The Sun.
London, England, 1803-05-17 00:00:00

THE KING's MSSAG E.

The CHA.NCELIOIL of the ExcirEQUIR brought
a Message from His MAJESTY, which was read
from the Chair, and is as follows :
GEO/?GE
•

" fits :MAJESTY thinks it proper to acquaint the
House of Commons, that the discussions whidh he
announced to them in His Message of the Bth of
March last, as then subsisting between Firs MA.
J es.rir and the French Government, have been ter.
minuted. That the conduit of the French Govern.
meet has obliged His MAJESTY to recall His Am.
bassador from Paris, and that the Ambassador from'
the Ftcnch Republic, has left London. klis MA.
JESTY has given direaions for laying before the
House of Commons, with as little delay as possible,
Copies of such. Papers as will afford the fullest in_
formation to His Parliament at this important con.
jundure.

41 It is a consolation-to His MAJ ESTY to reflea,.
that no endeavours have been wanting on his part
to preserve to His Subjefis the, blessings of Peace ;
but under the circumstances which have occurred
to disappoint his just expeaations, His MA) ESTY
relies with confidence on the Zeal and Public Spirit
Of His faithful Commons, and on the Exertions of
His Brave and Loyal Subjels, to support him in his
determination to employ the Power and Resources of
the Nation, in opposing,the ,Spirit of Ambition and
Encroachment which at present aauates the Councils
of Fiance, in upholding the dignity' of his Crown,
and in asserting and maintaining the Rights and In.
terests of His People."

Lard 114111KES13URY said, that at present he
should do no more than move that His Majesty's
.most Gracious Message should tie taken, into con.
sideration on Monday. next. It must. naturally be
the desire of His Majesty's Ministers that the dis-
cussion should come on as soon aspossible, and they
would certainly take the earliest opportunity for
that purpose that was consistent with their duty.--
'But they could not call upon the House for an
opinion, and indeed the House could give no opinion
with resped to the ecindud of Ministers, or upon.
the present state of public atnirs, until they were
in possesSion.of the documents necessary to enable
them to form a judgment.' Measures had been for
some time. taken, in the event of the discussion ter.
minating as it had now done; to put Parliament in
possession of the 'necessary - information . with as
little delay as possible. But the Papers being very
voluminous, they would not be in a state to be laid
before the House before Wednesday, or Thursday
at the farthest. But even if he shorild not be able
to lay them on the table before Thursday, he hoped
there would be sufficient time before Monday to
enable the blouse to peruse them, and to enter into
the consideration on that day. He again repeated,
that it must he the wish of every body that the
discussion should not be unnecessarily delayed, and
it was the desire of Ministers • not to press the
House for an opinion until they had time to con-
sider the information that would be laid before
them. He conciuded..with saying, " that the Mes.
sage should be taken. into consiOratinn on Monday

next.''

Mr, GREY said, that he perfeftly agreed with
the Noble Loid, that the discussion should be de.
layed until the necessary information was laid be.
fore the House. The Noble Lord therefore very
properly abstained from giving an opinion, which
indeed tilt House could not give while they were
in total. ignorance of the subjea. But there was
one question which he wished' to ask. The Mes.
sage- stated, that the discussions had terminated,
that Lard Whitworth had left Paris, and that the
Frer.ch Ambassador had quitted London.; that His
Majesty had been disappointed, in his expectations
of Peace, and that he relied upon the zeal and
public spirirof his faithful Commons,. and upon the
bravery and loyalty of his People, to support him
him in a just Caller. Upon the justice of the cause
he could at present give no opinion, but presuming
at present that 'that could be proved to the House,
he was sure he was only. speaking the voice of
every man in this Country, when he said that His
Majesty might rely upon the zealous support of
that House and the Country ; he did not, however,
coiled from the Message that orders had been
issued fur the commencement of Hostilities, but it
was very-important to' know, whether the rumours
which were this day in circulation respefting the
issuing of Letters of Marque anti Reprisal were true,
If that was the case, it appeared to him that the
Message was deficient in not conveying that in-
formation to the House. Here he should cease, but
he could nut help remarking upon the state in
which the Message came to the House; It now ap.
peared that it was not' necessary that Lord Whit.
Worth Should arrive in this Country' before .a Mes-
sage could be delivered to Parliament ; It now ap.
pearedthat a Communication might be made, upon
which no proceeding could be itnmediatelybad :
and yet they were told on Friday last that the House
of Commons, the legitimate Constitutional organ
between the King and his People, ought not to sit
to receivea most important Communication, which
was, mule known in another way, ,He so h
otlit. not,
°Nett to the mode of proceeding proposed by the
Noble Lordi, but he trusted he would give him au
answer with regard to the Letters of Marque, and
he could not help remarking, what appeared to hitt
to be unprecedented, that if those orders had been
Funre with.
issued, we were gtuallY war with

out ,the House of Commons having bad an oppoe-
' tunity of considering, or of giving an opinion upon
the subjeel.
Lard HAWKESBLM said, there was no dispo-
Sitipii on the part of His Majesty's Ministers to
conceal any thing upon this Subje&. Orders had
certainly been given for issuing Letters of Marque,
.and• the reason why that circumstance had not been
stated in the Message front His Majesty was, that he
found it had not been usual, on such occasions, so to
express it; but undoubtedly His Majesty's Govern-
ment had issued such orders, and they had no dis-
position whatever to conceal it. With tesped to
what the Right Hon. Gentleman said in the latter
part of his Speech,, namely, that his Right Hon.
Friend had said on Friday, it would not be proper
to deliver a Message from His Majesty, or to make
any Communication to the House, until Lord
Whitworth had landed in this Country, he would
observe, it never was asserted, that under no cir-
cumstances, would it be adviseable to be adopt.
ed ; the sense of what his Right Hon. Friend had
said upon that subjeCt was, that under certain cir-
cumstances it might be mote prudent .to abstain
from matting any Communication until that period;
and his Lordship added, lie had no difficulty in say.
ing, that the events which had happened since the
period when his Right Hon. Friend spoke upon that
subjed, had confirmed him in the opinion of the
propriety of the assertion of his Right Hon-Friend,
in the manner it was then made, and also in the
propriety of the Members of the Executive Govern-
•ment advising His Majesty to make the Communi.
tion now before the House. He believed that my
Lord Whitworth was now at 'Calais, and in conse.
quence of which the French Ambassador had left
London.. The Hon. Gentleman not haying ob-
jeeted to the course which he had proposed to be
pursued, be, had no more to say ; he only rose to
answer the question put to him on the subjet of the
Letters of Marque, and which he had answered
without difficulty,' for there was no disposition on
the part 'of Government' to conceal the faet, and if
it was not stated in the Message from His Majesty,
it was only because it whs not usual so to state it.
The question being put,

Mr. FOX said, he did not mean to enter into any
discussion of this subject now ; he hoped, and lc
trusted, that the Noble Lord would do every thing
in his power to lay the Papers before the House, and
he hoped also, even if not quite regular, that the
parts which are now ready would be laid before

the House, and the next volume on the next day,
or as soon after as possible. But on the subjeB of
Letters of Marque, it struck him that something
very important might. occur in the discussion. it
was not a matter now regularly before the House,
but he could not help observing, that under the cir.
cumstances of the Country,. the advantages of has.
"ing issued Letters of Marque a few days previous
to this Communication, would not compensate for
the loss-which •we may 'have
.sustained from not
having the benefit of the opinion of the House on
the subjeaconeerning these Letters of Marque.
Mr. T. GRENVILLE rose, he said, fur the pur.
pose of addressing a question to the Noble Lord, to
obtain infotination for the House and for himself 'on
the subject of the Papers which were to be laid be-
fore Parliament. He- took irfor granted that the
Papers about to be laid before the House, were of as
large and comprehensive a nature as was necessary
to contain the whole history °fiche Negotiation.
Lord 11411110ESBURY said, he had no difficulty
to inform the Hon. 6entlethan and the Home, 'that
the Papers which Would [le laid before them were
not confined to the immediate objects of the Nego.
tiation at• the present moment,•bur an account of all
the discussion that was• material, from the time of
the signature of the Treaty pt Amiens to the mu.
merit of its termination.

The CHANCELLOR of the EXCHEQUER moved
_ _ _

the Order of the Day for the House to go into a
Committee of the whole House, on so much of His
Majesty's Speech' of November last, as relates to
providing additional facilities for the Commerce of
the Country. He then moved, that the House
should resolve itself into the said Committee to-
morrow.—Ordered.

Lord CASTLEREAGH said, he rose to move

for leave to bring in a Bill relative to the regula-
tion ofShipsemployed in the. East India Company's
Service, but he thought it necessary .to say some_
thing of the defens, Which the Bill he meant to
bring into the House. was intended to remove.
The Noble Livid then gave a,minute account of
the shipping of the East India Company,
which, he said, amounted to 90,000 tons, on
board of which 101000 men were employed.—
His Lordship observed, that it had been the custom
ci the East India Company to contraft with per-
sons to furnish them with Ships for six voyages ;
indeed this custom was governed by.tin Ad of liar.

liatrient, which limited— it to that period ; hut it
appeared that many Ships were found equal in all
respeas to more than six years use ; the Ships were,
therefore, obliged to be disposed of, and from, their
unfitness for other service, were frequently ,obliged
to be sold to be 'broken up. In either case, h
great loss attended this old system. The system
proposed by the Bill in question, was to give a
pciwer ,to extend the number of voyages. This was
the principal objed of his Bill, which he did not
doubt would he highly beneficial. There was one
point which he would at present state, and that was
if a shiß should be loSt, and her loss was not occa,
stoned by any negiat on, the part of the Owner,
the Owner should he permitted to build another
Ship, and be entitled to.the remainder of the voyages
left unperformed. On a future occasion, his Lord.:
'ship said,' he should enter at large on the subjed,
and he did not doubt but the attention of the
House would be direded to modify those regulations
that would be highly useful to the Company, "he
should therefore conclude with moving for leave to
bring in a Bill to exelairi and amend `an Ad of the
39th of His Majesty, allowing the Eait India Coin.
panrto hire Ships for their service.

Srl Wm. PULTENEY said a few words against
the Motion.

Another tionourable Member also said a few

words.

The SPEAKER observed, that relating to Tragic
• .
it was necessary to refer it to commitiee of the
Whole flous,e, Which was °Ott:o for ig.morrow.

The CHANCELLOR of the EiCHEQUER move
the Order of the Day, for taking into consideration
to-morrow the Report of the Clergymen's Na 11•
residence fill. On the Order being read, he moed
that it should be discharged ; which being done, he
moved to postpone the consideration of the Report to
•
Wednesday next.—Ordered.
-The House went into a Committee on the Bill to
prevent Frivolous and Vexatious Arrests.
Mr. FITZGERALD moved a Clause to extend the
Bill to Ireland.
The Report was then ordered to be vceived iD•
morrow.
The Committees of Supply and Ways and Mesa
were postponed to Wednesday.
The ether Orders were then disposed of,. and 06
House adjourned at Six o'Clock.

MAILS.
DUE. AftRIVID,
Holland i -- -
... 0
French .. .
. - a
liamburgh - - - -

PRICE OF STOCKS,
THIS DAY AT TWELVE O'CLOCIC•
Consols - - 59 Consols (Account) 60159 x

THE SUN.

SOLSM (Wit titCSlta SALIIUM'AUDZATI

YESTERDAY Evening a Message was brought
down from HIS MAJESTY to both Houses of Par'
liament, announcing the termination of the 1416'
elation with France, the recall of Lord' Wirier'
WORTH, and the departure of General ANDatossY,
HIS MAJESTY relies with Confidence on the zeal
and public spirit of Flis Patliament, and the exec*
dons of his brave and Loyal People, to support hitn.
in opposing the spirit of Antbiti.,n and Encroach-
ment which at present adtuates the Councils Of
France ; a reliance which, we are satisfied,-will' let
be disappointed.
The Council at which the Message was framed/
met at the Queen's House, by special summons, framed/
two o'clock, and Ministers Caine from it to the
two Houses of Parliament with the Message.
to be taken consideration in Woth Houses on Mon'
day next; and to.morrow, or Thursday at farthest,
the Papers relative to the Negotiation will beho!'
die'
tributed to the Members. We shall take the w
opportunity of laying- them, voluminous Ai: thef

are, before our Readers. .
,tRo
Yesterday afternoon, Letters of M 41
etter,"i ' II
prilal lyric ;slued by Gemetnnont against-4e frell(7
Re and the. Italian States. 1101/111121U'l Sif'iliAt
'' • triell' being
are not mentioned in them, these col°—
still nominally at Peace with ui. ,
About two dozen Letters of Marque wete Yea'
terday afternoon, issued before the departure of th. 4
Post.
Yesterday afternoon about five o'cinck Gene':
rat ANDREosSY reached apvtr, and Wag so em.
bark last night as soon as she tide served g°
get out of the harbour. Lord WsturwoßTH Wagi
expeaed at Dover last night, and will no doubt
reach Town this day. M. PORTALIS remain!
here, to wind up the accounts of the Embassy, al
does, we believe, I.r.ad WHitsvolyrifs Sccrecarl
at P"ris ; but any speculation upon this cireuul
authority of
stance
,is absurd, for we are told froth the high
r
of His Majesty's Message, that the .I‘le*
gotiation is at an end. na
We have no doubt that Ministers will be .°°
completely justified in the final result which Oil
have adopted ; that it will be immediately' Pe,g..
ceived that they have dont every thing in their
power, in the true spirit of Conciliation., to psc'egv4
Peace ; but that the unbounded Ambition of the
Consular Chief of France, has rendered its preset°.
tion impossible on our part, without sacrificing the

Honour-of the Country.
We. soon foresaw that such must, at an earlY p
sniittiboen the
result
%°vet. Ivlcerenc4
firmly, yet temperately, commented. 409 in°
circumstances which, in our opinion,. disl'laYtcl
placed, and we re
disposition on the part of France so completely In'
• in-kg to this country, that they must inevll4l4
lead to hostilities. SAM: afoul cotemporaries have
and unprecedented
pursued a different course, and,. by one day Wilde
ing the trumpet of War, and the next, speculatid
r,
on Peace, have contributed, as mug]) as lay in
thog
power, to agitate the public mind, and to tender
'the continual prey of the most harassing tieubt.
ha°
and fears. Our course has been different ; we
"
stated (ass, however u4leasant, ,that we mig
prevent the Public from being misled by fallaei'tli
hopes of Peace, when none in reality existed.
A Crisis like the present, musche met With
nets and energy, but it certainly may be.ower"'
plated without apprehension. The FIR ST CONSO
has sacrificed his true interests, and the greater part
of his popularity in France, to his Pride and big
widl
bition. He h ortu
Ilan hitherto trusted to his fne
to del'
some success, and upon that he sterns now
penal; btit if the chances of War tarn against

he has no resource by which be can counterbalance
' the evil, and the foundation of his" Power and his
In-
flnence is gone. Britain iiosscsses Resources yet un-
touched, which w;A enphle it to meet any event
within the reach of human calculation, • whilit a
brave and loyal People' are ready to rally round the
Throne and the Constitution, and to shed the last
drop, of their blood in the defence of their Country.
The Resources of the Country, great and ,com-
manding as they are, must necessarily be still more
imposing, if their application is direeted by com-
manding talents and prompt and decisive judgment.
Those abilities which have been so successfully cm:
ployed in repelling the aggressiOns and chastising
the inordinate ambition,of an inveterate foe, might
surely now be employed with, if possible, still
greater circa. The Nation is entitled to expea
that all the talents which the Country affords, will
be engaged in its Service, and that its Energies and
its Valour may be led on to the Contest by those in
whose tried prudence, courage, and ability, it can
repose with unlimited confidence, and particularly
by him, the energies of whose mind are ap peculiarly
• calculated to meet and to overcome the difficulties
of our situation.
This morning at twelve o'clock the 3 per Cents.
were at s9l for Money, and 60, 59* for the
Account.

Yesterday, at twelve o'clock, Her MAJESTY
and the PKINCESSIts, attended by Countess HAIL.
EINGToN and Lady C. WYNNE, in two coaches and
four, with their usual escort, took an airing in the
neighbourhood of Hampstead and Highgate, and
• returned by Portland-place, Cavendish-square, Bond.
street, and St. James's.strcet.
About half past nine, His Mat esrY and the Duke
Of CUMBERLAND, attended by General GWYN,
'rode in' the neighbourhood.of Chelsea, over Batter.
tea Bridge, through the fields by Clapham, and re.
turned by Stockwell, over Westminster Bridge,
about twelve o'clock.
About two-o'clock HIS MAJESTY held a Privy
Council, which was attended by the Archbishop of
CANTERBURY, the LORD CHANCELLOR, the CHAN.
CELLO& of the Excuscau k, the Dukes of PoltT.
LAND and ROXBURGH, Nlarglaisses SALISBURY and
CORNWALLIS, Earls Sr. VINCENT, CHATHAM,
RABA INGTON, WESTMORLAND, and DARTMOUTH,
Lords .Pet.HAttr,. 140BABT, HAWKESDURY, C.ATH.
CART, Mr: HIL.EY ADDINGToN, and several others.
The Council broke up about three o'clock. The
business is supposed to have been upon His MAJES.
Ty'S Message to Parliament.' After the Council
broke up, Mr. ADDINGToN had a long private
Audience with HiSANIAIEsTY.
This day a Proclamation was issued for raising
the bounty to Seamen.
Orders were sent off from the Admiralty on Sun.
clay last, for the Channel Fleet under the command of
Admiral COANW ALL LIS, to sail yesterday from
Torbay.

Camps will be immediately formed in Kent and
Essex, as well as near Briancon and Portsmouth.

The Middlesex Militia is ordered into Kent.

In the Maile, we. Understand, are a considerable
number of large flat-boats, which will contain from
eighty to an hundre& men each. They are both
sailing and rowing. boats. It is in such Vessels
that BONAPARTE will. attempt to carry into execu.
tion his plan of invasion.
The attendance in the House of Commons yester-
day was greater than was ever known ; near Five
Hundred Members were present.
Mr. Nil- intended to take his scat yesterday in
the House of Commons, hut did not get down before
four o'clock, after which hour he could not be
sworn in. He will certainly take it before Monday
next.

• The Minister came dOwn to the House yesterday
in the lull dress of the Windsor Uniform, which has
a very military appearance. As he never had worn
it in the House before, the citcumsiance excited a
a good deal of remark.

It was yeiterday very confidently reported, that
one of the three Messengers who arrived at General
ANcoutosst's on Sunday, had brought Letters to
the KING and the tscit of WALEs, from BONA.
PA re, b,ut this, upon inquiry, we found to be •1111.
true.

Mr. St LVESTIR, the Messenger, came on horse,
back into London yesterday morning, about one
o'clock, with great speed : at Whitehall, where
the stones are extremely slippery, his horse stum.
bled and threw him, which sprained one of his
ancles anti bruised his ribs very much. He' was
to have returned with the answer to the Dispatches
which he brought from Lord WI-Wm° trra to Calais
with all possible speed, but on account of his onfor.
tunate accident Mr. HutiTert, senior, was sent with
his answer to his Lordship.
Mr. Fox, it is said, mean 3, after the discussion
of the Negotiation shall have taken place, to make
Motion in the House of Commons for the proposal
Of overtures for Peace!

Mr. Fox and all his Patty, we understand, mean
to oppose the War.—Of this Party we yet know
.not whether we ought to rank Mr. SHERIDAN and
Mr. Tit:R.:llY. The former of these Gentlemen
has always expressed in Parliament,upon very trying
occasions, such genuine English Principles, that we
can hardly suppose he will objets to a War for the
preservation of the very existence, probably, of the
English inone.

Between the aoth ulr. and .the hth instant, 36
paeket.boats_entered Cdais from Dover, with 377
Passengers, including Messengers ; and 34. packet-
boats left Calaic for Dover, with
including Messengers. 377 Passengers,

The KING or SPA! n has oracred the construction
0 a 1-14rh"r at Anando, in Biscay, which is to be
e:Oled the Port of Peace, in ,honour of the Nince of
that name.

IVIIPAL I'El4/J.

DOYER, MAy 16.

HALF PAST FIVE, P. M.

GENERAL ANDREOSSY and his Suite have this
moment arrived ar the Ship Inn ; and Mr. MAN-raw.
.the Agent, in consequence of directions received by
an Avant. Courier, has prepared Vessels, in which
they mean to hail the moment. the tide suits this
Evening.

It is generally believed that Lord WH ITWORTH
will be here this Evening.

PORTSMOUTH, MAY 16.

ARRIVED the /Liao) Man of War from the
Noce.

' Arrived at Spithead and detained under the
Embargo, the following Danish Ships, viz. Count
&timelman, HOLM ; Siittanah, CHONER ; and
Emmanuel, BOLLEAN•

Sailed the Pigmy Cutter, with Dispatches.

The North and South Gloucester, Worcester, and
Hereford, Regiments of Militia, are ordered to this
Garrison immediately.

The 3ist Regiment is expeaed to embark at this
Port as Marines.

The First Regiment, or Royals, embarked in the
Chichester and another Man of War, for Foreign
Service.

COWES, MAY 16.

A General Embargo is laid on all Vessels here.

HARWICH, MAY i 6.

Tint Diana Packet, Cain. OSBORN, arrived yes-
terday from Helvuetsluys, with the Dutch Mail and
Passengers. • _ _

In consequence of an Express being received at
the Custom-house yesterday, no Vessel whatever is
permitted to proceed to sea, and the Officers of the
Customs refuse to clear out any Ships or Vessels,

DEAL, MAY 16.

CAME down, and sailed the Jill-toy, of Ito guns,
for Torbay.

An Embargo h laid on all Vessel" in the Downs.
Arrived and sailed' for the River, the Gratitude,
SCOTT, from Teneriffe.

Vice Admiral Lord NELSON took leave yesterday
of Luid ST. VINCENT and the Board of Admiralty,
upon being appointed Commander in Chief in the
Mediterranean. His Lordship left town immediate-
ly for Portsmouth, to take his passage on hoard the
Amphi on Frigate. Lieut. W. H. PEARCE is ap.
pointed Flag Lieutenabt to his Lordship.

THE THEATR r.—A new Musical Entertainment
of three aEts, entitled The Fair Fugitiliet, was last
night brought forward at Covent-Garden Theatre.
The scene lies in Guadaloupe, and the interest arises
from the capture of the hero and heroine by rebel
Blacks, who are- finally conquered, and the lovers
restored to each other. The Piece is decorated by
some beautiful, scenery, and the Music is upon the
whole pleasing. There is nothing very new, strik.
ing, or interesting in it, and it is much too long. It
was .upon the whole tolerably well received, and
announced to► repetition with few dissenting voices.
Miss PORTER, sister to Mr. KER PORTER, is said
to be the author of the drama, and Dr. IlusEY ut
`the music.

The Haymarket Theatre opened last night for
the season, with the Comedy of The Jew, and the
Operatic Farce of The. Agreeable Surprize. The
Comedy was preceded by a Dramatic Sketch of one
scene, entitled No Prelude. WALDRON appeared
as the Promptor, lamenting, in soliloquy, the hard
shifts to which the Theatre was reduced, and read-
ing a letter from the Proprietor, whimsically scat.
ing his theatrical expedients. Soon after ELL tsToN
entered as the Deputy-Manager, and a conversation
ensued principally rclating to the new Performer,
whom the Proprietor had colleted, stating their
terrors, but relying on the candour and humanity of
the Public. This Prelude concluded with a Pro.'
logue, which deprecated the censure of dull Critics,
and appealed to the judgment of the Public. The
whole of this sketch was enlivened with ludicrous.
sallies and some hutnourous allusions *Emile titles *1
several of Mr. COLMAN'S Dramatic Works. It was
very well received.
The Comedy of The Imo was then reiiresented,
and several new performers appeared. Mr. CHAP.
MAN, from the Worcester Theatre,. is a plain de.
cerst sensible man. He played Sir Stephett Bertram.
Mr. H. KELLY, from Portsmouth, is like Iric
VON in person. He has too much anion, but he
acquitted himself respeCtably in Frederick. Mr.
MATTHEWS from the York Theatre, seemed mast
to strike the audience. He seems to possess a quaint
kind of humour, that may render him a favourite.
He performed label in a very diverting manner.
Mrs. CLELAND, from York, is very well suited to
charmers of maternal feeling in common life. She
performed the part of Mrs. Radelijr. Dorcas was
represented by Mrs. KEY'S, from the Wcimouth
Theatre, who is a pleasant Actress. EL LisTON
was excellent in Sheva.—MATTHEWS performed
Lingo in the Farce, and confirined himself in the
good ()pinky: of the Audience.—The House was
better attended than is usual on the first night of the
season.

The firit Division of the Royal i-forse Guards left
Dorchester on Wednesday seinnight, for S.disbury:
the second Division followed on "flturbd.ty, and tl‘c
third on Tuesday last.

L le 1? PO RD.

OCiU,:f7 OF KING',; BENCH, MAI i 6.

713 E KING 0.1. MA ?CA 614. ra

Isar. ERNKINE shewed Cause against this Rale,
which called oil Gaseley, the Mayor of Ports.
mouth, to site* Cause why a criminal information
should not be filed akainst him, for having refused
to indorse a warrant to apprehend au Oliker who
was on board a ship in the Harbour, and within his
jurisdiftion, and which Officer stood charged with
an assault of an outtsgeous kind on a female, in
the course,of his impresaing -some men at Gosport,
and fur whose apprehension Mr. Bingham, a Magi-
strate at Gosport, had issued his warrant.
The Cause which Mr. ERA; !NE had to shew was
this:—That when any complaint was made against
any Officer or man on board one of His Majesty's
ships at Portsmouth, or any other Harbour where
the Town was populous, and requiring the personal
attendance of such Officer or man, it was customary,
instead of issuing the warrant in the first instance,
td send. to the Port Admiral, or Commander on the
station, a message, stating the nature of the charge,
and requiring the attendance of the accused, and if
he was not forth.coming in a reasonable time, to
issue the warrant and apprehend him, for there was
no praftice here, or any where in England, which
placed any one in a situation above the law ; and
this praelice was not only justifiable, but laudable,
for in such a populous place as Portsmouth, many
tumults had been prevented by it : that it so hap.
pened in this case; for it so happened, as appeared
by the affidavits, that when the warrant was brottglit
to•Mr, Gaseley, the Mayor orPortsmouth,. he im.
mediately, instead of indorsingit, sent a message,
according to custom in such cases, to the Com-
mander of the ship where the Gentleman was,
against whom the complaint was made ; that he•
came on shore immediately, and appeared before
Mr. Bingham the Magistrate; that the whole corn.
plaint was laid before Mr. Bingham himself, and
heard by him, and that be himself dismissed the
complaint; and yet this Gentleman, who called him.
self the Reverend Mr. Bingham, and who was. a
Magistrate of the County of Hants, ,had thought
fit to move against the Mayor-of Portsmouth for a
criminal information, for not having indorsed a
warrant, when he knew that the suhjeil.mattcr of
that warrant had been heard and dismissed by him-
self, long before he caused this application. Mr.
Gaseley then added, what Mr. ERSKINE said he
could countersign, if that were regular, that he
had 06.211 occasions conformed to the laws, and per.
formed conscientiously the duties of a Magistrate.
Mr. BUR ROUGH taia, that the pradice of send.
ing for persons charged with assaults and the like
offences, when on board ships, instead of appre.
bending them with a warrant in the first instance,
was a necessary caution for the sake of the Service,
and to give the Commanding Officer an opportunity
of providing for their return after the'matter was
heard on shore, otherwise the -best men in the fleet
would be brought on shore by false charges, fabri.
cared by their own associates, for the purpose of
letting them escape from the ships.

Lord ELLENBOWOUGII said, that the fat% dis.
closed to the Court stated charges which Mr. Bing-
ham knew to be in substance unfounded,—He knew
of the personal appearance of the Officer before him,
and that he had rendered himself amenable to justice,
and came with an imperfed statement of a case be-
fore the Court, and suppressed fans within his own
knowledge, and therefore his Lordship thought the
rule not only must be discharged; of which there was
no doubt, but also discharged with Costs.
Rule discharged with Costs,