The Sun.
London, England, 1811-11-26 00:00:00

VACCINATION.

-account '
. . ,
I%IR. EDITOR
The sitem telt
from Montego
Inoke
otii Bay, speak of the Sinai! l'ux having
. the West Indies, and la
in several plAntatioos, and Of the
tion to
ne inoculate tor Small Pox, in order to check
‘l.nettrogr_ess of it. When the %Old° Willy tool-
u_____l,_ o.ogainst three ignorant and designing niel';'he
.:uti,
apposition
evidence in favour of Cow Pe% wo's pleaded
Peosition to scusth and reason. Now let the
~"
cum)
co IllWory ' masses of fillure, front itingoo", /
EntTitilge. Witlierd, aad divers otlit r Nikes I"
t.
eO7Pu, be added to what. has rollv harenen,ll:l,
rn I.:;bntinent, the Vest Indies, al'id clice•rg 4-
emu! 9 ,places, where 1;:e stagnation of trade
!iv
Pwl) bii.l4ri.,: t4)°"dence, and theniet NOliartierapoi"!,
(list
400v1. a year cannot be bevel digid .tr .
of
in carrying on an experiment whid) to yews, ~,
w-ealttPrience proves to be :quite the: ContlarY .: ..
dehnce It
was
re resented
.to be by the alais of
examine before the Coin:nitteeof the Hob ;
A. 13,
of Commons. . .
, CONYZ/V,VON ".cr.
.........."7 „. .
As there
hat; been seeh .fretrient reference .o thei
CoNvat4TION AO', to Whioll the pending trials' Lit,
,the jaisii CAT,HoLtc DILEGATSS relate, 11,C fvtioVit.
IngCOPY of that Att will pto.bably;be very act
able to rnany,of oar Readei it :-,-. .. . . .
tie/
" Whereas the Eleisiton or ppointment a ~
or.oy
seiliblies, porporting.to represent the -peopl,
description or nurxiber at the people of tt`„is rellf7l
under_ pretence of preparing or presenting retinal
uomplaints, 'Remonstranees; and Declarations, nl,,
other Addresses to the King, or CO both or eilbg.
pst 1, '
:Houses of Parliament, for altetion of memo -40
bushed by law, or redress of alleged grievances fs
°torch and State, may be made use alO tioilli, I
ends of factious and seditious person,' to the v'jest 1
lion of the public peace and the. gest idsal, it 1
encouragement of riot, tutoult, and Litior 0.1, I
declared and enacted, by the woes iviost f 0,•;,.
lent-Majesty, by and with the adviCe and coast:ail!:
• the Lords Spiritual• and TeMpOral, and Coniroonst;
Parliament assembled, and by the authority cf L'er
game; that alt Assemblies, Committees, or ("et i
bodies of persons eleeted o
res any other 1110,4, I
constituted or appointed to present or assorning.:c
exercising a right or authority to represent lioll
people of this realm, at any number or clestliPt- 0,
of. the people of the same, or the people of apirbia
vtnce, county, city, town, or other distrid ivit ,
- or to ..
the same, under pretence of petitioning for,. _,,,.
ensother manner procuring an alteration of olsiitc;
established by law ,in Church or State, savo aw; ,0
cept :the Knights, Citizens, and Borgews elet'cert
serve in the parliament thereof; and save and ehs rho 'I
111 e Houses at Convucation duly surnmoned„. 4404
King's, Writ, are unlawful assetublies ; and 11, ":ice
• and may be lawful for any Mayor,• Sherd, .I°os
ofr the Peace, or other Peace Officio, 00,1114,0r'
, hereby resPeaively authorised and requireu, w'e all
his and their respedive jurisdietions, to dislierst
• s.i. ch unlawful as and if resisted, 14 pa.
111(0 the same, and tti i+ppiehend all per
°P°
leg in that behalf.- •-- .•
it' Per
2. And be it furthererailed, That'll ail. .be
..
sin rho„ or publish, cause or procnre reof
given or published, goy written or other eoncipt.:
election to be holden, urof any Mistuter or 0pP0,,,,.:
emit of any person' or persons to be the Iterevo,
native or Representatives,. Delegate of Witg:iiip•
or •to ad by any other name or discilL;,
whatever, as Representative. or iteOrosentoiroi :1
Delegate or Delegates of the inhabitenti,. ° ' •riy j.:
any description of .tlie inhabitants et. aot iPtilip ;
thisvltice ennlity, city; town,- or ,other &rid 41,.
ory
,!
..indoni, at -any sheik assembly ; . orl too ,
petAin shall attend and - vote at socb eleG of:
,or i appohntnerit, -or. by airy othe r , neao# votd • • ,
i eseo
.4,4 in the.ctioiCe or alpointment-of such'lleP' 0. ,
ofct
: !ietpailtidr D.:legate or-other persons:to'
. ti'd
..4,,0 . , , . ~
-to • . lit evely person' who shall be guilty of Poi,A' aii ~
Clit --t,
, • I olt nces respeiiively beingiliereof convL'e -11
Oa
due - . - '
. "ttrie 01 liw, shall be deemed 'guilty 01 a
,
misdemeanor.
tf in Or.'
. . . 3. Provided ai...vays, • That DOtliltig- here 4. to
• „pitutd shall extend 'or be construed to ester/ tiv
. set Jett-
)-: , .c. lons to be *made by Viodioi Cc°. sto
por sado.
~ 't
thing•to the clovers and usage of 512 ch
C" r . F poraterlap,aively. °Poi"
.. _ !I' 4. - Provided 'also, That notl,)ing resin c 0 or
Fashall he cons toed -,rl .4.,,y rk-300,:r to
.Pie.':bieoi
'mpriie the urtdoirmed r:ght of his AliirstY's 61: iota
-°,lthis realt'n to petit,oo his Aliijest,,9 gaol
Houses, or either House of Parinebefit,,for f
a any • - -
Pubite ar i,rvate grte-iance.

J E LA.'VI).

COURT OF KING'S BENCH, DUBLI!4,

TIIUItJDAY; Nov. 21, 1811.

(Continued tram yeiterday.)
rill ft
That, being impressed with the unalter-
;ele conviction of the undoubted right of every man
t
worship his Creator according to the dictates of
iltii„,"'wn conscience, we deem it our duty thus pub-,
,1 and solemnly to declare our-decision, that no
;oretnineut can inflict any pain, penalty, or-priva-
-1,11).,. for obeying that form of Christian faith which
in his conscience be believes to be right.
nte're"d—u That we again petition the Legisla-
tor repeal of .the laws electing the Catholics
of Ireland.
Third--" That in exercising our undoubted right
,t,:"ntions we will adhere to the ancient forms of
1-lonstitution, &c.
Tt.;,°uuh—" "that a Committee be appointed, to
in
eere into the penal laws,
.and make a report of
artle 'within one, month—'-(alt which were car-
ti, s
nnaitithoi.sly.)
"That the Committee'. to he appOinted- to pre-
inre Petitions to Parliament do consist
First-"Of 'Catlii;l;c*•Pars. and eldest sons of
eft and Catholic Baronets. •
" ,Second=-. Catholic Prelates. • •
1;
rhira-,-Ten.persons chosen from the, ounties,
111
the survivors'df the Delegates of
.179%, to form
an Integral part df ;thestrten.
• .
Ire", ourth—Four 'persons 'from each County -in
and ; (which ItesOltitibn -Waa likewise carried
Ittlattintously.)
into the
R,solutions. were Merely to throw duat
the eyes of L iyai Catholic;. fatly.. aware of
abelaW they were about to offend; they professed-
ii.edience to it while they were actually disobeying
Übserves they appoint Managers to COnv:uct
„ '9104 affairs until a- new CornMittee'ireletted,
:n Interim Government was appointed, not confined
ea Petition to-,Parliament but to manage Catholic
affhunt
gelle' ally. the Constitution, the manage-
(.l ()1 Ole public affairs •i 4 entrusted to the lawful.
aii)Lramellt 01 the Country. But. this a disdain of
c Bent,: and such proceedings are Hostile. to.
st'verninetit. It is said. that an assembly so cod-
uulted, Would 'trot ad, contrary to the prate • and
1 an9u,ility of The Country ; but a few .Tespea, able
').41 'Den in, such .an: assembly, could be no gua-
r , for enoduel-:-tire intemperate men, in
all such
meetings, zoVern the rest.- This Commit-
t,ttaok its rise twin the last ; look who their pro-
44'."'ngs had beeo. Their• language had been so se-
trea,onable,. and indecent, that their Press;
and.daring as it 'had been, was alarmed, and
would not venture to insert some parts of their
to p"eet'eti, but It-tt etrasinS and blanks 'in their-paper,
lrthat which they -dared not tell,, Every Cat ho-
,°l respeelability scandalized by
)46 wicked arid darigerOns oreceedings, Every
man wa's Calling out against such barefaced
led
-'°n• Government Was Waited for. not inter-
fri'ng. In February, hoWwiers'theY were about to
terminate tlirir. .sittings, Circular Letter was
lieM the Committee, to call a renovation of
lit; then, and not. before, Government interposed,
nb„-bY a measure. against laW, Merely signified to
tes24ldgistrates throughoutlieland, that the in-
lie--t 4 eked ions were against stat.nte.law, and should
iiiorie,eated. This the, desired effect ; for a
bers of **,,illtibandoned. Several- respettable ment-
Vern "le Committee who had, left it, however,
backit-„, to it•, believing ,perhaps, the existence
o r was Useful to the cause:, their. presence was
net interfered. upon the rest, • and the. Committee vtras
interieted• wilh until , the close. of their
thsit-.
• Dop; The meeting- of ilia oth of July was Otti,
of
-1" of some of then members who had, been guilty
e greatest excesses.. It ts impossible net, to
tb„,,nneire, however,- that there was a portion of, Well
I,s7knit; men amongst them. . It was then _held titit
tithe loyal Catholics of Ireland,. that their atten-
pia," was merely•called to the, petition,. and for Ow
ve'P:ose it was necessary to eled a Catholic. Con,
• is:it'°ll--but see what the substance'of the petition
to which was made a pretence of assernbling .thrs
tal•Dventign, order to
.spew what little delibe.
Nitun is necessary to frame:
.0 , petition, I ,41
l
ill et to (you-what the state of the Catholics was.
Ai,e Yaar 1778, and what it is now. Were the
thttr'rneY'General went into a statement of what
e
(iu Penal' laws were at that period, and their gra,
141 rePeals'and what the resttictions were which
e°otinne.) Let it not be understbod that i
it44o to speak lightly-of those matters.. I acknpw,
e the repeal. of them are- laudable,' obfats, for
trailtti,;l .
`'l rank and talents- to pursue. But,%vba.t. is
of the petition Those...restrictions can
l'er;:Pressed in a 'narrow acid .coutined.. compasa.--7
t,""th • capable of reading and writing coeld, form
foeretitinti
at otscei•andiwithont ditlicolly, aria thffire7
Venet.l°- talk of • collecting 'together a,.natioual _canes
lan for the purpose,' is an imposition. upon:corp.,.
-04 ii).
again sense... Their pelitien :has, been. riga
led Presented to Parliatnent—it has beets,discos•
qTatliament, and has.never. been' rejetited lor
thl/",f Arm. Why : has it .therefore
.been now
to 'deli-
ber;Pit necessary to summon a couveilliqn
.to 8-46,uPotv ;to 'call a converviOn of. 500 PL''
IP.° (it
;-; tbbe-c4Pitals 'day alter say,, 110 month ataer
a, party ,
untll ":'4.ittgluse.there is a rebel party, aticl
Irishmen at work,
to: and who pow endeavour
e:°::bY: artifice, what . they cool&hav llO.l etO. bbY
le to riff IeiINS and in 1803.. :They may
(1,4 411 calling a.attional,Converition, becAlli;s.s4cP
4tlerrrile, wicked, and fadious yersono vJay:a..
s way
ttit .kaSStniblitS. . How was this Conieution, 10
tvaiuYtbe.example of that Committee out of .which
.
therolc: siering what rules or .orders.Were,to govern'.
owe- ' uinn:;Parliatnent cannot meet btit 'by t
4tie.King„and cannot sit a intnner,t
.1.1.0e../11:ases., But this Convention, Self-Created,.
kisernhi w but its owo- discretien., Sntifft ran
of G-7,Y eon never ,be :tolerated under any force
(s This is no contest between the
carv•
e„,'', rot and the Catholics.7l deny.it: It is. a
bet" Ceti the. law and the violation of the
atßn peace. Government would .be unable to
i
It was d•B4limit to buch things.
t Dreg • be to
is no says the right to petition is attack
ti such thing. scut: Nu-
Because Government . ,
it) ; `iianvention can it be vid:they stop petition-
mof the' Catholics, 'Cannot have a 1'3.1°,1:4'
eriti 1, their own, do they cOmplaiti of not having
klverg, !it to petition Attorney.-Gineol then
the origin and necessity of, the- Cony! g-

i.
iion Mt; 4.vbich was adopted in consaiinenae of in=
tended meetings'propoicd by the .North of Ireland:
He then proceeded with great ingenuity:,and. ability
to cornment,on the Convention Act, on its ipplica-
bility,to the case of Traverser.—(Left speaking.).

The Irish. Papers., only furnish us with The follow-
ing aliitraKof:ihe remainder of this Trial. •
The- ATTORNEY GENERAL having concluded a
most 'able Speech
ThellolloWing witnesses Were then called on the
part of 'the prosecution: .
Shepperd, the first witness, said he was a police-
officer, that _ he attended the ,nreeting at Liffey-
street Chapel, in July last ; he went there by order
of the Ipaci !Antler; Dr. Sheridan, the traverser,
wash phair: Ttte first resolution received was,
that a, _Petition should be presehteci in the.: Prince
Regent, for a reeal e the disabilities still in force
against Site Catholics; and the second resolution„
that five Persoris should be appointed to represent
the Catholics of St. Matra .Parish; in the General
ComMittee Of the Catholics of Ireland.
On his cross examination by Mr. BURROWP.q, he.
said the meeting was open and public to every body;
-that it was. concluded with the •turriost decorum, and
Consisted of the most tespeaable persons'; and that
he-did in his conscience believe the real object was
to petition. He admitted he haa, taken minutes of
the proeeeding4, :and, had given in a written report
to the Magistrates ; but that he- had not. either then
about him. He said he had seen his minutes about
tendays ago, but he did. not know what wit, become'
of them. He said he would not undertake tn swear
that .the second resolution contained the word " re-
present ;" and that , the substance .of it wasi that
five•persons shoul&be %appointed to preseut or pre-
pare a Petition to the Prince Regent.
'..'The second witness, James Macdonagh, said, he
accompanied' the former witness to Litfey-street, by
order of the :Magistrates, and that the second tea°,
lutien was, that five persons should be appointed to
-prepare or present a. Petition 'to the Pt ince Regent,
and also to represent the Parish in the General Corn-
tnittetiof the Catholics Of Ireland... Upon his cross-
eXani-itiObti, he said, he'would not swear;that the
word' " reprt*ht" made any part of the resolution,
burn was Elba vi, something of the kitid. He said
he ietd. star' taken minutes, but had given no report,
thottlf-he had been asked for a report by Counsellor
sac;';" sine of the Magistrates.' The minutes, he
said-' he sa ten dao ago in his• desk, but did not
know where: they now were; he supposes they
wee-it:there or somewhere else. .
• '''tetiptain Hitcld:eston, late of the. 46111 Regiment,
a gentlernan'.frOm England, was next called uP.-H-
-fie,was,proceediug le certain eels of the General
ComMittee:4fCatliolics-on the 9thof July, which
%vas long prior to the 'meeting in question, when it
was ohjeOetl by Mr. Goold, that there was no con..-
net:lion proved ;between these two meetings, land
that the ants clOne at the Rye-house Plot might as
well be given in evidence against. the TraVer4er.—
The Court; however, decided that, till the evi-
dence was given, it was impossible to say whether
it was relevant or not. The Captain was then pro-
ceeding to detail the resolutions of the meeting of
the .9th of July, which, he admitted, were in
wri:ing, and it was again insisted, up,on the autho-
rity of the case at the King v. Hardy and others,
that these resolutions or propositions being in writ-
ing, par Ole evidence could not in the first instance
be entertained of their nature or substance, and that
the Crown must previously shew that it was im-
possible to produce. the written resolutions, and that
Mr. Hay, the Secretary of the Catholics, ought to
`have been summoned to produce these resolutions.
This' Gentleman went into a detail of the rd.
ceedings of the General Cat holloCenunittee on the
9th ,of July, upok the relevancy of Which to the
prosecetion the Court pcOponed their opinion.
„aere 'the:gage for the Clown-closed, and shortly
,after. the Court adjouteed till ten o'clock tO4rnor-
9r;. •
PRIDAY, NOV. 22.

Thp 11114 of ' this important question was resumed
iigti:rvorning. At an early hour the Com t and its
several avenues were completely filled.
.When the Court sate, their L6rdships' expressed
a desire of hearing some of the evidence on the part
of,the Crown explained.
Mit.)oNaou, who bad been examined yesterday,
was accordingly called ;7713yrne, the Other witness,
~WA; not in Coutt. . •
Jus.rics.—Did you see Dolor Breen on
that 'day ?—Witness--I did not.'"
Did: yon not state" in your information that he. was
there ?—I saw him tooting out of . the Chapel.
Some Gentlemen': thought it was Dr. Breen. I
overheard it said that he was among them. .
In your.information you .said that seven. persons
were in the Chapel, noioinating others?---I believe
did.. .Lcoulcl.not pusaively „swear to Dr. Breen'a:
beiog..there.) but. I. believe he 14r.a.5..
You then stated that KirvVan, proposed that jeVen
perkms to be nominated; shuck! nOminale .five
others :—did you Mean to convey, that these Were
present ?—I did.
Judge bikv.—Did you say that you heard the
names -at 'those five.? . • . .•
'The witnesis repeated their names. • ,
Judge Day—llow can you say that . Dr.. Breen.
Wag among them, if you did no see him ?—I saw a
man in the Court, who told me that Dr. Breen was
our of them. •
Judge DAv--There isj an inconsistency in what
ite'.has'swortv;
BußßoWis' then ' rose on the part of the
jTrOv."'erier.—fle began .by •altuding to the many
,r4l4lletiva the tart of: the Crown; and the total
c,i'"loient:e',6l all' Cattioncs ,frolp the Jury .box.
lie
laid a thridsOine tribureto the motives and conduct
of; ti;e"XitoineyGenetal ;—their opinions of the
".(:•;(m"v6iitilin Aci• did he Ssid; m.deti.lly ditTer
hth Ate trusted. .thit the Jill,: would refiett boOre
th"ev visited the Traverser 'with the awful .couse..,
quetices. of tt Convietion.,—Tne ALL first rccited elec
ti4elheetiugs under the prvtenee.of.petit inoing ; the
Vo,,Assitiiinshoul-ct be established, that ,t hey were held
;for the pretence only. He cited d.frerent author'.
'stist.si.'eontaintid in Johnson-, .for the meaning of the
wiol.cl4Qti'doita.tion, and contended that the spirit of
llie4rd 'is very different from belegation„ How,
• lie asked,' 'was the peace officer to und,rstand his
duty undelqhialicl it' the Attorbey Gener.il does not
`deini it. Minutely He argued very ingeniously

On the nature of delegation ; lie contended that cle.;
legation for a preciie piripoSe WAS .no OtrenCe; and
that it became an offence only when the delegated
person went beyond his-deleptioh. Etrery,descrin:.
don of persons in the community had, he observed,
committees or deputies to ad for them, -Catholics,
Quakers and Dissenters. The titre test of Liberty
is, let every man publish what he pleases ; if his
publication be criminal, let him be punished for it
so by analogy, let every man have his right to
tition, and let not his petition be prevented.
,The Learned Counsel proceeded at some length
to argue on the necessity of some arrangements and
modes of .petitioning.; and that petitioning by de-
legation was the 'best means of preserving the pub-
lic peace. If these as improperly, they are liable .
to punishment, but not until the impropriety is
proved. The Attorney General has said, that pre. -
tence means purpose some of the. Statutes; 'the''
word pretence, means claim. or assumption. Btu the
word is now obsolete in that sense; noriE it ,once in
one hundred times' used for false purpose. It must
in ninety-nine cases out .of an hundred, intend
pretence. .; .
After an argument of great length, and great in-
genuity, the Learned. Counsel alluded to the Con-
vention oft Dungannon, against which he 'said that
the statute was enacted, which did not meet for the
purpose of' petitioning, tut--to new-model the con-
sti,ution, and to form -a national legislature : there-
fore it was-that Mr. Wolfe introduced this AO.—
He then detailed the Aesolutioni of that Conven-
tion. When this Btatute Was passed, the Catholics
received at the same titre a relaxation of the Penal
Laws as a boon for their loy 4ty.
Judge DA.v.—ln all: probability the two Acts re-•
'oeived the Ro);a1 Assent at the same time.
Mr. BURROWES then went into a detail of the
condua of the 'CO.:holies since the reign of,.George
the Second, their loyalty,-and their exertions against
the enemy, with. the several relaXations which had
been . granted to them, '.and the privileges which
were, still denied. -
. The Learned Counsel proceeded, to notice the
severity of the yet remaining exclusions, which, as
he said, the Peasant felt as keenly as did the No-
bletnan, though his immediate chance of promo-

tion, was not so great.
After commenting on the evidence,- particularly
on that of Captain 14oddleaton, .BURROWES
concluded his speech;'Which occupied several hours.
No evidence being called on the part of the Tra-
.verser, it was contended. that the Crown had
no
right of reply„ It was settled, however, alter a long.
dispute on the point that 'Mr. Geoid should follow..
for the Traverser, and that the Solicitor. General
should -then..clesc on the part of the KosecutiOn. `
Mr.' GooLD accordingly rose and followed Mr.
BUrrOwes in all his arguments on the principle and
appliCation oftlieConvention :Act, the policy of the
Government- in adopting this matte at promedir4 •
against the. great body of the Roitun•C it holies and
the .uniotibtcri right 'ofpetition•for redress at griev-
.
an(s.
After
Mr: Ge. ow) had concluded. his Speech, the
.
SOLICITOR GENERAL in reply.--.-He continued at
great length, and. with that usual force, brilliancy,.
and. legal ability, Which so admiranly,distinguished
him, to combat the several,argutnentsthat 'had been
used by the Traverser's Counsel. He clearly droved
the nature and principle of the convention law:wand its
direct applisatiori to the pretent question, and to
the
guilt of the .traverser..
The CNIEF JUSTICi then proceeded to charge the
Jury„ and communicated to them the opinion of the
Court upon the law of the case. The. Jury retired
for an hoot and.a ball, and then returned a verdia
. of—iVOl Gailty,. ; •
•