Star.
London, England, 1804-02-07 00:00:00

J tl cm acccf.tothcir allotted apartments I

ci.roriptence nl which a quarrel enfued between h.n,
:ind tl.e enaehman. wLicli had culled confiderahl..
alArm in the tarnil v. The Magiflrate obrereed, that
femme were In liberally treated by their millers,
•hat they bad, generally Ipeaking, become a nuifan•c
.n the traderman and public in general. He was or.
dacd to fiat bad for his good behaviour.

LA, INTELLIGENTE.

DECISION OF THE COURT OF KI NO'S BENCH ON THE
RIGHT OF VOLUNTEERS TO RESIGN•

Tat /Lino v. Dowtee.—Yeßerday Mr. Bassos'
rofe to reply to the argument of his Maje&y's At-
torney General in the cafe of Mr. Dowley, the Vo-
lunteer, who refigned, end whale conviition before
the Magiftrates was this day, by the Court of King's
Bench (and by the um:strum': decifion of the Court)
visaed. Mr. Ernsine was informed by the Court
that he.need not give himfelf the trouble to reply.
Lord Etzawasseovan.—“ It has appeared to us a
matter of public convenience that our judgment on
the cafe of the Sing v. Dowley, should be delivered
by the carlieft opportunity. We have heard the mat-
ter pretty fully argued, and it would now be incum-
bent on the Coun&l for the Defendant to reply; but
as we have lalficiently made up our minds on the
&Ned, the refult will hew to Mr. Erikine that he
hes no oceafion to avail himfelf of that advantage.
The fails are Rated upon the conviction, they lie in a
narrow compafs ; they may be conGdered peculiar
to the prefent cafe, which mutt be deemed to reR en
its own particular merits. The terms of the for-
mation of the corps, under its prefent fyftem, are
under the date of Austin, teat, into which are in-
troduced the astute of the 34th and of the aad of
the prefect reign, The rules are talent as to the du-
ration of the Cervices of the member, which is the
material enquiry in this cafe; and nothing in the for-
mer of, there Ratutes enjoins any thing on this Cult-
left. The latter recognizes the power in the Vo-
lunteers, referred to In that Alt, of sfikontinuiag
their Cervices, and &reds, that, on fah refignation,
the individual hall be liable to Cave in the mili-
tia. This condition swore/By ;milks. that, at Ina
on notifying the intention to Shontinne, their en.
gagement as Volunteers !hall terminate. Let us
now attend to the fubfequent As, the 43 Geo. 111.
e. 96- Here we have si‘particular dekription of the
Volunteers to be raifid oast this Ail ; and the 534
Salon enables the King to (*end the provifiona of
the AA, which has called the Levy en Male
Ad, under the eireemlanee of a Racket previfion
being made for the public feenrity, by the numbers
. and difcipline of thole, who, in the modern fenfe of
the term, are called Volunteers. This, however, only
extends to futh Volunteers as Sall bare agreed to
march under the orders of his Majefty in the cafe of
invafion, or great probability of that event. It is
likewife directed, in the fame Aft, that the fafpenfion
of the Levy en Mare mutt depend on the Volunteers
fabmitting to infpeition, or being ready, at all times,
to fubmit to fuels examination. But in this Ad, no.

thing appears to-fix the duration of their fervices ;it
only fads, that *here they do not agree to theft par.
titular requifitions, the Levy en Mae is to proceed.
as if no filch Volunteer ellablifinnents bad been made.
The a4th fee. of chap. 96, (peaks, it is [Tee. of
the period of Cervices ; but this does not apply to
thofe Volunteers in the common acceptation of the
r term. but to the. Volunteer. under that particular
All, viz. to thofe perfons who are liable to ferrite
in the Levy en Maffe,
" The AR 42 Geo. 111. c. tat. felt. 9. leaves the

matter in the fame uncertainty. It has no retrofpee-
live ♦iew. The reth fee. feems to afford fume in-
ference, as if Volunteers had not the power of refig-
nation ; but this mull be underffood only to have
operation with refpeet to thole corps, where, accor-
ding to the original terms of fervice, the members
are precluded from Poch refignatinn. Neither, how-
ever, from this Ilatute, or from the words in any
other, are the expreffions flrong enough to warrant
us in determining, that the privilege of refignation,
implied in the preceding flames, is revoked and
withdrawn.

" We are, therefore. of opinion. that the dela•
dant was competent to exercife the power of reigns.
lion ; and that this convillion cannot be fuftained,
and mutt be qualhed."

TiII ZINO O. COLONS!, WIPIULIII •ND CAPTAIN

CUMMING.

The Defendants were brought up to receive the
judgment of the Court for confpiring to defraud his
Majetty of certain rums of money. by fabricating
falfe returns and muller-rolls rif their regiment. and
thereby getting a larger: proportion of fobtiftence
money than they otherwife would. After their alt•
davits in extenuation had been read, and Ciunfel
were heard in mitigation, they were remanded for
Monday nett.—Mr Gists entreated that Colon!'
Hepburne might be admitted to bail, urging that his
!late of body was fuch as very often to require furp
cal aid in the middle of the night. Lord Eiismso•
itouc it refitted this application.

TNt KING V. NCOCCS AND AliOTVIIIII•
This was a c nviaion for (ending into the Cowtoni•
(inners of the N..vy falle vouchers for coopers work
done in Woolwich Yard. After the affidavits bad
been read, and Couniel heard as before, the DP
tendants were remanded till SAinday nest.

ASSAULT.

INS RING V. WM. SANDErnSD.

The Defcnd.tntaliiikcwifel,;(o.ighinp (or judg-
ment., for alLoltingltn Excile Officer, who tame in
Wryer his candle•, he tnitig a tallow-chandler, and
lobjeft t fuch furvey. He was renundca 01: Sam-
-42+3 mat.

MANDAMUS.

Mr. E• RIC! nbta;ned a rule to (hew eade WhY
A mandamus int he direfted to Geo. Knapp
4 Mane!teller, requiring him to deliver opthe books,
Deed. and. court rolls, belonging to the manor and
court lcet of Man:Wier ; which Le had hitherto rt.
lufed to do.

POLUNTEERS.

TO THE EDITOR OF THE STAR.

at,
ed.
de.
of

the
liar
rice

in-
rig-
Ave

res.
pa.
ied,

I am, Sir, your's, &c.
A CONSTITUI lON•LIST.

mni4
hAI
De•

IC 11
:ini
ALM.

why
'app.
and
0 a•

Sta—From repeated kiints in the Newfpapers, we
are led to tuppok, that the Minikr has it in contem-
plation to introduce a Bill into Parliament on the
fubjea of the Volunteers. It is rumoured abroad,
that a Regulation is about to be adopted, to autho•
rise the retignation of all thole Members of Volun•
rater Corp* who may .not be willing to emend their
fervices for the term of five years, or during the
continuance of the war.

The ends propofed by fuch an alteration in the
Conflitution of that very refpeltable Body, I appre.
bend to be a permanent fervice and a nriti ditcipline.
When an end is propofed, it is the province of
wifdom to dikover and to employ the moil !bitable
Meant of accomplifbing fuch end. But Ihould the
deft means be found likely to defeat the propofed end
altogether, wifdom will decide that we tad better
remain in a lets, than precipitate ourfelves into a'
more imperial nate.
Should the rumoured means be employed, there
deeds no one to rife front the dead to tell us, that the
ad will be altogether defeated.
Let us proceed to an examination of the compaB
between the Government and that loyal body.—
Tbeir Cervices were received generally (not to fay
univerfally) on certain conditions. They have ful-
filled, and are fulfilling thole conditions to the full
of their fermi obligations. An indefinite term of
trek's does not ilarm them, but with a chearfainefs
dad patriotifm equal to any thing in the hiaory of
the civilized world, they are ready to follow to any
point of the country at which their Cervices may be
wanted. And many thonfands amongft them, whore
various occupations render their prefent public fer-
'ices very inconvenient to themfelves, are firmly
bound by a high knfe of honour, and a dread of
theme, to a fulfilment of every duty which da,
bare undertaken.
Men of this defcription, to whom the country is
To highly indebted, will, in the event of fuch a pro-
jolted law, have it in their power to avail themfelves
a an opportunity to refign, with their honour per.
fealy feared from the Wafting breath of calumny.'
T am not *muting myfelf with ad idle fpeculation,
but I am led to the difculßou of my &Nee, by the
ftnbwkdge of many intended tefignations, in the
event of inch an As being paffei

Is it, Sir, that the Manger of the Coefiiisties is in..
ennidatad by the lofty tone of Mr. WINDHAM—ors
gat he wilbes on this fubjei to compromife with
that great man, whore name commands my mo*
torofeund refpe&—Mr. Parr I He cannot pars over
the wide diaance that feparates him from the former
but by turning the Volunteers to the right about with
cootesopt and theme. He may meet the latter Gen-
tleman on the fubjea by introducing a few mild
sad moderate regulations, without Shaking the folid
Cervices of a Volunteer Army.

Is it. '
r. that the enemy is Amp. or is it that the
ilihni has a Peace in his pocket. that this Ihould
be asafidered the properelt point of time to hazard
the ushissing of the public force t

Public force is a free Country depends on public
opinion. Thank GOD we are a free Country fand
in this dreadful time of trial, the voluntary farviees
of patriotic foldiers are eonfidered as a debt due for
the bleffings of that fublime political Conftitation,
which at once both creates and is fuftained by public
opinion, and which has in no one inftance been de
faced by Mr. Anotacroc—And however the libel.
lons infiraments of faition may be inclined to. deny
him the brilliancy of Genius, they cannot but yield
to him that bond! parity of heart, which difdains
every temptation to bend the law to the purpofes of
a narrow and felfilh policy.
I trufl and moll devoutly hope, that no loch Ad
Say take place as that alluded to. One laudable
exatnpls to the prevention of fo great an evil has
been exhibited in the Conduit of the Briflol Volun•
leer Cavalry—they have unanimoully withdrawn
every power from their Committee, except that
which relates purely to Financial matters.