The Sun.
London, England, 1804-02-07 00:00:00

LONDON, FEBRUARY 7, 1804..

YESTERDAY Ole' Judges of the Court of King's
Bench delivered their Judgment in the Case of the
KING v. DowLEY, a Case particularly interesting
to all Volunteers. The Judges were unanimously-
of opinion that a Volunteer, unless he has entered
into an express condition to the contrary, has a
right at any time to resign, without permission
being either asked or hal from his Commanding
Officer ; and as Mr. DOWLEY, who brought his
.'case before the Court, did not stand under any such
limitation, they ordered that the Convidion against
him by the Magistrates, under which he had been
distrained upon for Fines for, non-attendance, after he
had given in hisßesigna don as a Member oldie South-
wark Volunteer Cavalry, should be quashed. It may
appear presumptuous in us to..offer an opinion upon
a Decision of the Court of King's Bench, but w e
may venture to say that the Judgment pronounced
yesterday, was anticipated by every man who had
.
read the Ads relative to the Volunteers, or who had
bestowed any attention upon the suhjed. Zealously
attached as we are to the Volunteer System, front
a conviction that under proper guidance it would
enable this Country to bid defiance to the attacks:
• even. of confederated Europe, we cannot but la'

meat that the question of Resignation should eve
have been agitated. The great strength of the
Volunteers does not consist so much in their MO'
hers as in that ardent spirit of Patriotism by
which they are actuated, and in the convietion
which they must feel that this Country is en-
gaged in a contest, upon the result of which
depends not only our prosperi.y, but our existence.
In such a cause, men have much stronger mo-.
tives to induce them to stand forward than

even the provisions of an, Ad of Parliament.
What the nature of the Bill which is to be propose!,
by Mr. YORKE to-morrow is, we do not
for we cannot give the slightest credit to the f"
ports we have heard upon the subjea, but we too;
it will not, by nuiltiplying compulsory regulations'
evince a want of confidence in men who have i°l°ll-
- made such sacrifices fur the del-enc.. at thr;t
King and Country.

THE following Capitulation, providing for the
Evecuation of St. Domingo by the French TrOOPS, is'
drawn up in a spirit of moderation which A 0,3 great
honour to the Black Generals. When we consider
the causes for deep and ardent resentment which
the French have uniformly given to the Blacks sine
their landing in St. Domingo, one cannot but ad'
mire and praise the temper which they have (lisp
played upon this occasion.
of
ROCHAME EAU, it appears, had some hopes

making his escape after he had obtained the Per'
mission of the Blacks to embark with the realna°
• of his Army, but our Sq'vtdron was much too-4t•
lant to allow such an expeaation to he realized.
CAPITULATION OF CAPE FRANCOIS, --•-tie
Agreed to by General Roe AMBEAU on the part of the
French Army, and General DESSALIN ES conitnandifltoli'
Black Troops, or, as they are termed, " l'Arniee•'
gene."
This day, the 27th Brumaire, of the T 2th Yef,if
according to the French ta, and the r9rh of 141-1;
vember, 1803, according to the common aura,
Adjutant Commandant DovErtrEp., having re'
l-
ceived full power from Gen. Rock! AMB EAU, CO
or
mander in Chief of the French Army, to treat
the Surrender of the Town of the Cape, and JEAN
Vf
JACQUES DESSALI N ES, General of die Native Art
being also authorized to treat on the occasion,l'a -
agreed on the following Articles, viz.
ontlept
Art. I. The Town of the Cape, and the Forts de:", to'
'
thereon, shall be given up in ten d-ays, reckoning tl°'-.4 in
morrow, the 23111 of Brumaire (Nov. iB,) to the Gala
Chief DEssAtixr.s. Arsc'
Art. 11. The Military Stores which are now in the „-;,- rtss
nals, the Arms, and the Artillery of the Town and 0)
sh:111 be left in their present condition. voril
A. 111. All :he Ships yr War, and other Vessels got
shall be judged necessary by Ge;I: Roc A mstAb,
removal of the Troops and Inhabitants, and tor the P.° Icci•
tion of the plate, shall be tree to depart on the day appoi: the
Art. IV. All -the Officers, Military or Civil, ettte
Troops cornpo,ir. t•,e 6arrison of the Cape, shall leav tvit
place with all the Honours of War, carrying with theo,„tpio
A rots, and all the private Property beloNging to their 11'
brigades. 2 cocop'
Art. V. The sick and wounded who shall not be in,
ditiori to unbar*, shall be taken cafe of in the hospita'st'o e
r
their recovery ; they are specially recommended to the D
tatty of General DE s s LiNrs, who will cause them
embake:dl. orance in neutral vesels.
Art. GeneralV DESSALINES,s
in giving the ass ;V,
of his protection to the Inhabitants who shall rem:6ll2_l'oe,
Country, the same time upon the justice of
Roc FLA MBEA .o set at liberty all the Natives ofth ce01:
try (Whatever may be the:r colour). as they cannot
strained, Ander ;any pretext of right, to embark"voL.l,l
11
411
'
tench A r;ny
Art. VII. The Troops of both Armies shall re
reL. eetive positions until tne trait day alter ti'e
tore liereo, whieli is the day fixed on f the e:ac"3.li
Cape
A. VIII: The General in Chief. RocttAmDn A 'll
ass hos'o.igc-, fort observance ot the p
is the Acijutant U:z 13 AIN DE VA UN.
t',) 51,1101 i tilC (; iti };ref, 1.3 Will
01:11C
•

T*o Copies of this Conventif3ri are hereb• mecutert
striel faith, at the ileati.quarters nn the kieiY,lits et the Cape,
un the day, 41011th, a!td year afort,aid.
(Signed) DUVEYRIER.
DESSALIN ES.
The total of French Prisoners in Jamaica ex.
seeds bOOO, including 967 Officers of all descrip.
tions on shore on their parole. Every exertion
was making to get the Prisoners sent away, but
there was a difficulty in procuring Shipping which
Would occasion some delay. Considerable uneasi-
ness would continue to be felt while they remained
at Jamaica.

A Commercial intercourse would probably he im-
mediately established between Jamaica and St. Do-
'bingo, but any permanent regulation for an inter-
course is a matter of the greatest delicacy and
rttlry. Upon the wisdom in which it shall be formed
will probably hang the fate of all our West India
Colonies ; but as the failure of the French attempt
to subdue St. Domingo has long been foreseen, and
was by us foretold upon the sailing of the Expedi-
tion, it is a subjea which, we have no doubt, has
deeply engaged the contemplations of the British
Government.

__...__.
tits MAJESTY did not_ _ take his usual exercise in
, the Riding Howe yesterday on account of the
-
---tiverit of the cold.
They.,tE:i and Pitz:tcrssEs AUGUSTA and
ELIZABETH, attended by the Countess of HAR-
CuURT, took an airing by Mus-well of
•
PRINCESSES MARY, SoPHIA, and AmeerA, at-
tended by Lhly THyNNE took an airing gin a
Coach tlnd four about twelve o'clock, and returned
Lbout two.
Yesterday
tr ay the DUKES
aid Cof CUMBERLAND, KENT,
ANILItooz, breakfasted with their IVIAJES-
TI Es. PR INC ESs SopinA of Gloucester vii.tvil the
Pe. tbrcess AMELIA.
Yesterday morning
in town from the DUKE of YoRK arrived
Oatiinds, and had an audience of
Ills NlAnisTr.
'Yesterday, at one o' clock, 'Mr. ADDINGTON
time• had an audience of Fits MAiksTY for a considerable
The PRINCE of WALES, we rejoice to hear, is
much better, but he has been ill enough to awaken
the apprehensions of all about him. The accounts
yesterday were of a more satisfadoTY nature than
days. The anxious in-
/
hose of the rwo preceding
quirles at Carlton House were, on Sunda and yes-
terday', out or number.
Yesterday the Dispatches for Madeira, Coast and
Bay, by the extra Ships Ea rn., and Si r 11.,,, 1I t 4
.6 ky ,
India House, and de_-were finally closed at the
East
livered to their respeCtive
Pursers.
PASSENGERS YEA FAH,
For Ceylon--P. Del.Atie and Deno..
For Bengol—Mrs. Clarke, APss Clar.k _ ae. d Iklss Amelia
Ben ; Messrs. K. Pereevai, ill. ce'weribbt, T.
Owen,
• Towd L• 1)• lid], Cdtlet:i.
;‘.l,
~t dr a s --'dessrs..r. W. Ellis, W. Isaeke, J. stack, and
eickeong, Cadets.
PASSENGERS PER SIA WIC LITNSLLY.
for Bengal --illes,rs. A. Waide, F. Remington, R. F. Pur-
vis, (:. il Alley, If E. Page. and 1. Mansell Cadets
Tor 41.,nras---ssrs.•A rench, j. W. Frith M. G. O'Co.n-
Jim', I. I. O'Dennaghoe, and S. G. 111arahaill, Cadets.
The following is an accurate List of the Officers
of the late St, Domingo Army, arrived at Ports-
ineurli :
ROCtiANIIILAu, General en chef.
LA Poy??., General of Divis
PAGET., General de $r iQn.
I3oys, Ditto. '
Ds RUAue-r, Adjutant a la Guard d
Di; VERRIE, Chef de Etigado. de la 'Honneur.
Foype.
Ftrax, Chef d'Artillerie.
ItizyNA en, Officer de la Guard d'Honneur.
o.GoemArv, Adjutant aid Aid-de-carnp to the C;en.en Chef.
ALE[xic, Secretary and Interpreter tothe Gen. en Chef.
PoNtAtstz, Secretary to do.
Le CLERC, Engineer.
LA YOVII,R,. Lieutenant, Nephew to General LA POYTE.
4 sCU
S ,
Adjtztant de command, and SECIIE, an Oilicer of
rank, that were to
tionnaire, did not emba have
.m coe to England in the Revol u-
rk
The above Officers arrived in the Revolutionaire,
abciv e twenty arrived in the Cuntterhi&d, among
who
-11 l were
..General &HANNAN, Commodore
12_A. ill
and Colonels Commodore and LEG sy.
iuthwYas'actelcit.te),&,s_einetytwo
cCulii,esterfield, for, whicliplace
By
rile tlest-;(r's'filrorn
...at 1. set out on Sunday.
iniaara, it appears that above
gOOO persons, inchidinj
monivestiand settlers, arrived
Iron. St. Domingo.
and T_roops were the
remnalt of all those Gerinatt
entrapped by the Chief Piles who were
Consul, and sent from the
Mediterranean to rise West Indies. We understand,
that they have to a man, volunteered into the Ed-
t_ish servite, and have been received into our 60th
R..egiment• General Rocit AM BEAU had rendered
hiinself so ohnoxioz:s to his own Army, that lf
on IS
arrival at Jamaica it was neces\ary that he should be
. oiled under an escort to his lodgings, to save
him from the fury of his Of&ers.
---- _Tile Govern of J i lii-a has issued a Proclama-
tion 'Of the- 25th I\lnift:'nll4.e-r' last, for colleeting all
.Emigrants 'and 0,,.; ' ' ;''in ' .
-,r slaves, not employed cultiva-
tion, and ceriifitd as p,.o,,,,,subjeas, and was sending
fern in transports to Louisiana. The Governor,
ilowe ver, found it necess.iry to issue a second Procla.
Illation, in copse t 1
of several of these boa,..st Gen-
tlemen who had contraCled debts to a Considerable •
amount having given in their names to go off with
their property and slaves. second The operation of this
Proclaniation will aply prevent this specious
Mode of swindling.m
Tile Revolutionaire has brought over upwards of
,4. 00,000 dollars, the property of different merchants
In the Nest Indies. The number of dollars in pos-
session of the Officers, is said to amount to near
200,000 more. During her passage she had very
tremendous weather, and was in donLidecable danger
of foundering. -
At the Lok.DLr tuTENANT's Levee at the Castle,
on Sunday lasr, his Excellency conferred the honour
°I Knighthood upon CApt. Davin OGr LEr y, of the
Madras Army, in consideration. of his zealous and
meritorious servces to his Country during the long
Pe'iod of 22.1 yeitTS in the East Indies.
n The Rev. Gror.ce ilt/RR4ao, A.M. Chaplain in
'',l4',lry to Flis NIA : a st_y, has beer, presented by
toe Lotto CRAXC ELL R to the Vicarnge of
s .
!°ll Tyas, is yorksitt void by the death C•
~..•_ ,
V4-r.o‘. . •Middle.
••