The Sun.
London, England, 1810-05-21 00:00:00

From the LONDON GAZEiTh', 41ay 19, 18 10.

.Adntiralty-Office, May 19, XlBlO.

Copy of a Letter from Captain Lvenotierc, of his Majesty's
.Sloop:Orwes, at sea, addresser.' to Admiral Young, at
Plymouth, and transmitted by the latter to John Wilson
Esq.

His Majesty's sloop Orestes, at sea,
ivldy 9, 18 io.

SIR,

I have the satisfaction to' inform you, that I this
morning tell-in•with (the Lizard bearing N. E. by
E. eight leagues,) and capturedr afte, a chaSe
of seven hours, the French schooner privateer La
Dorade, mounting ten carriage guns, commanded
by Emmanuel Ives Le iloux, with a compliment of
foriy,three.rnen, Dar.ng the chase his Majesty's
sloop Favourite, joined to leeward, and as we wete
chasing before the wind the situation she came in
rendered it totally impossible for her to escape, but
-it aas not nutil her main and foretop masts were
shot away, (which I Am much indebted to the Fa-
vourite for,) that she brought to • she is perfectly
new, the first croize out, and sailed from the Isle de
Bas the evening before, and hats not made any
eaptUrcs.

I have the honour to be, &c.
(Sisntd) J. IL LAPENOTIERE.

Whitehall, May 19, 18 tO.

The King has been pleased to appoint L. H. Fer-
ri,r, Esq. to be a Commissioner of the Customs in
icotlaud, %ice S. Moyse, Esq. resigned.
IL/lift-hail, May, 19, 181 O.

The King has been pleased to present the Rev.
Joseph Coltman, Mister of Arts, to the vicarage of
Kirkby, Aloorside, in the county and diocese of
York, void by the death of the List incumbent.
The King has also been pleased to present the
John Campbell ,o the church and parish of
North Knapdate, the Presb“..Ty of luverary and
shire of ArB,ll, vuid by the death of Mr. Arcnibaid
Campbell.

lnr-C?ffice, May 19, ti;o.

Ist Regiment of. Lire Guards, Sub-Lieutenant jOsepb Kelly
-to be Lieutenant, by purchase, vice Toinkynes promot-
td. Cornet Charles Theophilus Hall, troin tile 13th
Light Dragoons, to be Lieutenant,"by purch.n.e,vice Web-
ber, who retires i
, .
3d Regiment of Dragoons, Edmund Cressweil, Cent, to be
Cornet, by purelt"ase. • i
. ...

4th Ditto, jaine& Winstanley, Gent. to be Lornei, by pur-
diase, vi..e Langton promoted. Hospital Mate Gavin
Nilson to be Assistant Surgeon, Nice .Jones, proinoted to
the Staff.
ith Regiment of Light Dragoons, Lieut. HughsPrice, from
the 67111 Fopt, to be Lieutenant, vice Gartside, who ex-
changes. •
tjth Ditto, Cornet A. I. Cloete to be Lieutenant, by pur:
chase, vice Stirling, promoted in the 37th Faot.
tst Regiment of Pout, Hospital-Mate Atkinson Wilson to
be Assistant-Surgeon, vice Morrison, who resigns.
Sth Ditto, Hospital. Mate Lucas Pulsford to be Assistant-
Surgeon, vice Moore, promoted.
totli Ditto, Ensign {allies Taylor, from the Bth West India
Regiment, to be Ensign, vice Taylor, who exchanges.
28th Ditto, Lieut loho Carroll to be Captain of a Company,
vice Hill, deceased. Ensign I. R. Graliain to be Lieut.

vice Erroll. Robert bilitchell, Gent. to be Ensign, vice
raharni
std Ditto, Major W. A. Johnson to be Lieutenant-Colonel,
by purchase, vice Hopkins; who retires. Captain H.
itichartison to be Major, by purchase, vice f obnson. Lieut.
Edward Whiny to be..Capt:iin of a Company, by purchase,
vice Richardson. Ensigii lames Robinson to be Lieut.
by pu chase, vice
34th Ditto, taeut Edv‘artt Gregory, from the gsth Foot, to
be Lieut. vice Aliix, who exchanges.' Ensign Henry
Faui.t to be Lieut. vice French, deceased.

35th Diti,,, Ensign Thomas Austin, tram the West Mid.
. • dlesex blilitia to he Ensign.
39th Ditto, Hospital -Mate Arthur Hamilton to be Assistant.
Surgeon,.vice Burgh, deceased.
4zd tvitio, Leutetiatit Netl MacGlashan to be Captain of a
Company, by purchase, vice Ogilvie, who retires. En.
sign Alexander Dies Jason, !turn the 801... Garrison Battalion,
to be Elisio, vice leggett, placed on Flotlt-pa) of the Bth
Garrison Battalion.
47th Regiment of Foot, Engign Andrew Lindsay, from the
Uumtrieshile Militia, to be Ensign.
48th Ditto; tiospital.mate David Wright to be Assistant-
Surgeon, vice trlaxm.ll, deceased.
,both Ditto, de Schanz, Gent. to be Ensign, without
puichase, vice flunibold, ‘viio resigns. fames Briscoe
- t...att; Gent. to be Ensign, vide Montgomery, who resigns.
67th Ditto, Lieutenant Thomas Gartside, front the I ith
Light Dragoons, to be Lieutenant, vice Price, who ex-
changes. Ensign Alexander Clark to be Lieutenant,
out purchase. Robert Gent, to be Ensign, vice

Clak.
?ISt Ditto, Lieutenant A. t. M'lntyre to be Captain of a
Company, without purchase, vice FalconAr, promoted to

the 52d toot.
76th Ditto, Major john Wardlaw, from the 64th Foot, to be
Lieutenant-Colonel, by purchase, vice Shawe, who re.
tires. Ensign Charles Sach to be Lieutenant, without
purchase, vice Lambe, who retires.
78th Ditto, Ensign and Adjutant Bohn Cooper to have the
Rank ot Lieutenant.
84th Ditto, Ensign lohn Spottswood to be lieutenant, with. -
out purchase, vice Lewis Fraser, who resigns.
S9th Ditto, Captain George West Barnes, from Half-pay of
Skerrett's Regiment, to be Captain of a Company, vice
Manic, who exchanges.
94th Ditto,-Ensign David Campbell to be Lieutenant, by
purchase, vice Kingdom, promoted.
95th Ditto, Lieutenant W tittam Allix, froin the 34th Foot,
to be Lieutenant; vice Gregory, who exchanges.
Royal Staff Corps, Quarter Master Serjeaiit Daniel Neatly
to be Quarter-Master, vice Geary, appointed to the
_3d
Garrison, ha. Nil ion. •
-
Bth West India Regiment, Ensign fames Taylor, from the
loth Foot, to be Ensign, v:ce Taylor, who exchanges.
sat Ceylon Regintent, ad Luattenant Edward Tench to be
ISt Lieutenant, without purclnse.
Roll's Regiment, Ensign.-- de Hertenatein to be Lieu-
tenant, vice During, who resigns. Ensign de
May to be Lieutenant. Otto Henry Salinger, Gent. to
be Ensign, vice -de Hertenstein. Charles Frederic
Gravinan, Gent. tb be Ensign, vice de May.
DMun's Regiment,- Captain 1.13. Hirtz, from }LIMN), of
the Clusseurs Britanniques, to be Captain of a Company,
vice de Marmon, who exchanges.
xst Garrison BattaliZni, Ensign john Entinger, from the 7th
Garrison Battalion, to be Ensign, vice Ireland, placed on
Half-pay ot the 7th Garrison Battalion.
zd Ditto, Lieutenant John Wade WeSt, trom the 4th Garri.
son Battalion, to be Lieutenant, vice Hastings, who ex.

changes.
4th Ditto, Lieutenant Charles Hastings, from the 2d Gar-
rison, to-be Lieutenant, vice West, who exciia. ges.
Bth Royal Veteran Battalion,. Ensign Robert Wilson to he
Lieutenant, vice Irwin, deceased. Quarter-Master-lames
Booth, troni the 59tn l'oot, to be Ensign, vice Wilson.
STAFF.

Captain Peter Thornes Ryves, from the 6th Garrison Bat-
talionl lobe a permanent Assistant in the Quarter-Master..
General's Department,' (with the Rank of Major) vice
Nesbitt, promoted.

HOSPITAL STAFF.
To be Hospital-Mates for General Service.'
William Faulkner, Gent. John Crozier, Gent. John H.
Sprague, Gent. William Dent, Gent.
The King's German Legion-.

td Dragoons, Major Charles de onquieres to be Lieutenant.
Colonel, with temporary Rank, vice Velthenn, appointed
to the Command of the 3il Light Dragoons, Capt. kre.,
derick Lender to be Major, with temporary rank, vice fon-
.juires. Lieut. Lewis I hicle to be Captain, with tempo-
soy rank, vice Leuder. Lieut. Charles Leschen to be
Captain, with tenipur..ry Rank, vice Bermnanit. Cornet

BURIDI_,;7'T.

FIRST REPORT FROM THE SELECT COMMITTEE ON

PROCEEDINGS. RELATIVE TO SIR FRANCIS BUR--

DETT.

(Contintd frc.m Saturday.)

Your Committee think it expedient to state to
the House,.that there are various instances in which
persons committed by the House of Com Mons
have been brought up by Habeas Corpus before the
Judges and Courts of Common Law; and in these
cases, upon its appearing by the teturn to . the Ha-
beas Corpus, that they-.were committed under-the
Speaker's Warrant, they have been invariably re-
manded.

3. Having stated these instances of the manner in
which the ads and commiunents of this House have
been brought into Judgment in other Courts, and
1 he -consequences of such proceedings, your Commit-
tee further think it proper, and in some degree con--
'netted with this subject, to advert to the course
which was adopted for staying proceedings in suits
brought against Members and their servants, while
they ere protected from such suits during .ihe sit-
t ing'6l Parliament.

The roll of Parliament, 8 Ed. IL affords the
! earliest trace which yuor Committee has fOund
upon this JUbicti It is a writ from the King,
confirmatory of the privilege of being flee iroiu
suits in time of Parhament, and is in the following
words :

Rex mand..vit justiciares suis ad
.assisas, just : &c.
piendum astignat quod supersedeant caption' corandem
utn c..rnites bar.,nes et alii summonati ad Parl re6is suet
portes qu.mdiu dictum P,rliatnentum duroverit.

There ha,e been various modes of proceeding to
enforce this privil4ge. In Dewes's Journal, p. 436,
31 Elz 1588-1589, Friday, 21st of February, yOur
Committee riot! the following entry :—Upon a mo-
tion at by Mr,
,Harris, that di%ers Members of
this .R.use having writs of Prius brought
against them,. to be tried at the Assizes-in sundry
places in this realm, to be holden, and k,pt in the
Circuits of this present vacation, and that writs of
supeisedeas might be awarded in those cases, in re-
spect of the privileges of this Hou.e, due and apper-
taining to the Members of • the same ; it is agreed
that those,of this Howe which shall have occasion
to require such
.benefit of privilege in that behalf,-
may repair unto Mr. -Speaker, to declare unto hint
the state of their cases, and that he; upon his dis-
cretion (if the casks shall so require) may direat the
warrant of this Honse to the Lord Chancellor cf
for the awarding of such :writs of supersecloas
• accordingly." .
But the House used to stay also proceedings by its
own authority : sometimes sending the Serjcant at
Arms to deliver the person arrested. out of custody :
and sometimes by letter from the Speaker to the
Judges before whom the cause was to be.tried.: ,
this latter mode. of proceeding, your Committee find
many instances previous to. the 3d of Charles j.
Your Committee find a deciiion against the autho-
rity of such a letter, in the Court of King's Bench;
which is reported in the margin of Dyer's Reports,
p. 60, and in Latch, pp. 48, and, 15.0. And shortly
after the refusal by the Court of King's Beach to no-
tice this, letter from the Speaker, the Pirliament was
clissOlved. There are, however, . many other in-
stances o! this course of ptoceeding after the'Resto-,
ration ; arid in the case of Lord Newburgh. (23d"
February, 1669) the House ordered the proceedings
to,outlawry to be staid during the Sessions, and the
record of the exigents to .beyacated and taken off
thefile.

. TI e last-ins.ance which your Committee find of
such letters having hecn written, occurs in the Lord
Bulkeley's case in 1691, in 'which the Speaker is di-,
rested to write a letter to the. Prothonotary that he
do not make out, and to .he sheriff of the county of
Pembroke, that he do not execute any writ where-
by the I,,rlll9lkeley's possessions may he disturbed
until Mr. Speaker shall have examined and reported
thematter to the House, and this House fake fur-
ther order thereon. By 12 and 13 Geo. 111. c. 3.
this privilege was curtailed; and further by Stat. 2
and 3 Ann, 2. c. 18.-11 Geo. 11. c.3.—Geo.
lII.c. 50.

Lord Chief Justice de Grey says, in Crosby's
caser " if a Member was arrested before_ the i
and 13 W. 111. the moiled in Westminster Halt,
was to discharge him by Writ of privilege, under the
Great Seal, which was in the nature of a soperse-
deas to the proceeding. The statute of William
has now altered this, and there is no necessity to
plead the privilege of a Member of Parliament."—
All these Ads merely apply to proceedings against
Members in respect of their debts and actions as in-
dividuals, and not in respect, of their conduct as
Members of. Parliament ; and therefore they do not
in any way abridge the ancient law and privilege of
Parliament, so far as they respect the freedom and
conduct of Members of Parliament as such, or the
protection which the House may gibe to persons
acting under its authority.
4. Upon the whole, it appears to your Commit-
tee, that the bringing these actions against the
Speaker and the Serjeaut, for acts done in obedience
,to the orders of this House, is a breach of the privi-
leges of this House.
And it appears, that in the several instances of ac
lions commenced in breach of the Privileges of this
House, the I- :use has proceeded by commitment,
not. only against the party, but against the Soliciror
and other persons concerned in bringing such action;
but your Committee think it right to observe, that
the Commitment of such party, Solicitor, or other
persons would not necessarily stop the proceedings
in such action.

That as the particular ground of .a6lion does not
necessarily appear ,upon the writ or upon the decla-
ration, the Court, before which such action is
brought, cannot stay the suit, or give judgment
against the Plaintiff, till it is informed by due course
of legal proceeding, that such action is brought for a
thing'done by order of the House.
And it therefore appears to your CoMmittee,
'What even though the House should think fit to
commit the Solicitor or other person concerned
commencing these actions ; yet it will still be expe-
dient that the •House shouldk give leave to the
Speaket and the Serjeant to appear to the actions,
qnd to plead to the same; for thepurpose of bring-
ing under the knowledge of the Court, the autho-
rity under which they acted : and if. the House