The Sun.
London, England, 1823-12-01 00:00:00

THE ROYAL NAVY.

PORTSMOUTH, SATURDAY, Nov.29.—OUMOn..
day his Majesty's brig Redpole, 10, Captain Anderson, arrived
at the Motherbank, from three years' service in the Mediterra-
nean, having been relieved by the Columbine, 18, Hon. Cap-
tain Abbott. She left Malta On the 18th, and Naples on the
29th October, Genoa.the 7th, and Gibraltar the 13th November.
The Rochefort, 00, with Vice-Admiral Sir Graham Moore's
flag, was at Malta, waiting to be relieved by the Revenge, 78,
Vice-Admiral Sir Harry Neale, G.C.8., from Lisbon. The
Columbine, was alsolying at Malta. The Cambrian, 4tl, Capt.
Hamilton, C. 8., had gone to Smyrna, to convoy down the fruit
ships for the season ; on her return, she would sail for Eng..
land, the execution of her services being to be transferred to the
Sybille, Captain S. J. Pullen. Lieut. Scott, of the Cambrian,
had been promoted
.to the rank of the Commander, and ap-
pointed to the Dispatch; Lieutenant Pearce, of the Rose, was
appointed First Lieutenant of the Cambrian; and Mr. It. Hay
had been promoted a Lieutenant of the Rose. The Redpole
left the Falcon brig at Gibraltar, waiting for a mail ; and she
passed two line of battle ships (supposed to be the Ganges and
Superb) on the I lth instant. She sailed on Thursday for Ply-
mouth, to be paid off:
Yesterday arrived the Snap surveying-vessel, Lieutenant
Bullock, from St. John's, Newfoundland, in twenty-one days,
leaving there the Sir Francis Drake, guard-ship, (Vice Admi-
ral and Governor Sir Charles Hamilton, Bart.) Ranger, 20,
Captain P. Fisher; Egeria, 28, Captain S. Roberts, C. 8.,
and the Pelter, 10, Lieut. Curry ; , the Clinker, Lieut. Eager,
had gone to Berine, to winter, and the Pandora, 18, Capt.
William Gordon, with a mail to Halifax, whence she was to
proceed to England. The Egeria is to winter at St. John's,
and the Pelter at Harbour Grace. We are gratified in hearing,
that the fishing-season (that principal source of wealth and
comfort to the inhabitants of Newfoundland), had been gene-
rally very good; the only deficiency was in the Seal Fishery;
which was not so abundant as in the two preceding seasons.
The weather had been unfavourable for drying the fish, and
consequently, there will be a larger proportion of wet fish
exported this season. The Snap spoke the Clyde, of Glasgow,
for Glasgow, in Lon. 30. 19. W., Lat. 47. 14. N. all well.
Letters received here from Jamaica, dated 13th of October,
state that the Hyperion frigate Capt. G. F. Rich, was so sickly,
that it was necessary to land her crew at the Capstan House, in
Port Royal, in order to fumigate the ship. It does not appear,
however, that any lives had been lost. The ship, on getting
ready for sea, was to go to Vera Cruz for specie.
The Forte, Sir Thos. Cochrane, and the Ringdove, Captain
Rich, captured on the 19th Sept., and sent into Surinam, the
French brig L'Eyre, of 298 tons, with 350 slaves on board,
from the coast of Africa.

On Monday last the Itrussar frigate, Capt. George Harris,
C.U. arrived from Plymouth, bringing the Hon. Admiral Sir
Alexander Inglis Cochrane, 0.C.8. Commander-in-Chief at
Plymouth; his Secretary, J. Edyel Esq. Capt. T. Dundee, of
the Bulwark, and several other witnesses required on Captain
Harris's Court-Martial.

On Thursday the Antelope, Lieut. Hire, fitted for a convict
depot, arrived from Chatham ; and the Dutch brig of war,
Courier, Capt. Lucas, from Flushing, bound to the Mediterra-
nean. The Antelope will sail for Bermuda when the wind is
fair, with 300 convicts to be employed in the new naval works
carrying on there. Six officers and 100 privates of the Royal
Marines are emblirlced in her for that duty.
On Thursday the Victor, 18, Capt. Pnekett, sailed for Ply-
mouth and the coast of Africa.—Lieutenant-Colonel Nicolls,
Governor of Ascension, Lieutenant Campbell, it. M., and 16
privates, for that island, are gone out in her, to relieve the
garrison.
Remain at Spithead—Hussar, Glasgow, Jasper, Antelope,
Calliope, Snap, and the Dutch brig Courier.
Captain Lucius Hardyman is appointed to the Ocean, 80,
guardahip at'Plyrnontli ; Captain Win. Elliott, C. 11., to the
Lively, fitting at Chatham Mr the West Indies : Capt. Chads,
to the Arachne, lining at this port fur Foreign Service ; Lieut.
Edward Jennings, to the Plover, and Lieut. James Crosshy,
to the. Cygnet, biting at this port for the Packet Service i Limit,
J. CI. tioodinir,' to thtt'Altren, vice Crosby; Lieutenants Ben-
nett and Keele, Mr. Alex. Whyte, Surgom, (late of the
Ganges) and Mr, Grills, Purser, to the Aracline ; Lieut. Cock
and Mr. E. Johnston, Surgeon, to the Lively; Lieut. John
Church, to the Phaeton, ve Cock ; Lieut. Charles Fraser, late
in command of the Mermaid cutter, and Lieut. W. P. Hamil-
ton, late first Lieutenant of the Topaze, are promoted to the
rank of Commander.'_ _

The Tweed, 20, at this port, HI to be fitted for Commission
and the Channel Service. _

Naval preparations continue in our arsenals, and more espe-
cially of our largest ships. The St. Vincent, of 120 guns, is
fitting at this port with extraordinary haste ; a great many
shipwrights are empl.lrecl upon her, and it is expected she will
carry a tiag.—(Plvmuuth Journal. )

COURT MARTIAL ON CAPT, HARRIS.
PORTSMOUTH Nov. 29.—Yesterday the Court Martial on
Capt. OxoltoE IlAnnts, C.B. of his Majesty's frigate Hus-
sar, commenced on board the Queen Charlotte, in this harbour,
on charges reproduced against him by the Lords of the Ad-
miralty, for delay, in not equipping his ship for the reception
of, and sailing with, his Excellency Sir EDWARD THORNTON,
K.C.8., appointed Ambassador at the Court of Lisbon.
The JUDGE ADVOCATE having opened the Court, it was
intimated as the wish of the President and Members that no
detail of the proceedings of the Court should be made public
through the Public Papers, until sentence had been pronounced.
We feel ourselves, therefore, only at liberty to state, that the
Court were occupied the whole of the day in examining the
Hon. Sir A. Cochrane, and the Signal-man of the Flag-ship at
Plymouth, when the Prosecution closed.. In the course of the
examination of the gallant and venerable Admiral, Captain
Harris called upon him to produce the official letter from the
Lords of time Admiralty, which contained the censure under
which he (Captain Harris) conceived himself to be now impro.
perly suffering. Sir Alexander, on producing the letter, addres-
sed the Court at considerable length, and with evident wound-
ed feelings, stating, that the letter called for, contained
more reprimands than one and he conceived and, had hoped
his rank and the long services he had rendered his King and
Country would have shielded him from any thing like censure
for want of zeal in that service to which he had ever been de-
voted ; but, as the Lords of the Admiralty had thought him
blameable, and had so expressed themselves, his sense of hi).
nour and what was due to his character would not permit him
not to demand an opportunity of vindicating his conduct, and
he had, therefore, immediately requested that a Court Martial
might be held on him. The Lords of the Admiralty had re-
fused to comply with his request, but the publicity which this
day's proceedings would give the document, would induce him
again to urge his request upon their Lordships.
The prosecution having been closed, 8 letter from the Right
Hon. George Canning was read, in which he stated the incon-
venience that would aese to liimeelf, and die probable injury to
the public service, if he should be obliged to attend the Court
personally, as an evidence on Captain Harris's defence, and
accompanying his letter with an attested copy of his former evi-
dence, to be entered on the minutes. Captain Harris expressed
his readitiess to admit this document ; but the Court thought
fit to deliberate upon the proposition, and, after an hour's con.
imitation, they declared that such evidence was inadmissable,
and that the Right Hon. Gentleman must be present to be ex-
amined by the Court.
SECOND DAY.—.This morning, at half.past ten o'clock,
Captain Hares entered upon hie defence, previous to which
Admiral Sir A. Cochrane put a paper into Court, containing
the Addretis he yesterday verbally deliVered to the Court,
Which was read, and entered upon the minutes.—Captain
Harris was full an hour reading his defence, which gave a
clear and manly account of his proceedings, from the period
of his departure from Portsmouth to Plymouth, to take
on hoard Sir Edward Thorton and suite, until his
landing at Lisbon. Comtuissioner Shield, of Plymouth
Dock-yard, proved the repairs and fitments done to the
Moser, and the zeal Captain Harris manifested during their
progress to get his ship re/elk—Joseph Whitby,. Esq. In-
vector of the Plymouth Breakwater, proved that every fa-
cility had been afforded,' and expedition used, in embarking
Sir Edward Thornton. ,J. W.' Grolier, Esq. Secretary of
the Admiralty, was the last witness examined. hits evidence
went to show, that the Admiralty Board hail been actuated
it their proceedings by a sense, of duty, to evince to the Go-
vernment that every exertion hail been made by their depart-
ment to beaten the departore of the Ambassador;
,informatian
of whose delay had reached the Admiralty, with a surmise that
it was owing to the ship not being ready. Mr. C. read a letter
from Sir E. Thornton, taking upon himself all the blame of
not having sailed from Plymouth earlier. The Courtadjourried
at half-past five until Monday morning, when the Right Hon,
G. Canning, W. Turner, Ri. of the Embassy at Liebon, and
Captain T. Dundas, of the Bulwark, will be examined. The
proceedings are expected to be closed on that day.

LAW INTELLIGENCE.

COURT OF KING'S BENCH., Nov. 19.
The Loan CHIEF JUSTICE Sat at Nigi Prizes, and tried
several common jury causes, which were entirely destitute of
interest.

COURT OF COMMON ,rLEAS,'Nov. 29.
NISI PRIUg.
Three hours this morning have been occupied on an alleged
assault by one Irishman, a dealer in milk, on another, a pub-
lican. The Jury found for the defendant.

HIGH COURT OF DELEGATES, Nov. 29.
[Before Mr. Barron Gannow, Mr. Justice BEST, and others,
the Judges Delegates.]
LIABILITY OF PERSONAL PROPERTY. TO BE
• ASSESSED TO CHURCH RATES.
MILLED. V. BLOOMFIELD AND SLADE.
This cause, which was of considerable importance, involving
as It did the question of the liability of personal property to be
assessed to the repairs of churches, came before the Delegates
on an appeal from the judgment of the Official of the peculiar
and exempt jurisdiction of Great Canford and Poole, in the
county of Dorset.
The case was originally instituted in that Court by the
Churchwardens of the parish of St. James, in the town and
county of the 'town of Poole, (Messrs. Bloomfield and Slade,)
against Richard Miller, a parishioner and inhabitant of that
parish, for the recovery of a church rate, under the following
circumstances :

On the 21st December, 1821, a Vestry was held in St. James's
parish, pursuant to a public notice, at which it was resolved
that a church rate of 3s. in the pound should be assessed on
the inhabitants and occupiers, which rate was ordered to be
made " agreeably to the then existing poor's rate, and accord-
ing to the usual mode of making the church rate in the said
parish." In conformity to that resolution, Mr. Miller was as
sessed as follows : viz.—
For a Tenement .
Malthouse Brewhouse, &c.
Stock in Trade

-3 6 0
6 00
-4 1 0

Total - £l3 7 0
To that assessment Mr. Miller objected, on the ground that
stock in trade was not liable to the payment of church rives.
The allegation, stating the facts above-mentioned, being ad.
milted to proof by the Judge of the Court below, decided,, in
effect, that stock in trade was liable ; and against that decision
Mr. Miller appealed to this Court; and on the 19th of June,
1823, the appeal came on to be heard before the whole Com-
mission of Delegates in Serjeant's Inn, when
Dr. SWABEY, counsel for the appellant, contended that, by
the general rule of law, the repairs of the church were payable
by the inhabitants in respect of their real estateoind that per.
sonal property was no way liable thereto; but lands and tene-
ments only were liable to be rated, and that the equality of this
mode of rating was a strong argument in its favour; and he
cited Lindwood, and the Resolutions of Thirteen Civilians in
Godolphin's Repertorium, the first article of which is, " Every
inhabitant dwelling within the parish is to be charged accord-
ing to his ability, whether in land or living within the same
parish, or for his goods there ; that is to say, for the best of
them, but not for both." The Learned Counsel, however, did
not contend that these Resolutions were made by authority,
but that they, were derived from the law of some of the Roman
provinces. 11e challenged the Counsel on the other side to
state any case in support of the present rate, and concluded
that it was manifestly against the law of the land.
Dr. LUSIIINGTON and Mr. TI DAL further contended that
the respondents, in order to maintain the present rate, should
have pleaded a special custom, considering the present case an
exception to the general law of the land, and that not having
so }leaded it, the rate must be quashed.
Dr. Psi ILLIMORE, on the part of the respondents, maintained
that it was not necessary to rely on a special custom to support
the right, conceiving the general rule of law to be in favour of
it, that personal property was clearly, liable to repairs of the
church, as well as real property. The Learned Counsel took
an enlarged view of the principles, as laid down in the earliest
Canons and writers to the present time. He particularly, relied
on the Canon of the year 1018, from " Lanabard's I!:ighp,
Laws of King Canute," which says " ad refectionem ecelesits
debet onmis populus secundum le em subvenire ;" and the
" Provincial Constitution of Archbishop Grey," in 1250, which
expressly states, " that the inhabitants are to pay for the re-
pairs of the ornaments, according to their condition. " The
same law is found in Lindwood's Constitution, book 3, title
28. Sir Simon Degge (page 82) says, " the repairs
shall be at the charge of the parishioners anti land-
holder:4," which chews other persons were liable to
the repairs be +ides landholders. 'With respect to the Resolu-
tions of the 13 Civilians' lie contended they were of no autho-
rity ; but if they were, their 6th: article was in support of the
present rate, for it says, "he is to be taxed according to his
wealth." He further insisted upon the analpgy of the princi.
plea upon which the Courts of Law have proceeded in making
personal property liable to the poor rates • contending that the
word " ability' in the Statute of Elizabeth for maintaining
the poor was not .stronger than the language of all the autho.
rides, both civil and common law, upon the subject of main-
taining the church. The case of the King v. White (4 Term
Reports, 771), which arose in the town of Poole, settled the
question as to the liability of personal property to the poor
rates ; and he contended, that the arguments in that case ap-
plied with equal force to church rates. The convenience of
the rule in support of the rate was evident, as it prevented a
double assessment, the value of the property being in this case
taken from the poor-rate books. Upon the whole, he contend.
ed the law was clearly in favour of the present rate.
Dr. JESSE ADAMS, in a very, elaborate and ingeious argu-
ment, contended, that the authorities in " Ougliton's Ordo
Judiciorum," imp. 827, 365, 350, and 348, fully justified the
mode of pleading this rate; and the precedents there cited
being for the recovery of church rates assessed on personal as
well as real property, were authorities in support of the law
now contended for. One of the precedents was for a rate for
repairs and ornaments of a church, in these words : " Juxta et
pro rata bonorum et terranun, et facultatum suarum lad die-
tam parochiam," He further maintained, that the whole reve-
nues of the church,excepting tydies,were originally derived from
personal property alone (Bacon,p. 22), but that in more modern
times the repairs of the fabric of the church became a charge
also on the land. Dr. Wood, in his Institutes, p. 154, (front
Coke's Inst. 489, and 2 Mod. 222), says " the personal estates
of the inhabitants are chargeable for every thing that cannot be
rerred to the fabric of the church, or the repairs of the church.
yard, or other matters which concern freehold." He further
cited John of Athon, and Lindwood, as the most ancient and
best of the English canonists. The words of the latter of them,
as taken out of the former, are, " Unusquisque parochianus
tenetur ad reparationeni ecclesise juxta portionem terra, quam
possidet infra parochiam et secundum numerum animalium qua,
tenet et untrit ibidem." And also the Constitution of Arch-
bishop Stratford, 1342, ordains that parishioners shall pay for
the repairs and ornaments of the church, according to the quan-
tity of their possessions and revenues, in these words , " Con-
sideratis possessionem et redituum injusmodi quantitatibus con-
tribuere teneantur." The Learned Counsel also read passages
from the common law writers, Gibson, Watson, and Diegge,
and cited some modern determinations in this Court, not
immediately deciding upon the point in question, but which
where suits in the recovery of church rates, assessedi on per.
Ilona' as well as real property, but in which no objection had
been taken as to the liability of the personal property to be
rated, viz. Freggelton v. Hubbald, in 1669, Williams and
Smith v. Ash, Cuthbert v. Simmonds, Woodward v. Make-
peace and Ladbrooke, reported in 1 salkeld, 184 ; the Church-
wardens of Louth, in Lincolnshire, v. Atkins, and the Church..
wardens of Boston v. NVebly die two last cases being from
trewz-lud
trading towns, were insisted upon as directly in point. The
uningoft
to the
dldawres asn tdile practiceeour to onf th maste same
moef
Learned Counsel contended that these cases were conclusive
upon the point in question, anti that a determination to the con-
the trading and commercial towns in the kingdom.
Air.
NbeToanx was unsettling
about
side, but the Court intimated, that the arguments and the
cas
cited by Dr. Phillimorc and Dr. Jesse. Adams were strop
on the that they would wish to hear what the Counsel sosix°
si 'd-
other e
could say, in reply to them, as their opinions at
present were in
favour of the course he (Mr. Taunton) would wish them to
adopt. Whereupon—.
Dr. SWABEY merely stated, that in those eases the • point now
at issue not having been immediately before the Court,
they
were not strictly authorities, and that they were not late deter-
nsinations. Ile also cited a maimsc
ript note of u case to the
contrary.
The Judges then took time to deliberate, after which the
Register read the order of the Court, that the decree of the
Court below be affirmed;" pronouncing
Mr. Miller, and consequently finding against the appeal of
valid. y the rate on stock m trade
Subsequently to the proceedings above detailed was given in on the part of Mr. i an allegation
ob-
jection to time rate assessed upon him,er' propounding, in
rate was not made (according to the thatthe
said
church
the vestry) agreeably to the then terms of time resolution of
parish, for that the _ ien present poor-rate for the said parishioners and
parish, who are the owners and the inhabitante of the said
then of 24 tons register each andproprietors of ships of the
asses-
sedbur-
for the same to the poo ' upwards, are rated and be rated and assessed for thr s rate, and are wholly omitted to
said parish ;" " that the Ina same to the church-rate for the
he said parish has not been unif
eof 1.:.
11111.414 the church-rate within
ant times ;" ships, stock • orm, but has varied at differ-
funds or otherwise at interm tred!, and money in the public
CU,
other times not rated thereto being sometimes rated, and at
; and thst several persons dwell.

icaghnwreihthriantet,hane laidd
sspesarisethi ,efa:tnethke
ttnimteraodfe nt
making
therein, werethe lid
rated and assessed either to the poor's rate or to the sal
church rate fur the same, and that others were altogether onut.
ted to be rated and assessed to either of the said rates. An'
nexed to this allegation were two exhibits, containing, Ist'
list of owners of vessels who were assessed to the poor
but not to the church rate, in respect of those vessels ; and, 24_,
a list of persons possessed as stock in trade, who who were net
rated either to the poor's rate or to the church rate. The our
having been assigned fur information on the admission of
above-mentioned allegation and exhibition, came on to beliean!
rd
this day, when
Dr. SWABEY, shortly referring_to the former proceedtng!
and pleadings, prayed the Judges Delegates to admit the sao
allegations and exhibits to proof.
Dr. Pm LLIKORE Was proceeding to argue against the admix'
lion,
when
r. Justice BEST said, there was one Point which 'fili•cig,,
him, which he thought the Learned Counsel- would find it thi
ficult to get over. Before Lord • Ellenborouge's time,, on an
appeal against either a poor's rate or a church tate, if it tints
shown that any property liable to the rate had beenomitt
be assessed, the rate was at once quashed and a new rate arr,,
dered to be made. The law, however, respecting the tt.,,
rate had since then been altered, and when any person ant
ed to a rate on account of property that was liable having u.'"
omitted, he was required to give notice of his intention to
peal on that ground not only to the churchwardens, but to tn.:
parties holding the property which had been omitted in the as'
sessment ; and to bring his appeal before the Quarter Sessienl
which bad the power to amend the rate. But the law resPec
ing church rate remained untouched, and stood exactly as tt
omited to be rated, it seemed to him that the only
did before ; if, therefore, any property. that was liable had been
be, to send them back again to make the rate in a props
manner. , hel
Dr. Pau.u'scoaE said, that although the terms of fileir
were, that the rate should be made agreeably to the then,, Lee;
sent poor rate, they were not bound by those terms to
in every particular the assessment to the poor rate, but met
were to follow the scale of assessment which had been aderea
in the books of the poor's rate, and to make the church rate
according to the usual mode of making the church
within the palish. The allegation itself went on to shear, that
shivping had not always been rated. bet.
Air. Justice BEST..--Don't you think it would be much, e
ter and less expensive to all parties, instead of fighting "as-
points on the pleadings, if you were to go back and make
honest and proper rate ? ‘Ve have already decided, that,,per-
sonal proper!), is liable to this rate; if, therefore, any Por" ' •
of that description has been admitted, it is much the better 1
to go and make a new rate, including fairly and billiards*
the property that is liable."
It was then agreed, after some consultation between the Pg.!:
ties and Counsel on both sides, that the allegation and eslbi"
should be admitted, striking out some passages in the forultij.
which seemed to imply a doubt whether stock in trade
course wou.,
ships were liable to the rate ; thus, in effect, deciding that eve''
species of personal property within the parish is liable ,„,
r.
the repairs and ornaments of the church, as well as to '
poor's rate.