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

MADEIRA.

CAPT. SovrDEft arrived from
Madeira, after a passage of nine days, on board the
William Dent.
West m
India Ship, coMmanded by
The Mercury, a
rapt. sow„,, was taken in the month of Sena
The
by the French Frigate E
(which has been seen latelgypt/en/re, of 36 guns
y cruizing off Madeira, in
company with three French Privateers) and was
sent into Teneriffe. Soon after, the Mercury was
purchased by the Portuguese, and the Captain was
permitted to proceed in her to Madeira, where
her new owner lived from whence it was his Inten-
tion to make , for England. The Ship had scarce.
IY-reached Madeira Roads, when the wind blew a
Ptrfett hurricane • she was driven from her anchor
and cables, and forced upon the beach t the sea ran
60 excessively high at the time, that the Captain
and people on board with difficulty escaped 'on shore.
One poor fellow was unfortunately drowned, and
the vessel soon became a wreck.
Captain SOWDE.I7 has brought home the melan-
choly account of the loss of the Cecilia extra ship,
bound to Bengal, on the gth of January, in a vio-
lent gale of vvind; two of the crew only were lost ;
but it appears almost a
were saved. miracle how any of them
The vessel having been forced from
het' moorings in Madeira Roads, her masts were ex_
Ptded to go every moment, and every soul on board
exPeOed to perish, when the kind hand of Provi-
dence seemed to
between, two rocks interfere, and guided the Cecilia
that for ati , which wedged her in so tight,
at this me she continued immoveable ; the surf
anc.
Pedod washed over the ship mast high, 1
Patcsslies with,tite gria,sest difficulty
overbnogaredt: cboyultisave. iliat the Crew and
themselves from being dashed
Ship ; indeed, 'flging to different parts of the
ibte‘evnon.ld have been utterly impossible,
11
a d the vessel
In this hopeless stn ine motion,at the time.
Went over the side, and Lrmrerde, when the mainmastn
to the rocks: the Crew ;
eized this
.ki_nd of bridgemr.
tunity to quit the ship, Is f ,rtuna.te olpi.
resolvingte to perish in toe ar.
tempt to reach the shore, rather ti centime on
board where their fate was ine vitar)ln •) id the
dvessel he driven from her present sitti'aet'iosrih' uProvi-
entially, the whole gained the shore in safety, ex-
acept two persons, one of whom, we understand, was
.passenger
did not long keep
of the name of TIERNEY. Mr Cecilia
Cher among the her position, but was driven tor_
%ear, to pieces, roc position,
and before the next day was
Several ships jabtnu not a vestige of her to bedsetene
dangerous eff,Al ng
In IVlddeita goads escaped the their cahl-' `'S of this terrible gale, by slipping.
, . and putting to sea on observing the
at"r4 comingCapt. s On*
when ~, oivoszv left Madeira about the zzd ult.
We are •
Priv4t given to understand the four French
d eers) of whith mention has been formerly
1,111„a-e, were supposed to be still cruizing in that
"ter pursuit o I f
if
at
so, it is to be hoped the Frig
sent in them may arrive time enough to fall in
wit,' them.
The irrillia
front m Dent had a fair wind all the way
Madeira, but the weather was at the same time
very
n Y boisterous. On Sunday morning last, in lat.
the
45. log. ro. she fell in with about thirty sail of
West India fleet. They had
their voyage, got no farther on
in consequence of the heavy gales
they had encountered. At this period the wind was
blowing tremendously., and the ships were laying-
to. Captain Sow
i o attempted to speak the last
ship which
learn he passed, about ten o'clock, but he
Parted flow their cony particulars than that they had
oy. •He hearing more from the w
noise made as
b py
thervente d from
T wind,
he f

our French Gan-boats captured 1)y
ibzoze and
.11. yd e ra, the
remarkably fine Beigs,

veil wit. lee 32-pounders and 50 men on board,
sortie of whom tire soldiers, belonging to the 32d
Demi-brigade. They are So feet long, and IS.
wide, draw six feet of water forward and four
feet abaft, and are most excellent sea-boats, fit.
ted in the completest manner with every necessary
article of stores ; they are entirely new, and will
row upwards of forty sweeps, and are so construed
that if run on shore they remain perfectly upright,
and thus present a most formidable battery. Each
was commanded by an Enseigne de Vaisseau. These
vessels sailed from La Hague with ten others, fur
Boulogne, and were captured about six leagues from
St. Helens, having been blossn off the French Coast..
They are in every reweft as capable of continuing
at sea as one of our Gun.bdats, but more adapted
for fighting in smooth water. There are fifty more
of the same class lying at La Hague, waiting an
opportunity to proceed to Boulogne ; and should the
weather moderate, they will effett their passage in
spite of our Cruizers, which can never annoy then
in the manner they creep along shore, escorted ire-
cluently by a body of dragoons, to fire at our boats,
should they attempt to attack thetn.
Last week the Admiralty sent to Deal the Stew-
ard to the late Captain PICOT, of the Hermione, fot
the purpose of identifying the man on board the
Bloodhound Gun-brig, but who proved not to have
been ever on board the Hermione. On the Steward's
coming ashore, he perceived two men, whoth he
knew to have been concerned in the Mutiny, and
horrid murder of the Officers, and immediately
caused them to be apprehended ; they have been
sonic time on board the Utrecht, the Flag-ship at
Deal, without ever being suspefted, and most likely
would never have been discovered, but from the
circumstance of the person having been sent [olden-
tify the one suspefted ; they will soon take their
trials for the offence. A man has also been disco.
ved on board the Montague, of 74 guns, at Ports-
mouth, who is strongly suspefted to have belonged
to the Hermione.

t It

ROYAL ARMY OF RESERVE.--The following are
the Total, of the number of Men raked, rejected,
&c. on account of the Royal Army of Reserve, as
appears by the Official Returns laid before the House
of Commons

lan
EA
7,3
4%4

England a 26,739
Scotland - 443;
Ireland - 6189

•
• a
id 4
z
I a' b'

952 11 1129
58 3 271
- -11 670

k
a g

4420
4101
5579

•
4.
'G
92°4
1.97
4310

I
Total - - 37,363 ; lot° f ISI I 201°1 34,t 62 I
In London and Miditesex the nutn!)ers of effec.
Live men raised is 1260, the deficiency 1883.

THE THEATRE.-==Mrs. JORDAN last night per.
formed Miranda, in the lively bustling Comedy of
The Busy Body, and gave a general spirit to the piece.
Such parts as Miranda, which are distinguished by
animation and do not rise to the polish of genteel
Comedy, are exafily fitted to the poWers of this
sprightly Adress, and in such charaaers she cannot
fail to please the Audience in general. .The putt of
Mat plet was very well supported by BANNISTER,
who displayed its inquisitive spirit with great suc-
cess, and was nut less effeflive in shewi;!g his mis.
conception of those schemes in which he is made an
unconscious instrument. BARR Ymo tut displayed a
manly vivacity in Sir George Airy. Miss POPE
exhibited that genuine and true knowledge i,l
character for which she is distingui,hrd, in Patch,
and the two out men were very well repte.
sented by DOWTON and SUETT. Mrs.' SCOTT is
much too harsh for Isabinda. it should :cave been
performed by Mrs. SONTLEY or Miss Nlr LLoN.—
Cinderelli, united wilt' suer an Adrcss is Mrs.
JORDAN, in a part. suited to her talen-.F,.could not
but attraaa !age audience,

Mr. Alderman, and Mr. Jo, tAx RoviDELL, had
ye,terd.iy an interview with Mr. ADDINGTON,
relative to their in/ended Lottery. The Arts of this
Country are so much indebted to the skill; taste,
and enterprizing spirit of the BOYDELLS, that the
Public must feel an interest ,in the success of all
their undertakings. .
On Monday the Court Mart/al for the trial of
Major GORDON, on charges exhibited by the Hon.
Colonel CocitRANE JOHNSTONE, both of the late
Bth West India Rtgitnent, was held at Chelsea--
the Right Hon. Lieut.-Gen. Fox, President. The
Court being constituted, and the charges read by the
Judge Advocate, Col. C. JOHNSTONE opened the
Prosecution in a very able address to the Court, in
which he stated, with great perspicuity, the grounds
of the several charges, and the substance of the
evidence he intended to produce in support of them.
He afterwards proceeded to examine witnesses, aul
to lay before the Court a variety of documents in
confirmation of their testimonies. Major Goa DON,
also cross. questioned the witnesses at great length.
The Court sat again on Tuesday on the same busi-
ness till three o'clock, when they adjourned till
this morning, at ten o'clock. Col. C. JOHNSTONE
was attended by Messrs. ADAM and MORTHLAND ;
and Major GORDON by Messrs. ERSKINE and PIT.
CAIRNS.

Tuesday, the following Gentlemen were called
to the degree of Barristers at Law by the Hon.
Society of Lincoln's.inn, viz. HENRI' H., Hot—
BECH, Esq. and EDWARD WARREN, Esq.
We are sorry to state, that an alarming disturbance
happened on Monday last, among the colliers at
Kingswood, near Bristol, which did not subside
without the atlive interference of the military force.
Of the origin of the riot we are not yet perfealy
informed. The alacrity with which the Bristol
Volunteers, both Cavalry and Infantry, turned out
at a moment's warning, fully armed and ac.
courred, on the occasion, refleas much credit
on them ; and the spirited concluyf of the Staple.
ton Prison Guard of one Imndred and twenty
men, entirely composed of detachments from the
different companies of the Regiment, merits the
highest commendation. They, after being on duty
for upward .of 28 hours, and having marched near
five miles, drenched in rain, when arrived on the
parade, requested that the Commanding Officer
would not dismiss them, but that they might be al.
lowed to march with the rest of the Regiment to
quell, the disturbance.

LAIP REPORT.

COURT OF KING's BENCH, FEB.

VOLUNTEERS.

THE KING V. THOMAS DOWLET.

AFTS it some discussion as to the order in which
this case was to be discussed, the Court decided that
1 it was not to he considered as a Ru!e to shew Cause,
in which case the ATTORNEY GENERAL would
have had to begin by way of spewing Cause against
the Rule, but as a Concilium, and the case was to
he .treated as a, Special Argument, and therefore
Mr. ERSKINE was direaed to piOceed in support of
his Motion to quash this Convi(ion, he having, as
in ordinary cases, the priiilege of a reply.
Mr. asktatz then addressed the Court in a very
able speech in support of the Motion, which was for
the purpose of quashing the Conviftion of a rvla.
gistrate of Surrey, which had convifted the 13,fen.
dant, Mr. Dowley, in a certain penalty, for fines
for his non-attendance as a Member of the Surrey
Volunteer Cavalry. He began by assigning the
reason why he wished to have the Court's decision
what course the argument should take,and that was to
preserve consistency in not repeating the arguments
which he submitted to the Court on making this
Motion, and of reserving some observations which.
he might have occasion to make, but which he could
not well make until he heard the nature of the argu-
ments on the other side. He therefore should state
what was the nature of the engagement of the Gentle-
man, who was the nefendant in this case, and that
appeared by the Convidion. idly, he should proceed
to shew what the facts were on Which the Magistra:e
had founded the Convklione Lastly, in a few
words, and they should he very few, he should sub-
mit to the Court, reasons why, as it appeared to
him, it was impossible to sustain this Conviftion.
The Court observed from the Conviaion now before
it, the charges that were laid before the Magistrate
against this Defendant, and he should touch only on
that part of the case which was most important for the
consideration of the Court. The Conviaion stated
the fads, and then proceeded, '' Whereupon the said
Thomas Dowley, after having been duly summoned
to answer to the information and offence therein
charged upon him on the 14th of Sept. appeared to
make his defence to the offences charged against
him; which being read, and, being asked if he could
say any thing why he should not be convicted, lie
pleaded that he was not guil44,4hereupon the said
Thomas Dowley freely admitted and confessed all
and singular the matters and things in the said in-
formation to. be true—namely, his non-attendance
on the day stated in the information, except that
the said Thomas Dowley continued to be a member
of the Corps at the time of making the Rules and
Regulations respeaing the said fine, or the time of
the attendance of the said Thos. Dowley in the said
inforMation mentioned." This bet of the Defendant
being a member of the Corps at the time of making
these Regulations on which this fine was imposed,
the Defendant denied. This fine was imposed by
the Magistrate ispon the Defendant, for his not ob-
serving the Rules and Regulations made by the
Corps in question, of which the Defendant had been
a member, but .be contended that he. had ceased to
be a member ; for the Ads of Parliament were
never meant to give to any Magistrate or other
person, any arbitrary power to impose fines, or in_
flirt punishments on any member of a Volunteer
Corps, except as they were built on the Rules and
Regulations of such Corps, and of which the party
charged must be a member. He contended that the
Defendant in this case was not a member of any
Volunteer Corps at the time when this cons idion
took place, and therefore the conviaion was illegal
and must be quashed. The simple question was,
Whether the D. fendant had or had not power to
resign, without the leave of his Commanding
? Mr. ERSKINE contended that every Volun-
teer had that right, and argued at great length and
with his usual eloquence upon that topic. He went
over all the Statutes which were enafted upon the
subject of the Volunteer Corps, the 34th of the
King, the 42.1 of the King, the
,43d and the 44th
of the King, by the true spirit and intent of all
which, he maintained' that the LEgislature had al-
ways kept in view the real charaer of a Volunteer,
namely, that his service vas tpurely voluntary,
and that nothing in any one of them required com-
pulsory service. In this, he said, the Legislature
had only kept good faith with the Volunteers. He
read the Regulations of the Corps of which the De-
fendant was a Member, by which it appeared that
their service was a limited service, instituted for
the defence of the Borough of Southwark and parts
adjacent, subjea to be called out in case of. Inva-
aion or Insurrettion, agreeably to the Aas of the
34th and 42d of the King. That every Member
shall pay annually a sum of three guineas towards
the general expence of the Cusps. That every
Member shall keep a horse at his own expence, and
also provide himself with all accoutrements. (a
singular engagement, Mr. ERSKINE contended, for
a man who could not retire from it). Then he ob.
served, that the Magistrate had stated in the Con.
viftion, that he had found Mr. Dowley was duly
enrolled as a Member of the Corps, and signed Re-
gulations on the 4th of August, 1803 ; that he was
a pi ivate in the Corps, and was so at the time of the
information, if, under the circumstances herinafter
mentioned, he is to be considered as then being a
Member of the said Corps. The renewed offer of
the service of this Corps was made on the 17th of
August, 1803, and the ofFer accepted by His Ma-
jesty on the zzd of the same month. The Magi-
strate then stated the Correspondence which took
place between the Defendant and his Commanding
Officer, by which it appeared, that this Gentleman
finding it impossible for him, consistently with the
circumstances of his trade (his Partner belonging to
a Corps which was called out on the same day, and
they having no clerk), to continua' in the Corps,
on which account he absented hitnselffrom drill, and
sent in his Resignation to his Commanding Offi-
cer ; but the Commanding Officer refused to ac-
cept' it. The Defendant in his last letter to his
Commander says, " I do hereby declare myself
no longer a Member of the Surrey Cavalry,
and cannot attend again." The Commander again
refused to accept it. But the Magistrate did not
leave the Court to put its interpretation on this
correspondence ; he had put his own construe.

. . .
tion apart it. The iL .tgist.are lard to. ioota;:ide e ttaa:
things=z-First; whether- there- wasa renigeath'in let
point of fad .leaving it, as he oihaht •to le,ive ir, k)
the superior Consideration of the. Court CO say if ir
amounted to a resignation in, point' of I lw. The
Magistrate stated, that the Defendant did notify
his intention to discantinue his service, and did re.
sign his situation in ;he sal) Cores, as far as by
law he might. In doing this the Magistrate hid
aded very' fairly, and to the best of his julguient.
He had formed his opinian of the . law, add can.
aided the Defendant in the penalties ; hut he lid
stated only the f-,n;, and heft the law 'to
_the Ceiera
Ede stated 'the fads by which it appeal-eV:al-3e i.....
fen3ant had sent in his resignation in Septemher, ,„a
it was not until the z 8,1) of October that some of
these regulations were made ; so that tlifs.Geatie- -
man had resigned more than a month before some of
the regulations by which he was fined ex,sted,
qu., fr lilt
the IflailL ,itig it sntiegaiti ef:
e'r) see
rt:tierl)ntevsieagcri;:ittilor
rttC:osufilgt,v)aeisiie,ltn.illoietii St fg.(;:tn'il'lie,iriatte:yl:l3e:
estion,vliether la' eVreotl)uv'ti;-
in this particular case, this individ :al could resign ?
Mr. Easiciarke after having taken a general view
of all the regulations of this Cori s, and stared rite
fads as they appeared o i the face of the conviction,
and argued, that the power of , resignation was
clear in every Volunteer, from the true spirit of
all the provisions made by the different Ads of Par..
liament, observed that, nevertheless, he should have
felt himself unable to say a word in favour of this
resignation, if he thought it was in the least de-
gree likely to have an unfavourable effect on the
Volunteer service; on the contrary, he looked upon
the whole excellence of the Volunteer systeM to
consist in its being purely spontaneous ; it was the
true spirit of Freedom which armed the t'e,iile--•-They
armed to fight for their King, Country, Conat:tu.
tion, Laws, Religion and Honour ; all of which were
threatened by an insolent Fue, who had called us a
Nation of Shopkeepers, whose destrudion was easily
accomplished, and which he had threatened to effed.
Thus the whole mass of the population took to
arms, and they were swelled two a huge hulk,
that, like a mighty wave in the raging billows, was
ready to swallow up every thing that oppoSed it.
But all the vigour of its motion was the spontaneity
which produced it—take away that spirit of pure
voluntary ardour, and it will vanish like a phan.
tom. Therefore, he was so far from thinking, that
if Volunteers were left . at their will, either to re.:
main or retire, that they would resign ; he-Was -as-
sured they would all remain, because they would
Continue upon the princiele on which they were
embodied—True love of a truely free Country.
But coercion, or compulsion, might produce a con.:
trary effect. He had made inquiries, and he had
every reason to be satisfied, that the, Volunteers all
over the Country had now as much ardour for pure
voluntary service as they ever had ; there was no fear
that any of them would resign. It was a sys em de-
pending upon something more sacred ihan any human
institution. It was something in the mind of man
planted there by its Author, by which all Govern,
ments would be safe—without which no Government
could long continue, namely, public affect i
~n, This the
Government of this Country lod in an eminent de-
gree, and it was never more distinguished than in
that of the system of Who-it..., -e, . - a I,y ,v I/ i ,il
they were put to some difficulty, not to increase, but
to keep down the number of Volunteers, and whose
numbers did not arise from inteicsted motives,. fot
when they came forwards, they had no exemptions
to seek, there being at first only about 30,000 to
ballot for the Militia ; neither the Army of Reserve,
nor the Army.en-Mass having been hinted at. The
coming forward therefore of the Volunteers, was
pure and disinterested. Parliainent had so regard-
ed their offers, and had accordingly kept good faith
with the Volunteers in al; its acts, by which he
must contend again, every Volunteer was at liberty
to resign. He maintained, that if the last At of
Parliament, which was the 43d of the King, c. 121,
bore the construdion for which the AteroitNEY Go-
alma!, contended, namely, that a Volunteer could
not resign, then Parliament had passed: an. Ad _
which the Volunteers did not expect, and made them
suhje't to what they did not consent to he ...made
subjed to, in which case Parliament would have.
done that which -Parliament never does, it•WOuld
have played oil an unworthy trick, fore the purpose
cf imposing upon the Volunteers—it would have
imposed further duties upon the Volunteers than
they had assented to, aid that for the purpose of
sinpeaarnintgaillliost
eho:e'llowilli'old tiniiogthctomhaeviorwereaernd.caatllaeldi ; outl'e
under the Bill for raising an Artny en Masse. He
expatiated on these -and a' multitude of other topics
with his accustomed ability ; and concluded with
expressing a confident expectation that the Court
would quash this ConviCtion.
The ATTORNEY GENERAL said, he was to sup.
port this Convidion, and he -admitted it would
Very ill become him, when he found that his Opi-
nion on the construction of these Ada of Patlia-
ment was doubted by. ' others - - whose Opinion
was entititled to credit and great resped, to be
very confident of their•Lordshipsl Judgment in his
favour—yet notwithstanding what he had heard to.
day, and what he had reach on former occasions upon
this subjed, which fortunately fur him were Syno.
nymous [alluding to the printed Opinion of Mr.
ERSKINE as containing the same ideas as his speech
to-day], he was still of the same opinion as he
had formerly expressed on this-subjed—he remain-
ed unaltered, and even unshaken in that opinion,
although his confidence in that opinion was consi-
derably abated by finding such authority opposed
to it, to which authority considerable weight was
due—weight indeed that appeared to him to be
greater than the,force of the argument by.which it
was supported.' His Learned Friend Mr. EL'HITIS '
stated the question upon this Conviction veryiatrly...
That point was simply, Whether or not this indi.
vidual Volunteer was entitled to resign, under the
circumstances of, this case I That was the question
for the Court to determine, although the argument
necessarily branched out into the general question of
the right of a Volunteer to resign.
Before he proceeded to detail this case, and to
argue it on the clauses of the different Ads of Par.
liament on which the question depended, it %%wroth
be convenient at least, it not essentially necessary,
that •he should_ endeavour ..to remove some loves- •