The Sun.
London, England, 1804-01-25 00:00:00

NAVAL NEWS.

PLYMOUTH, JAN. 23.—Arrived the American
Ship Sujjk, of Richmond, Capt. H. MooRE, from
Virginia, for orders. She first touched at Falmouth,
and sailed thence for Bourdeaux, where no commu-
nication with the shore was permitted, on account
of her having touched at an English Port : sailed
again to Falmouth,. and thence returned to Bour-
deaux ; but the same cause existing there as before,
she tailed for this Port, and is now performing
quarantine.

Arrived the Imp eriease Frigate from Oporto ; and
Northuwherland, of 7¢ guns, from Bantry Bay, where
she left the S,partate, of 7•} guns, Capt. MANLEY,
which has been for some days past considered a
missing Ship.

Arrived also L' Aigle Frigate, and Rambler Sloop
of War, from a Cruize.

PORTSMOUTH', JAN. 24.-Arrived the Brothers,
BAAR, trom Jamaica ; Cumberland and Chicleerier
Men of War, from the West Indies, and the Hydra
Frigate, from a Crtlize.
Sailed the Sylph Sloop of War, on a Cruize, and
Pheasant Sloop of War, with the Ardent Transporr,
with Troops under Convoy, for Gibraltar.

DEAL, JAN. 24.—Came down the Zebra from
the Nore.
Sailed the Leda for the Nore.

Arrived and sailed for the River, the Isabella, Green, from
Charlestown ; rarren, Hill, from St. Kitts; Good Intent,
Melville, and Ardent, Jennings, from St. Lucia ; Nymph,
Johnson, from Trinidad ; Hero of the Nile, Abercrombie,
Severn, Watson, and Le Mercury, —, from Tobago ; and
several others from the Leeward Islands.
In the Downs—the Monarch, Utrecht, Immortalite, Seine,
Brilliant, Arab, Champion, Perseus, Autumn, Bonnetta,
Harpy, Merlin, Speedwell, Zebra, Archer, Basilisk, Jackall,
Locust, Starling, Mariner, Abundance Store-ship, Deptford'
Lighter, with the outward-bound as per last.

Dovtrlt, JAN.' 24.---rAs a Pilot-boat was going off
with two Pilots in her, to two Ships this morning,
she unfortunately struck against the Pier-head, un.
hooked her rudder,, and got out of her coarse : the
sea being Very wash, she stove, when one of the
Pilots (Mr. STEPHEN jEpPRITS) WaS .drowned,
leaving a wile and seven children to lament his loss ;
the other Pilot, Mr. fonctss, was restored by the
means recommended by the Humane Society.

COVE OF COAK, JAN. iB.--His Majesty's Ship
Apollo, Capt. DIXON, arrived here this_morning
from a Cruize. A Ship from the East Indies, an
American Ship, and a .Brig from Liverpool, with
the loss of her mainmast, also came in ; the wind
blowing a gale at the 'time' of their arrival, neither
of them could be boarded. The West India Fleet
did not proceed to sea yesterday. It was very for-
tunate that the breeze had not blown with sufficient
freshness to induce the Convoy to get under weigh,
as the wind shifted in the night to the S.W. and
has since continued to blow a %rely hard gale, attend-
ed with squalls and rain.

pleasure to announce the safe arri-
of the East India ship the Experiment
Ifrrati):lllreThCh>oamrvbkea
y.
Captain CARNECIE sailed from thence the Bth
of September, and from St. Helena early in Novem.
ber. Parted company with the Marquis Wellesley
extra ship from Bengal, since arrived in the South
of Ireland.
who was Commissary General at
The Experinieirt's dispatches were in charge of
1 ..'
A
In cinSequence Or several French Privateers Mther.CPagpLirc E,
hay-
ing lately been seen cruizing off Teneriffe, with the
view, it is supposed, of falling in with our `Vest.
India Fleet, the Lords Commissioners of the Mini.
rainy have ordered Admiral CoxtrwAt4, is to send
immediately one of the largest anti fastest sailing
Frigates to cruize off the Western Islands, in order
to proteft our shipping, and to capture any of the
French Privateers they may happen to fall in with..
The Firgard Frigate has also been ordered to the
Canaries, and to stretch from thence to the Coast
of Africa, in quest of these Privateers, should they
appear in that quarter.

The Seagull, of 18 guns, the Plover, of 18
guns, and the Kite, of 18 guns, have been ordered
to have their defeas made good at Plymouth imme.
diately, for the purpose of being sent to the French
Coast,

EcLI PST.-There will be a visible Eclipse of the
Moon to.morrow, which will begin at '44 minute;
31 seconds after seven o'clock in the evening. The
time of greatest obscuration will be 5+ minutes and
second after eight ; and the moon will be quite
free from the earth's shadow, at 3 minutes 31 se.
conds after ten. The eclipse will be visible to the
inhabitants of Europe, Asia, Africa, and the East.
ern parts of America.

On Thursday night last, during a tremendous gale
of wind from the S.W. considerable damage was done
to the roofs of several houses in the city of Gloucester
and neighbourhood. From various parts of the
country we have heard of turf being torn up by
the roots, &c. At Worcester a fatal accident was
occasioned by a stack of. chimoies falling on the
roof of a house occupied by Mr. HAAR Is, Attorney ;
in one of the upper rooms where the nursery maid
was in bed with two children, a beam fell upon her
neck anrd-killed her'. upon the spot ; the babes escaped
Urdlurt.-

Thc,,gale.rs Thursday evening blew so violent at
Sisyletou, that it . forced down a great part of the
wall at the French Prison, in consequence of which,
one of the Royal Bristol Light Horse was sent off,
"press, to Bristol, and a guard of fifty men arrived
at Stapleton'in the space of three or four hours.

BRIGI(ITON, JAN. 23.

DURING the night of Thursday, the wind blow.
ing briskly from the S. W. the tide, though at neap,
flowed as high, and more completely inundated the
strand here, than is altogether usual when at full
spring. A darge fragment of the cliff, to the east
of the half-finished Crescent, undermined by the
water, fell in, and was partly washed away in the
course of the night, leaving a chasm in the road
which leads to Ruttingdean, dangerbus to pass, and
frightful to behold.
One of the French lugger-rigged Privateers, which
we before noticed a 3 having appeared in this part of
the Channel, we have the satisfalion to hear, has
been recently captured by one of our Cruizers. She is
commanded by a Frenchman, of the name of SAL.
siAToR, wit° was the Commander of the Bonaparte
Packet, which sailed to and from this place and
Dieppe, during the late few months cessation of
hostilities, and is well acquainted with this part of
the Coast. SALVATOZ had the command of a Pri-
vateer last War, and many of our trading vessels
and colliers in the Channel were, during that time,
concluded by him into the Enemy's Potts.
The Payee, yesterday, attended by General.
CHURCHILL, &c. took several turns on the Steyne,
and was present at the afternoon parade, of the Sussex
Militia, ere he returned to the Pavilion to dinner.
A Ball and Supper, on a most extensive-and superb
plan, it is said, will be given at the Pavilion, by
His Royal Highness, on Wednesday next. Two or
,more Royal DUKES, with a numerous assemblage Pi
the first Nobility, it is also said will be present on
the occasion.

On Saturday last PRINCE WILLIAM of GLotr-
cERTER reviewed the Earl•of CHESTER'S Regiment
of Yeomanry, commanded by Cul. Sir JOHN
LEI-
CESTER, in Tabley Park.

The Pa I arc a, who had been spending some days at
Tabley, appeared upon the ground at eleven o'clock,
attended by three aid-de-camps, and accompanied
by Lord STAMFORD and WARRINGTON, the Lieu.
tenant of the County, Lord BVLKELEY, Lord PEN!,
RHYN, Colonel Pe INCE, and a numerous party of
Gentlemen. His Royal Highness was received'
with a general salute from the whole Regimen!,
and then proceeded to the front of the line 0
present the • Standards, which were extremelY
beautiful, bearing, by the PRINCE of WALO.
particular permission, the Plume. of Feathers.
,His Highness delivered an elegant and imptcs'
Gore speech on the occasion it was most cord'
'plimentary to the very spirited =and adive_ e,:et;
tions of the Colonel, Sir Joule LEICESTER, a4+"
the patriotic endeavours of such a number of Ye9'"
men, voluntarily giving up their time to enable their"
selves, should occasion offer, to stand forth witft
died, in the defence of their Sovereign and Colltfrr
try. Sir JOHN LEICESTER having then for himself
and Regiment returned his thanks, the Regimen' I
proceeded to go through a number of movements,. -
which they performed with the greatest rapiditi
and precision, and finisked by a charge of the 10
which would have done credit to a veteran Corp''
This Regiment, consisting of upwards of 3°%
Yeomanry well mounted, and accoutred in the tile
splendid style, attracted the curiosity of the sl'f'",,e
County, and the Park was crowded at an early
with carriages and Officers from all the neighb°""
ing Corps.
THE Or e RA.—La Yergi-ne del Sole was repeated
last night, at the King's Theatre, before a te.letabY
numerous audience. The unaffected style of GxAs
SINI'S singing every night augment' the number
admirers. Her part in the Duo with 13oee.e
truly charming ; but her grand effort is the 01111 e
address in the last scene, in which she displays
taste and genuine pathos. Boeea, being more In
possession of ,her charaEter, was a still better stiP
stitute for VI ANON T. The Obbiato Accompany
meats of WEECHSELL were detightful. Jn
Ballets DES HATEi and his Wife particularly 415:
tinguished themselves. PARISOT• and LA000:
were also conspicuous, The Duke,uf CAma RI WI
Lords CHATHAM, CARDIGAN, -MOUNT Epo'
costae, Sec. &c. were present,
af
BamtAst is to he added to the Musical Corps
the Opera House this Season, in order to fight
the side of Mrs. BILLINGTON. He has alreow
seoled the business of a Furlough, with the COQ•
'blander of- the Covent Garden Forces.
. MOUNTAIN, —the Husband of the fair warblef
brury-lane Theatre, ii gone to lead the Concert' at
-Edinburgh. --He. is 'a good Performer, and yea'
well qualified for the situation.
It is the intention of the Conduaors of the Ol'effil:
House, we understand, to be as selea as possiblee
the admission of company to those parts of 'b',3
Theatre generally allotted to people of fashion an ,
io
distinttion. '['he Pit, in particular, is, if poSSib ~,,
to be effeetually secured from women of a certain ?re
•Scription ;: and when any of those boxes,
called Dres.s-boxes,. are to be disposed of,itto
care .will be taken to prevent them from being le fly
persons whose- situation in life does not proper o-
qualify them to mix with those. who occupy
neighbouring stations. This judicious regulatly,,f
will, of course, considerably enhance the value

1

Opera.boxes.
Mr. UNDERWOOD, whose extraordinary conyllA
respeaing Mrs. LEIGH, has rendered him a sobj.p
of public curiosity, has, for some time, been an inb„
bitant of the Castle and Falcon Inn, Aldersgal;
street,where his eccentricities have occasioned vat! j
ty of conjeaures. His time has been much occuPinc
in writing letters to the DUKE of YORK, Mr.
onicTort, Mr. PITT, and other persons of high Po
iitical charaaer ; but his epistles to Mrs. LOl%,
Were without number. Since firs MAJESTY'`
position he has been a daily visitor at the Quec,.1139
House, where he left his card, describing hunscli e,
residing at the Castle and Falcon Inn, Alderseto
street. A very. violent passion, however, for! lio
LEIGH, seemed to be the predominant cause of of
extraordinary conduct. On reading an account 5,
the Dream attributed to that Ladv, in the Ncwie,
papers, he worked himself up into a
lio , a
ig
t
'threw his breakfast about the room, and was in Eol
tIY
w.street Officers, on a complaint of c
pbayrothxeysm of passion when he was taken into cus (5,,
LEIGH.. He is about thirty years of age, and. 0'
genteel appearance.

DliyL.l.-cEoi,' rifff, cr)rx-ry..

CIRCULAR LETTER FROM THE SEC'RETAR?
STATE TO THE SLVERAL LOI1D:i LIEUTENANTS
.OF COUNTIES.

.•
" MY LORD, 117.ilithali, ;ran. 16.
" Referring your Lordship to the directions containeel in
my Circular Letter to you, of the rst of October last, 1.4
the removal, in cases of emergency, or rendering useless, if
need be, such Horses,• Draught Cattle, and Carriages, as
shall not be wanted for the purposes therein mentioned ; I
am to desire, that your Lordship will consider in every tv-
sped, as included in those Dire&iOns, all such Vessels, Boats,
or Craft, as shall not be wanted for the like purposes, or
shall not be armed and equipped II: the annoyance of the
Enerny.
" As I arn informed by His Royal Highness the Commander
in Chief, that only one light cart per company can, on such
emergency, be allowed to Volunteer Corps, for carrying their
c4rbp kettles and necessaries on their march, I beg leave to
recommend it to yoUr Lordship, to give directions that one
such cart be allotted belOre-hand to each company of Volun-
teers within the County of -- ; and that such
he always kept marked and numbered, as theone carriagecart in-
tended for the'use of that particular company for this service.
" In consequence also of a latesugg,estion from His Royal
Highness the Commander in Chief, 1 have strongly to re-
commend it to yOur Lordship, in communication with the
General commanding the District in which the County of
in------- is included, to give direCtions for allotting and
mrk-
g a sufficient number of waggons for moving the Volunteer
Force where it is not placed in the vicinity a the Coast; and
It would be found extremely useful, if boards, such as are
used for seats in market-carts, could be provided and kept
. in readiness, at the place ot places of general assembly, ready
- to be slung • upon the Waggons, to which place of assembly
these Waggons should be held bound to repair upon the sig-
nal of alarm being given.
" I have the Honour to be, my Lord,
"Your Lordship's most obedient humble Servant,

C. YORkE."'

GLASGOW, JAN. 21.

----
ON Wednesday the Greenock Volunteers all o.
geared in grand parade at twelve o'clock, in
honoupr
of the day, and marched to their respsfiive exer-
cising grounds. The Artillery Company of the
Ist Regiment, or Loyal Greenock Volunteers, dis-
tharged Seven rounds of their field-pieces, the
Regiment under presented arms. The Sharp
Shooters, for the first time in full uniforM, also
fired ; and both Corps afterwards marched to the
Square,'Where they ‘vere dismissed with three'cheers.
At one o'clock His Majesty's Ship Tourterelle fired-a
Royal - Salute, which was returned from the Lord. Forbes Armed Ship, and the Privee of Wales, and
Pr;esce Edward, Revenue Cutters in the Roads. In
e evening there was an Assembly, by much the
Thost splendid and mitnerously attended of the season.
YeSterday afternoon, while two Ladies were
walking in Nor thwoodside Wood, one of them heard
an uncommon cry,- .which, after some search, they
found to proceedfrom an old Coal Pit, when they
discovered a man belonging to Miln gavie, who had
fallen into it on Tuesday evening ; he was soon got
out ; and, what is remarkable, had received no ma-
terial hurt in his fall. This is the same pit into
Which Mr. SPEARMAN fell about thirty years ago.
The Grestmore/andPacket, Ca n• KENNEDY,I.
_ Cap : sail.
eight from Donaghadee fur Port Patrick on Sunday was
eight days, and when
.very. near her Port, enc,ouni_
tem! a violent gale; and she made L which drove her into the km 1,
, - , amiash on Monday at three P. M.
Nine out or eleven horses that were on board were
oknillSeadtuinrdtalyle l\rasets:'sel• She arrived at Port Patrick
the passengers and hands.all well.
Yesterd7 .............~'

rday the Principals of the Worshipful cbm-
pany of Bakers waited upon the LORD MAYOR at the
Mansion-house, and requested his Lordship to reduce
the Bread half an assize, which his Lordship, with
great satisfaaion immediately complied with) and
it is to commence tomorrow; the quartern loaf
wheaten will then be
hold sevenpence.halfpenn sold for ninepence, and house.
It is said to be determined to bring in a Bill,
Volunteers have the right on
b
the meetin,, of Parliament, to declarsie n
that the
and may re , at plea-
g
sure ; but.that a new law is rendered necessary tor
their governtnent hereafter; and therefore to ena.-t
that such of the Volunteer Bodies as shall continue,
must ConforMlo the new rules and regulations which
the con
will cOintain, not only with regard to. the
right:of resignation, which will be taken a,way, but
110 as to the eleaion of Officers, the attendance on
drills, and Various other oints Such a Bill will
V'arqutacihilsYcgsivioenrise to mucliPsetiou. I and very.,unplei-
A;Es.stz'yv Zs
o.ei.n.rwYokx.---The Birth-day of HE tt
those cordial tokens of' l
-edne,day !last commemor.ated waitih.
~vays expressed by the innlytaabity and
oeighbourhood. The Chiaffeaionir as
an
tans of this.ic 7 . d eers of the net
Volunteer Corps, and their friend,, dined
at the fol.
;owing places : those of the Cit.; gabouring
manded by Colonel Sir William Milne
at Etridge's ; Barr.ork,
M. Y.
those of the Ainsty of the City of
tlf.ork, commancic•d by Colonel Hall Plumer, Esq, of
p°n-hall. at the George; and those of Ouse and
ofeEtwent, commanded by Richard Thompson, F.sq.
1, scirike at the Tavern Though the above gal.
ant uefenders
iffefent
of their ;ountry dined at d .
~e
inns yet a mutual .
course of thei ra ultereourse took place, during 1,11 b'''dYl con r r iesti.vii..,
another
v4a_twatint, ) by deputations from etfch
„ 4. each other on the return .4:3i
4r all tli inn:.°,."er MAirsTy's life. The dinners and the pots"'ere truly good, the wines excellent,
triotic.
nl and sentiments highly loyal and 14.:
good.huni,ur t41,e3 Where nothing but cheerful nes,
am lo , ,
of the
Gentlemen retired, iY4"Y reigned, most
- ,- ro
the Assembly-Rooms"' the course of the
-Blake-street, to to Q .
e.eninibc,en,s
Ball which was honin
:ince of Beauty and Fa
mired by the greatest attend_
this `lay
y for man years, and where the mazy dance
''lli°ll that has been known on
was kept up with much spirit and vivacity till nearly
tive o'clock in the '
morning.
Sher_
A M. EDWAIt DS, a tespcaable Dyer, of S
rard..street, Golden.square, was interred yesterday
se"onight at Lambeth Church. By his will he rii_
retied that his funeral precession sllould stop at
the
'.i.Vlagpyes, in Bridgetet, Westminster, and the
Mourners be regaled with a gallo„f porter, which
they were to drink at the door of the house ; they
were then to proceed.on a 10,./f trot over the Bridge
to the Jolly Sawyers, in Lambeth \Valk, there to
Ilaee ;mother gllkm of beer; from thence to The
Zrave, where, after his interment, e: pint of gin
,was.
") be drank by them over his grave, qvzsbmg '' '
./ 5/
ally Corn-
easantjrnej. This request was liter
i'lied with.ou

Z lirokt.

COURT 0.17 KING's BENCH, j-Ax.
:IE KING V. DOWLEY.

MR. ERSr fN F moved for a Certiorari to remove
a Conviction before a Magistrate of the County• of
Surrey, in_.order that such Conviction might be
quashed. This Writ of Certiorari- to bring up the
Proceedings upon C,..mvidion before inferior tribu.
nals, Might, in some manner, be called a Writ of
Right to the Subjeds of this Realm, to prevent the
inconveniences that might otherwise be the result,
in some cases, of summary Convidion; and althoUgh
this was almost a Motion of course, yet •as it relat-
ed to a subject of great importance, the Court, he
was sure, would wish that whatever decision they
should come to, it should be come to speedily, for
which purpose it was proper that the Court should
be now put into possession by him, not by way of
argument, or in detail, but under certain heads, of the
point which was to be argued on the Ads of Par-
liament which govern the question upon which this
Conviction turned.

Mr. Justice LAWRENCE asked, what the Con.
viElion was for ?

Mr. ERSK INE said, it was a Convidion on the
AI of Parliament of the 433 Geo. 111. c. izt, and
upon the 14th Section of that Aft, which provided,
" that whenever any person inrolled in any Volunteer
Corps in Great Britain or Ireland, shall havene.,
gleCted, or refused a demand made for that purpose,
to pay any sum of money required by Rules and
Regulations, &c. towards defraying any expence of
the Corps to which he belongs, or to pay any fine
or pendity, &c. then, and in such case, it shall 'be
lawful for any Justice .of the Peace, residing in or
near the place where such Corps shall be, &c. to
cause the same, together with double the amount
thereof, to be levied by distress, or sale of the
goods and chattels, &c. of such person, &c. The
sums so levied to go to the general stock of the
Corps, &c."
The Gentleman on whose part he made this
application to the Court, was fined by a Ma-
gistrate in the Borough, a. fine which would have
been duly ordered, .provided he came within this
Seftion of this Aft of Parliament, for it was under
this 14th Section of the 43d of the 'King, that this
Information against this Defendant was' tried. -He
was called upon for his Defence, when he admitted
all the fads stated in the Information—namely, his
inrollment in the Surrey Cavatry, and his Absence
from the drill, and the demand of payment of
fines : -but his defence was`' this---That at
the time of this Summons he wakaiiot a Member of
the Corps, for that he had receive I a Letter from
the Commanding Officer, stab o that any Gentle-
man who did not attend ill,: . )rning drill on Mon.
day in every week, for one month to come, he
should receive • his Dismissal. This Gentle-
man being in the Corn Trade, and having no
Clerk, and his partner also being in a Volunteer
Corps, the regulations calling that Gentleman also
to attend at thcsame rime, the Defendant could not
attend as he was requited without a relinquishment
of his trade, yet he was ready to do all he could ;
he signified this to his Commanding Officer, he said
it was out of his power to attend, and therefore he
hoped.that that would be taken as his dismissal.—
He heard nothing to the contrary, and therefore he
Its reason to suppose that his dismissal would have
been the consequence of this resignation 'of his. He
thought in such'a case that his dismissal would have
been of course ; however his disthissal was not ef-
feitted, and the Magistrate convicted the Defendant.
The Magistrate had given an honest Judgment on
this occasion, but it was to he for the consideration
of the Court, whether it was a legal Judgment.—
The fads of the case were put fairly on record. The
Defendant admitted them all, and the only question
that would arise on this convidion was, Whether
this person, on the fads and the circumstances at.
tending the transadion, was subjed to the fine im,
posed upon him ? Which question would turn upon
this, Whether, in fad, he was a rignaber of the Corps
when the fine was levied ? The sedion of the Ad
referred to the Rules and Regulations of the differ-
ent Volunteer Corps, and
.each Volunteer must in
that respell be governed by the Rules and Regula-
tions of the Corps to which he belongs ; by which
Parliament held forth that it did not mean to at in
an arbitrary manner towards the Volunteers, but
left them to make regulations for their own govern-
ment. The first Resolution of the Regulations of
this Corps was this, That the Corps be instituted ;
for it was instituted in the year 1798, and after-
wards continued under the Ad which enabled His
Majesty to accept the Services of Volunteers at the
beginning of the War—That this Corps be insti-
tuted for the defence of the Borough of Southwark
and parts adjacent, subject to be called out on In_
vasion or Insurrection, agreeably to the Ads. of
Parliament of the 34th and 4.2 d of Geo. 111. Now
with resped to the Ad of the 34th of Geo. HI. it
was an Ad to enable His Majesty to accept of the
Services of Volunteers during the last War ; but it
Was an Aa. which continued in force only during
the War, it therefore expired on the conclusion of
Peace. The 4zd of the King, c. 66, was the next
Adt, and it was the Ad under the authority of
which this Corps, and indeed every other Corps
were embodied and assembled. This was an Ad
which past when the Enemy of this Country first
held out his threat and menace against the inde.
pendence of this Country, which roused its inhabi-
tants instantly to its defence, and which threats we
now defy with pride as well as confidence, because
we all feel assured that whatever may be the wishes
of our Enemy, they will certainly he disappointed.
Here he read the Preamble of the Ad reciting the
expediency of enabling His Majesty to avail himself
of the offers of his subjefts to raise Yeoinanry and
Infantry Volunteer Corps, and the expediency of
exempting the members of such Corps from ballot
in the Militia, and that was all the exemption 'they
had then, for at that time the Army 'of Reserve
Bill had not passed. The Ad ihen went on to
state, that all persons enrolled in such Corps, and
attending the number of days stayed in the Ad,
shoald_be exempted from compulsory service in the
Militia, but it afterwards provided, that these ex-
emptions should not be allowed, unless a muster-
roll be transmitted to the Lieutenant of the County,
&c. of the individual claiming the exemption hay.

ing attended the exercise a number of days, as pre-
scribed by. the ,A'l: The 4th section of this At
applied iiirettly to the case of this Defendant, and
. which he was now submitting to the Court, for he
was entered in his Corps agreeable to the Aft of
the 3.eth of the King, and the Aa of the, 423 of
the king did not impose any new regulation, or
put any thing in the way of exemption to Volun-
teers. Parliament had kept perfeft .good faith in
this as in. all other cases, for -which the Parliament
of this Country 'was remarkable ; indeed Parliament.
had never attempted to violate good faith by the
introduftion of arbitrary pioceedings, which he
should venture to call arbitrary, if it did. Under
this Aft the Commanding Officer was direfted to
transmit to the Lcrd Lieutenant, a-nd be transmits
to the Crown, a list of those, who being enrolled,
and had attended the proper numb-er of days, so
that the Crown might see who was and who was*
not entitled to exemption : and then the Aft went
On to 'provide, that in. this return there shall be'
inserted the name of every person enrolled in every
such Corps, as aforesaid, who shall, since the date
of the last'muster.roll, have notified to the Com-
mander thereof, his intention of discontinuing his
service therein, orhave been discharged from the
same on account of his non-attendance or other-
wise; and if any such person, during his being
etsroiled, &c. shall be drown in the Militia, and
shall be exempti on, account of it (even if he had
before been exempted) he shall, on such resignation,
(what was resignation, he would ask, but notifica-
tion of discontinuance ?) serve without ballot,- if
drawn before, and if there should happen to be no
vacancy in the Distrift to which such person be,
-longed, he should -serve as a supernumerary, Thus
the Aet of Parliament stated what the resignatiop
should be. He knew it had been sometimes thrown
out, that Afts of Parliament are very loose in their
words, as if the •words of them were, sometimes,
not the meaning of the persons by whose authority
they were enatted, as 'if words got into some of
them as it were by chance ; but here the Miss were
plain on the subjed of exemption. The Command-
ing Officer of the Corps was to make a return upon
his honour, which, he had no doubt, was equivalent
to an oath, of all.persons who may have been dis-
charged or may have quitted since the date of the last
muster-roll, and then, the moment that a person had
quitted the Volunteer Corps, all the other compulsory
set vices attached upon him, and he was liable to ren-
der his services to the State as the-Law of the Land
required, precisely in the sane manner as if he
_had
never been in a Volunteer Corps. Mr. ERSKINE
said he should not argue Ellis Case at present, but
merely state- the'Statotesi in their order, that the
Court might see the view of Parliament throughout
this service. This Aft, which he had just recited,
was passed,at a moment when the enemy meditated,
or rather published, an intent to destroy that sys_
tern of Government which this Country had. the
happiness to enjoy for centuries, and which menace
tended to call us all
.forth; so much ardour was felt,
that almost every man wished to he a Volunteer.
As to resignations afterwards, Good God, how
few ! he did not know that there were too. 'Volum.'
teers stept forward—Parliament took the advan-
tage which this spirit offered to the Country, and
made regulations : the Government became appre.'
hensive, not that the Volunteers would be too few,
but 'that they would be too many,. so that there
might be a difficulty in having any regular army
in consequence of this, Government .held its hand,
and gave it to be understood that it would -not ac.:,
cept any more Volunteers unless under certain regu-
lations, and then came the 'Aft of Parliament of the
43d of the King, c. Bz, which is commonly called,
the Army of Reserve Aft ; at this time between,'
and 300,000 men were got under arms. Parliament
saw and admired the zeal
.and ardour of the Public,',
but they knew the Country could not he effeßually
secured by ardour alone, that there must be men
trained and disciplined in a given way, and there-
fore passed this ,A# for raising this body of men as
an Army of ReserVe; litif!again, in this Aft there
were Exemptions, amoneWilmn was the learned
Court he was now addresSing; as well as the Great
Officers of State,. who could not be spared from the
stations they at present filled for .the benefit of the
community ; and all the Volunteers were' also ex-
empted-so that good faith was here again reli,
giously kept by Parliament : but if a person ceased
to be a Volunteer, he then became amenable to'
compulsory service under the Army of Reserve
Aft. -

The next At of Parliament was the 43d of the
King, c. 96, for Parliament wa3 not yet satisfied
with the state of the Country as 'to men being fit
for arms, and therefore they passed a law upon the
subject of the Prerogative of the King—au Aa, the
like to which, in England, was never paised be-
fore. That was.an At touching the Prerogative of
the King, which no Lawyer or good Historian ever
doubted, that Of calling forth the Milifary Service
of all hisSubjeas in case of adual Invasion—but
the use of the Mt was manifest, since it made the
exercise of that Prerogative. more prompt and easy,'
for His Majesty's Prerogative in that case only ex-
tended to Penalties in case of disobedienee after the.
party was summoned to the field ; but in this case,
the call was immediate, and could not be commuted
by the payment of a fine. This Ad•again'kept
perfea good faith with the Volunteer for they
were all exempted from its provisions while they
were Volunteers—but only while they were Vo;
lunteers, for Parliament provided,, that if one
ceased to be a Volunteer, either by his own resigna.
tion, or dismissal, the provisions of the Aft should in-.
stantly attach on him,for it was not by strutting a few
days in a red coat with a shouldered musket that Parli-
.
ament thoUght a man should be exempted compulsory
Service, but upon voluntary Service theicornpulsory,
was out of the question, and rightly so,,for'One-man
eonld not serve in two charaaers at once, in a corn-.
pulsory charader and in the character of a Volun.
rev-, and therefore if any one was really and bona_
fide a Volunteer, he was not called upon for any
other SerVice ; thus those who had the virtue to
come forward bravelY, which vtiO always the most
advantageous as well as the mOit'honourable mode,
always Were exempteif;r if anyi'ehose to hang back,
they got nothing by it but reproach, for then they
became subject to compulsory Service. But in this
Mt there was a provision that nothing in it should
extend tip vary or.alter any former Ati, except so

rat as die same 't re therein expressly varied or
alterel. That part of the 42.1 of the King which
provided for the resignation of a Volunteer, and
which he had recited, was not mentioned in this Aa,
and therefore under the provision that no A& was
altered, hut such as was 'expressly so by this At',
that clause in the 421 of die King, providing' for
the: resignation or dismissal of. a' Volun!ecr, was in
full force. The Defendant here mlintained that.
by the Rules of his Corps, his dismissal was of
course afiet his resignation in the Manner he made
it, and- that the legal consequence of that was, that
the order ought. to be quashed.
He ought to add that this Gentle Man had as m-tir,ll
spirit far the defence of his Country as any body.
He had subscribed three guineas a_year to the ex_
pence of the Corps, together with' that of a good
horse, &c. fit for Service.
The'Court granted the Writ.

COURT OF 'COMMON PLEAS, )A N. 24.

Ni.WMAN WALtERS.

Mr. Serjeant CothcELL moved for a Rule toshew
cause why a Nonsuit should not be entered in •tlie
above cause, or in case the Court should be of ()pi-
pion the damages awarded by the jury were execs.
sive, then a Rule for a new Trial be granted.
The Aaion Was brought by Captain Newman
against the Defendant, as part 'owner of the Betsey
Caius, to recover salvage on that ship.: The, ship
was on her outward.boupd voyage to the West In.
dies, when•she struck on the sands near Margate.
Captain"jchnson, her Commander, with two of
the-crew, took to the boat and gained the shore,
leaving :Le passengers to shift for themselves. In
this dilemma, Captain Newman, who happened to
a Pai.senger on board, was requested by the rest
of the Passengers and Ship's company to take the-
management of the-Ship, which he consented to do,
and succeeded in getting her off, and she arrived
safe. at Ramsgate. The Jury gave a' verdift with
fool. damages.

Mr. Serjeant CocKELL moved, on the ground
that the Plaintiff was' not entitled to Salvage ; and
that the exertions which had been used, were no in re
than what he was bound to do in common with the
rest of the Passengers, for, the safety of the whole.
The case of Captain Newman was therefore widely
different from the usual cases of persons claiming
and entitled to salvage, as he had not ventured from
the shore to assist in saving the ship and
gers,passen-
at the risk of his own life. With respect to
the damages, they appeared to him excessive.
Mr. Justice RooKE :asked what the-Ship was va.:
lued at, (or, unless.that was ascertained, it was
possible to say whether the damages Were-or not
excessive.

Lord ALvANLE4- said, that he was of opinion
on the trial, that the Plaintiff had done more Abaft
his duty as a passenger. He had conduced the
,hip safe into port, and therefore was entitled co,
some remuneration. The agent of the owners had
recommended to them to give a
..surn,.ilcit less thAn
zool.-for the exertions which he had, used,,,oonse.
quently he did not think that _ground of ohjletion.
to the verctid,.nathery, excessive (I,linaes, Would b‘to.
of aty
The Court direa4 a Rule-to be taken on the.;
other around; natnaly,, whether the adion. w. s ralint
taimibie -or next ? - • '

CORN EXCHANGE; JAN. 25;

THIS day there is but little further accession of
Wheat ; the, few -S'ain.ples. of first quality *keep the
price, but other. Sorts, are vefy ditfculr. of sale; anti-
this- article is inori. than equal •to Ate demand ;. fin
Dantzic at• 6,05. per quarter ;-.parley is steady ;
Malt almost without sale ; Pease and Tick Beans ATe
Cheaper ; we have Oats in middling piantity,
at little'Variationl fine-American ll'idur at 335; per
barrel, of i cwt.• 3 qrs., "
Wheat 353 a 423 a 533 od Tiek Bemis -28 s 4 343 od
Fine ditto - 543 a sis od (Las . 'l9s.fa'22S'-'w 235047.
Rye -28 s a3is od Poland ditto 243 25s 'GA
Barley - - 203 A 243 6il Rape Se,d - _'- '3sl' a 'Pt
Malt - ,503 a 573 od Flour - 445 at 485
,at
White Pease 353 a '435 cd • SecOnds ‘lO '3
443 ca
Beans - - 325 a 395 od

3 -
ENGLISH STATE LOiTEßY.—Yestealay '(stn agy-
of drawing) the following Numbers Were drawn
Prizes above.2cl.: • •

No. 11,517, a Prize of boool.
No. 12,045., a Pii2c of:5001.
No. 746,
.a 1-)02.• of 2001.
No 1:,do, 23,03, 20,329, 12,297, 14,962, and 17,314,
Pri,ies of cool.

Nos. 1720, 5759,12,230, 1.3,10.8, 11,0657 1484,
23,150,- Prizes of

A fatal accident, attended with some 'circumstances
peculiatly distressing, happened on the River Aire a-
few days ago. The wile of Joseph Smith, a waa.
terman, while sitting at site helm of a vessel with
her infant child in her arms, , was struck by the
tiller and thrown overboard, together with her child.
The husband, who witnessed, the accident, plunged'
into the water, and attempted in vain to save them.
Exhausted, and almost lifeless, be was dra,,vu back
into the vessel, on board which lie had scarcely sec
his .foot before his wife and child once more appeared:
on the surface of the water. Smith plunged in -a
second time, and tZught•hold of a part cf his wife's
dressOvhich unfortunTitely gave way, and remained:
in his hand ; When the
.Totner and:Child suck, and
rose no more. . - • .`

On Saturday evening a youth fourteen years of
age, the son of Mr. kcos-i, a wholesale tobacconist,
Gravel.lane, Hountisditch, had spent the evening at
a relation Whin on .his return home, he was seized
by a large mastiff dog belonging "to the house, who
wangled hint in so shocking a manner, that his life.
is despaired 6f.

Early on Monday morning a Centinel on duty in
the queen's Garden was discovered asleep, and was
taken a prisoner by Captain HILL to the Barracks.

Yesterday,' at -two o'clock, the C,)rorier's Inquest_
being 'summoned before. GEORGE HonosoN, Esq.
Coroner for Tvliddiesex, on the holy of the man
who was shot on Saturday evening twit' in Maj&.r
acor-r's 'gardens, in Kensi,gton Gore, br
Daniel Donalju, .fret at the Dun Cow, opposite
Kensington Gate. After a minute inquiry, and
nothing new appearing on the evidence more•than
wav,stated in our Paper of yesterday, the jury,
without much hesitation, brought diet!. vs:rd:id—
justifiable