The Sun.
London, England, 1804-04-25 00:00:00

LOYALTY LOAN.

Mr. DENT called the attention of the House to this
subje6l, which he said was an extremely important
one, and thought of with much anxiety on the Con-
tinent as well as in this Country, involving our Na-
tional Faith with monied men, &c. He entered
into an history of the various causes on the Conti-
nent, and in this Country, of Loans, &c.. which
produced the scarcity of,Specie, down to the time
of the Loyalty Loan. He concluded with moving,
that the Resolution of the" Sth of December,- 1756,
on the Ways and Means, and also, the Ad of the
37th of the King be read, with a view of after-
wards having them referred to a Committee of the
whole House, in order to afford redress to the holders
of the Loyalty Loan.
Mr. VANSITTART replied to the Hon. Mem.
ber, and Mated, that neither by the Law, -nor by
any just principles of liberality, was the Nation"
bound to acquiesce in the claims of the Holders of
these Debentures. As to the Law, His Majesty's
Law Officers had' been consulted bit'• Ministers on
the subjeEt, and had given their opinions against
tbe claim; and as to liberality, althnugh he con-
sideud it a vtry amiable virtue for an individual to
exercise out of his private fortune, yet he did no;
ihink. Chancellors of the ExcheqUer were equally at
liberty to exercise it out of the National pulse.

Mr. BURROUGTIS contended, that whatever
might be, the legal construaion of the words of the
Aa of Parliament in this respeE, yet the Holders
of the Debentures had a most undoubted claim upon
the equity of Parliament to have the real meaningof
.their agreement and their bargain carried into exe-
cution, h was allowed, that the Resolution of the
House, upon which the money was advanced, and
the Aft of Parliament, differed ; but if this was a
case between individuals, and the deed should, by

a mistake., differ from the original Articles which
were agreeditipori, there would be no doubt but that
a Court of Equity would give Tedress, and compel
the execution of the agreement. He considered that
the Claimants in the present case had an equal claim
upon the equity of Parliament and the Country.
Mr. PITT said, that as he .had been a party in
negotiating this Loan, he felt hitnself called upon to
deliver his opinion upon the present subject. As to
the legal construEtion of the words of the AEI, al.
though the Attorney:General's opinion was one way,
yet there was also a legal opinion (Mr. Pigot's) the
other way. If the Aa would admit of two con.
strufflons, and one was contrary to the obvious
meaning and spirit of the agreement which the ACt
went to sanction, and the other was agreeable to it,
he should prefer tile latter construCtion. He consi-
dered His Majesty's Ministers had done what was
their duty, in consulting the Law Officers upon
the legal construEtion and •meaning of the At
ati it now stands ;, he did not think they. did
right in resting upon the legal opinions of the
literal construction of the AEI, against the equity
of the contract for which the law had been
formed. If he himself had been in their situa-
tion, he should have done, in the first instance,
what they have done—he should have taken the opi-
nion of the Law Officers of the Crown as to the con-
struflion of the AEI ; but if their opinion had been,
that the legal construction of the A.,(.1 was con-
trary to the spirit of the agreement which that Law
was meant to sanction, he should have felt it'his duty
to state to Parliament the mistake which had been
made, and call upon their equity and that good faith
which hitherto have been, and which ought always
inviolably to he preserved between the Parliament
and the monied men with whom they contract, to
carry into stria execution the agreement originally
entered into.
The CHANCELLOR of the EXCHEQUER
spoke at considerable length, and with great warmth.
He positively denied that the difference between the
Aft and the original Resolution of the House did
originate from any mistake ; and contended, that
the House should never be so fettered and bound
by one of its own Resolutions as not to be at liber-
ty to depart from it on more mature deliberation.—
He also mentioned, that it would be very inconve-
nient at present to comply upon so short a notice
with the claims of the Loyalty Loan Holders.
Mr. FOX could not consider the present question
as a question either of liberality or bounty in Parlia-
ment ; he thought it was a mere discussion of legal or
equitable rights. It appeared to him most clearly,
that, whether the legal construction of the AEI was
or was not favourable to the claimants, the equitable
construction of it was entirely in their favour.—
He agreed with Mr. BURROUGHS, in comparing
this agreement of the House of Commons with the
Bidders for the Loan, to an agreement made be-
tween mere individuals, when an article was signed
between them, but by some mistake the deed dif-
fered materially from the articles. In this case
equity and good faith must determine the contract,
according to the real meaning of the article, and
not according to the mistake which had crept into
the deed. He would not admit the Right Hon.
Gentleman's (Mr. ADDINGToN) argument, inconve-
nient ; it would never he admitted in a controversy
respetling right between two Honourable Indivi-
duals, for the Debtor to say : " Besides all the
arguments I have already urged, I tell you, it would
be very incolivenient for me at the present time to
pay you that money which I agreed to pay you !"
The CHANCELLOR of the EXCHEQUER explained.
Mr. TIERNEY, with a considerable appearance
of warmth, vindicated his Right Hon. Friend (Mr.
ADD rNGT6N) from the severe reflaCtions which he
considered had been made upon him by the Hon.
Gentleman on the other site of the House (Mr. Fox).
He was of opinion, that if the House agreed to the
Motion which had been made this night, it would
embarrass the Minister very much in the Loan that
he was to contract for to-morrow. He therefore
opposed the Motion.
Mr. CANNING replied to .Mr. TIERNEY, and
-supported the Motion, which he conceived the ho-
nour and good faith of Parliament, and the Nation,
was called upon to adopt.
Mr. ILTHQRNTON, in answer to some obser-
vations that had been made by Mr. ADDINGTON
and Mr. TIERNEY (who stated, that it was but a
small portion of the holders of those debentures who
wished to he paid at par), begged leave to assure
those Gentlemen, that every holder of such deben-
ture must wish to be paid at par, as those debentures
are 'now 61. below par, and would rise immediately
to tar, if the present Motion were adOpted.
The ATTORNEY.GENERAk vindicated at con.
siderable length the legal opinion he had given upon
the question, and opposed the claim of those on
whose parts the present Motion was brought, as
neither founded in law or in equity.
After a few observations from Mr. MORRICE
and Sir WILLIAM.PULTENSY,
Mr. DENT replied to the observations of those
who spoke against the Motion.
After which the House divided,
For the Motion
Against it

- 70

- - 100

Majority -
Adjourned at a quarter before Eleven.

From the LONDON GAZETTE, April 2.4, 1804,

At the Court at the Queen's Palace, thq 734 of
April, 1804.; Present,
The KING'S Most Excellent Majesty in council.
His Majesty in Council was this day pleased to
appoint the following Sheriffs, viz.
LEI CEET E R S H IR E —Henry Otway, of Stanford-Hall, Esq.
MoNmou r kis Eititz--:Witiiatri Adams Williams, Of Llangib-
; by, Esq.
SAL°P—Robert Burton, of Longnor, Esq.
SUFFOLK— Sir Robert roclairVon, of Chelswotth,
•

~"1

~3

And His Majesty _was also pleased to ma
following Amendment upon the Roll :
GLAMORGA —Richard Tuberville Piaon, of E wenny, Esq
made Itich.Tbrbervill Turbervill, of Ewenny Abbcy* EA.

Dawning-street, .4041 22.
DISPATCHES, of which the following are Copiot
were this day received by the Right Hon. Lord
Hobart, one of His Majesty's Principal Secretaries,.
of State, from Col. John Fraser, Commandant or
the Settlement of Goree, on the Coast of Africa.
Gorce, Africa, February 5, 1804.

MY LORD,
On the rich of January, about noon, a Negrl,
arrived from Yoff, and repotted; that a Fleet had
been seen from thence that morning, at day-light,

and appeared to be standing for Goree. ilk
Before two o'clock Vessels were seen from the
behind Cape Emanuel ; near four they came round
the Cape; the Squadron consisting of cnse Ship, car-
rying a Commodore's Pendant, and five Arnica
Schooners, with Pendants, all shewing French Co..
lours, and with large Boats towing atter them.
The Commodore fired a gun, and hoisted a,r-or
flag at his foremast-head, which we have. since '
learnt was meant as a signal to us, that ita..case
attack during night, no quarter would be given., ,„;
About sun-set the Squadron tacked, and.
dark was near the Anchorage, standing in. dew
The Inhabitants having agreed to assist jo
e-
fending the Island against any attempt that slinu7
be made from Senegal, and being of opinion that
the present Force was of that nature, suchapeasurc-
were taken as appeared most likely to
Enemy from landing during the night. All the.
Arms that could be procured were acco:alinglY is
sued to the Inhabitants, who, with the Garrisons.
were stationed at the different Posts round tile.
Island. The moon set at eleven, and affOiriLlt-
mained in the situation described until about tot—
o'clock on the' Bth ; when shortly after I had I,e:
turned to the Beach Battery from visiting the
a fresh firing commenced on the East Side of
Island from Boats, and at the same instant'
Schooner came in sights standing diredly for
Beach ; a strong and well.diretted fire of great
guns and musketry was imtnediately`onened
her, and the people on board, being either Waun
ed, or driven below, she drifted on/shore. In „II
mean time the Boats, to the number of eights
of Troops, had unfortunately effected a landing 011,
the Rocks to the East Side of the Town, where.the
surf happened to be unusually low, and having Ovefr •
prevent the,
come the Force which was opposed to them,. thef
had penetrated through the Town as far as thc`.
main guard, of which, after being once repulse°',.
they gained possession, making some .Prisoners..
1.
The inhabitants having given way pearly, on, 21,
sides, and the enemy being now in such forea.oo
right, it appeared adviseable to form a junaion,w
ad, e
''
the Soldiers in the North Point Battery, where t,
should retain the command of the beach, anal be re
to check any further attempt to land, until some itr
formation could be received of the strength and °I;
tuation of the Enemy, to enable me to kidge I°3'
ought to be done. loCk
The firing continued until towards six. 0 c Jed,:
when, being yet uncertain what number had I,`lnnose
and in hopes that the main guard was the 001 Y ,_r at,
held by the Enemy, I direded that it should De
tacked by the Soldiers I had with me, which
executed with greatalacrity, and the post cart
with considerable loss on the part of the Enlc;
on our side it was less as to numbers, but I lost
assistance of a 'very gallant Officer, Dr. Heddles ben
shot through the breast
,in the attack, Wilevy
Capt. Lloyd was also slightly wounded. We ne.,l
learned that the Enemy had possession of themes,b"
where Capt. Lloyd proposed to attack them, a t
sure I should gladly have adopted ; but the day v-e-e
ginning to break, we had the mortification to s
them appear in such numbers as left no room to arllc;
pose there was, any probability of success, force
being reduced by killed, wounded, and Prisere:
to about twenty-five Soldiers, Capt. Lloyd,
Christie, and myself. At this time the EnertlaYnci
Vessels were standing closer in, apparently t.._° Ineit
a reinforcement ; and the inhabitants, seeing r fee to
Colours on the hill, came to me, askingjeavd to
treat. Under these circumstances, and okrbee
the Enemy's fire on all sides, further resistee
1
peared vain; I therefore felt it my duty i° 01"
with' the request of the inhabitants, and sen,t,t ion:for
fiver with them, proposing terms of Capital chc
the Garrison. The Officer Who ccantuan'octot,
Storming Party having been killed, the ant. who,
terms were verbally agreed to With the set-1030ov
survived, to be communicated to the CnlP„Aill be re'
of the Squadron ; until his answer 00' a the
ceived firing ceased, and we continued,
Battery. n a td
The Terms of Capitulation being e00"--C,
the Commandant Mahe, the Soldiers grouiidecit •
arms, and the place was surrendered. e coo'.
We were informed, that the Enemy's fore .014 c
sisted of four Schooners, which had been ficl44.
at Cayenne, and supplied with Soldiers for tbe ic;
pose of attacking Goree ; that they had toucheot
Senegal, where they had been furnished witb,Siets,.
tional. Boats, Pilots, a reinforcement, of S°'
hact men
and another Schooner, and where they f
Sent'
joined by the Ship, which happening to calla' the
gal, was put in requisition for this Expedition 'alts,,.
Squadron altogether carried upwards of 60 gjed ;
occup,
and boo men, about 240 of whom had been la_ ,11",.116,
the whole under the command of IVionsieur.l4olooc
Lieutenant de Vaisseau, the Commodore's p.e
having been hoisted only while corning 10,.19Ythcif e
Captain of the Ship, who had held that rank jq
Navy during the late War. white
On the evening of the action, we
men, including Officers, and 'although the e cone
Major was the wily one who was not able
• considered that se b.,
upon the Batteries, when it is consi ~ed
had .I.frie„t,
of the men, worn out by disease, and
rot ex
accidents, were incapable of making any he
made in the night, it was necessary toedi
ertion ; that uncertain where an
_i_ffe Pos,,tds I
to
force very much to occupy the "1 •
King to
hope and trust it will appear to our , no
the . _ its
our Country, that the Garrison. I had
discharg p
command did not submit without -
duty like British Soldiers. dy on SCVCrai (AO'
Captain Lloyd, who had alrea attack ;ab;
01

L
SiOnb bCCII Mentiooea as 3 LiCi.erving nela
here and at Sierra Leone, continues to merit very
great praises Dr. Heddle having proposed seine
time back to do military duty, I gladly accepted his
offer, and he has given me great assistance ; his
wound, which was at first thought to br.. mortal,
having taken a favourable turn, I am now happy to
think he will ,recover, and I earnestly wish to re-
commend him to your Lordship's notice, as distin-
guished by his conduft on this occasion, and also by
his attention to his medical duties since we came to
Africa. I have the honour to be,
(Signed) JOHN FRASER.
Right Hon. Lord Hobart, &c. &
Our loss consists of t Drummer, S Rank and File, killed ;
2 Officers, 8 Rank and File, wounded. -total 19.
Of the Enemy, according to the most correct accounts I can
procure, 3 Officers and 4o men, killed, or since dead; 2
Officers and upwards of 3o men, wounded. _Total 7S.
TRANSLATION.
Goree, Africa, Yan. IS, ISO 4.
The French being in possession of the hill, the
Squadron being ready to land more Troops, a con-
sidelible number of men being killed and wounded
on both sides, and farther resistance offering only
Ike prospeft of occasioning air unnecessary effusion
of blood, the following terms of Capitulation were
agreed to:
Attar. I. The Island of Goree, with its Dependencies,
Shall be delivered up to the French Government as it now
stands.
11. The British Garrison having laid down their arms in
the North Battery, which they continue to occupy, shall be
furnished, without delay, with a sufficient vessel as a cartel,
to carry them to Great Britain, Colonel Fraser giving his pa-
role of honour for himself, his Officers, and Soldiers, not to
serve during the present War against the French Republic,
or its Allies, until regularly exchanged.
111. The Officers and Soldiers shall preserve their baggage
and effects, Which shall be embarked with them.
IV, The inklabttal!ts shall retain possession of their pro-
perties, Without prejudice, however, to any orders to the
contrary which may hereafter be given by General Blanchot;
Commandant and Administrator-General of Senegal, and its
Dependencies.
Agreed upon and executed in two Copies, to be ex-
changed between us, the day and year already melt..
Cloned.
(Signed) ;OHM FRASER, Col. Afr. Corps.
MAHE, Lieutenant de Vaisseau, and
commanding the Division.

III: Loan,
On the 18th of January in the e'eni, the British Soldiers
*ere embarked embarked on board the French Squadron, until a cartel,
thould be made ready for them. On the tad, the Officers
and Soldiers went on board a Sloop, which was sent as a
cartel hySenegat,where a larger vessel was preparing
them to England. 1 art very to caerY
sorry to add, that notwithstand-
ing the Articles of Capitulation, the Inhabitants, Officers,, h
and even Soldiers have been shamefully pillaged.
I have-the Honour to be, &c.
JOHN FRASER.
,
LIST 0/ Tilt TRSNCit SQVAImoN.
01/iSiOO from Cayenne, having on board Troops from the
Bth Derni-brigade, and from the Cayenne .Volunteers.
Schooner La Vi 1C M. Mah6, Lieut. de Vaisseau, Com-
Mandant, 2. guns, 14 swivels, and go men.
Schooner La Renomm6e, Citizen Renaud, 14 guns, and 87
Men.
• Schooner Les Arnis, Citizen Baudrier, t 4 guns, and 85 men.
*ehooner L'Oiseau, to ns men.
/torn Senegal, with aDetachment oft the 46th Brigade, La
Rosalie Ducraneau, Ensign de Vaisseau, 2 guns, and
.30
men.
from Rochelle, the Ship L'Oncle Thomas, Papin, di-devaut
. Capitaine de Vaisseau, 2o guus, and 230 men.

MAILS.
.
HatubUrgh 1)131"
- X.
ARRIVD.
-

'PRICE OF STOCKS,
:iti:a DAV 4T T W ALT X CL CT . consols
56k

IT is to 'wiped illat iti tLe midst of the enuita-
clot, kill people Must feel at the immense Mi.
.no'rity of Mbridiy, it 'will not be fOrgotten that
Mr. YOR'KE is this day to bring forward a Measure
(the 'Suspension of the Army of Reserve), which
Mr. PITT,. Mt.' Fox, and Mr. WINDHAM con.
cur in Opposing, and which therefore may be ex.
pelted to furnish another proof of the efficacy of what
Mt'. TIERNEY calls " the union of all the great
talents in the Country." Even allowing for those
Members who have urgent calls out of Town-, the
Division upon . this Question will probably be
greater than that upon Mr. Fox's Motion.—The
Minority in the House of Lords has increased con-
siderably : the Division of last night on the Irish
Militia Augmentation Bill was, for the Bill 94,
against it 6t,

Yesterday, about one o'clock, HER MAIESTY,
and four of the PRINCESSES, attended by the Coun-
tess Of CARDIGAN, and Lady CRANLEY, took an
airing by Putney and Fulham.
His Royal Highness the DUKE of YORK is app
pointed Ranger of St. James's, Green and Hyde
Parks, in the room of the Fad of EusTort, resigned.
• The Gazette of last night contains His Majesty's
Proclamation for a General Fast, to be observed
in the Kingdom of England and Ireland, on Friday
the zgth of May next; and a second Proclamations
appointing the 7th of June next the Fast Day in
Scotland. It also tontains an Order of the King in
Council, permitting the importation, into the United
Kingdom, of Hides, -Calf-skins, Horns, Tallow,
and Wool, in Foreign Vessels, at the usual duty.
The Earl of CHATHAM had an audience of •His
MAJESTY yesterday for a considerable time.
Yesterday morning Mr. MANSFIE.LD was sworn
in Chief Justice of the Court of Common Pleas, be.
fore the LORD CHANCELLOR, at his house in Bed-
ford-square. About twelve o'clock they proceeded
in his Lordship's carriage to the Queen's House,
where his Lordship introduced the new Judge to
His MAJESTY, and he had the honour to kiss His
MAJESTY'S hand.—Mr. MANSFIELD received the
honour of Knighthood.
Sir T. MANNERS SUTTON, it is Said, Succeeds
Mr. MANSFIELD, as Chief Justice of Chester. Mr.
DALLAS, it is added; succeeds Sir T. MANNERS
SUTTON, as Solicitor-Goieral.
LUKE WHITE and Co. have taken that part of
the Loan for the service of Ireland which was to be
raised in Ireland. They have taken it at 89; 5 per
cents. The amount is 1,500,0001,
Mr. STRANGE, SOn.in-laW to Lord MELVILLE,
is returning to India, and has, in consequence,
taken the Chiltern Hundreds. Lord ALTHORPE is
gone 'down to Oakhampton, for which place he is
expeded to be returned without apposition.
An incorreB list of the First Brigade of Volun-
teers, on the loth of May next, having been given
in some of the Papers, we present our readers with
a copy of the arrangement, as settled at Loid Halt.
RINGTON'S.

Bloomsbury and Inns of Court, Lieut. Col. Cox.
St. James's, Lieut. Col. Lord AMHERST.
Royal York Mary-le-bonne, Lieut.-Colonel Lord DUN

CANNON.
Prince of Wales's! .Lieut. Col. M. P. ANDREWS.
Temple, Lieut. COl. ERSKINE.
St. Andrew and St. George, Lieut. Col. READER.
.Gray's Inn Riflemen, Captain•Cootta.
Duke of Cumberland's Sharp Shooters, Capt. B.kaßElt.

To-morrow the Royal Westminster Volunteers
are to parade at nine o'clock, with great coats, can-
teens arid haversacks, and one day's provision, to
march out of town, to pradibe firing with blank
cartridge.

Yesterday the Dispatchei by the Ship Bengal,
Capt. Cu MINE, for Madras and Bengal, were finally
cloied at the India House, and the Purser proceeded
to join the Ship at Portsmouth.
Passenger for Bengal—Mr. Parr and Lady, Mr. H. C.
Smyth, Captain Thomas Penson, Lieutenant Cunning-
Nine, Messrs. Venour, Munall, Hardwicke, Rodbu, Dou-
g/as, Whish, Robins, Frith, Maddock, Young, Walker,
Ramsay, Turner, and Bathurst; and Miss Wroughton.
For Madras —Lieutenant-Colonel Philpot, His Majesty's
77th Regiment, and Lady, Messrs. Jenkins, Bayly, Gor-
don, Dundas Regaud, and Clubby.
•

We are sorry to hear, that the Company's Ship
Britannia had not arrived at St. Helena, although
she had been near twenty weeks from England,
loaded with the necessary stores for the Island.
Passengers by the Devaynes—Lieutenant-Colonel Sims and

Car: SALMOND.
BREAD.—Yesterday the LORD MAYOR ordered
Bread to be reduced one penny in the Peck Loaf, to
commence and take plan to.mortow. The Qua rtern
Loaf, wheaten, will then be sold for B,ld. and House.
hold 6,0 ,

The Stone Expedition seem to be quite aground,
and will probably float uo more, even upon the sea of

runvm r.

The comparison of the present Ministry with
" giants refresh'd," spews that the 'wings of fancy
are not to be depressed by a 'woolsack. It was a
flight, indeed, much above the rank of ordinary
opinion, which rather rates them as exhausted
pigmies.

-iftb.W'.-The Court of King's Bench was occu.
pied principally yesterday with the Case of Bating v.
Christie, which has been in Westminster-Hall near to
years. The Court postponed delivering judgment, and
said they would take it into further consideration. It
being Paper Day there were very, few motions. The
most interesting of them was a Motion made by Mr.
MAR R Y AT for a Habeas Corpus to have an Apprentice
brought up who entered into the Naval Service.
The Motion was made on the affidavit, and on the
part of the Master of the Apprentice, who, as was
admitted, entered voluntarilY into the Service. The
Court refused the Motion, saying, that the Master
might bring an aEtion if be pleased ; but the Writ
of Habeas Corpus wasgr.intable only where
.the
party for whom it was sought was himself aggrieved,
by being detained against his will.
No. 337, rozol. first-drawn Ticket in the
present Lottery, entitled to One Thousand and
Twenty Pounds, was sold in the following Shares
TwolQuartets, two Eighths,r and four Sixteenths, by
Hot nsby and Co, No. Js