The Sun.
London, England, 1804-01-20 00:00:00

SIR EJ'A?V NEPEAN.

THE. LORD LIEUTENANT of Ireland!laving ex-
pressed his approbation of the appointment of Sir
Evan NEr RAN to the vacant Secretaryship in that
Kingdom, Sir EvAN will quit his situation at the
Admiralty Board to-morrow, and will leave Town
next week for Dublin.

Few changes in the Political Department of the
Administration could cause more general regret than
the removal of Sir EVAN NEPEAN from the Ad_
miralty Board, for although protened by a great
Personage from the means used to drive him
from his situation many months ago, yet there
is no doubt but that the dissentious at the Board
have been the cause of his leaving it. his ab-
sence from it will very soon be felt, for no man
understands so well the business of his own De-
partment, and few will be found who have the perse-
verance to attend to it as he has done.
As Secretary of the Admiralty the suavity of his
manners pleased every person who lad access to
him ; while his attention to every application from
the Mercantile Interest of the Country,
has given a
degree of popularity to the Board, which has cer,
tainly been extremely useful to the general charader
of the Administration.
It is not yet positively known who. is to succeed
Sir EVAN NrrEAN, His place was first offered to
MAR,DeN., who declined it, and ire also re-
tires from the Admiralty ; but it is generally be-
lieved that Mr. MARKHAM and Mr: Itio K will
be the new Secretaries.

The Troops at Erig!iton, by particular desire. of
Mai :r-General LF.NNOX,' fired a feu.de-joie in ho-
no tit, of FIER MAJESTY'S Birthday. Although the
day. was bad, they asquitted themselves very much
to the General's satisfa,ftiOn,
from their soldier_
like appearance, and received his compliments upon
the occasion. As the PR INC i. was not present, the
Royal Horse Artillery, the loth Light Dragonns.4.'h
and bth prignors, South Gloucester, North Hants,
Sussex, and Dorset Regiments of Militia,
marched
by • and sainted the General.--Lady CUARLcart
LENNOX and Lady CRANtAy were on the ground,
notwithstanding the rain, to spew their loyalty. In
the evening there was a Ball, at which all the Mill.
tary were present.

Notwithstanding the rain that fell yesterday al.
ternoon, the 3d Regiment of Loyal London Volun-
teers mustered at Bridewell at two o'clock, and
marched to Kennington Common, where they had a
grand field day.
The Surrey Yeomanry were also out yesterday
on Kennington Common, and spent several hours in
pratlising different triancenms.
Yesterday the Royal Westminster, the St. James's,
and the Loyal North Britons, had a fieid.day in
Hyde Park, and went through their manmJrvres
with their usual correanes3.

Colonel Rob' NSO Dr yesterday informed his Corpc,
(the Royal Westminster) on parade, that orders have
been issued by Government for the preparation of
camp equipage for a very considerable body of the
Volunteer Forces.

Colonel JENKINSON, who was in the field yester-
day during the marching, firing, and manoeuvres of
the Royal Westminster Regiment, was pleased to
express the highest approbation of their soldierly
performance, which, he said, he should report to His
MAJESTY.

The Wife of Two Husbands is still deprived of
the support of Mrs. Moo NTAIN, but it is alto.
gether so entertaining, that it drew a very numerous
audience last night to Drury. Lane Theatre. Miss
WENTWORTH, who is her substitute, makes a
tolerable stand. Cinderella, though also deprived
of the former, has a very beautiful Venus in Miss
•

Letters of a recent date mention the demise of
Madame Iltr..t.tesßEßG at an estate near Tours, to
which she had retired in honourable affluence. Her
death was occasioned by the extreme exertions which
she had invariably used in her profession.
Mr. TUKNERELLI is the Artist whose musical
abilities afforded so much pleasure at the meeting of
the Royal Academy on Wednesday last, at the
Crown and Anchor. There are few professional
singers 14h,se voice and musical ta(te are equal to
what were displayed by this gentleman.
Married, the Rev. SAlvttlit, C. F, Chaplain t
His Royal Highness the Duitz of Li AR ENCR, to
Miss CsRIFFITus, daughter of jcuN MIS,
Es;. late Governor otl;,irAt,

OPINION OF THE 110 N. rno, ERSKINE,

ON THE

VOLUNTFFR• ACTS.

Questions having lately arisen before the Magistrates in di&
ferent pare of England, upon the Right of a Member of a
Volunteer Corps to resign or discontinue his services, a
view of all the Statutes upon the subjea cannot but be
very generally interesting. We have, therefore, inserted
an Opinion given by Mr. EaSK t, upon this important
subjcit,

The narnre and extent of the various engagements
of Volunteers must be looked for in the engage-
ments themselves, as they were accepted by the
King, aided in their construftion, where it
may be necessary, by the contemporaneous sense
of Parliament upon the subject, as expressed in
the Aft which enabled His Majesty to accept
them ; and by no means upon inferences drawn
from subsequent statutes ; unless, indeed,• they spoke
a language so plain that no two Englishmen could in.
terpret them differently ; because, I should consider
it to be in the highest degree disrespeftful to the
Legislature, to suppose that it ever contemplated,
by ex pert /ado laws, to affea the grace and honour,
much less to alter the extent and quality of sponta.
newts engagements and services, wholly uneXamplea
in the History of England, or of the World, for
their patriotism, spirit, and virtue; and which
require no enlargement, nor any construCtion con-
trary to the plain and simple understanding of
those who enter into them. I desire, however, to
preface my Opinion by saying, that instead of find-
ing in the language of any of the Ac-ts of Farlia.
:tient such an arbitrary alteration of the original
engagements of the Volunteers, or any Parliament".
ary expositions of them, which have a tendency to
enlarge them,. I find, on the contrary, in terms the
most unequivocal, that Parliament considered them
to be purely spontaneous, trusting fur their con-
tinuance to the motives, interested or di;interertett,
which had given them Hrth,

As the offers of service by the various bodies of
Volunteers are, no doubt, very differently worded,
I will not go the length of saying, that there max
not be amongst them engagements, either original
or subsequent to their frit formation, that may be
legally binding upon those who have entered into
them, so as to exclude all retirement from the obli•
gations ; hut the language which creates such obli'
gations must be clear and distinct, because it cannot
be inferred from a general offer of voluntary service,
lithe term Volunteer is supposed to he satisfied
by the original spontaneousness of the enrolment,
leaving him afterwards indefinitely bound, then
every enlisted soldier rnt:st be equally considered to
be a Volunteer ; and, with the difference of receive

ing pay•exceptect, and the local extent of scrvice•
would be upon an equal footing both as to merit anti
independence. Such a doarine appears to me to I,°'
equally unjust and impolitic : unjust, because for
the Volunteers' engagement there is no consitteratioTl
but the sense of honour anti of duty, the reward
of which is sullied' if the service does not contiou
to be voluntary : impolitic, because it is overiool‘'
ing a source of anion infinitely greater than the
force of any human authority, to take no account
that invincible sensibility in the mind of man for tb°
opinion of his fellow creatures ; a principle whi‘fiL
notwithstanding disgraceful exceptions (more 1114:°':
to become numerous by denying the merit of per'
severance), will secure to the Country the eons fit''
ance of a most formidthle force; strengthenc`'
rather than weakened by occasional desertion':
which give back the deserters to their Country,
mere regular soldiers under compulsory laws, whilo:
those who are faithful to their honourable engagea
merits stand higher, and more proudly distinguishC,
by their fideliry. There are, besides, many !Too',
which may fairly and honourably induce a Volt°
ter to resign, of which he himself, and not,
!Magistrate, ought to be the judge. It may be soldo
that this does not apply to the ordinary class
of the people. But this I positively deny. • It doe.
most einphatic,ally apply to them, if they are wisely
listed up to the condition and feelings of their so
t
periors, by a liberal and honourable trust svhicll o
due at this moment to the whole People of Eng 1311,,,
from their noble, generous, and disinterested condlw_
This preface may appear improper, because it is ty;
usual in an answer to a Law Case: but 'claim the 0.4
rtacm privilege of feeling, and the right of expressl'ot
it ; and it was unfit to postpone these observationg
the conclusion of it, lest being of opinion that Vonloo
teers have the privilege of resignation, I might
pear, even for a moment, to be weakening a {0 bop
which, if kept in its proper station, assisting for
not supplying the place of regular forces, will
ever render a free country impregnable.
Let us now see whether this honourable or dr,
grading condition of the Volunteers, is to be ci°6l
le, from the AA of Parliament which enable I

the King to accept their offers of service.
,s 0
This A& (the 42d of the King, chap. 66)
e,„At
passed expressly to enable His Majesty to !tea.►
himself of the cffers in question ; and it is but
sonable to suppose, that the deliberate and contelfir.
raneous construaion put by Parliament upon the'
ture and extent of them (putting authority oat 09
the queiti6o), was likely to be the true one; 111°1/
especially as it was in unison with the univer.,'7,.
sense aid understanding of those who offered thy

services.
tift
In this Statute it was considered to be expedif-to
for the encouragement of the Volunteer Systetor ho
grant exemptions from service in the Militia (ttis
only other service at that time existing or in c°,o,
temptation) to those who had enrolled thernsel"oe
and who were effrclually serving in any Corps
0A ; and that Government might ktio°
with precision, the individuals entitled to such, its
emptions, effective service was defined by a 0112 A
attendance specified in the At, to be certifigaLio
muster-roll, transmitted by the Commanding 01";0,,
to the Lords Lieutenants of the different Couritlift
Now, if such enrolment had been in the nature of
binding obligation upon the Volunteers to cows
their services how
Sedion ; which, having for its objefts'wit"
is it possible to account
hos
greater precision, to narrow the exemption to tvt
,
who still continued in the situation which I be
entitled them to it, enada, " that there filial
inserted in the muster.rolls, the name of ever Of
,en enrolled in such Corps
'who rind the date

1,

---- , , •
ast pluster.roll;Shall Isar<ve notified to title Commandin?, of iilvii!'ior, or rebellion', hot -• to the limits o.t:
Ire_
rOffea ha ivh-77f; on of-disconiinzi;vg his service there-- ii•rlid,' hilt ale,
.exten.ded. to. Grea t 'Britain aro, :-1-,,aes
[
the first moment of their enrolment iaa- or who shall- have hearodischargedalserefrom, on - land, and
the
Islands of
.Guernsey and JeteF,.`,-.e-:
t they
acco'unr cif ‘non_artendance on'othe.rwise ; in order i and from.
that, from the date.of such', resicavae;a7s or discharge,, 1 are sonjett to be disciplined and officet'od by PerSj"...
(for stab, are the fertiords,.if the Aa), they may he_ aooninted by the King,
.and are aubjet`t to tl'e
collie liable to be balfottea for .t-he Militia, as if they At for the punishment of Moriny, andePeser,
had never been eitempted a0.a1.1 ; and even if there tool :• but there can be. no Hardship in any,, part c_!l
shall ,t! no vacancy, shall,serve till
.there is one, as this, nor any doubt involved in the nature of stoat
superninneraries ?,, How is it,possible, consistently 1 obligations, though originally voluntary.o.t2gealse
WitlO-risSettion,coconsdfr that the enrolmentof.i-he the .tilt of Parliament must of.course have beeta
VelUnteer,' like the enlisting-
of the re t gul Soldier, prior in date to any vOlootaty offer of. e.rvice
cor.si:utes a legal obhgation to contiouehis service.; i . under it; and the plain unambiguous letter of jilt:
'''"cee if does, d,sconiinuanee of service is but A.,
?..t had poiated out to eyeryesuch V.altaateer, be-
r-'lJrillfr narne ibedesertioro tliouoll ro,t sobjeda un-.. .fore he became one, ;hat-. by his; ,Col}Seing to.
',,es-8 Inec's:SeeOf Invasion, to he punished under thetah-,be enrolled under its aroas;sioas, 1) placed .11i9tseil
TutinV .24,?,..4rid it. is scaccey decent, to suppose, in the condition of a person serving as the regular
that . •Ix.-...-• •-, .- ," a netircotaon by a soldier to his•(ornmandii-os' ISuhstitute of kballot.ted Soldier, bound,of Course to
' c.") a/ his intention to desert, could have found serve in that Army which it object the obje of that.
a Pli'e
shewf, in a British Aft 01 Parliament. And to , Act of Parliament to create, and according to its
l
~
ti. roar this was not It'sose anti nasty d: -o-s terms anti provisions. Nothing in this Statute has
wor Le-
. ~te Ap, but the deliberate opinion .and purpose= therefore any application, direftly or intitedlye,' to
cf ft,e-Legislature, the,prescribed 'return annexed to affect the condition of the Volunteer Corps, -whose
tLe Statute;by•the schedule ranted
..,A, falis' ill di- engagements are in question. . , .
reciiiwith the language of the fourth Sediotioand 'Tile Aft r)eXt in Order is the 431 of the King,
contains a.N'.B. of those who have quitted since the chap. 96, and it is a most important one indeed for
date
hforethe last in uster-roli, .
,• .: , -1
.: ~. the gecurity .of the Realm. It was passed to enable
t,
1,1 ilsi've alread
-y' saidoand.l must-again repeit;that- l His Majesty more effeftually and speedily
.to exer-
nature, of the erigageinents, depends Upon the erre ciss' his ancient and undoubted Prerogative, in re.
gagements the e
Mselves, to 'be xpounded, if :neces. • quiring the military service. of his Subjects in ease of
sar-Y, .6)- Ibis contemporaneOus Ac} of. parliament Invasion of the Realm : and fur this purpose it pro.
under la !licit they, wereeic•cepted e and that nothing vides that general meetings of Lieutenancy shall be
batt.Vmaet po,i j i I,: e terms of ante subsequentStatUtes--. held in each coooty, for...preparing lists of all the In.
146Wi1.9.1a-bi.a.aioduces me to ,l such a' charge habitants"of parishes bet ween the ages of 17 and 4.5,
ttponl)„,t.
~..39.t, .4* tKI. suppose that it-intended, -to be divided into four Classts:' and His Majesty .
aenf.iioe.sjaerl Whell, the first Ae'l Was passed,
any new occasion or necesSity,:not -einposvered to dired,arms to be provided, for them,
and May order the three first Classes to be trained
to el.': tz:t. -.le caastiudion of voluntary and most meri; and disci Mined under the penalties provided ; and,
e ,rl.,:sna e.ag'igententsr -much legs to extend them by in case of Invasion or appearance of an Enemy upon
L gista“v.--trly,rit •
,e---0 . . .- t. - ) , without the consent- of those the coast, His Majesty is further authorized to order
ant;
ohfad ,entered into them ; but I• find nothing in all persons enrolled under the ,Aft to be embodied,
ter ''/.ttaeother
.Ads which will bear such an in_ and placed in existing- Regiments, or formed into
Pretatioe.
a • ' ' . ' - New Corps, and ttibe led to any part of Great Bria
Theist: tt
conin.ht „ate of the 431 of the .Khng, -chap. 82,1, rain, under pain of being treated as Deserters under_
un-/ called the Arany of Reserve Ad, is the the Mutiny Aft. -As the whole. scope
.of this Aft
next la „r i
more
ese, t er. It was passed to enable His Majesty was so strengthen,the King's ancient Prerogative to
an addt"u""Y to raise and assemble in England call-out the Subjects of the Realm in cases of Inva.
and .t.1.-iotlsal military force, for the better defence * slain or Rebellion, His Majesty, as might be eXped-
weiesictY °kite Kingdom; in the formation of e,d, is invested with the discretion Of determining
cot-not, a.faerliain a
ea; the numbers to- be raised-in each :-'l7vltat part of this 'Force *lle will 'from time to time
meet Y.' i'3(l,',gnafting fro p'
their establish. .. organize or employ a anti therefore it is enaded by
tinns'ett-PF.C?.cg'sla ttatnarle out, the, different exemp. ' the 52d serf. that wfro-His Majesty shall thinlefit•
80,.
ec_ah-tsitiascornpulsoty levy,, and by the 7th and • tO.-emoloy a part, or proportion only, of the- cliffe:
the' %,11,cial.s, a_rl,peisons duly enrolled-on or before • rent Classes enrolled' for Military Service, the Depu.
r .1,,,,, i find. in an , y -.- - "etit'enants of the different Counties should cause
V„l:titLitdr-ICC;ir l' 3-
.1. e"n*l4nrY or
-IY.-1•4 „ a -
stated in the Corps, w lose services were of the exrene -that number to be chosen by BALLOT, un ess rn
lii
the• -,l).l,;,and.liasibeeit aecepted on oa ac. -.7." • cases wbere the number of Polunteers :for serince,
111 bailor22.l day ut" j)me, Tr 803, were ex,..,,,, -,,,
---ticeat trout v ib' FR THIS ACT, shall be sufficient for the purpose.”
e •so as their . .‘ • • t
, 3
muster-rolls of their, respedive C ' ion
the zed of June, r 8 3.s ihe .. a' r i
oros on Cl before of. Volunteer Corps whose services hat} been before
K - under the authorir of the 2d
Seetion in'giviiig. Illi, e:,--,,, • lant,-dge .or. the 7th accepted by the ing, , y 4.
pbssible; strow,cr than -.
ptton ia the same 'err if of the King, chap. 66 ; for they are before and ex-
the 21.2k1 of tl-,-; Kin; ll'3' of the • former Ad} of press& exempted by the q.:er:y Ad lam '110,117 comment-
.r, bk,chap. t 6. t} ' , - - •,in the Toth Seaton, exempting
tient cons,,tred , the , 0 s iew that Partia. in on, which . service to he ei,,, • - continuance of VOlunteer ' the alicers of State, lie Judges, Sec. 3ce. pro.
:he exemption
or
." gether spontaneous : bet use vides by the itth Section, tii;st no person serving
an!ed is
ticmal, as in reo ncinabsdinte And unecindi-
,a 3 an offediva Member in any Corps of Volunteers
rents of aceeotee 'it must have. ben, if the engake.. lV h9SC servtces 'shall-have been, or
,shall be accepted
3ng,s but 4,
a's, id service had teen p::yettially-biril- l-,):i His 'Majesty, shall b,s. siihjtet to the provisions
exairall,a
.a,„,,,ieue'!'g-.6.-°)il.)1 ,as the- iniiividual should of the Ad--" so long on& a 3 th,), shall respea;Vely*
if oluriteer Corpsh '
eioag 4; 4nd serve in any of the continue (within any of the descriptions aforesaid;"
t,,,,,,,pti0,i.,,
I‘,. whoe th,bers were. entitled' to which' last ,sOrds are permed with he same reserve
containsy • ' " Statute • • sub se • Cl
in its su sevent Clause, . and caution to narrow the e,xetnotion to the
.continu-
arr:.4ls c.4:in -Aliso- ' • . '
,ing the additionaisfuta ..ey. provlsions fat the rais_ anon i 4 ;
only ofd se.-v-ce, ewhich ,- being voluntag, mg ht
t!it Volunteer,,.. eto,-de t'' f''ree witullY dist:oa from be. (withdrawn. With regard to the Volunteers
c:cepted.,-. and the 1 se services had been' before - under.this last AR mentioned in this sad Seftion,
t,,em i
~ . . .eceptanee
, of wHeh. ertitle'd it is plain, for the reasons already given, as applica-
1. o, the abovt:tmationea- - . ' • .
vet ni:
,)(1
0a e.,,,, .
~ , exempzintia. It direda ble teethe Army of Reserve Ad, that they, if. any.
' 'Jae,' . teeteilials 1
~.1
~ on every Psisn ,' e. - . l',ll,llty,of 201. tlp», •-‘IIC.. Have I lye existed or shall exist hereafter, caninat
a - t. C. Jto nu'
I_
to SerVe,, or „e .rt ~.1. ',no shall negled, or refuse retire . from their engagements ; because they
(iiff.,„ ~
."), find; a Substitute; and io enable the would have consented to become Volunteers under
,nt: .1 arisnes to m k their . .
which the Aare .••'i e up quotas of men, the express terms and proviszons of it,. which
mark
ptnaity
I,s
.diceacogires them 'td do; One.' half Of- this' out the extent and limits of the service.under it, and . the Poor, to to be paid to the Overseers of makes the. compulsory ballot depend upon the num.
be cari•
chid' Rates, as an ' 'ted to the account of the Pato_ berauf such Volunteers : whereas. the Members of
vide ~as
du.' t° the different Parishes toeiro- roiusteer-Corps whicli have been accepted under the
It , eers to, su 1• " ''
arisingl . 1
from default
.2\ .1. PP Y 'the thficieneteso Aa of thechap. 66, had already;
4.zt of the-King,
~
to quicken. th . `end further, to ease the Pirialies and . by- the. Ii th SZaion of this very Ad, been whollyh
portant, tl Paectmpletion ofa force o critically' • -
Dishes ' le .C-1114.elltv ~ I s ttn.• e,,emp . . • . •
, with 0 '' a.t.- ens and Cterseers of Pa_ . Ifithis distindion is:properly' attendecito; it will,
:tuthociz i le cohs4rit of their '' • ' •: ' •
• he next-Seetion
aim, e( to make
.. inhabitants, are serve to remove all ambiguity froma 1. , . ,
„le
For
as
._,lo7u.'zia - rate r
.oe. giving a•bounty to . upori..whieh. I :tits informed that considerable -reliance
sktile, fortis or
e,,altwouti . voluntarily con-sent, -with Out .has lice, Fac,!,l, to shew that the Members of VOlim-
b rervote and on t 1'1" °I the ballot to Serve /0r Leer .C6rp% cannot legally .withdttaw themselves. - •
proao'siodfee ~_.. e same conditions '.
b . if h'e 53d Sett ,n invests- His Majesty With the-
‘,,e,5er.z,i,,,,,, , as 'was lore
and tuck Volunteers •s- '-' '344stitutes under. ; hi; 1-1 , (4. .
• ..isc.reti, n ,
fsuspending the COMVULSORY enrol-
be acceptedP .0 .5%,,'
in tedktion of flit and
e"roited, - a 're 'to :1-...zrit_cf men under this ASR altogether; provided-
other •.
. ..
wise have been raised tee numbers-Which must . tile•efF,6live Members of Volunteer Corps in• any
dire been
81,4 v. numbers the in.•bl ' '' r D.flSll accepted or to he accepted by 'His
the 1 t under
)4
()t
as
e 'J'e
.L''"'")
°I.
'" . "
, , places of asse Li 5 eire. t" be f 1 1 IV! • who had agreed to be trained and disciplined,
muly •in the di, 'gent
()twat( et to oesty,
-,..nest according e ( li.crent -
:unties,C and to march to any part of Great Britain irecase. of.
6to tiip.j,- Numbers. 4
Cretl as ,
-
'rY -at War , His Majesty '
should amount
rnstnltted -to the Inv.aston or appearance of an Enemy, . ,
Y
tha ajesty that, Rl' 'I.
C
the Ad, to a
`Wards -- --- operatio , • • aspento fur together with, the ralunteers under
..,, A proce, nor the ballot, to be after.. number satisfad ry to His Majesty; not being less
ded uo
And it is further
eeh,ill the nutrili-era-are.cornOlete. than three-fourths of the whole number to be en:
ati
oubstittl.i..z.3.. naled, that, if sack Volunteers, 'rotted. • TI-ie objeet of the Clause
.is obvious.-the fat-h. - 41te; reeei ; enroin-ye-6.- . I..ng a bounty, ,ref Use to Act 'was passed co strengthen, and indeed to enlarge ,
reeeiy, .
cl, opt)t)
.' they shall return the money the King's Common Law Prerogative, in ,Case of
enrolment fatn (.)f
; .
.4-nprisonment • buts after Inl,asidn, by authorizing His' Majesty to organize
aaa, to HuLoubtedl •' ' ~
they ha be e '
ki b xlalY to „ ' Iland, in the manner oint_
y consoler soot,' Vo Lune- and discipline thern before. p
• ' he Ro al Aut horit with-
sera, es een aees,,,, ,• n the same footing • as: if ed out, to which, peehaps, t y y, .
Cain slo,,r,,%gtilar 5,4 '-iI „, bY
b'not, or, had agreed to chat the aid of Parliainent, did not sufficiently extend: -
serve 40.ve
under`'' v olunitet;o.:'Utes under the Aft.. ,But how But, as it Was most desirable, at the same time, that
tkis 40 1
~_ len enrolled and swearing to this
necessary
exertion for the defence of the King-
hers of Vf. - . ""t •11 assimilated -; with light •pressure as' '
(} tillteer cur.) 4 t to-the Mem. dons should operate as a pos-
' King-
haw been
aCcepted I),l4i'vvhoSp spootaneous services sible upon its general popolation, it was fitly left to
to,f the, Act ti' f ihe 42,1 of e Kin.?' under the authority the King to contemplate the effective extent of the
TTtuat account, were theiC.it;'g, chap. 66, and who, . Voratittece Forces, and- to suspend the compulsory
of Volunteers.,ienrolkd :„T„ '''''res!,ly exempted ?. 'The opertitiOn of the 'law within the limits of 3-tUurths
--, ‘oir /asi
.4,.i ' •''''. ""rn under theproViSiG:7s of She number
.to be enrolled under. the Ad :IA
are the mere Sul) t°itu'V 43d
a t he-King ,eb a p . 82, limitation afterwards repealed by a subsequeini Aa
viclu4s.. Tin. `•s, :::-'ee's of Parishes iiistead of Indi. , in the'6nie Session, which' leaves the numbers en.
In the
,Armj„
(laare 1
Y•?"tati Substitutes to serve tirelY•TO-His IVlajesty's discretion. • Whether this
to Kin -', Reserve. • They laad made no. offer was a"Wise provision or nor, considering 'that the
found • • ga9lVll:isiy terms ,
in this7parileil • ' ' -but aloe' that are to•be serVieeS of Volunteer Corps were spontaneous ;
use, they
fire
v,,,ti ar Statute. Whether; there. -Whether it was.reposing too great a' trust in the
s i ince,. • : Pfferin I s, tit .tlie most liberal sense, 'cisntiintance of'itich services, though secured by the
, . 2 toemselves far 'a
enuatnd to tfie e e-a Ouilty, they are equally conditional quality of the Exemptions, it-is not foe me
kTiew, sct; ice , (11. reed by the Act ; they to• determine : But, of this lam positively certain-,,
.ser •• " ought. to have knowthe ofthat 1 -engagements of the Volunteer Corps Of the
env
they en i' ' n„, extent the the
eiHre ~ gage( in l
,s Le , , occattie it is pointed out in *continua/ice of them 'was before spontaneous-) are. not
~,,Icr terms by the pOOO,
Pof Statute,
* • .altered by this Section .•
•
the at all
k'e'.. I„,sservieses,.uthler. •
, this Apt} are not confined to cannot' but be admitted to me, I am further Must*,
a,' . en9tsnedus terlTl3 nro • .1
--'."•lTtsii -Tr-- - r 'll')eu by themselves and decidedly of 'opinion, that' there is nothing in' the
* ''''',Y :Y.P9t,.cuniined to the contingency langtiatetaf it, which can in.fair conttaidion afford

in..z r
I I even matter of rec.::,! that the engagemeilts,
i in the, opinion of P:itli,aineot, were ife nt the begin,
....1.4q finding ; beciuSe, 'in IL 5,0.1 e., or this 53• A
• geclion, the frain“s of it, S;111 reepileeto,grihatfo;:
r, of the Force, viz. the 1/.3,1...i n.er. -.L7 is, ‘,.:11,1:11
i was-to produce 'tlie,s&•ponSion of the. hallo i, 1..?;i s cat a
i iludiaating kind, have ai,ltledThese r,emarka!,,c.. wotdi,
. , subject nevertheless to such conditions as to, tke roan_.
her 'Of efeaive Men to it: constantly existing- in such
Volunteer' Corp, or remaining :to eitg. nged as:-1701un..'
leers under the Ad ; and subjed to such othe'r re-
•
gulations as to exercise, muster, or inspeetion, by.
getiiial or other Officer, as to IlisMajesiy should
seentneceSiary ; ar.d, in case of failure ofcoMlioince.
•
with such conditions," kehrc77 shiWi that the'rle Wds'
''ii a pouter of n0n„c0n.,i5i...,4.,:e in some _ part at least
of this force), ''or, • ii? the. mil-Tber of such
Corps as aforesaid, or or sud,' VolUnteer3, Should.
not continue 'eqoat to the numbers, required in • that
~ behalf," 'which shc,:-.41.i izga';n, that a jlUattatioa in
.. •
some part of this Force was to b'e. app?ehended; then
the enrolment under the An was. to proceed as if
neither of such forces had ever existed. • 'This is
nothing more than tnaking the suipension of the Com-
pulsory Le'vy rest in
.the King's diserecionary view of
the extent :of other forces; but. certainly cannot.
alter engagements of serVice. before •ziceeOted ; and
indeed it ilitriptissible to put
.Such a construtaion
upon 'this' very SeCtion, without saving (what no
Lawyer will, I thiok, venture tt proriounce)„.. vii,'.
that although the mode of training_ and exercise of
the yolunteer,Corps had
,been accepted as .expressly •
dependiog Upon their particular terms and agree:
mews ofServices,to he enforced by Fines according to.
the'naturenf their various engagenients; yet that by
the operation of this Seaion every Volunteer Corps
(for that is one of the conditions of suspendino. the,
Compulsory Lev)), was to be sObjea,' even before
the time .of Invasion, or appearance of an Enemy.,
" to such. rules and regulations as.to exercise, muster,
" or inspedion by Gene?..alor other Fieli Officers, as
"to flit Illqiesty should seem necessary.'.' A propo:
iition whi.Oh, as applicable fo. Volunteer Corps in
general, haS never yet been advanced. .. •
Theiength of this s3d SeCtion gives an unavoid.„
able complication la any argnment upon it.. But
Jo
put my: ciear..opinion of. its: construction into' plain
and short English; it is-thislt vested a discretion
• - ,
ift.toe king to,suviiend the operation-4.a compulso,y
levy of his. Subjc.64 hr the defence of the realm;
whilst there existed, in-lhis opinion, a sufficiero `.:3-
itt.ntary.force for its•,proteCtiOn i and it is im.;
possible to resort to a different construction, without
saying .that Parliament, in CaSe,Of . the general •Mais,
which. it, had a right, by this 'Statute, to •Coerceo in
.
case of.. those who had made no ciferi ; who had ex- '
pendednomoney, and had made rro pi tsoiial exec.
tioniorsacrij'ires whatsoever; had set a trap, in the
first instance, for those.whO had given the earliest
and best example;. coercing tlieni to screen others
from coercesion, and' confining the comptilSory ea:i
upon those who had done nothing, to the Mere 'con-
tingent supply . of suCh inumlyts as might 'escape
tin-01.10h the snares with which it had surrounded
the Ifoltinfeers. ' ' -' . •7'
.
The provisions of the 54. th SeEtiOn add nothing
to the arguimrnts against,. the .freedom • Of the -Vo-
lunreet" EstabliShments. It is there enaccied, that
such'Voitinteet Corps, so formed as aforesaid; and
every 'Persou so enrolled'therein, -shall be liable to
march,to any part of Great Britain for the. defence
tSereof, on any InVasion or appearance of an Enemy,.
Sec. whenever 'they shill be summoned. by the Lord
Lieutenant of the Ciunty. But it 'must be recollect.
ed, that such Volunteer Corp.§ teferi to the V. lunteer. .
,Corps mentioned. in the 53d Section, viz.- l'olanteer
Corps ;who by the terms of their (bolunt.iry'en:gage.
meats had so 'engaged to be marched ; and.also that
the proviSioo Only, extends tb Corps then existing. and
not to all inenibers that had ever been -enrolled-in
them, which leaves the question quiteuntouched;an(l
, emancipates Parliament irony the' reproaclt of
the operineSs and Manliness Of a brave and faith. •
fill people byartifice and-deceit. .: _ , •
But if any doubt remained, it would be, entirely
.done'away by the provisions of the Subsequent Sta_
lute iif ' the "4; a' of the King, :chap. t et: ; 'which is
•the laSt eXi'stitig.for the regulation .of thd Yeomanry
and Volunteer Corpse fOt• this Statute" expressly de-
Clatei.;'ilia'i. ilie-...ad of the' Kings chap: 66, under
which the services of the Volunteers wereorit;-inally
b
aceed, remained in full force, "exCept so fur as
l-Ae•
" the same .iris varied this' Ad;" which-Could
-..• by
not: be if it:: had been in parts repealed or altered
before : and so fi., frOm considering effective service
;ICOnipu.lsPrY, irdireCts, with a.view to exemptions,
' • that the Commanding ' Officers of :Volunteer Corps
shall Make a return in a prescribeilibrin, distinguish;
b int-r those who shall continue to be effeEtive, from
those• Who, by non-attendance,-, hive become non.
effedive ; and by referring -to.' the Sehedule, as
annexed to:: the ACI,• it --Will be seen that. the same
form
.is still observed; . viz. " discharged or:y4itted
" since the last muster.roll." And-to shew, Conclu-
sively, that this:right of quitting was 'considered by _
Parliament to'exist, and e‘Ven nuithout the sanction of '
the Commanding o.s.cer, the Bth SeCtion, which besides
operates drily 'upon Serjeants, Trumpeters, Buglemen,
and Drummers, of Volunteer and Yeomanry'Corps
receiving pay; recites in'its preamble,'" that great
" inconvenience bad been found to arise in the Vo-
" lunteer and Yeomanry Service of Great Britain
" and Ireland, from their being no authority to en-
" force military discipline among' such- Setjeants,
" Trumpeters, and Drummers of Volunteer and'
" Ye6manrY Corps, or to prevent them quitting such
" Corps without the leave of their Commanding
" Ofcer." These defects are then remedied in the
enacting part, by subjecting' strch/persons, to receiv-
ing pay., even before Itivasiori, to a Regimental
Court-Martial. But surely this preamble, tollowed
by the limited enaam'ent of the SeCtiOn, are, sufficient
to shew. that Parliament considered the engagements
Of the Volunteers in the light which I have ventur_
ed to consider them.
I should have given this Opinion with very great
pain and reluetance, if it had not appeared to me that ,►
1
the Policy of the Question was as clear as the Law of I
'it. It has been, probably, a difference of. opinion
in this respell, which has given a strong bias to the.
-minds of those who have thotight differently on this,'
tl The Opinions which I allude to, are .ent i.:
elect tao.very great respett from every b dy, from
'the high station of their authors ; and they derive I
an additional weight-with me, from the opinion I I

.S T.

have a '..v;-.-y i
.E=T,
ing..iF ,Bp t Opi n,,,it rot i)eiq,.na ; terofd
f''
rete-i-T-ut :he re,elt
.c;reLisoiii,g, I have iiecri
c ut.pelled to difEr ;:aEld it wtiy tutu.oulp that my
pinion, not theirs, is erronentui, and that I covelf
ve been led into the error 6,7 mine, from ,:nothr.
f.,:d; 1 aM'afraid, art incurable cast, c,f th'intlYni7. :1
hI
liiiveall- my- life accustomed myself to ex alt the su.
ph-ibrefficacy of voluntary zeal and 'air d:on, when
brought into af.tiort ti ::n ra inentons ntti -_na: occi-,
slops, whether f)r the internal support -ON Govern..
client, 'or for its defence against toreign Luce. - I
never, indeed, -cotisidered•it ito”ible to substitnte a
Volunteer for a Regular Nilikitary Establishment.;
but coming in stiddto and critical aid of it, to; gilt
time...furies form taw, and to strengthen and "sup-
p'ort- it When formed :, to give uoitoirtiity,and anima-
'lion to a -National Cause, and enthusiastic succour,
inThe'day of danger,. to well concerted Military
•Defepce's. I feel no bounds to the reliance which
ought 'to be placed hi such a ,sy3telp ; above all,
when Man is prudently donsidercd,' as he is, with-all
his;imperfeaions as-well- as•his virtues : takifig se-
curity, against the, one I.)y the ordinary courses of
corupulseiry'GOvernment, and givingAin addition,
value to the other by that liberal trust,,aod confi-
dence which ought to the priociple of all free
4rdtesi. and which the.Pople of this Country have so
eininently.deservedi, . • - ,

C.O

• T. ERSKINE.
Lintola's Inn Fields, ;pt. 16,h, 18

MRS. 4E,E

AT nine VelOCk- M' ter, the nix.
street . officer, ar-rived .in. -toivu twin . Ginner:3T, r.
with Mrs. LEE and Mr. I.,i.trOcg GORDON, the
person whU • carried otf that. Litly,-as stated in a
fortner.pperr •Mr. GIORDoN. was ordered by the
Bow-street -11/lagist rates. to remain in custody. Mrs: '.
LEE, with a femdl,e servant, who accompanied Cot
Police Officer to Gloucester, in search .01 her mis. ,
tress, went' to the house of Mr. PARKINS, her Arz
totney,.,in -Great Ormond-street, where she siepi
last might. .She .is a very handsome- w,wpan,
the afilided state in which she arrived, rendered her.
appearance highly interesting.
. .The following are a few further particulars.of rise
above.extraordinary-,affair:Mr. '
LAUD EN GORDON,, since his arrival in Eng_ .
land from
.the Nest 'lndies, about two months ago, ,
has resided near Raneligh, and a. part of the time in
the same:house with his brother, M. LoCKItART
GORDON,. at Alsop's Buildings, New Road. On
Sunday last he wasitt the latter place,, warn
formed 41-re. Laci:y who keeps the house, that some ,
very particular circumstances obliged him to leave
town immediately, and as he was g,)ing out to dinner
t.'-',lt‘ day; requested' she would pack hini up somt.
linen and clothes in his trunk, hire a post,chaiSe for
Uxbridge;.and come in it the same evening, at seven
o'cloZ:k, With the trunk, to the corner of Bolton_
street ; ' which she' accordingly did:and, after wait-
ing a Mort time, Mr. LikuoeN GORDON came and
told her to take a coach and I;o'horne. Mr. Goa_
Do! then returned t'o'Mrs. Lr,s,'s house; soon after
i',.vhich she was-carried off.

On Tuesd_aye tr en i r, flow...street Officer,
'accornzianiid by one or Mrs. LfiF,'S fernaie servants,
se, oir post :in Aptst of Elio fugizivzs ; and !ht same
evening a letter from Mis. LEE, dira.-ted` to her
maid, was brought to the house in 15,iltob-row, by a
young,man, who said that it,came inclosed to him
in-:inotherikter from his mother, who keeps an inn
at TotsWorili, Oxfordshire, and where it appeared
they had stopped on SUnday night ; but, from their
~strange behaviour to each other, much astonishment
was excited in the Minds of those at the inn, espeei.
ally, as the Lady remained wliile her go%.vn and stock-
ings were washed. Mrs. LEi's letter, there is rea..
son to 6elieve, was written privatelY, and in great
haste; the words were very few, and ,nearly thus
" clothes, no money, (!eath or compliance."
F:orn Tetsworth they proceeded to 'Glbucester,'
where they were fe!!6! on Wednesday, afternoon by
Miller, who took' Mr. LAUDEN GORDONinto cus-
• •
todY. Mrs. Lilt's servant went with' the Officer,
.
in order to. attend her mistress

Mr. ',AUDEN 'GORDON called two or three times
at Mrs. I.Ei!syhouse, since his arrival in'England;
but who,-
.we understand, was denied. to Min..: In
the course of last week he sent a very polite letter
to her, saying that, he -would-Aohiniself the honour
of dining with her on the Sunday following, and
should'take the liberty of bringing fifs brother, Mr.
GkxDoN, with him.