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

v. Peers., 4 ,tiarr, 2229,• and concluded by Ob3ertr-
ing,-that if their Lordships shobld decide on the
sang not being liquidated, they would be completely
negledting the real and positive terms of the agree
fleet. He hoped their Lordships would not shape
their judgment by the folly.of the defendant, but
by the immutable construction of the deed.
Mr. Serjeant VtUGHAN, for the plaintiff, said,
he did not rest his argument do the question •alone,
whether the tool. was to be considered as uenalty,
or liquidated damages, but he rested it also on a de-
lea in the affidavit of the plaintiff.—There was no
particular breach of the agreement averred in the
affidavit, as should be the case, upon: which.ground,
independent of allothers, he contended, the Rule
should be made absolute.

LAIL REPORT.

COURT OF KING'S BENCH, Nov. ls.

The ATraRNEY-G-ENERAL moved: for a 'Writ of
Mandates to the Corporation of Scarborough, di-
renting them to restore Mr. John Fox to the office
of .one of the Capital Burgesses of that Corporation.
Mr. Fox had been duly elected, and sworn into office;
and receiving a notice to attend a meeting of the
Corporation, he was indisposect, and unable to attend,
upon which, and without further not ice, or any other
prdvocation, the Corporation proceeded to disfran-
chise him.—Rule granted. '
_ . _

, In the matter of Emmerson, Bartleman, and Al-'
ford, three impressed men,, Mr. JARVIS moved the
ref ut of the Writ of Habeas Corpus in this case.—.
These persons applied, to be discharged from on
board one of his Majesty's ships of War,. upon the
grounds of their being engaged in the fishing trade,
bk which they are proteeted.from impress under a
ipecific Ad of Parliament. • •
The ATTORNRYtGRNBRAL, in support of the re-
turn,
.and for the derention.of these persons, stated,
that by the Stature of the 38th of George,lll, cer-
tain vessels engaged in the fishing trade were ex-
empt from impress; but the exemptions in those
cases were confined to vessels engaged in the fishing •
trade, alone. By the return to the Habeas Corpus, it
appeared that Lieut. Merryck, of his Najesty'S
schooner the Pincher, being on a 'cruize in the
Channel,, observed a strange sail, which he was di-
reaed by the Admiral, of the fleet to bring to and
examine: He Wund her to be the smack Alexander,
on board of which these persons were. She was
steering direr t (or the coast of Holland—and upon
examination sixteen passengers 'were found on
board ; they were all Germans except one, who was
a Frenchman. 1 hey also found. on board 481. 25.
6d. in the gold coin of the realma quantity of fo-
reign gold, gold drops, emeralds, ,and other articles
of trade.; and discoVered that.some bags of gold had
been thrown overboard, and also • that they .had
on board a quantity of letters fir the Continent.
There was no trade , specified in the license, except
fishing alone. This, therefore, was an Illegal voyage,
and the Admiralty was justified in detaining these
persons.: _ ir

Justice HEATH said, it was necessary for the
plaintiff. to swear circumstantially, and not gene-
rally. The Rule was consequen:ly made absolute.
—The defendant is consequently entitled to his
discharge.

HUBBARD V. JACKSON.
In this eau; the -Court gave jUdgment for the
plaintiff.

No case of importance occurterlin the Court of
Exchequer yesterday.

In the Court of Justiciary,
,at Edinburgh,
on Ntonday se'nnight, name's .11.1.1Vair was found
guilty of robbing Captain Suder Santzue, of the
Resolution of Dantzie, of filteen'guineas add other
articles, between Stirling and Falkirk., on the 6th.
April, and sentenced to be hanged at Falkirk, on'
Thursdsy, the 261 h of December next.

The.lVorth Cork, a beautiful regiment, haf gone
into Forton barracks, with the Inverness Highland
Militia, commanded by Major Tilloch. All these
fine corps, will Lord Bruce's Regiment, the
shire Militia, are under the command of General
Porter, 'at Gosport. ,
Saturday morning the King's hionnds hunted.-.-
About too o'clOck a numetous field of Gentlernen
sportsmen assembled on ToWer-hill; near Swinley.,
where there was a fine deer 'turned out for the.day's
diversion, which showed great sport. He at first
,ran with great. speed towards Bagshot, where he
took to the right across the forest, by Wickliarp-
hushes and East Hainnatead, Park, taking through
the inclosures, by Bracknel,s,Bic. where he ran with
great swiftness towards Broad Common, taking to
Ili& right, by the New Lodge, back, where he was
.taken in Follenden Park, after a run. of near three
Itatirsi The sport was excellent_ during the day.

The Court, upon this, ordered them to be re-
manded.
Mr. SCARLETT movedfor a Writ of Habeas Cor-
pus,-to bring up the body of
.Mr. Thomas Deers,,
who had been commitiecl to the jail of 'Lanz-1.141er
upon a charge of a rape, alleged to have been corn-
tinned on the person of one Blizabefh StoWell.
The affidavit, in support, of this motion, stated,
that the prosecutrix's mother kept a boarding house
at Liverpool,. 'whet,e Deers lodged . for about two
Lyenrs,.hut having raken-n ii.;:e..h.:ltUe for himself -in
iverpool, the prosecutrix proposed going to live
with him as a servant, until, he could provide him-
self wtt h one ; to this be assented, and, accordingly
on the 28th of September last, she came home to
his house.. In three days after, the parties skin to-
ether and this was frequently afterwards repeated,
until the •tOth of October, when-she gave notice Of
quitting hits, alleging as herexeuse lot leaving him
(and no other), ti,at site was going to 'lreland. with
her Mother, aticl.on the day she left Itim (the 10th)
she .prepared his breakfast, made the beds, and
dearer; out the robins, and then went away without
nuking ;lily 'complaint, br giving any intimation
whatever of her intentions. Ott the 17th of. Oc-
tober be was token up, en a warrant dated the 16th,
and colAnitted to prison upon this charge, It op,
geared also, that the proserutrix's mother and sister
had been frequently at. Ders't:hoose,about the pay.
went of a bill, between the period of The toth and
16th, and no mention wharever was: made.of the.

Extra& of _a letter from. St, John's, NewfCiund-.
land, dated Aug. 1, 181 1 ;—" Lieutenant -Buchan
returned.horn his:expeditipn up the. Bay of Exploits
about a inot4-lt ago. It appear,s, lota in site month
olJanuary he, with a party of sixteen. or seventeen_
of the crew of the Adonis, in exploring the jute-
riot; of the country, came up with three wigwainS,
'occupied by about 70 of the. native Indians,- by
whom he and his party were received .in a friendly
manner; that, after staying with them some time,
endeavoured,. to make known to them his intention
Of returning, for the. purpose of presenting' them
with such articles as he had. been supplied with,
and which.. he .apparently made them under-
stand would conti ibute to their comfort arld conve-
niences. Four of the natives voluntarily went with,
him, and two- of his marines, with equal confi7
dence, ,agreed to remain with the Indians until.
Iris return. Three, out of the four Indians, how••
ever,'!parte4: from liiitr in the .course of the first
day, the other remained with him all night, and re-
turned with him and his party back to the wig-
wams the next morning, which , they found had
been totally abandoned, and at • no.great distance
from. which they found the dead bodies of the two
marines they had lift behind, both of whom had
been murdered, and their heads severed. from their
bodies; upon, discovering which the remaining Indian._
ran off with the utmost speed, and neither him,, nor
ar,y.of the others, were they able to ,coroe up with
afterwards. Thus unfortunately has ended our at-
tempt to. open a friendly intercourse with the native
Indians of this Island. Lieut. Bechar] says, that he
cleat ly understood by 'the signs which they repeat-
edly mkide to him to cress over ma adjoining' lake,
that their principal encampment was in that neigh-
bourhood, and that they were much more nuinetous
than we had formed any idea of. He seems anxious
to engage in a aectind expedition, but thinks it ad-
visable to send out a' considerable augmentation of
force to ensure success to the Undertaking. 'Whe-
ther any further attempt will be made at present or
-not is uncertain."

circumstance., or any. in4noation of improper.con-
dna 'in his p3it. it Ituther appe4red, upon
.the Af-
fiditvi,ts of an Attorney's, Met k, at Liverpool, and
anut !RI person, that, ve,yiot)fi to he pt o-
aecutrix was,considered 4 thclut 48 .of loose
mannewand conduat.. .
Rule granted.

*COURT OF COMMOtsI LEAS, Nov, 25,

M‘NRVIN V. 'PROST.

. .
Serleant SHEPLIERD chewed cause
.against a
Rule obtained ,by Mr. Serjeant.Vaughan, for dis-
charging the defendant Out of eustody.—The-ques-
Cron for discussion was, whether the praintifi had a
right to held the .defendant, to bail, upon an at&
davit of a breach ot agreement between the parties,
or not.r--The affidavit stated, that the defendant
took a lease ot, a .public-house, for eighteen years,
from the 'plaintiff, lot which be agreed to give 6401:
and 30 guineas a-year, and by the same•agreement
tbe.delendant was to purchase the stock in hand,
together with
,the household furnit tiro. There was
also.a clause
.in the agreement, by' which -the .de-'
feridaro, incise of .failing to comply with the 80"
p,3lptiops contained therein, bound himself to lay
1001. which -Was to be .recoverable in any of the
.C. urts of Law, as a. just debt.—The que"stion-to be
decidedly the Court W 38,, 'Whether the 1001.: was
'to be cr,nsidered, as a rpenalty or ,as , liquidated da-
mages. If the Court were to say that the debt was
nut to he considered as liquidated. dainages, their
wonld be making a new agreement,
and not justly construing that on which the dis-
cussion arose, as the words 'of the
.atreernent it-
self. were' declaratery of the intention of tai par-
ties, to'have the stipulated peeahy consitlered a.fair
and just one. The Learned Sel;eint, in support of
.istier't ion, cited several cases., and amungstot hers,
those of Rey v: Ike BeaUfert; 2. Atk..170.
.--Fletcher v. Dyche, 2d Term Reports, a3.—And
also Hardy v. Martin, Ist BIOWn, Chancery Cases,
4 .--.. etoin the leiter
.case; it, Was evident,
thq• Court cf Equity :would: not relieve
.
N,l jAmES 'MANspiEt.p observed, 'Out the court
of Chancery would 1101 intrfere in case of litinidat-
co ; but it would relieve a 'defendant in
ot penalty. In she. casts of Tdarciy v. Mar
tio,-,a spirit-in eichaut - purchased hum his partner
, ,
the good_wiii shop, and the latter entered into
00. t any brandy
or •6 I. not o sell
'wi hilt five
a dof a•pdnalty
miles of the spot, but on. payirtent 'of
,thedarr age •:4a,any -sustained, the rd. Chan-
c fiom taking ..out execution on rite
e.
lor restrained
'
pettitiry, •
Mr. Sege:int BEST,: then quoted the case of Lowe
•

Negro Attachment and Sensibility.—Two African
slaves, the one of the Chomba,couritry, the other a
CorOwantee,-
,were some tune since purchased by
Mackenzie, Esq. of Jatisaiea, and having evinced
a great attachment to' each other, were transferred
to Air 'Mount Estate, situated in the eri`sterit part of
the Nand. In the course of time, the,Chomba;
named Satupson, was made a driver or head-man -;
but in September last, having 'displeased his master,
was, dismissed from 'his situation, and Campbell, the
Cordmantee, pitmen to fill it till-San:resort should be
restored to layout.: In the mean ,tithe Sampson felt-
s;ck, but was not considered in immediate clinger
it hoWever turned out- otherwise ; his, malady in-
creased rapidly, and he was git en over-. The ma.
meet Campbell 'heard: this, he told his master, that
" if Sampsondied, he should die also," which prol-
ed tun true :, he no sooner knew that -his beloved
shipmate was itt o more, than.he fell sick, and died
four Jays afterwards. What places the disinterested
attaehruent of,poor Carripbell in a stronger light iS,
that besides succeeding Sampson as driver, he was
. to haver been heir: to' his friend's property, amount-
ing a to about 2091.

. -111 addition to the silyer cup about:to be present-
ed to Qribh,, at Glegson's, .after 'dinner on Monday
next, a belt, of the value of . twenty guineas, will
alSo be given him. The. belt, is of the manuiadure
and the gift of Mr., klopionson, of .Holborn ; it is
made, o( lion's skin, lined with lamb, .and fiwened
by an embossed silver medal; beatitig the. chant!
pion's:arnl3, with inset iptions<Of ihe different battles
he has won.

An alarming fire broke out on Friday morning, in
the premises belonging to Mrir. Melville, in Shakes-
peare Watk, Upper Shadwell, which entirely con-
st ned the same, and damaged the: two adjoining
hotiscs. , ,

tX'IIIACT OF A tri-vgn FIIOM A anisrtiblAN %riff%

LORI? WELLINGTO'S ARMY.
" flead,quarters of the Itritisli Army,
" Fretieda, Od. tO, ISt!.

_ .
"t( you look at the map, you ill see our line
now nearly the- game 35 before ; from the hovel I
now write, t can see Ciudad Rodrigo in my front,
and in the rear the remains of the town of ,Airnei-
da. Sinte the Frebch have fallen back; I have been
to Guinaldo : the tale of digt ress the inhabitants give
is, that the enenly have plundered every thing. from
them, and committed the usual' barbarities on young
and old ; I.mean on their persons : only_ Iwo of the
inhabitants were 'found dead: Guinaldo is a very
pretty town, and.being in Spain, is in every respell.
superior to the Portuguese villages, particularly in
point of cleanliness, . .During the shot, period 'of our
army falling back, I saw Lord. Wellington,'Wiffi his
usual Coolness .and: magbanimity, standing lan'tbe
h.aights of AlfayateS ,watching the approach of -the
enemy. - • •

" •The Governor of Ciudad ROdrigo, Gen-eral Re-
naud, his three Staff Officers, and eoo head'of cattle
were yesterday taken. The French Genital; who.
had advanced beyond the usual limits of his daily‘'
ride, was narrowly watched by the Guerillas, who;
ere always on 'the alert is this neighboarhood ; and.
in. this system of warfare they are certainly most
useful in the operations of the campatn. The cap-
ture of the 200. head of cattle will tend to distress
the enemy considerably, for they were part of the
supplies so lately thrown , into the garrison, and
which Would have subsisted.it for a month at least.
The.enctily must certainly soon feel this loss, as the.),
have no ,ther means of repairing it than bringing
Marmon! and Ms army again ftom Salamanca; and
if this -should he attempted, I think they Will not.
aettre.so easily as below, for Lord Wedkugton, if he
can get them t, the giourd Where their cavalry will.
be prvvented from a Ing,
,will certainly give them.
, •

`. • General' toie's Wvision (the 4th) and the Por-
htigade, tinder the command of General
1-I,•!%ey, removed from t his neighbourheod (Fuentes
d'Onore) yesterday, a little nearer. to Ciudad Rodri-
go,, with rhe intention ofEducing a sortie (torn the
enemy.; but they have little wish;lhelitive; to try ;
and now they have lost their chief, I su.ipose they
will keep closer in the garrison. •
". Perhaps a description of the Guerillas might be
acceptable to you ; I will attempt to give it, as well
as my own knowledge will ailoy me, from baying
seen a great deal of this hardy, race :—They gene-.
rally perambulate in small parties, accoreiig in ottm-'
her to the objed they have in view ; their unceasing.
thirst far spoil makes them extremely alive in learn-
ing where the enemy are contemplating to convey,
baggage. or provisions.; and: the perfect knowledge
those Guerillas have of "every track of the country,
gises 'them a :decided advantage, in being able to
watch and way-by the enemy's transport. They
are unremitting in their labours, night and 'cloy,
when they have any abject in view ; and their in-
formation is generally corret-ily obtained. The dress
and look'of dies* marauders (as the- enemy term
them) are enough to inspire'dread ; they wear an
immense cap, Covered with hie, which is tied by a
black belt under tie chin, a loose :darkjacket is
thrown carelessly over their .shonldera', and at the
side,ot their hories hangs the destruaive weapon of
terror; a lance which • measures about ten feet; the
sharp point, fiXes into a leather tube, which is sus-
pended from the saddle to the oft shOulder of the
horse, on
.the right side; to the centre of the handle
of the weapon is a strap affixed, to secure it 'from
impeding the animars progress, or • inconvenienc-
ing the rider'; and when necessiti.requurs the use
oldie Weapon, it is unslung with the greatest facility :
their immense whiskers, 'end goat-stem boots, .give
t hose natives a moist striking and terrific>, appearance ;
and the hardy way in which they subsist (as an
onion, a piece of bread, or a bunch of grapes, is to
them a ,weal of luxury and
,content) enables them
to undergo any privation,
,and renders Own) fit for
the harassing nature of warfare, so des: ructive and
annoying to the enemy."

EXTRACT Or AtiOTIIII4 LETTF,R FROM THR ARMY.
" Brithit Quarters, Frclictll,
Noveumer 1; at t.
After stating the brilliant affair of Gen. Hill, the
letter cot:eludes :

" It is expo led head-quarters krill remain -here
the, winter; u is a wretched place.. The army are
nearly all in cantonments. Lieut. Col.'Giant, who
was formerly Aid-de-carnp.at Portsmouth, to Sir' G.
Prevost (and brother to Mrs. Dr. -AVGregor)
made his escape from Ciudad Rodrigo. His servant
apprised the Guerillas, Chat the Lieut.-Colonel was,
on a 'certain day, to' be escorted to Salamanca, by
50 French dragoons ; the Guerillas waited five dal s
in ambush for him, and when he arrived near the
appointed spot, the Guerillas 'tabled out, and the
Major galloped into the midst of thern;,when they
all went off tiith French leave.

" Don Julian, the enterprizing chieftain of the
,Guerillas, is gone on a fre.t.h enierprize, with, a de-
termination lio intercept the new Governor of Ciu-
dad Rodrigo, that is on his way to that place. The
Governor lately. taken, I,think, on hia arrival in Eng-
Lad, you wiil .say, is& tolerably gdod looking fel-
low: He has been walkirig about here with Lord
Wellington, in &Spanish hat, white lop boots, blUe
pantaloons, and a plain blue coat. He is: gone to
Lisbon, for EugWitl."

Died at Dumfries, on the 12th November, Jolin
Cal)eudar, aged 102.—He was in the service of
George 11. as non-commissioned officer of Marines,
for several. years in the East Indies, in his younger
days, and afterwards as a soldier in the 30111' Regi-
ment of Foot, in the West Indies and Gibraltar.—
In fighting the battletiof his country he received se-
veral wounds; and, since his disclharge., which took
place in 1771, ht resided in Dumfiies, • and was a
considerable timeeruployed: as a letter-carrier.- He
was a very bonost man, and continued to go about
till within a few-days of his death. He was born in
the parish ofUrr. He was three times married.—
Some time ago he facetiously observed, that he. Was
born with teeth, and' having bitten the mid Wife's
finger, she said (he was told) that though be hart
bitten her first, she would not be the last.; but he
thanked G,)l he had now lived a long time, and had
ver bitten any body.

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