The National Register.
London, England, 1808-11-13 00:00:00

734

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feigned thanks, for the detection of the few hativerteociets he ha's
point. dour. This notice is merely for his momentary satisfaction, ;
Bodily indisposition,together with multifarirols avocationOife
stiotse deprived him of the partial correspondenct be solltita.
NAUTICAL INT L;LLIUENCE.
A literal Copy of a Letter from a ,%leantan an board illy 4filea,
relutivs to the action belseen that ship and Me banish gun-
boats, su honourable to our gallant Tees.
" Ills Majesty's ship Africa, off Copenhagan, Oct. 20, 1808.
4 " 11tr UE.4I: 'WAND,
" I offer sincere t hooks to Almighty God, for his infinite merry
preservingla my life this day, during a severe action with the
Danish gun-boats. We sailed from Corbelling, in Sweden,
about a week since, with a convoy under our protection •t• netir
200 MU of merchantmen, for Malmo. Our convoy got into the
wished-for port, all, I believe, except one taken, and three on
shore, which were burnt by our people, to prevent their falling
auto the bands of the Ihtnes.
The Africa kept betoeeu the convoy and die Danes, to',
cover and protect them. About one o'clock thisday it was quite
calm. We saw the Danish guu-boats rowing towards us, to the
number of 32 boats: perhaps you do not know, but for your in-
formation I tell you, when a large ship is becalmed, she is quite
untaanageable, * mere 101 on the water, which was our case.
The Danes with their oars took the opportunity to come on our
quarters and bows, where they knew we were weakest, and en-
deavoured to rake us. About half-past two o'clock they came
within gun-shot of us, and we opened a brisk tire on them, from
as many of our guns as we could bring to bear on them. They
cautioned advancing, and statioued themselves some on the quar-
ters, and some on the bows.
" These boats have, in a calm, ;ouch superiority over a ship
by means of their oars, they can pull round a ship to any three-
lion, and being•somll, comparatively only like a speck on the
water, they are no mark to aim at like a large ship. They
amounted, in all, as far as we can learn, to about 190 men, and
NS guns, 32's and .12's, with swivels. TO do them justice, they
.hewed much courage in coming near us, for our shot went far
over them. • ...
66 Their grape-shot could only be likened to showers of stones
•r dust thrown into the ship by shovels. The skrecn round m
was soon knocked away. entirely, by splinters. A caroidge of
powder, of 4tbs. which.l held up over oty head t o 'the man above
me, blew up, the lid of the cartridge-box being off, without
hurting me. except a slight stroke on the eye.
"At half-past eleven, those that remained of the enemy began
to pull away from us. lam informed by our people who were
no deck, they supposed the Danes suffered extremely by our
bre, as they saw several boats sink, and they were picking up
the people out of the water. Some had Hot mote than five men
left in skein. The darkness of the night finished the business.
" At the conclusion we find that we have eight men killed out-
right, and in wounded molly badly. The total is 61.
" Our colours were twice shot away. The enemy sop posing
we had struck, buzzard and pulled nearer; we huzzaed and
pelted away at them; they drew balk.
" Our boats are shot all to pieces, an arm-thest on the poop
blown to pieces by their shells; hut thank (iod we beat them off.
We suppose their loss in mei, must be three times greater than
our's, considering their numbers, and from w hat those on oar
decks saw. Those now in the ship, and who were in Lord Nel-
son's last action at Trafalgar, say, this surpassed it for hard
fighting."
FXTRACT FROM A LETTER DATED aESISTANCE, FALMOUTH,
NOV. 7.
" After a tedious and unpleasant voyage, we have arrived in
an English port. 11e quitted Lisbon the 21st September, with
Trompeuse sloop of war, and fifty-one sail of Transports, wish
the 2d division of the French Army on hoard; on the 24th, a
severe gale of wind commenced, which lasted with little inter-
mission, till the 2tith : of course the convoy was very much
dispersed, one trausport was totally dismasted, we assisted her
to rig jury masts, and sent her back to Lisbon.; some lost fore
Rod maim yards and top-masts, and were very much disabled.
After a deal of trouble, we succeeded in collecting 25 sail of
transports nut of the 51, and after experiencing foul winds and
bad o rather -near five weeks, we reached the coast of France,
near Rochelle; another gale commenced. and again dispersed'
the convoy ; one was lost on the Isle of [the, but fortunately
the crew were saved. The Resistance with difficulty beat oft"
Share, by setting every stitch of canvas she could carry. On the
faith ultimo, we's:nod into Basque looads, and came to anchor
Oifttochefle, and loaded the French (intro' LAND SOO liiitqp

•ntg NATIAI4AL IttGISTE!tS

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%sherd we had on board ; aftertueithbeatoniningaiir
toor five
seek
rit.,.'
'
weiveighed and steered for Q
to convoy, which we heard had pot
into diaerelit ports a
IPlan Plymouth; but
nth: us
w e til'esto wodil oP-for this
the french Coast; but got very little idtelligenc m.e OF the '
othuetu .t6etaiaclhleyogbuice.rutspi.o.oftuti
ntlittgor
placer and came In anchor rfti the 6th ivittnt,
•
LAW REPORT,
•
COURtKING'S OF BENCH, Nov. 1.
Monday being the first day of Michaelmas Term, the
oar Yd s t re
• "
Lord Chancellor and Judges came dawn. in the usual state.
Having entered the Hall in procession, they proceeded to
their respective Churls. • • •
WINtElt. V. MILES
This was a motion for a new trial. The PlaintitYlironglii
his action against the Defendant, the late Sheriff of Nlid-
dlesex, for a false return of nulls bona to a writ of exert].
tion, upon which the Defendant was to Have levied of the
goods of the Duke of Sussex. His Royal highness
apartments in Kensington Palace, where there was a sway
quantity of furniture, such as a clock, a bed waggon, an
old phaeton, and a little scrub policy, worth about to!,
These goods the Defendant had at first seized, but con-
' ceiving that the Palace at Kensington was privileged, he
returned that there were no goods of which to levy. The
cause was tried before Lord•Ellenhorough, and under his
direction the Jury found a verdict fur the Defendant, upon
the ground that Kensington was privileged as being a
Royal residence.
It appeared upon the trial, that a housekeeper was kept
at Kensington, and there were apartments for the Lord
Chamberlain. There was a throne there, a state bed, and
state apartments, and a guard, but the King had never
resided there. The inhabitants of the Palace had apart-
Ineuts,Were, merely by the licence of the King, and had
no, more interest in the place than servants have .in their
master's dwelling-house, or paupers in a poor-house.
The attorney'-General, Air. Darrow, and Mr. Comvn,
chewed cause against the rule for a new trial, which had
been obtained upon the ground, that the King never hav-
ng resided there, the place was no longer privileged.
They now contended, that the privilege of a Palace was
not on account of the King's residence, but that being a
Palace, and being so kept as a Palace, that the King
might come there when he pleased to reside, that it was
privileged front the process Of the Court of King's Bedell.
They remarked upon the circumstance of ,there being a
chaplain and a guard. And they observed, that it would
be very indecorous if his Malepity, in his sacred person,
were to enter the Palace at ono gate, and the cart of Hut
bailiff to go out at the other, with the goods of any of the
persons having apartments there. Or if, 'upon- sending
upholsterers in to put up furniture, their 'persona should
he arrested, and the furnishing of the King's apartments
delayed.
Mr. Serjeaftt Williams, Mr. Marrvat, and Sir. Barnwell,
argued on the other side, and by the former, many ancieut
authorities were cited, chiefly out of Lord Coke's 2d insti-
tute, who, he said, with the rest of the old lawyers, studied
the common law out of the ancient Original Records,
and, frOrn these authorities, he contended, thit although a
Royal Palace may continue to be privileged, notwithstand-
the occasional absence of the King, yet the pr(vilege being
in respect of his residence, and his present• most sacred
Majesty not having resided there once in a limg, reign of
48 vears, this was no more privileged as a Palace, than
the King's irOuse at Newmarket, which was called a Palace.
Mr. Marryaate.ated many of the argument.* with levity,
• and said, if a..chaplain appointed by the Crown would a.
to give a rivfltige to the Palace, there are now-two dozen
'of mesons at:Whitehall, which is -no longerpe i
v Lege •
and if bolding a Court, and dating a TiroClainatiou were
sufficient to privilege a place from arrest,Mr. house
%t Cutinells, from wtich'oue.of -the late Proclamations
if
I, dated, might become a sawetuary for insolvent debto:s.
The Court took time to deliver their opieion,