnt of , - iris Purxqu'rll, Nov. t2t) —Arrived la+t evening Irjesty's. ship Gitraltur, of 14 guns, Captain , Pt AM P I N, froth the squadron in Basque Roads; and the sloop , Star, b. - longing to . S cill y , MAY, master, from 1 - 4 . 114), with a cargo of fruit for this port ; also Tfrelft'iterfellii,'Swaroi; and the Juirn and Sistlrs. 1-101110 N, from Sandetlatid; the Pol. VerriiCi, Rashleigh; from \\Cries. Sailed the entre cartel, bel o nging s to this pre, CAu Ctsavt,,htasteri from llorfaix, having on board Mr. Cuawsx,. ,or id rA.merici) Gentleman, ,wlto charged with dispatches for the American i\liniter in Paris: ; ' • - The Prihce Triples iyanipoit' belonging to port, is Until? e ip e dedinera': , it is said; th at a de tachment of t `regitherit of Foot IS to embark frOrnhehee of board her, fur Gibraltar. POP TS MOUTH , .N.Q v. W.).-.-Arrived t he Norili and Mariner from the DoWns. - ' az ` N r c h a is rde3vyielv‘t,isedß,ioly)ealitt-olyigalress the Dol,e of Co' . nianded by, Colonel Wonta.Eal-leigsideedni:edx)licig; pleased at their correatess, andexpreOed his a ankr probation4° Colonel WOOD of the -staadioesi precision ;with ‘vbial they went throosh the no' oeuvres. Sad the ?Manilla for tile Dow ' nq• treorDr,tsfE:AoLonu;tt..‘ll\:"eo'l:yestwarLi, with a whin eenoY ; a ' d the litn aiist - J sloop _of, war , with a eenvoY f r ' rt re gaited ia t ics is t. . s th P e °C C : o f 3 i 7st m' o t t i : 6 l :;. 'r 'l lic.e,--34 '''2.D°.:::9:1'71c,; B Cri et ay.te a ll'li .... 1.'1 . s.141114)11:411'nrill111.LE11.1Pir516713:411(1.)41;°1°11:''1":' DOVER Tl/4/ - . .. . • Arne Ili t )d. reptStb CHATHAM,he iaVY a creat deal 0 1 IQS" QjI 514 * spike marked neon; also some lo.gtvoad : Ole M i ' ter rart c) f the up per work i cif a sh;ri tidating betwcal •,, p , oti,ogne and Piepre. ... , . .. • ~ i - . - _.. , .. . - n;ver to Nov. 2,9.--Ciaie tip ,the . , refi c t a h t is T lVlejsty.'..s sloop Baleito C . o. Elooll,a. • ' d tie Gil on p_• _ ANCOCK, 110$ COrllllllololle 1 at this port. ' ' His Etc . ic , . . hto the Note. ' . Majesty's ship Ir arri or sail, from Lont • - 0 . . , t.... , • ' . l''''hin(111!1!1C;S9ii.; 111 ; 111:11:1:::::::::111:TII:j:; mouth, to be forward ed bi the liavatinph frigs ,Y.eitertiaY:iiieii;inee ' Regent,tst jedionall. I; 11. X ‘saptainlissitafs, was launched. at,blacio° to very condescending littersasisceivolji:oi CaP so ., L9°N!Plgi-ter,::ip Pie Note of tho Pat scs. AO ',, e o .,itios os; mentioning his Royal Highness's indisp o.aose.which prevented his presence on'the occaßsoti, "'I. ve ry s uperb , entertainment, ,g a:! by 5 1 c" ki.AM, the, ship-ogvner, concluded the doy. , . ‘ .. gmi: : tiOlinedla.,:,igtf:oitmig tlic doiai./Prd of. Me361.5' 1) . " on :: A liNl: f: a. i D g t n ar t : e ecP4 a tni r : r ) i rac v : e : d e w i n 7 4 1 . h g e u D n : h w i p r ' s °,7;i. gip, Ibo:e1:1:1;1Cw°1111)ll:; morning of the atst• Inst. n Dutch flilirOn' . ,' ships,. consist ing.of!nft4ejsliTolciei l • 'i-e—lTinhea,t:ttsl4': efit'i,g,:'ls3: and the schooners and gun.boats,. lyin, Of 1- 0,0 kills, expeded to be ordered to lititWerP 1 , ° , r ,,, o f K inter about the Bth of next month. Ihe 1 ' L ,',. 0 9 • battle ships lave from 6 to Hoo men, Flnswli't basin . is iro very ,good order. *At Antv.erp. (Igt,, sail of the, line are building. A frigate 0 0 4 ° are lying at Dunkirk. ~,, . i q 0- AI 1 The __ars_on, PEARSON, of Nviiiteussien, ,4 lost on Friday fortnight, a little t i ) the'SottlVoi ,of St. Bee's head, and all on board perished.. , e , The floods and high tides, which !hive liiteljt Pfd, vailed on the COW of Kincardineshire, in 5c9'14:10., have entirely destroyed a very volnablo', Sllr's°,lo ficliery, the property of IN'illiam Ably, f 4 q‘ ' ~ forced ea,rnerowl• that County, This extraordinarY °.',, currence is , owisg to the river North Esk PI: piissage to the ses, higher up 1 10 I st ancient 'Quiles, by_whla-the part of the rivet ne xt the s ea, on which the tiiiivry is situated, is laid . drYo'l The'pe.amen COslialii ted fey the Privy,Conliclf 1,0 a charge of ti is ius beet) found in. the service oilb, eneniy, on the capitol) of the isle of Vfatice, v'l tried at a Special Adnitrolty Ses,i:lrt. f i f e In the report of a cause which W:is hard in , Court of Chancery on the 14th of. lag Aug 9 :Y er-parte.l3nanarstD, in the matter of P4',c"4:e Jos L tt Fixo's,,Esci. a Lt3i)atic," socnelit '", public prints ti,,avoineurre6t Stotemcnts of what o', said by Sir SAMUEL , ftOMtGLt 64 10 jilt! eondo6t an charaett: tri . Mi. 13Etcbsilitt.P ; and as th6:l s„., ( ' t '* ° meats 'iiiettS injurious to the reputation of that LoL'ei tleroan, a 114orning .Paper of this day lia 1 6 eq:be 'to the C2l-e,itl quOtion;and very •1i644:111Y gi'„'eni, SObOSIOCC' Of what WO- OM V the Loan LIAL, cetLex on the occasiou;as.well as *bat SiOarifill'i nesitr,tv said la cuniktinance. of those:ince:le:o statements, and, from the declarations 0( both .. Lordship and the Learned Advocate, it APPei treci d in it disputably es-ilent that Mr.SCNJAFIat.r;# . C° ll i t) to rild4t4tod only 4.a g enie 0f duty, and a 'eV"' .„ the interests or the Geethamse whose unfortortst condition biota& 1 he' matter Into legill'di4ussiari "el a _. Bitossitsvat, it seems , _goes -to Edinbttrgh'OP"n -reg4Lar.,'erlgilernent at - the 'fbeatre, ancF 00.16 °P'', his Dude. ' ,