The Sun.
London, England, 1812-02-27 00:00:00

.EAST INDIA HOUSE,

Feb. 26, iSiz.
THE COURT of DIRECTORS of the UMTED
1 COMPANY of 114ERCHANDi of EI%'GL AND Trad.
I/1g to the East Indies, do tereby give Notice,
That at the Quarterly General Court of the said Con:patty.
appointed to be held on Wednesday, the 25tk of March next, th•
UP:animus Resolution of the Court of Ditehors of this day

.ehery Ike)' state, '
That the Conimaner, Officers, and Owners, of the ship
Ceylon, are fully acquitted of all imputation of Neglea or
Misconduct in respect to the Capture of the said Ship, will

be reported to the General Court, agreeably to the Mt of
the 39th of his present Majesty Ch 89,
Wlll.4lAllt RAMSAY, Sec.

ment.

JUDGE DOWIVES'S CHARGE.

(Continued from our Paper of Thursday.)

• The provisions of the Ad for preventing the
existence of such assemblies, for punishing the mere
giving notice of an EleEtion (of a nature contrary to
the Act) to be held, the provisions fcr punishing
those who shall vote, or ad, in such eleEtion of re-
presentatives, the provision enabling Magistrates to
disperse such assemblies if aaually formed ; none
of these provisions of the Act, (and these provisions
comprize all the remedies the Aa gives to the pub-
lic) could be executed, if the officers of the law
must wait until it shall be ascertained by ihe con-
duct of the assembly so eleaed, whether, in
reality, there be an intent to petition or not ; that
is, whether the pretence of petition be true orsfalse ;
the truth or falsehood of the pretence could wit be
ascertained, until either the assembly had actually
petitioned.; or dissolved themselves without petition-
ing. The, justification of the Magistrate or Officers
of the Law must depend, not. on their own ads, and
the circumstances-then existing, but must depend
on the subsequent condua of others, so also must the
guilt of persons accused of thing at such eleCtion.
And the mischief and danger, so clearlypointect out
by the preamble of the statutes as the objed of the
act to prevent, would remain without remedy; mis-
chiefs equally possible and practicable, whether such
an assembly should or should not petition, or in-
tend to petition ; mischiefs not stated by the adt,
"as in their own natwe inevitably, and of necessity,
flowing from such an assembly, .hut equally possiule,
and equally likely to happen, whether the pretetice
of petition, bt3 true or false.
In my apprehensiony therefore, the argument,
which requires that such an assembly should meet•
under a " false pretence," in order to bring them
within the operation of this Statute, has not the
slightest weight, but goes if subMitted to, to make
the At inoperative.

The tine meaning of the Statute is, that if they
are representatives, (for representation of others
is essential to bring such an assembly within the
Statute, and must be proved to the •satisliittion of
the Jury) and if they assemble with a view to pro-
cute an alteration of matters established by law, in
Church or State, (another essential circumstance to
constitute the offence) even though that effeti was
held forth to the world, as designed to be procured
by a petition, and really was so intended, or by what-
ever other means !Inch effed might be intended to
be produced, such an assembly falls within the de-

scriptiou of the Aa.
_ Gentlemen, that this Act was intended to be
most comprehensive in its application to representa-
tive assemblies, in my mind, appears powerfully,
from the saving which has been adverted to, where
it declares assemblies to be unlawful, it saves and

excepts the Knights, Citizens, and Burges
to serve in Parliament, and the houses of convu•
cation, duly sunarnoned by the ,King's .wii, the

words whic-h.the Aet hns.uied to embrace tepresen,

tative• assemblies, meeting for the purpos:. of pro-

curing lalterntions of matters establishe bylaw,
are so large, that although it could not beconceived
that the Parliimentintended to put down the House
of Commons, or the Houses of Convocation, yet

the words are large enough to embrace then, being

representative assemblies, and having the power of
procuring alterations in Church and State; and they,
are excepted out of the enaament, which one would
thick the subjeat itself would nOt render necess3ry';

but it chews the vast extent of the words, which

have been used, w hen Pat hament thought fit to sa,a,

front their operation, the House of Corntnons, and

the Houses 61 Convocation.

Another objection has beep made, founded up-
on the proviso, at the ,end of the Aa, saving a
right of Petition., that it must save the right of pe.
titioning though exercised by the representative
assemblies. •

Gentlemen, the a&, certainly, has a proviso that
any thing therein contained shall not be construed

in any manner to present, or impede the undonht-
ed right of his Majesty's subjee:is, to petitioa
his Majesty, or both or either Rouses of Portia-

Now, Gentlemen, if I were to push that excep-
tion so far as to say, that the subject may petition,
even in a mode or manner which the at his pro-
vided against, I should make it so inconsistent that
that whole ad would become inoperative. It is
our duty so to construe ads of Parliament as to
give -effeet to every word, if we can, and An doing
so, with resped to thin particular act, it is Minos-
sibie to hold, that it saves the right of petitioning, -
in a niode contrary to the provisions of the pet,
or otherwise, than as the ad left that right unw
touched,. just as the ad in England, which pro-
hibits the approaching the,King, or the Parliament,
in a greater number, than is expressly limited, it
saves the right .of petitioning, not by numbers, to
any amount, for then the act would do nothing, bvit
as here, it leaves the right of petitioning as it Was
before, but prevents its being presented, in the
one case, by an excessive number, and in the
'Other being prepared or presented, by a Representa-
tive Assembly--,and it would ,be monstrous so to
construe an ad, assto allow the proviso to counter- _
vail the whole of the. enacting clauses, which it
.would, it it received the eitensive construction
which has been contended foOrere. It may have
been the intention of Parliament, (and probably
was) out of great. caution to shew the public,_ ttvit
the substantial, real right of .petitioning; was not
. .

intended to be etreeled—the enactment prOlii!)lts
on mode of petitioning, and the proviso 233'1/CS alt

others.

It is also contended, that no representative as-
sembly can fall within the ad, it ii be for one single
object, that of Petition. It is contended that tho
character of the Assembly, declared to be an
of-
fence, must be taken to be—that of representation
generally, or for numerous objects, but not of dele=
gation for one particular ad, and that such being
the objeEt here alluded to, it does not tall" within
the penalties of this statute.
On a former occasion 'we thought this argument
had no solid weight in it, and that it was suffic:e :tip
answered, when it was shewn that, the Assemoiy,
winch is the object of the statute, must be a repre-
sentative Assembly ;—that where the assembly,wA
representative, and met with the view, and for ;tie
,object mentioned in the statute, it fell within the
scope of this ad, even although the sole means of
that assembly was a petition—a single ad, where
the object of the assembly was to procure an altera-
tion of matters established by law, in Church and
State—although the means, by which it was to be
procured were confined to one single act—that cif
petition. The argument, in support of the objec-
tion, assumes that there cannot be a representation
for one singld act. But the ad goes upon no such
supposition ; the offence in the Assembly is re-
presentation, or assuming to represent the people, or
any number or description of them, under pre-
tence of procuring by Petition, or otherwise,
an alteraticin of matters established by Law, in
Church or State, and that under whatever names
the persons assembled, may give themselves whe-
ther Delegates, Representatives, or any otne..- des-
cription."

There is nothing in the as that requires thai
this representation to make it criminal should be
-general ; that • none should fall within the descrip-
tion of representative, unless they iltssurne all the
po-was of a Parliament, or have in expless terms
many objeas, or a great numbe of means for effect-
ing one objed, confined to them.
To fall within the At, the Assembly must be, or
assume to be, representative—the'Members of a re-
presentative Assembly, are representatives, undo'
whatever designation they may be called.
The charaaer of the ,Assembly nr of its -Memb-,s,
is not made to depend on the number of its obj,c,is,
on the generality or particularity of •the trust re-
posed in them ; but on the original constitution of
the Assembly, if it be elected, or appointed to re-
present any portion -of the people, and has for its
object the procuring such alteration of the laws, as
the Act mentions,• though it holds out to the ‘Aorld,
and that truly, no other means or intent of effe.-ting
that object, but a petition ; it is a'represcm a:ive
sembly, and its members are representatives, «i; h,
in the meaning of the Ad ; and -with respea
the distinction taken between delegates and repre.-
sentatiVes, the Act seems tb use these tt-rnis ,4*
synonimous—it is immaterial by what names they
shall designate themselves, if in faa they are to act
as representatives in a representative Assembly, they
fall within the Act, and may be described as repm-
SentativeS.
But if more loban one object were necessary- to

f,•m the character of a repre3entative Assembly,
ender'this ACt, a witness, stating the resolution in
tley-street, sta,es one of i nese to have been to
elect five persons to represent the Roman Catholic
Inhabitants of Mary's Parish, to present their Pe-
tition, and to transact the other business of the
Raman Catholics of that Parish at the General
Committee.

To suppose that this must be a general repre-
sentdtion—that the assembly should represent all
individuals—for all possible pu poses, would be
suppoiing what the Act of Parliament never could
have in contemplation at all. Supposing that it
Should be an assembly assuming the power of the
State !—Such an assembly wanted- no particular
enactment to put it down ; nor was this Act neces-
sary, to declare its illegality—no man could doubt its
illegality.
Gentlemen, I have thus thought it right to
state the general grounds of our opinion, that
such an Assembly, as I have alluded to, falls
within the meaning of this Act of Parliament, so
far as the objections made-to our construction of
the Act, have on this occasion been argued on.—
But sailer me to say—at the same tine-, with great
respect—that I do not throw out these observa-
tions to you, with a view of asking your opinion
upon any one of them—but in answer to the argu-
ments, whir h have been used at the Bar, upon the
law of the case, aid that the public mind may be
satisfied, that this Court retains the opinion which
it did, upon a former occasion, with regard to the
law—certainly not calling upon the July to decide
what the law is—but trusting that, in exercising
their duty, they will consider themselves as acting
under el obligation, ask e do,- in the discharge
of ours. We are to give our opinion upon the law,
and you are to decide upon the tads according to
the evidence, if you believe it, applying the law as
declared to you to these fads. That an assembly,
collected early in July, direded a General Commit-
tee of the Catholics to be formed—if you believe
the evidence, and have no rational doubt upon it—
and that the meeting in Liffey-street, on the 3 ist of
Ji.q,was in consequence of that previous meeting,
and to carry the resolutions of it into effed, and that
the Traverser acted in such latter assembly, as the
witnesses for the prosecution have mentioned, in
voting and Ming in the eleation of a person to be a
representative in that General Committee, so dired-
ed to tee resolutions of the 9th of July, and that
that General Committee had for its object an altera-
Mon of matters es,ablishcd by law in Church and
State, even although you should be of opinion that
the mode of etTeding that alteration, was to be by
Petition, in our opinion, the case is proved against
the Traverser.

W!,ether you shall believe the witnesses or not,
I have already told you is matter been you and your
con,,ciences. We have stated to you the law, as
applicable to the case, if you believe the witnesses;
if von do not, you on :;ht to acquit.
Gentlemen, you have heard from both sides of a
former Verdit`. With regaid to that; and all other
cast s where verdicts are canvassed, I have always
rntertaine the highest possible respect for the ver-
dict of a Jury—l always believe their verdict to be
ku,nest—and I firmly believe, the verdict alluded to
was an honest verdict, founded in the conviction of
the Jury. But, Gentlemen, it frequently happens
th;s Court, and in the other Courts of this Hall,
that after a verdict has been found, a new trial has
been directed in the same cause, and in such
case the verdict so found is by no means conclusive
upuu the subsequent Jury i—lor if it were, it
wOu'd, in truth, be in vain to send a case to a se-
cond trial.

Gentlemen, you are told that the verdiel alluded
to, was found upon:the testimony of the same wit-
nesses. The observation is well founded as to the
identity of the witnesses. You will consider whe-
ther they have accounted for their testimony being
in some respects, more full than it appears to have
been before. It is not for me to say whether the
former verdia was right or wrong ; it is not for us
to say bow the tact is. It is for you to ad upon your
own judgment, and Ceenle in this case according to
your own consciences, and not by the former verdict,
unless your own conviction is the same as that of
the former Jury.
Gentlemen, there is one matter more, and only
one, which I think necessary to submit to your at-
teotton—that, in case you should believe the evi-
dence (upon which supposition I have stated what
the law is—end upon the contrary supposition, have
told you that you should acquit) it will then be ne-
cessary to have some information from you, and
winch you alone can gi-ve—that is—to tell•us, whe-
ther-the election which took place in Liffey-street,
was tonfin:qi to the representatives of the Roman
Caiholic inhabitants, residing within the bounds of
the city, strictly so called, or was intended to be ex-
tended to represent the Roman Catholic inhabitants
wholt: Roman Catholic parish of St. Mary's,
which extends into the county : this information we
require for a question of future discussion ; ‘to call
tor your oeittion as to the fact.
Gentlemen, with regard to the evidence bearing
uroe that, it seems to stand thus :—The Resolution
of the 9th July, directed that time persons should be
-chosen for each parish in Dublin, and ten for each
county ; Ole Meeting at Ltif.2y-s,revt elected five
versous ; and the evidence of Shepherd anti AirDo-
rtottgh is, that they cleded them to represent the
parish ; then it is for yeti to say, whether that elec-
tier) wet, or was not, to comply with the election
tlireeted by the tesolution of the 9th of July—an
slettion to represent a parish within the city ;—and
r.O will judge whether they meant to confine the
vrictry to the city, or meant that it should
represent the whole parish, part of which extends
hey ord the city, (the county being, by the reselu-
tiwl of the gth of July, to be separately represent-
e(l),. You will judge of the meaning of the ieselu-
tlozi, and time n.eaning of the pities, tiding in the
election, and upon them you will form your own
conclusion.

Gentlemen, if you believe the evidence, you will
(Lod the Traverser Guilty :—and, if so, you will
ill:6ml us, w :her, in the election, the repceienta-
*ton was confined to that part ot, the Parish which is
in, the city, or extended to the part which lies in
the county.
Toe Jury found the. Traverser Guilty, and that
the elect ton held in the Chapel of St. Mary't& parish,
in Liffey-street, intended to include the Roman
Catholics of the Catholic Periish-ol St. Mary's in the
City of Dublin only.

Letters were received from Lord WELLEaIGTON
by Government this day. They are dated the sth
and 121 b inst. but contain nothing of importance.
His Lordship's head-quartets were at Freynada, where
those letters are dated.

The rage of the Party at the late failure of their
hopes of coming into office, is so great, that they
have lost sight of prudence as well as decency. They
seem to think that they are entitled to office as a mat-
ter of right, and they are really angry with the PRINCE
REGENT because he has not at once surrendered
the Government of the Empire into their hands.
It is not, we know, a very wise thing to argue with
men who are in a passion ; but we should really be
gad to know the foundation of those claims which
they are (or ever obtruding upon the public. The
Party may have talked themselves into a belief that
they ought to be invested with office, but their
" importunate chink" has made no impression upon
the public mit!. They rest their claim now, as it
appears to us, solely on the coincidence of their opi-
nions with those of the Catholic Committee; for,
with respect to the Peninsula, t hey of late have been
very w;seiy silent. Now, we contend, that the
very ground upon \lllicit they rest their preten-
sions justifies their exclusion. The great majority
of the inhabitants of this Empire are decidedly a% erne
to an unconditional compliance with the claiinsof the
Roman Catholics. The public opinion upon this sub-
jeet has been over and over again expressed in Par-
liament, and yet the Party arc loud in their com-
plaints because they are not entrusted with the
reins of Government, in order that they may bring
forward this measure in opposition to the opinion
both of the Public and of the Parliament. The
Party seemed, however, to think, that they had a
right, not only to the exclusive favour of the PRINCE
REGENT, but to the uncontrouled direction of his
condua. They hoped, under the specious title of
friends, 'to exercise the power of master's ; and,
therefore, when his Royal Highness presumed to
think for himself, the anger of the Party knew no
bounds, and they passed at once from the most ab-
ject adulation to the most intemperate abuse of that
Illustrious Personage. But to recur again to the
claims of the Party, we beg leave to ask their ad-
vocates,
what part of the cotnmunity it is that wish
for their return to office ? Is it the People ? No :
a more unpopular Party never existed in this country.
Mr. SIIERIDA N candidly acknowledged that they were
a most unpopular Administration ; and what reason
is there to suppose that they would now stand higher
in the public estimation, if they were again in of-
fice? Do they suppose they would 'pin popularity
by abandoning our Allies in the Peninsula, and
withdrawing our troops from those fields where they
have- acquired immortal glory ? Do they believe
that the people of England would applaud them
for surrendering our maritime rights to a French
Party in America, or for submitting to the de-
mands of the Catholic Committee, without pro-
viding a single guard fur eur Establishments in
Church and State ? Are these measures likely to
gain them popularity ? and yet these are the mea-
sures which they must propose, 'or abandon all pre-
tence to consistency. The sacrifice undoubtedly
would not be very great, but as their stock of that
commodity is very shahl, we should be sorry ' to
see them deprived of it. If the people do not
wish them to be entrusted with the Govern-
ment of the country, has Parliament expressed
any wish of that kind ? No ; Parliament has
been uniformly hostile to their views and their
principles. His MAJESTY, before he was visited
with that affliction which has rendered him incapa-
ble of governing, manifested his opinion of the
Patty, by turning them out of his councils ; and
the PRINCE, though, ie order to strengthen his
hands at this arduous juneture, he would have ad-
mitted them into a share of the Administration,
has not thought proper to entrust them with
the management of public affairs. Such is really
the state and the pretensions of the Party that
is every day stunning the Public with its clamours
for place, and which hopes, in consequence of the
unfortunate agitation which has been artfully ex-
cited in Irsland among the Roman Catholics,
to foie° itself into poe.er. When we use the
term Party, we do not mean to include all the in-
dividuals that usually compose the Opposition; there
are among them many Noblemen and Gentlemen
who will not sutler their judgments, and their con-
duct to be- tetteied tay the arrogant pretensions of

the leaders and who will not withhold their ser-
vices- from their Prince and their Country at this
arduous crisis, to gratify the spleen, or to promote
the ambitious views of any set of men whatever.--
The Patty are aware of this, and are artfully endea--
vouring to frighten those who may be disposed to
quit them, by the violence of their abuse: they proclaim
the Country in danger; and yet if any one stretches
forth his hand at the call of Ins Prince to endeak our
to save it, he immediately becomes the obje6l of
the most envenomed obloquy. This desperate
manoeuvre will, however, we trust, fail of its object.
We ulalerstand that Lords MOIRA and ERSKINE
have already expressed their• intentions of support-
ing the PRINCE REGENT'S Government ; and it
is also stated that the Duke of NORFOLK con-
sented to take one of the blue Ribbands. We have
reason to belie►e that all the Ministerial arrange-
ments will be concluded to-morrow.

We were in hopes that some spirited Members
of the Common Council, who have the credit of
the City, as well as the welfare of the Country
at heart, would have endeavoured to revive the
subject of the proposed pecuniary grant in order
to promote the System of Education which is emi-
nently calculated to support that ecclesiastical esta-
blishment, which, in the opinion of the best States-
men, is intimately connected with the security of
our political constitution.—At present the Com t of
Common Council stands in a kind of predicament
which cannot excite the respect of the nation, for
it has notoriously granted a pecuniary &nation for
the support of a Plan of Education which treats
national faith as a matter of indifference, and has
refused a similar grant, nay any grant, in favour of
a system 'which upholds that national faith, and is
sanctioned by the Ecclesiastical AuthorHea of the
Country, as well as by all, from the highest to
the lowest, who are sensible of the itrottant
benefits resulting from that Constitution which has
preserved us amidst the ,downfal of so many sur-
rounding States. We repeat our call to the truly
patriotic Members •of- the Common Council, and
entreat them to rescue their Body from all party
and seLiarian influence, and to manifest their poli-
tical re&itude and regard for our orthodox Religion,
by supporting that system of education which is best
fitted to train the rising generation in the principles
of pure devotion, as well as to excite in them an
attachment to that Constitution which has so long
rendered us the happiest and the freest people on
the face of the globe. The subject is of vital im-
portance, and ought to be rescued from the arts of
wordy Orators,. who indulge themselves in decla-
matory harangues, regardless of the condua of the
City, the character of the nation, and the security of
our political system. There are many able and en-
lightened members of the CoMmon Council whose
good sense and sound knowledge would, we are
persuaded, effedually baffle the attempts of certain
Patriots, as they style themselves, who are deter-
mined never to see any thing entitled to praise in
the conduct of Government, and who, if they are not
aEluated by revolutionary views, are obviously too
weak to be sensible of the evil which their declama-
tory Philippics are calculated to produce lit the un-
wary, or reeordless of the consequence, if they think
they see any chance of future advantage to them-
selves, either by promoting their sordid views of in-
terest, or gratifying their vanity by an augmentation
of their power.

Yesterday morning the JUDGE ADVOCATE at-
tended the PRINCE REGENT at Carleton House, and
laid before his Royal Highness the proceedings of
several Courts• Martial.

Yesterday the Cabinet Ministers dined with the
Earl of I.lvEßrooL, at his house i;-1 Whitehall.

The Duchess of GORDON was yesterday considered
much Letter.

Mr. CALCRAFT, M. P. gave a grand dinner on
Tuesday, at his house in Chsurd•street.

MCS:FITZHERBERT has for borne little time past
been confined by indisposition ; but we are happy
to hear that her health is now nearly re-established.
Miss CHARLOTTE MANNeRS SUTTON, a daughter
of the Archbishop of CANTERIFURY, is, it is said,
about to give her hand to the Rev. Mr. CROFTS of
Yorkshire.

Thr. beautiful and accomplished Miss EDEN, niece
of Lord AUCKLAND, will shortly be led to the Fly 7
=flea! Altar by the gallant Capt. GRAHAM Moona,
of the Royal Navy.
Mr. WALTER SCOTT, we understand, has been
offered not less than. 30001, for a new Poem, the
subjea and the size to be left to himself. As Mr.
SCOTT is really a man of original genius, and his
works, in general, abound in poetical beauties, how-
ever, in parts, they may be liable to critical objec-
tions, it is gratifying to find that even in these hard
times, talents of a distinguished order do not pass
without due homage and liberal encouragement. - •
The BURDETTITES, who, admire 13noNAPART3
for destroying the religious Inquisition, are wisely
silent as to the political Inquisition, which he not
only supports in France, but has introduced into all
his dependent Stares—an-Inquisition that operates
upon the nominal Rulers of those StateS, as well as
upon their degraded subjects.
A certain Caledonian Member'of the lower House
has been for some time attempting to perform the
part of Atoll, but it is probable* that the criticism
whiCh be drew from Mr. PERCEVAL, on Tuesday
night, will induce him, in fut.ore, 'to be more at-
tentive to rehearsals, aid better acquainted with the
tasks he may undertake.