Star.
London, England, 1805-02-21 00:00:00

OISTRiBiTrION OF PRIZE-MONEY.

- - -
A final payment will be made to the (Loam Charlotte MI NI
anted cutter, on the tpth infant, if in port, for the Caron:,-,
captured by e Lapwing and Edens, In company with the f.al
cutter, .ingather with falvage for the brig St. Catharine, recaptur-
ed by the finis hips, at No. 23, Norfolk-hreet, Strand.
The Magldenne, Marlborough, NOe, Larder and Lofti
t Nelfon for the capture of the Dant& brig Aatty, will be paid is
Plynion tit every Todd*, and Friday.
The hoop Scorpion will be paid for the capture of the burden
Sip l'Atalante, oo board the Paid hoop at Sheernefs ; and after.
wards at No. as, Arundel-flreet.

To the Dragon, for the rapture of the French Dip MeTommy
by the awned cutter Affiltance, a persist wee made en Wad
the Dragon, at Portfinouth, on Friday the aith tram&
The Maiditone, for the capture of the page Jan Wince, 4th
September, aot, will be paid at Gofport, on Monday, the aft of
March, and every We:dodder for three year&

Captain Bisset is appointed to the command of
the Ikea Heist, of 7+ guns, at Pertfmouth, on board
of which Sir Trioras Teowaasooa will hoifc his Sag.
Captain Forret is appointed to the command if
the CALYPSO (loop of war.
The Maoaawcwa fittilsordered to be prepared
as a receiving (hip at efb.
Several veifels which have recently been purchafed
by Government, are fitting out at Woolwich as fire-

By a letter from Chasidim, dated sal January, ac.
counts ale received, that the Mary, Capt. Daunts,
from Kingaon, Jamaica, had arrived there ; and
that the Lart, Capt. Moms, had failed from King-
lion on the job Nov. with convoy, and wal au ar-
rived.

The King of Sweden was expeaed at his coant►y
houfe at Haga, about fix Englith miles from Stock-
holm on the 7th inf. and intended to make his public
entry into his capital on the Bth, where various pre-
parations were making to receive him.
Yellerday morning, at ten o'clock, recruiting par-
ties of upwards of twenty regiments of horfe and foot,
with a great number of recruits, multered on the Pa-
rade, St. James's Park, and underwent general in-
fpeflion by Colonel Rost amt.

Two wealthy graziers, of the neighbourhood of
Great Grimfby, having made an exorbitant charge on
the Captain of a velfel lately ftranded on that coaft.
for their affiftance in fecuring the wreck, were lately
taken before thelMagi firates at Spiliby, and (minced
to pay a fine of Sol. with col. cogs.
CAMBRIDOL—The fubjeds for the Members' Pri•
set this year are—
Sailor Bachelors-." Quznarn Cotnntoda Litteris ltunuintoribus
oriri ',Ant ea Vetenun Mootunentis,nuper /Egypt° patefadis r
a What advantage to Polite Literature can be expo:led to ea°
(Torn the Ancicn Mmutnents lately dircovered in Egypt?
Middle Bachelors —" (bid de °delve et Antlquitate Poems
turn Holm° •ulgo aferiptuntm pronunclari debeat ?"

" What detifion dtould be formed relpeding the Origin and
Antiquity of the Poems commonly arcribed to House e
The fubjets appointed for Wm. Bzows a's Medals
for the prefent year are—
For the Odes.—" In Obitum mceltiffitnum Duds Meal/tate
"On the much lamented deceate et the Diked &mum" •
Epigram." quid nofter Roscius egit t"
" What has our Ro SGIUS done("
The poll boy conveying the mail from Clonmel to
Calhel, was flopped on Friday fe'nnight, by two men
armed with piltols, who rebbed him of the Cafbel
and Tipperary bags of letters.
A private letter from Paris obferves as follows :
1$ It may be poffible that Tome perfons have forgot
that the Prince of Peace commanded the combined
army of France and Spain which entered Portugal,
jolt before the conclufitm of the left war ; the fait,
however, is pofitive ; and it is not lefs certain, that
the Prince of Peace nfed to write very long and tedi-
ous defcriptions of his military exploits to BONA-
PARTE, who, in reading the third of there difpatches,
is known to have obferved, with Tome ill humour,
44 This man thinks he is obliged to fend his flupid
narrations to me, as well as to his Sovereign." The
Prince of Peace was not uninformed of this circum.
(lance ; and it was to do away the imprefflons it
might have left upon his mind, that the French Jour.
nail; have lately had orders to repeat the affertion,—
" that a Spaniat army, commanded by fach a Gene.
ral as the Prince, is capable of any undertaking."
Our Correfpcndent at Malta writes under date of
the 12th of December :•—•4‘ About thirty fail of Spa.
nick (hips, with Britith tars on board, bearing the Eug-
lith over the Spanifh flag, have arrived here. There
(hips brought the firfl intelligence of the war with
Spain. Among them are three tranfports with 800
Spanilh troops on board, which were proceeding from
Minorca to Barcelona, when Tome of our cruizers fel
in with them.
4, There has not a day paired face the capture o;
there velfels, but have hourly arrived Come captured
Spaniards ; even while I am writing fourteen are
coming into harbour. Lucky, indeed, are thofe of
the Navy who are Mediterranean cruizers at this mo-
ment. Innumerable letters of marque and privateers
are failing and fitting out from this place.
" An expedition is talked of from hence, again({
Minorca, which is at this moment blockaded by two
Englifh men of was.

4, It is rumoured that troops are to be fent to Si-
cily to guard th.it ifland againft French innovation;
the latter are making rapid hides to the capital of
his Neapolitan Majeily, who, it is Paid, has forfaken
his Continental Dominions, and it is even reported
that the enemy ate abfolutely in Naples." •

(CIRCULAR.)
Whitehall, Elth February, 180 P
• Mr Loam.—The Infpedior•Oenaal having tranfmitted to the
Magifirates siren, bled at the IA General Quarter &Mom of the
Poems cerdfieate of the defieleades and ramifies then remainhag
to be filled up in the Additioosl Force in the county of
'piquant to the Aft of the eeth G. 111. mph 56. fed. 33. I have to
requeß that yyoouurr Lordllaip will obtain from the Chairman of the
Quarter 3 or the Clerk of the Peace, a Ratemere, therein&
whether the penalties for the men fo certified to be deficient have
hem duly affeffed upon the parilhes to default, or in what inflames.
if say, the fame has been witted to be done, and that you will be
Is good as to &Mame therewith.

i'

" h may be proper to apprise your Lordlhip, for the better in.
formation of the parties concerned, and in onler to intsent any de.
lay In the kvying or payment of the penalty, grounded on an ex-
po:l:Won of Its being hereafter remitted or not required of them,
that the above Adt, fed. 37, blvd., • a fine of double the amount
of the penalty, in cafe the fame is sit affidial, kvied, or paid within
the times Halted therein ; which pros Won tt will be the duty of
his Majeny's Government to enforce, In order to enfuro the eons-
plots eznendoe of the mesfure adopted by Partbment.
* I have the honour to be, my Lord,
" Your moft obedient humble Servant.
• To his Majoity's Lemma of the County of.—,"

OINNIMINOMMEMINI

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would difplay the oppreffion and inconfdieney of
applying to every trivial mifdetneanor, the provifions
formed againft high treafon. That aBual prefence
was in the contemplation of the Legit'attire, is clearly
to be inferred from the title of the Aft ; the very mar-
ginal note, if any authority, thews it, or at lean
thews the fenfe entertained by him who made it. Mr.
Juftice DAY obferved, that the marginal note by Mr.
Grierfon, was no authority.—Mr. jonssow proceed-
ed to argue at confiderable length, that the meaning,
and operation of the AB, 4.4.0 f the King,under which
the Defendant had been arrefted, hinged folely on
his conliration, and the staual prefence, and the fub-
fequent efcape of the offender t and neceffarily, that
the arreft being made upon a forced and illegal con-
ttrultion, the ptifoner thould be difcharged.
[Previous to Mr. Wit. Jon ssom, Mr. Cvaitatt
(poke on the part of the Prifoner, with his accuflom.
ed eloquence—hut as your paper could not comprife
the entire difeuffion, I preferred giving you the molt
argumentative parts.] —To be contiesueel.

LINES ON THE DEATH OF CAPTAIN JA!VIS.

He muft not boat imam his weer, bier
Unwept-.-oor weker to the parching wind,
Without the mead of fame melodious tear.
MILTON'S Lretbas.
Sunk In the &tit lithhigy. of woe,
Her teartwoln eyes-did mournful ola the ground,
BRITANNIA comes, with folentn Rep and flow,
Wide @stuns her tea-gran hair by cyprefs erown'd.
See, now the hangs o'er yonder craggy 1144,
On whofe bread bale th' imperiouq billow breaks;
Now cats a forrowing look acrofs the deep,
Claks wild her hands, and thus her anal& teaks!
44 There lies my Son ! in Ocean's coral bed,
My noble JAavis finds a wa t'ry grave!
Cold is the heart whirl► Patriot ardour fed,
And cold the hand, in du th outftretehl to five
Eager the call of Dort' to obey,
And thatch his Comrades from thegrafp of Deaths
Gladly be follow'd where Sas led the way,
His work completed, and refign'd hit breath.
What, tho unfeam'd with many an hard-earo'd fear,
Won io the battle on th' hopurpled flood,
He fell not, glorious, 'mid the din of war,
Nor itamp'd his name in charaden of blood.
What tho', from Coatuarr's guilty temples tors
No gory trophies crown his oak-Invaded bier,
Yet fat HUMANITY his fate (hall mourn,
And eery Barrow drop a hart felt tear !"

We recommend the following Speech to the atten-
tion of oar Readers, as containing fentiments conge-
nial to the feelings of every friend to his country.
It was delivered by Lieut. Colonel Hatisna, on the
IR inf. in Manchetter, as Commandant of the Rifle
Regiment in that town, on the prefentation of a
fplendid pike, (word, and brace of pißols, (valued
at 5ool.) to that Gentleman, by the Regiment. We
(hall only add, that the fentiments it contains, are
worthy to be read at the head of every Corps in the
S United Kingdom :
Gtervi.cmssi,

u I muft Indeed be infenfihle to bonntrabk feeling, if I did not
confider thh the proudcft period of my life. Accept my unbound.
ed thanks for thefe diftinguacd marks of your approbation—tug
wills is, that I deferve thcm, for 1 merely defended the rights of
the Regiment; and, had I adted otherwife, I mould have merited
your lever& cenfare.
.

" On the prefent oceafion I may perhaps be forgiven, If I briefly
remind you of our °bled when we fiat atToclated u Volunteers—
it was no lefs than the defence of our beloved Sovereign—our na-
tive foil, and all that is valuable to us in exiftence—.agaivft an
enemy, whale crimes, and, I am ferry to fay, Needs, have di&
curbed the °economy of the world'
" That enemy Rill clifts, with increafed force and power—and,
although the zeal and union of all elates of our Countrymen may
have as yet prevented the daring tnterprize of invafion, and have
unqueltionably put the refuh, if it were made, beyond a doubt—
there is no reafmiable ground to conclude, in the prefent degraded
fituadon of the Continent of Europe, the total abandonment of a
plan fo captivating to a people, under a 'lrons military Govern.
man, and accultomed to war, conqueit, and plunder!
I, therefore, confider that we are Rill moll loudly called
upon, by every principle of loyalty and patrlotifm, and every con-
fideration of policy, Readily to perfevere in the noble caufe we
have undertaken, and only lay down our arms, when we have
(mire and an honourable peace.
.. - -

N It is true we are snaking great faerifieesbut, Gentlemen, let
us recoiled, that they are offered on the tiered altar, and for the
falvation of our Country ; and that, whatever may be the eventful
iffue of the conteft, whether England is to retain her exalted rank
in the kale of nations, or is defined to fight at home fur indepen-
dence, and have her fertile fields tlained with the blood of oterci•
Ids invaders—it is as much our duty, by manly pecaution and
energy, to preterve her even from the rift of danger and humilia-
tion, u it would be not to furvive her ruin !

.6 Aga! n , allow me to return you grateful thanks—and be elated
that if ever I have occafion to ufr there tokens of your efteem and
confidence. I will ci, :,avour, yes, I will dare to pledge myfelf,
not to difgrace them !"

An appeal came on for hearing a few days (Ince,
before THOMAS Dant EL and A. P. COLLINS, Efqrs.
two of his Majetly's Deputy Lieutenants for Briflol,
(ander an Aft ot !aft S:tiion of Parliament, which de-
clares the right of Volunteers io refign,)brouglot'iyMr.
OSBORNE, a Member of the Brian] Light Honk Vo-
lunteers, againfi Levi AMOS, jun. Efq. the Command-
ing Officer, for refuting to 'tribe his name off the
mullet- roll, in confer,uence of his objefling to the pay-
ment of 301. as the penalty for quitting the corps.
Counfel were heard at great length, on both fides ;
and the decifion ot the Court was given, in fubliance
as follows:—" IJpon a view of the Aft of Parlia-
ment, under which this appeal is brought, and under
all the circomtlances of the cafe, this Court is of opi-
nion, that the Commanding Officer is not bound to
accept the refignation of the Appellant, until he has
paid the fine or penalty of 3o1."
HIGH Cower or Aro! !Reel-Ir.—On Saturday the
Right Hon. Sir W. SCOTT proceeded to the adjudi-
cation of the fdlowing cafes
Fiefe Defiler, Cite, Mager.—This Danifh veffel was captured
by the private fhip of war James; and the queftion before the
Court was with r.fpeat to colts and damages fubfequent to the
capture againft the captors; and it appearing that ill treatment
had been inflicial upon the crew, particularly towards tile cabin-
boy, by the Prize Mailer pat on board, the Court, in this cafe,
pronounc:d for eats and damages, and alfo condemed the owners
of the privateer In 100 guineas, to be divided as fellows—to gui-
neas to the Matter, Is guineas to the cabin-boy, and the remain-
II .g fum equally amongft the crew of the captured Quip.
Jan, Schinl —This vet Tel was condemned, the cap-
tots contentig to reitore the Matter's there thereof.
Frw. gtln, Ritzrou matter; Metta Dorothea, Hartin matter;
friendfeaft, HoharA matur—Thefe three Quips and cargoes were
reftored, on glowing the captor* the expences of taking the de-
poritions.

• La Puriffuna Coneeptione, Mani, rnalter.—ln this cafe the
Court condemned the mip, and a part of the cargo, and admitted
the claim In refpeit to the other pan.
Ecndraght, Simore, Ile property is this cafe was re-
flared as claimed, on allowing the captors she expellees of the
whole of their further proofs

Pea t& LONDON GAZH777, FEBRUARY' 19.1

MILITARY PROMOTIONS.
VAR-OFFICE, FIERVAIT 19.
Lit Regiment of DragwmiGtards—Comet Francis Aickin to be
Lieutenant, by purchafe, ♦ice Cape:act, who retires.
6th Ditto—Lieutenant George Frederick Orde to be Captain of a
Troop, without purchafe ; Cornet Edward Scott to he lieute-
nant, without purchafe.
2d Regiment of Dragoons—Al.-sander Campbell, Gent. to be
Cornet, without purchafe; Edward Ralph Charles Sheldon,
Gent. to be Cornet, without purch:tft , vice Thom,' promoted.
4th Dir.- 'trod James Henry Cromwell to be lieutenant, by
Britt

purchafe, vice D. ittocke, who retires.
9th Regiment of Light Dragooos--Lieutenant Richard Gorham
to be Captain of a Troop, without purchafe; Cornet Patrick
Savage to he Lieutenant, without purchafe; Benjamin Hand-
ley, Gent. to be Cornet, by purchafe, vice Tappenden, who
retires.

toth Ditto.—Captain George Qintin to be Major, by purchafe,
vice Seymour, promoted in the 23d Light Dragoons.
Igth Ditto—Cornet John Murray to be Lieutenant, without pur-
chafe, via Lamont. proctored in the 3sn Foot.
aid D.tto--Edwant Hervey Hut.binfon, Efq. Lieutenant of the
Regiment, to be Paymaarr.
23(1 Ditto—Major Henry Seymour, from the roth Light Dra-
goor.s, to be Lieutenant-Colond, by pm-chafe, vice Gordon,
who retires

Ift Regiment of Foot—Lieutenant J P. Gordon to be Captain of
a Company, without parchafeorke Smyth, decealed,
To be Lieutenants, without purehafe.
Fn6gn Robert Dudron. from the tft Garrifon Battalion-
Enagn William Pear& Brereton, vice Giblos, promoted.
_ .

Enfigo Carroll Smyth Hopkina, vice Gordon.
To b: Enfigns.
Hafncll. Gent. vice Ilrercton.

John 114Therfon, Gent. wee Hopkins.
To be Paym .ner (If the 3d Battalion.
John Robertfon, Efia. (late Captain in the Regiment.)
4th Ditto--Lieutenant John Hopkins to be Captain of a Company,
without purehafe, vice Anderfon, appointed to the Bth Royal
Veteran Battalion.

•
LAW INTELLIGENCE. •
ISLE OF ELY ASSIZES.
Edward ChtMLitt, Efq.—Wednefday, Feb. 27, at 111 y.
CARMARTHEN SPRING CIRCUIT, tBO3.
amtotr..‘ WI I at—Wee.nefday, April 3, at Cardigan.
Pesorsorreautar—Taefilay, April 9. at Hay,rfordweft.
CARll.layalasutar—Monday, April 13, at Carmarthen.
COURT OF KING'. BENCH, DUBLIN, JAN. s&
INS RING V. MR. JUSTICI JOHNSON.
(Continued from our Paper of Monday lel.)
Mr. WILLIAM JoHNsOli, for the Dzfendant.—Af-
ter Come prefatory matter, expreffing the painful talk
which had fallen to him, See. he came to the point
immediately at iffite—the legality of the erred.—
This depending upon the condruaition which would
be given to an At of Parliament yet unaded upon.
be would fay a word or two upon the power to bail
in this country in cafes of the nature lledged againft
the Defendant. It is a truifm in law, that the lega-
lity of the warrant mull be judged by the law of the
country where it ilfues, and to know if a warrant be
conformable or not to the law of any particular
country, judicial knnv:ledge mull be had of that law,
and whether by it the offence be bailable. The au-
thority to bail, and the quality of it flow out of the
offence. But what relation is there between the au-
thority of the blagifirate executing this warrant and
the recognizance to be taken for bail ? Where is it to
be returned e To which Exchequer does it belong, if
etireated ? If the fixture be confined to unbailable
cafes, no mifchief falls upon the fubjed greater than
would fall upon him in England. if arrefled for a
non-bailable offence there, becaufe he mull be brought
before a party empowered to commit him, but if ex-
, tended to one mifdemeanor it mail embrace all ; fo
that there is no offence, however trivial or acciden-
tal, but would fubjel a man to be dragged from his
home, and conveyed for trial to the remotell part of
the Empire. If the framers of the Al had con-
ceived that for the purpofe of traafmitting felons, the
Mode was tufficient, and intended to extend it to
mifdemeacors, they would have Paid that the law was
infufficient for the tranfmittal of offenders under ca-
pital felony ; but that they fuppoled a law exifted on
the inkjet is evident from their expreffion, and it is
to be inferred that they thought it infufficient, he-
ctare there was no law at all applicable as to other
cafes. The Court will recoiled that the law now be-
fore them is taken from one applicable to Scotland,
where /dotty is a term unknown to the law as de-
fcriptive of crime. If that word alone had been
ufed, the AR would not extend to Scotland, and
therefore it was neceffary to ufe tome word which, in
its ordinary acceptation, would take in offences, fimi-
lar in one country to thole which were provided for
by a defcriptive word in the other. But even in Eng-
land many of the otqjora erintita are not felony.—
Blackftone mentions fevetal capital Cafes that were
not felony. Merely for a while was capital, though
no felony ; apodacy, though not capital, was a molt
enormous offence ; fo thole which were Cajal to
premuaire, were high offences in law, and perfons
guilty cf premuntre are not bailable, perhaps not
by the tranfcendant power of the Court of King's
Bench, certainly not by the ordinary Magiltrate, and
that is defcriptive of great malefadors' Who are no
felons ; therefore the word felons would not take in
malefatiors, even of the majora criorioa —this is
fufficient to thew that the words " other ma.lefaBore,"
fhould be confined to cafes not bailable. If the word
malefador embraced all offenders ; if it merely
meant malcifeisno, there would then be no ufe or oc-
eafion for the word felon. Now this, (laid Mr.
fohnfon), Is the meaning which I attribute to the
Legiflature in this word ; a meaning to be collated
from their condud when ufing it.—ln proof of his
affertion, Mr. Johnfon adverted to the Aas preced-
ing d one under confidekttion, and conneded with
it. The At of 1773 refers to the Ads of the 23d
and 14th of George 11. Now the argument is, that
Legiflature, in the Ad of 1773, by ufing the
words " felons and other malefators," meant pre-
efely the fame gs was meant by the Legiflature in
the reign of George 11. If fo. would It not have
been eafy meaning the fame thing, to have adqpted
the•farne language? What is the language of the AR?
" Any perfon againft whom a warrant (hall iffue."l
The title of the 23d of George IL is for apprehend
Mg perfons in any county or place, againft whom
warrants (hall be granted by the Jullices of the Peace,
doe. acc. That title is preferved in the 24th of Geo.
11. for amending and rendering more effetlital a claufe
in the At I have Rated, and the ufe I make of that
is this, that'if the Legiflature had not meant Come-
thirg different from the offence included within the
AEI: of the 23d and 24th of George 11. they would
have tiled a language ready to their hand, fanaioned
by ufage, and fo plain that no man could miflake.—
With thefe Ails before them they dropped the title
altogether. in the 13th of George 111. and the mif-
chief recited is the efcape of felons and other male-
factors.
LORD CHAS JUSTICE.--IS (hikes me, that the
mifchief is, the avoidance of tt ial, and efcape is one
mode by which that is effeaed ; and having recited
the mifchief, and one mode by which i. arifes, the
At proceeds to reach that mifchief by meeting that
mode and others alto.
Mr. JOHNSON repeated, that the Legiflature mull
have meant the wajora crimira when tiling the word
maid-tiro?. ; and in aid ..f this conilruairn he quoted
Dotor South, Lord Rol-common, Shakerpeate, &c.
Lord Chief JUSTICII laid, that these WAS a much
ilronger commentary in the AO itielf. After recit-
ing the evil, it proceeds to enact " that if any per-
fon, againll whom a warrant than be tailed, for any
grim or efinieapinit the laws in force in Ireland, Am"
and fo in relation to crime, committed in England
and Scotland refpeaively—Were not thefe words,
Paid his Lordfhip, throng comments upon the words
Felons and Malcladors ?
Mr. JOHNSON did not deny that they were, and the
Court would form their contiruftirn on them, if not
fabverlive of common right; but if he (hewed a con-
fir at... that would fatisly the words without invad-
ing common right, he trolled the Court. would
make it their own. If the Aft be confined to cafes
not bailable, no public right is violated—but fuppoC-
i ing the AEI to apply to mifdemeacours, it mull mean
.1 thole committed by actual pretence, and not by con.
ftrudive relation. The conftritaion of an AEI of',
'Pasl;ament was not to be determined from an opi-
nit,n of what it Ibould contain, L .t what it does con-
. vain ; and were the cafe captained within it, the At