The Sun.
London, England, 1810-02-08 00:00:00

INDIAN NEWS.

EXTRACT OF A LETTER FROM MR. DAVID ROBINSON,
DATED FORT OSAGE,' NOV. 8.
" On the 4th of this instant, a hunting party of
the Osage tribe, consisting of five men and four wo-
men, crossed the Missouri river from the north-east
side; they were surpriSed- by a party of the loways,
who killed one man and two women, and another
man is missing, supposed to be killed some distance
fiom their camp. 'Next morning, Capt. Clemsen,.
with a detachment 'of fifteen men, Dr. Murray and.
myself, were cOnduCted to the fatal spot. by some'
of -the party that hid escaped. We, found- one In-
dian and two woMen,
.butchered in a most barba-:
roils Manner; we buried the dead, and icoarned.,
" On thefolloWing-day, a Missouri Indian, fi-om,
the, loway v Wage, called ever the river for a canoe
at the garrison ; one cif the defeated party kneW
: him,- and said he shot at and chased him In the at:.
tack, ui:on Which- he flashed his gun at him on the
sand bar: Capt: Clemson sent for tl.e Miss.uri
dean and interrogated him closely, suspecting him
to be 4 spy ; he said, he hore a &..' from the loways
to the Osages, acknowledging the guilt of the foF•
• mer, in tird murder of one 'of t:e tatter on Blue
'mite ;' he said it was "the wish of the loways to cover
the :grave of the ds:-md with present• and be at
peace : the.Captain.ordered him to theguiird-lioust-,
waiting for. further information, and to save his
life.
" There is war on ad sides with .the Indian's
among themselves, and we. are infermA the Sons
are now on the river, not far from this, and we
dthibt their friendship to the white people." -

EXTRAGT OF ANOTHER LETTER PROM THE SAME

rLACE.

Ti ere liaS been another Osage killed a few
miles above this, about two weeks ago) said to be
done by the Ottos.r From% every information I can
receive, nnd•troin what I -cgri, see, I dt4 not hesitate
to say, that) with, a very few vxceptions; all it,6 In-
dians on the Missouri are at the present time in a.
state of warfa,te."
•

A ,cyst'very interesting .to coal merchants tivaS
decided on Saturday last, in the.Cocrt of King's
Bench. The P:aintilfs' were-.MILLmAtki and Son, •
eminent in that business, against a Lighterman, 'for •

immucriog, or cuing utimuored, sei:er,ll of
their craf williont authority, by which' means one
was totally wrecked, and the others Were inwerially'
injured. After a' full hearing of .the case, it was
decided in favour of the Plaintiffs ; and' the question
is of .mirch importance on the Thames, as hereafter
Lightermen will be cautious how they trespass upon
such kind of property, tvithont a sanction from the,
owner.

A question of considerable importance to all ma-
nufactories that require- furnaces; forgts, or large
fires., came on to be heard befdre Mr. Ho!stern, the
sitting Magistrate at the Public-office, Union-hall, in
the Borough, on Monday, under the following cir-
cumstances short time since fire was seen.
coming out pf the chimney of the hat-manufaCtory
of Mr. Pricket, who resides in the parish of-St. Tho-
mas, in the Borough; and it being supposed to ben
chinittey on fire, an-alarm was given, and, in conse
I (pence, engines-attended, and those who took the
first engines applied for, and obtained lion). the Magi-
strate, an order upbh the parish for thirty shillings,
the reward allowed by Art of Parliament.. The Pa.
risk Officers applied to Mr. Pricket, for a remunera-
' tien, which he objected to, on the ground that his
chimney, as well as all others in his business, were
`bjuilt upon that constru&iou, that it was impossible
to-sweep them without pulling them to pieces,they all
cleared themselves ;.and if he was liable to pay fort he
an the particularday, corning out of his chimney,
he should be liable every day ; he could not cnfry
his business wiihcut. He instanced the glass-
houses-and iron-foundries in London, Birmingham,
and indifferent-pads of the country,:where fire was
seen coming, out of their c:tinanies continuaily.—
The ‘vOrthylgagistrate allowed all that Mr. PI iblict
said, but on examining the Ant of sParliame-n, there
were no exe,mptionS;',itbaving described
Ines generally. He, however,. declined thtermiu-
ing upon -such ail impoilaut question, without'
consulting_ other -Magistrates. The decision was
therforeadjourned.
Yesterday -his--Majesty held a Privy COuncil, at
which the _Recorder of Loudon male his 'Report of
the Convids capitally cotwVied in December Se -`
sion last, viz. William for a highway rob-
bery; John Thurston, the elder, for burglary ; Jane
Riley, for stealing in a shop ; Cad !lop hold, James
Ellis, and Ann Melton, for stealing in a dwelling-
'house ; 'Antonio Beretigss,' fora highway robbery ;
.andsEtizabeth !Pare, fOr returning from t'ansporta-
fition. His Majesty was graciotisly pleased tmesptte
them all during pleasure.

His Majesty hag been pleased to appoint William
Halton, of Hulton, Esq. Sheriff of the County
Palatine of Lancaster, for the year 18 to.
Mr. WAITHMAN'S eloquence is of a peculiar kind,
and, rather distinguished for vehemence than accu-

racy. He seems to be .particulatly fond of intro-
ducing. his Reading—a practice which. sometimes
betiays i him into awkward- mistakes;- and it is-
stated, th2t among sotile whimsical blunders of this
li4twe, he lalely spoke of AUGUSTUS CIESAI.I as

. .
having " crosed the Vatican," and ailu.!ed to
" the. Emperors Mt cIiALL; ANGILO.and Neao," • •

" , 4
;jl:3-1 TIIE D 11,111121. ,•!

[The literary pcnvors• of A", g are FO-ltigh
an order, that a nerv--.1)!0,1,),tit.p from :_uch e-wel:ent
v,riter is an event in tharnai ic liistory ivorTh Wp
theretbreextrad the followir K article- from Tbe
Cr>,rant of Saturday last, 3 Paper distinguis:+ed tor uniform
candc:a and impartiality, as Iwell 'as elegant and judicious
•-•
criticism :J -

. •-.
On Mondry;last 'a new tracredy called ' The
family Legend," was breing ht ibr ,I?ard-, at our V: ea,
ire, for tirne) it. is the. avowed produellon
of MissißAlLint, the celehiated author of the Plays
on the' Passions.- The fable : is founded oft a well
known High's/Ad story, whiCh liaely furbished to
CAMPBELL the theme of his beautiful poem of
.dle-
nara.. The' outline is as follows:7-
Helen, the• heiress of Argyll; has been given, by
her father, to Duart, the chief of Clangiilian' in or-.
der to, cerntint the peace which had takeO plate be-
twixt these two pOwerful clans. The lurking feel
iifgs of hostility, however; still rantled in the:breasts
of many of the leaders of Clangillian, upon whose
ferOcious' souls the charnis and virtues 'of the fair
heiress were utterly thrown away: Her husband,
very unfortunately, is " °la soft, unsteady, yield-
ing temper," and has; consequently, little influence
or authority with 'his rugged vassals. Benlora, a
'powerful' leader,'hadbeen taken, in an ambush, by
a vassal of. Argyll, and " the peaceful treaty of the
clans unheeded," had been retained in durance vile
for two long years ; on his release, be tonna that
the .maniage Of , his -o:vn chief withthe heiress of
- ;' • :

• A bosom worm.,•ribrscdin the viper's nest,—
had- bound his hands, and removed :1-otn hircc all
hope of honourable vetigenuce for
,his wrongs:---r
Vengeance, however, he AV; 5 resolved to-have,-per
J'as*out pyils; and, along with Loc'itarish and Glen-
fadden, two subordinate contiivc-sto
_ work upon the infirm 1./uart, tilt j 5,: thinks.it„rf,ttot
.aproper, yet quite an unavoidaible.thing, to wxpose
his lad s• upon a lock. While best: 4pachioatiwiSi.
are )et unaccotnplished,..Lorne .and Dc Grey,'.-the
brotlie,, and the lover of • the, Eelen, arrive at,
the castle of (:lintgilhati.,-inrdi4guise, Wi:h a view to.
-establish or to dissipate terrain doubts of her c.onnu-
bial happiness, which they could, not chuse_but en
tentaiu. Dc. GreYlitei.)...at a
.respetif.ul distonte ;
• but Lorne, atlinit tett by stealth to the presence ,of
ha sister,' find, " all is not
.\\;ith
worthy constancy, hoWeVer, ljelent!eterrnincs to ath
here to her conjugal duties ; answering, to his affec-
tionate qUestiOni and solicitations, .

I love thee, Lorne; five my father's house;
L lie liitanest cur, that round tits ritrediohi barks,
• Is In my meinoty.'as.scjine kindred thing
Vet, take it not tinkandi y that k say, • '
The lady of Clangillian h ctit 110 gr:ZVanCe
To tell the lord of - • •
Thus confirmed in their suspicions-, b!it bafned,ty
her own virtue, in their hopes of relieving her, ,the
brother and the lover of He4tn icluCtantly leave the
-Castle... At t h iic.l; the in a-clu tia I ions of the con-'
spirators-prevail, and th.e weak .minded Dkfart,
tied by supernatural prodigies, and harpsed-hy' ela-
morons expos:ulations, 3ield,, after some faint s:rug-'
gles, 10 their barbarbus,audcov.-ardly purio es. He-
, leo is accordingly'ekposed on the fatal rock, froin
which she is rescued by De Grey:and some ii,her-
men, and carried hone w the casfle_of
mart shortly afterwards folloivs, 'Aipoa a visit of
conoolence Co 'his father-in-Liw, upon her pretended
death, accornpanied by lienlora, thei.otlier. coo-
spirators. The week es: him with'ceremo-
nious cbservaticcs, and Lorne with characteristic'
vehemence ;of Contempt, Persisting
.in
tins false-
hood that 'Helen had died,in his arms, he, with his
vaisals, is invited to a splendid ,fesist,,‘ -here ,
suddenly stands before them. Confounded and
conscience-struck, he has nt, defence or palliation to
offer.; and,. betaking himself to the last -resii•rt of de--.
te.aed guilt, -is killed in single combat by Lorne.
The other conspirators are'carried oil to punishment,
and the piece concludes with the triumph 'of -the
hoiase,of Argyll, and the prospeCt of an union ha-
t wixt De, Prey and
_Helen, to: whose gratitude he
had endeared by saving her OA a life and.
. that of her infant son.

Stich is the' outline of this piece. The plot, it
will be seen, is simplex et unum ; carried steadily
forward by the progress of events, unvaried by the
intervention of a single 'counteracting circuinslance,
and proceeding evenly on to a catastrophe, which is
fo eseeti, or rather foreknown, from the commence
ment, The pleasure which it excites,. therefore,
and the.ioterest which it imparts,' must arise chiefly
from the delineation of the cha-raters,-the. beauty
and sublipiity of the sentiments, the felicity of the
illustrations, and the aplenclour 01 the language. In
each of the,te partimlarS, more especially in the
first, this tragedy may tank with any other of Miss
BAILLIE:S ,productions:.: John of, Lorne, and his
noble-minded sister, standprominently forward. In
over high places upon the stilts of
Ossian, Lorne is a iicr7 tztillapt youth, witla whose
just feelings every one inuJt syru ir,tihie, and whose
honest resentment every one must
Miss BAILLIE very e+rly interests .us in
,this .brave
young man, and, opens to 'Us .his charatier in
theiollowing spirited lines, written in the h +ppiest
Strain Of her ipwn'peculiar manner. , Du Grey, •we
should Freinise, is counselling him to peace

' The 'warlike minstrel's rousin,4 lay thou lov'st.
hall bards r' the hall sing of our father' deeds,
To lull their suns to steep ?' Vain, simple wish I •
.I love to hear the sound of Ithly bell,
I
And peaceful men their praises lift to heaver; - • •
I love to see, around tior blaz.tir.4 tire, , •
. ,
The pei*,anc and his c f leertut family set,
: - Eating then- tearless meal. But wizen tke roar
Of battle rises, and the.cloSing•clans,
ti Darlrening-the sumgleam'd heath, in dread array
Are-mingled ; blade with blade, and hub with limb
Nerve strained in terrible stren.;th, }ea soul with soul
Nobly contending; who would raise aloft,
The interditting hand, and say, 6' Br, stilled !"
1 It,this in me be sin, may heaven forgive me I ,
1 ;That being am not' I . ' ' • - - •
, , •
I . • Anott ler passage is equally chlraaerestie and beau-
tiful : -When attempting' to per,uade her sister to
leave her unworthy lord, and take refuge in her ta-
t ther's house> Helen demand ,--- ,
. „
'What dost thou mean 1 what violent grasp is this ? • •
• Com'st thou to least me• from my husbaiiit's. house,
Beneath the shadenfnight,• with culprit' stealth ?

Lorne rinswers :
No, (laughter of. Argyll. When John of Lorne
Shall come to lead theelrom these hated wails
Back to thj, ti:itive home, with culprit stealth,
"Wheat!' the sha.:e-of night tustiali not be. '
With half our western warriors at his hack,'
.proutity' collie. Thy listening, timid chief -
Shari hear 'our martial steps upon' the heath,

With heavy mciainted fall, send, beat by beat,
rom the far smitten earth a sullen sound,.
Like deep.delled forest's roaming to the stroke
Of li4ry wolximen..- On. the watch to6..er's'lleizht
• His str,tining eye shall mark our ,sheathless s%vords,-.
F,0,11 ragik ,t(Prottk—t44o/-r lengthened b`mzce:nit,
Like strtams Cr shivafink !iglu, in hasty charrz,v,. - •
pOn-it ndrthern firon intent. By stealth"!
not by'steditlir-.,berieve.tne; not by stealth
Shalt iliotralie;4,4',:als pass. ."
I'lte:flJtit t? virtue: and bighprtncipsd
of Fielt..O, are e.cquisitely (I.,:piteci i,t ht-r
• . '-• ' Thent have l'tntered,
The.pledge of ppce ; and _her& in;:
As dame al id IlliStTe,S of the Warlike elan
Who yield-cibience fo their chief, my lord •
And howsoe'er their will to ••me may bear •
of good or it 1, :.-os will' 1 bold me ever.
Yea, Old the Lord of. ;:s is, •
Willi all the Cain•phel:s'at his t;,:ick
Here hostile entrainie threaten,-00 walls •
(Failing the strength that Might c1ef:1411'4,44a o,itter),
l would 01) self; wlle by my side in arms
One Valiant cilirivinan stood, against vets,
-. To the hilt pitsa;Vith tiespe,ateopyosltion,
This castle ma:

Our readers Will niptfatii to .ietnark how fin-12
charaptei istic 'these - pasoges• ;2'l f Miss -B.,:1-1..LIE's
genius, as well as-hu appropriate•t6 the speakjr:
We-.:eannot- res;st transcribing It% o other passagoh,
exquisitely beautiitil, and. equally fo,:tt-At7teriqi
though in a pertig;lly different style; Helen is again
the si;eaker. Rosa, who athiances :
Where bast thou been my Rosa ? ? -
.1-I,ve they, with will flowers, der:4o(llns iTaillatoßritl,
'Ana peeps he timauzlt then like 4e► rattle . • :";
neatlicock brokcii from its slril
' tflia r through the alooin put:, beAk.
..I.A.s steals ,s,)trie rustling footsteps on its nest
* * , * *, * .*. * •

()it, to net: t ctn,
A man, a "valiunt youth, a noble !
/',11,1 laying on his plaided sh.ouldur,, ;rob,
IF:kaitc:' I.!dnit, say.Prnu tly.," lips 1"
1.111:31 a strAtiset be
who blt:ss Inc n,t.

We-fiudwc have occupied so_miaehs'pace by these
; .
i extratti, that We arc uee,:s-al.iy. ih.,Litt ,:t .., ,i.it ~.- .
'' ; f rto • v bj - • • - • iii }• • k •
#lll,l,ns or t s
,s,-1 - . (..t. le.ickch v.
__,.t..1.4.1 u,
•toti i 13.-tter'criticisin tl)..m we c3uld 6iv,.!cheau,,
t!)-:-.Y•••.1i Iciet-...t evefy _ doy; IPA wlicrc: wlli (hey (nett >,
, ...
1,
i'f.p,:try fikl: ..sdis LiaLLlE's ?

• • This play has a Lain:, and in'our n, a very
s'rung tion. The .ctaraclor
Out, te,ble, enervate4j. a.tid •1 tie leader-
of his clan, his timidity le:At:is hit; the scorn anl.li
scotof hiS t%issais; He ;!c5.1.1f.,c:c.,s , to ica,
.I°,lsy ur-revef,ge or any of tnoie, strong pa-s.oris,
ivbien are cempaitble with an el‘,Taeci mind ; hut to
;In% nwre grov, ling of the,dis, onicnted of his
a:ded toe shrieks of the water kelpy, and the diS-
Nrtioll arid Lreanings-of adert.ii: Juan of the hie,
So It c:inses,.,uay,
ofects;• but,. poetieol, •
y, 111,4 aud
quan.
This cluracter; in Nlincrst every
.scene where he is
introduced,is not merely unlink°, taw ,"I.?;.fi atiU
revolting."- Tlia.tin -Which he tclls a downi right
and repeats it fo; its'bet:cr recepuon, ii only bared
from aba lute reprpbation: by tt,ry of
LOrne, and the:fine i!ufits oh e.1:1), ion
baste ess,calis forth tjoin the
His
Calier was a I,)ralre anclliiinest thief!

The character,ofßyll. himself is ,vcry adin'trably
drawn.- -kr.tilora,.too,tiiughliGt new is "oreible 3.
dnd the. lover Be Grey, is certainly.thore intere,ting
thaii the ordinary votaries of.Copid. '.7 • -
We have hardily left ruoin to, s,iy, that the vploce
was extreme', well perferrned.- lAir. SiddOns tip-:
peared to even more than usual. uLproe
and Mrs. Siddoqs depTC,led lielvn• With exti'-iiNite
...ten&rtiess and truth. Mr: Tony ;riot well
heard in Argyll, but what we did. hear %Vas Pe‘l #..--
fUL and at-Ealing,
Throughout- the wh'ole repi.esentation,'the ap-
o,„„ iiicqssant.3.-and the curtain descended
amidst louder shout,s, of approbation than we eve,:
witnessed beloie.iinour theatre. , -Tie audience evi-
dently Were anxious :to express,---at unce,.thtir :id- -
nitration of the genius of the author, a,:d thz; pride
and 'pleasure ,which the recolleCtion inspired, that
that genius was %their .own. -The Prologue was by
AIr...WALTER, SCOTT, the Epilogue by Mr. MAC-
XISNZIE—E?Uth wurthy.of their authors. The hOuse ,
was Allied with beauty, • talents, •and rank. The
piece has been performed every night since, and, -
e.n litul9.utsdiaduyc ,when some disapprobation Was
iinished ttled.
evinced,xcept p

Mr. WlNDHAM,'unfortunatvly, formed a core
'Lion with One of the worst charaders, that ever Was
connected with the public. press, and, -without his
usual sagacity, estimates -the general body '.by that
°Won,: sample.--Some people, however, think that
Mr. WINDHAM, hi his abuse of the newspapers, in.,
tended
.'obliquely;to attack the person ailucied:.
for though lie must: hold War person in abhorrence,
he seems always td have been afidid to shake off
the conneaion.

A letter 'ortt Plyrnoulh says, cc. The scandalous :-
practice of buying up the gold coin; and s.?.nding it
out of the kini,,,doni, is here carried to an alarming
rx.teilt. The: itinerant Jews purchaseAl they can •
get at, for which they give from Gil. 'to ts. in the
&Mind pre niuM, nnd.sellrthem out again.at an ad--
vanee (sf• es. to, 3s. op each'guinea, for the purpose
of being exported out ofilieliingdotn." •
A greater scene of .depr,:i'ity: and infamy has -
.stldom been -discovered than the :following, Ark
,
old fellow, who resides
.at cellee-hou,e in the.
neig!.hoorhood of 'Soho, Wit4ise daily proctice it is, to
attend to those adve.lisements wiiiith-vppear in the - •
iips,,,spap,!l* for, situations wanted by young-wornen,
..on within, after obierving.,their address, he gene. ,
rally awaus, for' the purpose of ::electing those who •
seem ,most likely toanswer the order given him by
his employers. A young woman in the Stnitid, of -,
respectable parents,- last
_week, in consequence of
embarrassed circumstances in the family, wished. to
procure •a situation by:advertising, , and application
having been made to her, by this procurer, who rea-
dily agreed to obtain her onein a-Gentleman's far ,T
Truly. near Bath, referring her .to Mr. in
the vicinity of Bond:street, with whom she was,
to remain for a few days before he left town for hia.:l
country residence; but fortunately, on Tuesday,
her relatives inquiring :into the character of Mr. ,
really di.icovered, the intended plot between
himm and the miscreant, and was the means of pre-
venting berg-ailing a victim to their machinatleas.lt is
to be hoped that the handS of Justice will short-
.ly be the- means of preventing. this ' being
carried on much lot.i4er by this old pander, WOOJ
has-bpeu of many young i.vurnen by his
,treachery. .

LAW Er P RT.

COURT OF K.lNp's BENCH, Fan.

THE TUNG V. GOyEENCI:-PICTON.
- this ease, in which the J ry had retarned a Spe-
cial Verdict' on an indicirreeit against Geaeral
tort; for ordering the tont', e to lat hi-Oa:led on Louisa'
Caderen, came on to asgued. bi fore the Court.
to=day. •, . •
NOEM,i, in a very able arid learned 'spe.ei.h,
argeedatiecase on .the part of the Prosecution. He
• diVided his subjeat rote five heads:, Ist, Whether
the Law, Which autiforised the India ion .ofarorture
in the island of 'I tieidad, while it feraed, part of
the doeurtions of a:pain, was not aimulad by its re-
duction by our forces, and, of cr urse, becoming a
par; of the firitiali Empire ? 2d, Whether, Sep-
- positigaite old law thus to have ceased,' yet, aS.it
was faunal by.l he vareiet that he -had acted w dhow
malice, he had: teen guilty of an itadiatable Offence.?.
" 3d, Supposing that malice-fell to be ieferreda so.
that, as against any Common person a crime bad
been committed, yet, alai 'he acted -in the'capaai,y of
hidge, he was responsible for what he had done
in that character ? 4th, Whether; supposing him
to have ?tied as a Judge; yet, if, as" a Colonial
Indge, he must not strictly conform to the Law of
the I-land older which the torture was applied ?-
sth, Whether, on the construction of the King's
Commission , to Governor Pieton, he bad any au-
thority to ant as a Judge, or if he did not act, in The
case in' question ip an arbitrary manner, and with-
out any jurisdiation whatever'?
_On the first point
the Le,:rned Counsel entered at great length into
the opinions 'of the most celebrated La wyears, and
into the .decisions of the, Judges, on the qtiestion,
- deducing .iris fates and arguments from ourearliest
legal records., ,From a review of the-e, as cella
mented on .by Coke, For tescue, -Blackstone,
_ he spewed, that torture was expressly for hidden by
I‘l‘agria Charts, that it was repr pant. to the funda-
mental principles of the'Britiah 'Constitution, „being
an ineffectual mode, prohibited by law, to procure
a confess on of the party ac7.litad. aeerin,t himself,
and
_carrying with it punishment before ;he proof of
guilt. An immunity front iortere was one of -Ole
indefeasible birth rights of the .tit,jeCtS of thIS coun-
try, which they canned alang wit them into what-
ever place they west, the- inorneht it because a part
of the domilatels of our drown. Alluding to the
price jiffie de dare,' he argued that it did not Apply.
It was Hot in the nature of a toriunetutueopel con-
fession, but in the nature of -punishment to compel
the party to plead, or enter on his oefence. the
terms of it being " there to be kep tid'he dies."—
If these, then; were The perucipiea-of the Law of
this Country, the question was, it our subjectsK ere
to to•e their birth-right by a removal to any of Lite.
• Colouies• which- might be conquered to the Clown
of these R. alms. He did not mean to touch oil the
power of ihe Crown•to make Law a for the ragela-
tion of our Colonies, "lie only be-aged to submit that
• this must tiet dune SUB Mob(); and that such regula-
tions must not be ageonst the rulidae.eetale of cur
Conslit talon.- The great question Was, if those funds- '
mensal principlei were to be locally confitiedavithin
this country, at a time *hen his Majesty,bad
power of sending so marry of his subjects can of it,
both fur civil and military purposes. He eoula'well
conceive that in the case of a Colorty acquired by
conquest, cenditiOns of a local nature as to-property,
might be settled, but as to personal imtnunities,
fhe•e, he submitted, the subjects of this country car-
ried along with them. •
_ Lord Eia.etaaoaouore observed, that this was
saying that his Majesty a ould not be entitled to re=
ceive the capitulation of any Island, on the condi-
tion of feaeiving its civil hiuLec,lesiastical privileges.
Supposing one of these to hat e been the exercise of
the heeesaion,
,did the Learned` Counsel 'Mean- to
say, that an agreement for theaurrender of such an
island; reserving that usade; would not be valid ?
He wished to know the h-il extent of -the proposi-
thin maintained by the Learned C'eurhel,
'Mr. NoLAN proceeded. He only meant to argrie
the case as it stood. He thought it would
beenadle and impertinent in him to argue the grant
of prerogai ive, as if there bad been articles of capitu-
lation, there hazing been none in'the pfesent case.
If'he was ealled'on.to argue the point that length,.
however, he should have no-difficulty in contending
that his Majesty was so restrained. '.ln aCalvin's
ease it had been laid down that allegiance.encl pro-
tection were:reciprocal, and as the tubjeas of this
country were not freed fram their allegiance by re-
moving to any of our conquered culouies abroad, •
neither were they to be deprived of their indefea-
sitile birth-right's as 'British subjects.- The Learned
Counsel went on to shew that when our King went
abroad carrying his subjeats along with him, the law
of England folloWed them,-and -was administered
abroad as it would have been in, this country. Even
that Court had followed Edward I: into Scotland,
and hl d " kept- orainary Courts of Justice there."
The general rule as laid down by the best writers-on
our law, was, that no prerogative of the Crown could
be claimed contrary to Magna Charta, and if his
Majesty chose to send an atmy to conquer_ eel
island, it would-be absurd to coutead Mat as a re-'
ward for their meritorious services, they should be-
come subject to all the senseless and-unjust laws of
such .Island. Sup h surely could not be contended to
be the rule'pretious to the conquest 'of the island,
and it would be rather strange, if -that consepence
should attach the moment it became by cOnquaast a •
part of the dominions of the CroWn of these Realms.
This would indeed be to wear laurels as sacrifices,
'rather than as emblems Of exultation over. the 'con- •
quest they bad aOhieted. C'onryns, in 'his Digest,
laid itadown as the Common Law-right of every
suhjeta-of this Realnl;and of the Plantations thereto
belonging-, to be governed by the Law of -England. ,
Coke and Vaughan laid -down the same doctrine;
and even in the Civil L'aw, it was to be observed,
that in fundamentals the Law of Monte could not be
• departed from by her Colonies. By the Cis it Law
the torture could not be practised against a free
man, but slaves alone were subjed to it, so that his •
Learned Friends on the other side, who would build
en the Civil Law; must plead 'their case higher esen
than it would support them in doing. Cicero's charge
against Verges was, that he had inflicted the torture
on a Citizen of Rome ; and we have another in-

--stance- fulnislre4 Croft!, Holy Writ, where the
Avostle Paul clairne4 the pieilegeot being a Rosin
Citizen, bring a native of Tarsus, a free city, AS an
irrinuiiiity from tortare. Chiel.Jilst:ce Coke quoted
and commented .on this,-eise as a proof that the pri-
‘ileg6 4 citizenship extended be,ond the place
where ihe law was enacted. The Learned Counsel
proceeded to slew tht different bearings of ihe
oi-Judges, nd of the Cases to be found in the
books, as to inhabited
.'or uninhabited colonies
which might be tukenposses,ion of. ..Gratius laid
it :down to be- not only the right, but"the.duly,
of-
a Conquercii, to prevent the continuance of talse.re-
ligion.; and, in a case in,- Peere Williams., it Was'Oe,.
:teimitred, that.until instruCtians were received from

the King in COuncil, for Ibe better administration
of the', law. al airy '.conquered colony, the 'existing
laws should remain, .utiless in so tar as they were
against religion, or contained anything malunz in se.
lie submitted that torture to as malum in se, it being
r&pilgootit to th,-Law of Ciod,, to sound reason,
.and
to the fundamental principles of the Cinistit4!tion of
this,country, to condemn any man to piini,htnent
before,convi4ion., In the case of rabrigas against

Governoriirlostyn, of Minorca, for imprisoning him
and banishing'him from the Chief Justice de
prey had held, that though such might have been

the old law of the island, and that even torture
might there-have been uraCtised, the Governor must
have,knovvri that stied a prae-tice feil u ith' the cAp-
lure, the Constitution of England putting all end to
every idea of such puniSlitneats, unless preceded by
conVialion. against this the Union of England and
Scotland might probably be adduced, torture being
tolerated in the latter country for three .years after
the Union, A.Vllenit was abolished by Att of Parlia-
ment. That, however,. was the caSe of t‘, o indepen-
' dent _nations, stipulating with each other. The pre-
snt was a the of conquest, vif;ere 1 here were no sti-
pulations. The Learned Counsel then proceeded to
the :other points... Malice., he .suhmitted, must be
implied where the ad was illegal, and this Ire Proved
by varion authorititi. Judges tog, he argued, were
hakle to be 'indicted, patticularly those
.bf infetior
pliikditticin, witen they a.'.-ted without authority, or
exceeded' "their pyv>er-s. • SuppOsingihii Defetalant
in. thiS cage, tO hate acted agreeably to his
powers, and tp the Law 0f.0.d Spain, try ordering
the torture,.:4lll" the other re. quisites. or that law had
not been complied wirb, 4'def4lisue• tor the accused.
being necessary, and. none .haying heen.apPibted;
and five days interval being.appointed betwixt the
cirder and execution-- of the s::.-ntence, whereas here
the sentence had -been'ex&pnted on the very follow,
ing ' day. ' •
•
Lord ELLitinditotion" and Mr. Justice -BAILEY
ipClitlud." both tb think that the Petetidant W not
resprin-ibte for this, lie bot baring ordered the tor-
ttire to be infliCted otherwise their according to the

Mr..NoLAN still_conten4d, -that. kill the inflic-
tion vi the torture was in ilself unwarranted. Hp
proceeded-to the last point, namely, to the instruc-
tions-by his Majesty to the Defendant, and catitnd-
ed, . that the Courts, in the, Island'heing to continue
asfo rrnerlyi•thal these consisting of three'cb-equal
jurisdiCuons, without any right of appeal from the
one to the other, the Spanish Governor having no
right of appeal except from hid own Court, the De-
f-ndrut's jurisdiction being exadly similar; and the
case of Louisa Calderon having originated not before
the ..ivernvr's Court, but before the Alcaldes, the
Defendant had no right whateter to interfere, the
prociedings being coram non Judice. By the Law.
of Spain, an" appeal lay, before judgment could, be
carried into rift et, to the Audience ofCaraccas. But,

because their right had now-ceased, it did not
'as a matter or course, that it would devolve, without
appointment, on the Defendant.
Mr. Justice BAILEY said, that the instruaions of
his Majesty to the Defendant ime6ted him with
the whole executive pm% er.ot the colony,, and be
Might have done this aot in virtue of his-executive
authority. Did the Audiente of the Caraccas, he
wished to know, exercise an appeal of. a judicial
kind, or did it partake of an executive quality ?
Mr.-OLAN contended, That their appeal wag
purely judicial. The right exercised by the Defen-
dant was very different from that which they used
to posses°. They could never have been-called on,
as the. Defendant bad chosen to do, to proi:ounce
an order while a case was pending. The Alcalde, it
was to be observed, had pronounced' no sentence ;
there, therefore, could be no appeal.

Lord ELLENBOROUGU wished to have more evi-
dence of the nature of the Constitution of the. Au-
dience of the Caraccas, whether it was judiciai or ex-
ecutive. If executive,'it would bear very-strongly on
the case, as in that event the powers possessed by
them had devo!ved on the Defendant under his in-
s t ruOicsiis.

Mr. STEPHEN stated a case which had come un-
der his observatioh, where the Government at -Ma-
drid had re' ersed the judgment of tie Caraccas, and
had dent the matter back to them to 1)-37:47,' ihe- sen-
tence extcuted. This, I!",.-cmtended, shewed that
iheir jurisdiction YQndhk of the executive as well of
the judici_;:;;•'''

-lit:-ISjOLAN argued that this proved nothing. If
an appeal was to come before that Court Irern the
Cornmon'Pleas, and from-them to go to the Hot/se
of Lords, 'that House would, as a waiter of course,
send it back to this .Court. But-112dr would nor
make them an executive body.

Lord ..EK.ENZOROUGH wislted more' nformation
on the point. The case must stand over till next
term-. "If any farther light could in the mean thine
be thrown on this poiut, they $ ould be happy to
receive it. They should then hear Mr,. Stephen on
the other side, and Mr. N ulan* would have au uppor-
tUnity of, replying.

FZIRUARY 3.

The whole. day was taken up with the justifi-
cation of bail; for which purpose Mr. Justice
BAILEY sat. ' 'Observing the Attorney General
enter, ,the Learned Judge asked him if he was
aware that the other Judges would not be in Court
today.

The ATTORNEY GENERA-I. said, he was net ; but
that be had a motion to make which might as well
be made betore a single Judge as the whole Bench.
It was a tnotion for leave to. file an information, in
the.nature of quo zparranio, calling on-GeorgeGill to
spew by what authority he exercises the mike of a
burgess of the' town of RichMond, in Yorkshire.

,•
The affidavit slated the constitution of the Borotnib
and then the mode by which this Gentleman was
elt'ctedr; to which there were two objections.—
first, that the Mayor voted, whereas, by the consti,
tution, he had' no right to vote among , the Alder-
who weretwelve in number. Secondly, t bat
the numbers being equal, the Mayor gave, another
thea vote, to turn scale, under the title t,f casting
vote; a right 'Mtieb he could not possess, even.
under the authority of any bye-law, for a hie-
law mould' be bad, as being unreasonable,' if it
gave the same individual power to vote twice at
one 'and the same elettion.—Rule to shew cause
granted.

COURT OF COMMON PLEAS, Fig. 7

MERCIER AND CO. V. GRIFFITHS.

This-was an action brought by the plaintiffs, who
are printers,.to recover the sum of 61. 2s. %tor print-
ing done tor the defendant, another printer. , it,ap-
peared in evidence,. that Mr. Griffiths being pushed
to bring ow in time a periodical publication callt;d
the Agricultural Magazilie, applied to plaintiffs•fOr
help,' which was readily granted. After proving tts,e
work done, &c. the Counsel for 'plaintiffs said, that
he;could not crinceivewhat plea was to be set up for
not pa% ing so jnit a debt.
The Counsel for Defendant did not attempt to
deny the debt, but endeavoured to prove, by several
wknesses, all booksellers, that there existed an esta-
blished rule of: printers giving a twelve-month's
credit to their employers, which was ngt done by
the Plaintitii in the present case. • if was; how 7
ever, clearly ascertained, on the other hand, by
other Witnesses, first that no such established rule
existed ; and, Secondly, that though some credit was
alloted from printers to bboksellers, yet it could
not follow that a printer was to grant another grin-
; ter such a credit, when, as was the case in the pre-
sent action, he not only had generously come for-
ward to nelp lnm in his exigency, but charged him
for such work %ery Pirtle mote Phan what was acid-
ally paid to his men for the same.
The Jury, after an able chare from the Judge,
immediately found a verdict fir the Plaintiffs.

COURT OF CHANCERY, FEB. 3.

EDMONTON CHAPEL.

,A.bill had been filed in this case, on the part of
the Attorney General, in behalf of the relators,
who were members of the congregation of -the
'Ed-
munton Chapel,. against the Rev. Mr. Fowler, the
Minister of the Chapel, and the Trusree;, under
the deed of trust.- The funds of the Chapel, it irp-_
peared from this deed, were, to arise from the letting
of the pews, the. proceeds of which were to be ap-
plied, hrst, in payment of the rent,,public burdens,
and s4sties to the necessary officers, and the balance-
was to belong to the Minister,- which, in addition to
.such gratuities as lie should receive from the indiVi-
'duals of the. congregation, was to form his income.
The Bill charged that the defendants had violated
the- trust, by excluding certain • members of the
-communion, and by misapplying the funds. A Re-
ceiver -had
,been appointed
.by the Lord. Chancellor-
and a motion was now. made for an a t tachmen (against
the ditendants for different alleged breaches of the
injunraion. Mr. Hart was for the relators, and
Sir S. Romilly for thedbfendants. •
-The LORD CHANCELLOR could not see any eleat.
and positive contempt of the Court in the different
acts charged as brt aches of the iljuctlion, and over
the gratuities to the Minister the Court could have-
no controul. *appeared that .the pews were not let,
buj were occup:cd by. persons who., aid nothing for
them. It was absurd to suppose that the pews
should be let under the authority of the Mas=er in
his office; but stilt, it' a systematic plan was laid
to .defeat the orders of that Coln% some _remedy
must be found. It was tar from his wish to inter- I
fere so as to shut up the Chapel; but, at the sanie
time, this fund must be managed like any other
estate, and if- the defendants would interfere in
such a manner-as to render the order of the Court a
nullity, the Court must support its own authority,
by ordering that no pew should be occupied unless
paid for..—To give the parties, however, still- one
other opportunity of freeing themselves from such -
an tuterfrrence on the part of the Court as might
tend to injuae rather than promote the common. in-.
terest,-be should postpone making any order till the
first seal alter the term.

It is said that the late Mr. DEVAY NES, the banker,
made a curious Will, ►n which,/ after leaving his
widow 12001. per.annum, and 800 bottles of wine,
to:consummate her next wedding, he desires that a
bottle of fine old SherrY, of wt►ich he possessed a
great quantity, should be placed under each of his_
arms in his coffin.

The sale* fen lands, on Thursday and, Friday
last; _Lt Roston, was' well attended, Aqui the land
fetched high prices.-637 acres were sold /of the
East Fen, and 698 of the West, which fetched the
sum of 68,0401, The former sold for 20,9101.
averaging 3'll. Bs. per acre; tire latter fur 475t301.
averaging 671. 3s. per ace. Mr. TitoTTER,
well-known friend of Lord MELVII.LE, was a pur-
chaser to the amount of nearly 30,0001.
A tunnel under the Severn,, at Newnham, 'is de-
.cided on, and the estimated Aura for completing the
same is 'already subscribed. It will vet), 'much, fa-
cilitate the intercourse between England and -Solidi
Wales, and must prove highly beneficial to the
latter.

Yesterday afternoon an inquisition was held at
Mr. Piper's, in Water-street in the Strand, on the
body of john ,Grubb, aged
.26, long in the casual
employ of persons to carry their parcelS. Qn
Tiiesday forenoon he had some articles to take to'
the coach, and on going up Arundel-street, he fell
suddenly against the Crown. end Anchor steps, and
almost instantly expired. Verdict—Died by the
sitdtion God.—He has left a widoW and ten infant ,
children to lament lus loss.

' As the Retailer's profits are the same, whatever
-may be the priPe of Tickets, self-interest will not
be imputed to CARTER, No. g, Charing-cross, when
he again requests the public to buy immediately.—
Tickets and Shares are now purchasing with the
greatest avidity, and a rise in price, and perhaps dis-
appointment, will bp the probable consequences of
scarcity. •

One day lastAireelc a wild goose; rendered
himself conspicuous by-hording with fi flock of he-
rons; Was 'purshed anal 'shOt iu. AlfriSton Brooks,
,Sussex: Au eagle; olextradrdinary siie, has lately
corhatitted great depredations,: ih the sue county,
where he proves so terrific. to the wild that
-the ch.-coy at Batten is thereby rendered quite use-
less—not a solitary duck dares approach it. This
tyrant of the air had,• however, last week, a very
narrow escape—the ball of
.rifle-piece, discharged
him, having struck the post oh which be sat
perched.

A
haddock; .of the ex traprdinarY weight of eleven
pounds and a half, was exposed for sale in Aberdeen
inirket. on Friday seinnight, and gold, for ad..
EXTRAORDINARY FAMILY.-- Audrew -Pearse, 21
very industrious man, who works at Messrs. Hare
and :son's, floor-cloth manufaoory, Bristol,; wat
married Jon. 20, 1801; to Hannah Taylor, by 0)(0
he has had fourteen children in little more than six
years,. -with a speedy prospea of a farther increase
to the family. The children consist of three, boys,
borryOcC'l, 1801 ; two,boys, :1, 1802 ; one
-13Oy and a girl, July 16,,1:803 ; two boys, May 13!
1804 ; one boy aria a girl, Feb.. 14, I 805 ; one
`and a girl, Jatuary- 14, 1806; one boy, Nov. 1(3,
1807.

The Fourteenth of this Month will be letpem-
bered with joy and
. satisfaction by hundreds,.::to the
last hour of iheir lives ; far on that single day. Twothindred Thousatd Pounds will bt.,distyiboted iu
Prizes by the
.Drawing of the present Lottery.—
Tickets' and Shares may be' purchased :at Swit-r
'arid Co.'s Fortunate Offices), as 'long as any remain
for Sale.

• SHIP NEIVS.

GRAVESEND, FEBEGART S.
Arrived —the -Britannia, Mitchel,, from .St. Thomas's
Croydon, .Williams, from 13arbadoes ; Maria, Lusk, from
Martinique ; and the ATMs Bella, —, from Grenada.
Sailed—the Mary Ann, Croker, far Mogadore ; and the
Duchess of Bedford, Patterson,' for Lisbon.
FE.s. 6. A rriveck—the True Briton,• Perry, from St. Mi•
ch el's ; Richard johns, Burns, from Cork ; and the Ganges,
Est wick, from Bombay.
Sailed—the Pelican, Norris, for Malta.

'fi IR TM:
On Monday 6st, at Kilburn, the Lady of Richard Brown,
sq. of.a Daughter.
Mrs. Hart, wife of Mr. Robert Hart, otilolborn.hill, of
a Daughter, being their eleventh child.