Star.
London, England, 1813-01-21 00:00:00

NAVAL INTELLIGENCE

ARC Doe.
1 0 Goetbser
3 0 Jersey •
0 0 Corunna
. PLYMOUTH, JANUARY 19.
Arrived the American ship Ocean, ADA,
frgm Richmond (America), with flour,
Lisbon ; was captured on account of ha,
,tish licence by la Eilligente, French brit
of 16 guns :—she was re-captured by hi:
ship SURVEILLANTE, Sr; GEOIIGE COLLIER,
into Corunna, from whence she has just retu
this morning, a little after day-light, when
Eddystone light-house, and after having
board from Cawsand, she was fired into by
schooner privateer ; but a sloop of war appear:.
the time, the privateer made off, and the
mediately went in chace. The Dilligente
privateer has been out from France twenty
eruizing in the West Indies and on the Span!.
and has committed considerable depredations
commerce and that of Spain, and has -
France very rich. When she captured
she was the bearer of dispatches from Phu
to Bourdeaux, for the French Government
doubt is entertained of her having got safe
her refit, it is intended she shall enlist on
of Africa and the West Indies. Also
large American ship, prize to his Mai
DRYAD of 56 guns. Sailed the PIIEASAN
and ORESTES, 18 guns, on a cruize; Fox,'
the Eastward; ROLLA, 18 guns and
lugger, with a convoy for the Eastward
ship, for Portsmouth ; LANDRAIL cutter,
MAGNIFICENT, 74 guns, for the Brest station
the Quebec, Mainwell, Governor Miling,
Josesh Banks merchant ships, for the Medii
PORTSMOUTH, JANUARY 20.
Arrived his Majesty's ship RINALDO,
Sir W. G. PARKER, 'from the Downs.—S;
Lixtrar, 14, Lieutenant TREAOY, for
ESCORT, with a convoy, for Guernsey, &c.
BERMUDA, for the Downs. The West
South America convoy still remain, but •
to sail in the morning.—His Majesty's
Ana, 74, Captain RAGGETT, and ARGO 3
min QUINTON, are fitting for foreign servio
greatest dispatch, supposed for America.—'
DEAL, JANUARY to.
Arrived his Majesty's cutters OLYMPIA
from a cruize.—Came down from the
Hermes, HARVEY, for Malta ) the Alligator,
for Tobago ; and the Symmetry, Sawn/046
Westward.—His Majesty's ship VU'ER has
for convoy for Portsmouth.—Wind N.E.
YARMOUTH, JANUART so.
sailed yesterday, kor Hywich, .111*Tristeens
Wales packet, Captain. WISTIIORK. A,
morning the Cuanrictena, and remains
as last mentioned.—Wind N.E.
CORK, JANUARY 15.
Yesterday sailed the several vessels,
fleets, for Lisbon, Cadiz, and Gibraltar,
voy of his Majesty's ships Syntax, Captai
'DAUNTLESS, CaptailS BARKER; and PROTECTOR,
tenant Mammon. The transports with
Hussars proceeded on to Gibraltar for orders.
Admiralty, it is said, have issued orders'
zers, not to continue out longer than 'a
three weeks each cruize.

,it.s.

Dublin - .
Waterford -
Cadiz -

LEITH. JANUARY 18.
The FREYA frigate was put back, on
evening, by the strong southerly winds, and 1,
anchor seven or eight miles below Inehltieth.
CHEROKEE sloop of war sailed from the Roads
day on a cruize. The Brumnacunum gun '
in the Roads yesterday, put up by the
winds. The Sparkler, of Peterhead, BROWN
has been retaken, and brought safe into port,
NIMROD cutter ; which is a saving of great
to the owners and underwriters. The
Spanish wool, and of great value.

RA zges.—The CULLODEN, of 74 guns, at,
was taken into the stern-dock, in that yard,
day last, f&1 the purpose of being cut down,
to the size of a frigate, as in the case of
TIGABLE ; she is to have her quarter-decl
castle taken away, but will retain her
which will be flush fore and aft. • It is con!
the Navy Board that even thus partially
she will be no more than a match for the
American frigates, which, by carrying guns
gangways, have in effect two complete dee
a 74-gun ship, even of the largest class, •
down to a frigate (razee), be inferior to
built frigate of 38 guns.—The following:
went will corroborate this :
A 64-gun-ship carries on one side of her gain-deep
A 74 ditto, (second class,) ditto, 14 guns.
Ditto, (first class,) ditto, 15 guns.
A 38-gun frigate, of the dais of the Macedonian,
Ditto, of the class of the Acosta, 16 guns.
President, United States, and Constitution, 16 ,
Hence it appears that a 74-gun ship, even of
class, would be numerical?, inferior in guns .
laxly-built frigate of the 38-gun class. The
periority a razee has, is, the being enabled
heavier metal than the frigates, of 38 guns
will tarry one gun less. The Indefatigable,
mouth, (razee,) was cut down from a 64.,
ries three guns less on each side than
President, United States, and Constil
would not be a match for either of I
Board have therefore acted wisely in orderini
Culloden to lose only her quarter-deck -
castle ; and, it is said that the Triumph,
at Plymouth) is n'si undergo a like change.

♦IL Dlt
1 n
- 1 y
0
(Ala master,
r, bound ta
aving a Bri.
ig privateer,
tis Majeu!,,g
a, and sent
returned :-
11 within t'et,
g a pilot oa
by a French
appearing
he sloop lie.
:nte Freud'
!nty month!,
panish Mali,
ttions on our
returned to
the Occar,
ent, and no
ife in. Aftcv
on the coast
so arrived a
ajesty's ship
NT, 18 guns,
, S 8 guns, for
SPECULATOR
I ; SPY store.
for Torbay;
cation ; and
ng, and Sir
editerranean.
to.
18, Captain
—Sailed the
r Cork ; the
Scc.; and the
t India an 3
are expected
ships Dan.
co, 44, Cap-
vice with the
.—Wind E.
it and Ar.Eir
le River tha
UPTOX)
rust.s, for the
has a signal
flirincen of
Arrived this.
is w►th ships
forming the
lender a con.
lain Uprox ;
'scion, Lien.
+ith German •
orders. The
for our ani•
fortnight or
on Saturday
and came to
iltieth. The
Roads yesser.
brig arrived.
she southerly
aoww master,
port, by the
a importance
le cargo wa;
at Plymouth,
trd, on Mon. 1
Owe, but sot
the INOVFA•
ck and fore.
upper-deck, 1
.onsidered by
ly cut down, 1
e three heavy
guns on their
ecks. Indeed
would, if cut
o a regularly
g short state•
leek 13 gags•
an, IS gun:.
8 guns. 1
Of the largest
Lns to a regn•
The only ets*
lied to caul
ins ; but she
bk, at Ports•
s‘, and car•
the Acasta,
itution, and
them.
ordering tr'c
k and tor'
, of 74 stiv4

TI4I Aimt

..

w. .

PERTHSHIRE MfariA.
(Copy.) Whitehall, Jan. 14, 181 St
IR-I am commanded by ibe prince Regent to acquaint your
,oval Highness, that having received f memorial' front Certain
ibstitutec of the Pert White regimtmt of militia, elaimlisg n re-
• from their Military service at the end of ten years from the

of their enrolment, and grounding their cairn .on certain
clauses of the 42d of the King, cap. DI, hi: Royal Highness has
pleased, notwithstanding the irregular Conduct on the part
the petitioners in failing to make their representations iu the
instance, through their comtnanding Officer to the Com•
ider in Chief, to direct that the tase &holed be teferred to the
, Servants of the Crown, whose opinion, in obedience td the
commands of his Royal Highness, 1 hate the htitsoUr to enelbse.
have it ales in command to recommend to your Royal High-
that immediate steps be taken to infornt the petitioners,
tbroogh their Commanding Officer, of this opinion Upon their
and thsl your Royal Highness will be pleated at the same
to eirpress, in the strongest manner, the Confident expecta-
, of the Princeßegent of the entire and complete acquiescence
the petitiotfers in thS clear and conthisite exposition of the
and his Royal Highness's persuasion, Unit the discharge di
military duties, until the term of their serOice shah tegally
regularly expires will be marked by the same zeal, loyalty,

obedience, by which it hat been hitherto dHtinguished:
His Royal Highness the Commander in Chicf, &c.
am likewise commanded to acquaint 'oar Royal Highness,
t since the receipt of the Memorial frtim the Perthshire Sub-

ires, the Prince Regent has received others from the Berwick-
and Lanarkshire Regiments of Militia; but as they ate
precisely similar, his Royal Highness has not thought it necessary
order them to be referred to his Majestys Law Servants% for
• opinion tipon them.—l am, &c.
(Signed) sivitontu.
Copy of a Circular Letter addressed by the Adju•
it-General to the General Officers commanding
;tricts in Great Britain t
Horse Guards, 14th :unary, 161 3e
have receiSed the Commander In Chief's commands to
tad: to yoff the enclosed copy of a letter, Which he has re-
zci from the Secretary of State, conveying the opinion of his
tjesty's Prineipal Law Servants on the claim preferred by cer.
Soldiers, Serving as Substitutes in Regitttents of Militia of
irtb Britain.

le Commander in Chief had hoped that the very clear and
decided opinion which was given on the claims of the soldiers
of this description in the Circular Letter, which by his Royal
Highness's direction I had the honour of addressing to you on
the 12th of November last, could not have failed of convincing
them o! the error under which they were acting, and he cansot
but observe on the irregularity of their conduct on the present
ratcasion, in having passed by their Commanding Officer, and
having addres ed themselves immediately to the Prince Regent.
His Royal Highness, however, derives this satisfaction from the
Irregularity of their proceeding, that, in the first place, they
will perceive that no consideration is allowed to intervene, or
Impede, the examination Into any claim of a soldier, however era
torthotisly founded, Whenever it is stated in terms cohsistent with
discipline, and them are grounds to trust it is urged with a per•
suasion on the part of the claimant that it is a legal and fair one;
and in the second, that this question, which has Aar some lime
agitated the minds of the persons eoncerntd, will now he finally
decided by the highest authority.
In transmitting to you this document, I am directed to signify
to yols the Comtnander in Chief's commands, that you Immedi-
ately communicate the same to the Offisers in the conimand of
teginsents of North British Militia in the District under your
Command, and that you at the same time signify to them his
Royal Highhess's explictation that they will personally captain to
their turn the result of the reference which has been made to
the Crown Lawyers, and impress en the mind of each individual
the ennfidence which the CoMmander its Chief entertains tha t
they will contihue, to the legal period of their military service,
to perform their duty as faithful and obedient soldiers; and it
Will at thv same time be highly necessary to explain to them,
that if, after the far and indulgent investigation Which has been
given to this buttress, any soldier should allow himself to be so
far ridded act to make this erroneous and unfounded claim the
cause of any proceeding contrary to his military duty and en-
gagements, he may be assured that the same will be considered
as a most grave offence against diselpline, and will be met with
all the rigout atisi severity which an offence of that nature, under
Stich aggravated Circumstances, would demand.
I have the honour to be, your very obedient bumble servant,
t Signed) HARRY CALVERT, Adj. Gen.
•TINLON OF THE ATTORNEY AND SOLICITOR-GENERAL.
(Copy) " Lincoln's Inn, 19th Jan. 1813.

" MY Lotto—We had the honour to receive your Lordship's
Letter, dated 12th January, 1819, transmitting to us a Petition
addreised to hit Royal Highness the Prince Regent, by several
verso: s 3.trving as substitutes in the Royal Perthshire Militias
claiming a right to their discharge at the expiration of five, or at
thr most ten years service, and desiring that we would take the
same into; immediate consideration, and report to your Lordship,
for his Royal Highness's information, our opinion thereon.
" We have accordingly attentively considered the contents of
this Petition, and the Statute, of 42. Gee. 111. chap. 91, therein
referred to, and particularly the several sections which the I'e•
thioners appear to rely upon in support of their claim of a limita-
tion of their service to a period of five years, or at most of ten
years i and we are very clearly of opinion that the claim of these
Petitioners is totally groundless, and cannot be complied with,
without a direct breach of the positive provisions of the Act of
Parliament.

" The nesapprthenslon on this subject seem to have arisen from
rot adverting to the clear line of distinction drawn by Ihe Act,
betwcco the Wetted man who serves by compulsion, and the
st.bstitute who serves by his own engagement, avid receives a
considerable bounty, the period of service for the ballotted man
bring etpressly fixed by the 35th Section of the Act, and the
tvrtas of the Oath which be is required to take, to the space of
i:Vc •eaves; whereas, by the Section immediately following
'the 36th), the period of service prescribed for the substitute is,
" space of five years, and also for, such farther time as the
shall remain embodied, if, within the space of five years,
his Maje►ty shall order and direct (as it is notorious he has done)
Vl= Militia for which such man is enrolled, to be drawn out and
bodied," agreeable to which a Ponn of Oath is given to be
by the Substitute, dCFerent from that of the ballotted Man,
by which he engages to serve in the Militia during the term of
4": years, or for such farther time as the Militia shall remain
tiebodied, if within the space of five years his Majesty shall
order the Militia to be drawn out and embodied, unless he should
be sooner discharged.
" To construe this Section as limiting the service Of the Sub-
!State, when the Militia is embodied, to the same period as the
service of the ballotted man, would be to reject all the words in
the 36th Section, and of the Oath which follows it, extending
t.e service condlttnnally to a farther period, and to ax the same

•
•ha Inati the IStis s iNa.". 44 Are that
Atli bad. lie to ' • meek objets.
the other construttion of the 36th Section, aimed at by the Pe-
tionere,by Which the lithltation of ten years isistipposed to be
given to the SubstkuitN period of Service, is an attempt to Intro-
dute n new term into the clause, fot which there is not toy part
of it the least authority. The truth it, that the durtelbh of the
service of the Subititute is neither Confined to any defullte period
of years beyond live, nor a it absolutely unlimited, but it is made
to depend wholif on a contingency, untidy; the mintinuarice of
the embodying of the Militia by his Majesty's Command.
" If the Militia had not been ordered to be embodied within
the prescribed period of five years, the Substitute's service Would
have ceased, as *ell as that of the Baliotted Man, at the end of
lye years from the date of his enrolment ; but such Order having
Issued, the Substitute is now bound by the express words of the
Act of Parliament, and of his Oath, to serve as long as the Mi-
litia for Which he is enrolled shall remain embodied, and no
longer. The meaning of the Act un thiS subject is so dearly
and plainly expressed, that it admits of not the least doubt, nor
is there in any part of the Act any clause which4rightly eon-
sidered, in the smallest degree militates or interferes with this
construction.

" 'The Sektions relied upon in the petition (all of which we
have attentively read) are perfectly consistent with it., Some of
them have oo reference whatever to the duration of a Substi-
tute's Service, such as Sections 15, Sit Tr, SS, 45, 61, and 14s.
The 59th, 96th, and lltd thtuses, hi which the discharge of the
Substitute is mentioned, and a power given to inflict, by way of
punishment, an extension of his service, which the petition states
to render the limitations Contended for indisputable, afford no
such inference ; on the contrary, these clauses WM be found per.
fectly consistent with the construction above given of the Act,
as to the true nature of the limitation of a Substitute's service.
" The fallacy of the argurdent used in the petition arises from
not considering that the Act Whith passed in 1902, necessarily
provided for every case which might arise as well in a time of
peace as of War, when the Militia should not be, as well as When
it should be, embodied,

" In many events which Might hive takelt plate (u has been
already shewn) the Substitute's service might have terminated at
the end of five yeau, and it will still terminate, as to all who
haye served their five years, whenever the Militia ceases to be
embodied, except as to any Substitute who may, for any offence,
have been sentenced to serve for a mote extended period.
" There is therefore no inconsistency In any of the prolisions
of the Act; nor does it follow that because the service of the
Substitute is not limited to any definite period, that kis therefore
Wholly unlimited, and admiting of no possible extension, unless
extended as a punishment for transgression. The service of the
Substitute, though not litnited by titne, is limited by events, and,
till those events take place, the service cannot be discontinued
without the peril of incurring a direct Violation of the law. We
have written odr opinion thus at large on this subject, not from
any difficulty or doubt really belonging to it, but from the great
importance of obviating any possible misunderstanding respect-
ing it.—We have, Sic.
(Signed) " THOMAS PLUMIII.
" WILLIAM OAIIMIII.
" Right Hon. Lord Viscount Sldmottth, Jct."
(CIRCULAR)
WA it-orrict.

It being of importance to the sedulity of Public Money en-
trusted to Regimental Paymasters, that the persons who become
sureties fur them, should be clearly shown to be competent to
the amount for which they ate respectively bound, I hate the
honour to acquaint you, that, in future, in order the more readily
to ascertain the competency of a proposed surety for a Paynuster,
one of the lelerees is to be a reputable housekeeper in London,
unieu the surety shall be resident in Scotland, or Ireland, in
which case, if the parties cannot give a reference in London, it
will be sufficient that one of the referees should be a persob of
the above description resident in Edinburgh, or Dublin. •

I have the honour to be, &c.
Colonel of the Regiment. fALMEILSITON.
Tuesday the Duke of YORK held a Military Levee
at his Office in the Horse Guards.

To the great joy of the army in Portugal, General
COLVILLff has again joined them. It is expected that
Generals WALKER, KEMPT, and Picrox will also
join before the campaign opens.=-These Officers are
in the highest esteem with the army, and being three
of our best Gerterals, will be a great accession to the
Marquis of WELLINGTON. The first two, we are
glad toliear, are recovered from their severe wounds,
and General PicroN's health is much improved,
General M.Lgon is mentioned as going out to
command the Artillery, which is now a large body
in the Peninsula.

Mr. Bvanovrs is appointed Inspector-General of
the Portuguese Army under the command of Mar-
shal BERESFORD6 Mr. Bufutows was the Officer at
the head of the Medical Devilment in the Island
of Waicheren, and was there during the whole of
that unfortunate expedition,
Lieutenant-General Sir J. MURRAY) and the two
fine Hussar Regiments, with numerous detachments
for the armies in Portugal and the Mediterranean,
sailed from Portsmouth on Saturday,
Major-General ANDREW HAY has joined the sth
division at Lamago, which he now commands in the
absence of Lieutenant-General LElTity who, thottgh
recovered from his wounds, is still in delicate health
at Lisbon.

Major. General kOMISSON is amongst the Officers
on their return to England) from the army in Por-
tugal.

A detachment from the 81st Regiment, under sit
Office's, is ordered froth Jersey to reintorce the Ist
battalion in Portugal.
The under-mentioned detachthents are ordered to
be held- in immediate readiness, to embark from
Portsmouth, via. c 9th, 26th, add 37th regiments for
Gibraltar • 67th and 81st, for Alicant ; 11th and
14th, for Malta; 10th, 21st, 27th, 86th, 411 h, and
75th, for Sicily.
Forty Germans, deserters from the French, were
sent last week from Plymouth to Bexhill, to join the
Legion's depot.

Six eorupanieS, With the Stag, of the Mith Regis.
'tent (the Earl of CAVAN'S), are on their way home
from the Peninsula. The Stith always having been
a favourite regiment with the militia, little doubt is
entertained of their success the next volunteering ;
after which, it is expected, they will be made Light
Infantry,

What is denominated a Sufirente Perm/ af General
Officers assembled last week in the Adjutant-Gene-
ral's Department, at the Horse Guards, amongst
whom were the Dukes of YORK, KENT* and CAM-
limos, on subjects relative to the establishment of
the Royal Military College) and Military Asylum.

Ithsl,l,o Ittr.MtbOthishuirit.
• bßait brTHE bit •
or 12TH (414 m) bemuse, 1810.
6 it is htreby Commanded to All the Gentkals of
Corps, all the Chief: of Cossack Regirbents, and also
all the Partiians who act round the rernailis of the
French Grand Army under the orders of the Empe-
ror Napoleon in person, to redouble their activity and
attention in the execution of their duty, that nothing
may escape of the ruins of that artily. After the im
mense losses which it has sustained for mord than six
weeks, during which our light troops have taken from
one to 6000 men a-day; after having seen a great part '
of their cavalry destroyed; and above all, after the
Glorious day of the 6th (18th) of this month, when
eneral Bennigsett completely defeated the King of
Naples with the loss of a part of his artillery, and
such ruin to hit cavalry, that it has since never dared
to spew itself before us ; it would be a shame to our
army and our light-troops, if a single man of the
enemy was vier to return to France ; and not pay ,
with his life, or his captivity, the guilty insolence of
having dared to follow, Into the heart of the Russian
provinees, that Black Aggressor who makek a sport
of the blood of his people. The reinforceMents of
cavalry, that have lately come up, amount to 20,000
men, among which are 26 regiments of Cossacks of
the Don, who every day take a number of pieces of
cannon from the rear of the enemy, which, weakened,
harassed, and worn down, is now reduced to the most
deplorable situation, and employs all its efforts to
evade otir Vigilance, and escape our attacks.
With these decided advantages, we repeat that
no Frenchman should ever see his country again ;
but we lay it more than all upon the responsibility of
the Commandants and Chiefs of the Cossack regi-
ments, and on all our detached parties, so to watch
round the French army, that the Emperor Napo-
LEON may not personally escape, For this purpose,
we add his description to this Order of the Day. This
delcription is equally to be acted upon by all the
Chiefs of districts, all Authorities, civil or military,
all Post-masters, &c. If this order is strictly exe-
cuted, artillery, ammunition, equipage, every thing
must fall into our bands. We shall also recover, as
we have already done in part, the consecrated spoils,
which this sacrilegious Profaner, renewing the van-
dalism of the Revolution, has plundered from our
temples.

DESCRIPTION OF HIS MAJESTIC THE EMPEROR NAPOLEON.
" The figure short thd doinpaci—nhe hair black, fiat, and
short —the beard black and strong, shaved up towards the ear—
the eyebrows strongly arched, but contacted toWards the nose
the nose aquiline, with perpetual marks of snuff—the counte-
nance gloomy and violent—the chin extremely projecting—al-
ways in a little uniform without ornament—generally wrapped
in a little grey sourtout, to avoid being remarked—and conti-
nually attended by a Mameluke."
PROCLAMATION.

SUBSTANCE OP THE EMPEROR ALEXANDER S PROCLAMA-
TION, DATED DECEMBER 112, 1812, N. S.
ig The Proclamation states the necessity of keeping
up a military force adequate to the circumstances of
the times. Russia having been invaded by an enemy,
leading armies from almost every- European nation,
has been obliged to make enormous sacrifices; and
though, by the aid of the Divine Providence, those
armies have been entirely dissipated, An.; their poor
remains are seeking safety in a precipitate flight, yet
it becomes necessary to maintain the glory of the Em-
pire, by such a military establishment as shall insure
permanent security. The arm of the Giant is broken,
but his destructive strength must be prevented from
reviving ; and his power over the nation', who serve
him out of terror, must be taken away. Russia, ex-
tensive, rich, and pacific, seeks no conquests,—wishes
not to dispose of thrones s she desires tranquillity for
herself, and for all. She will not, however, suffer the
wicked so to abuse her moderation, as to endanger the
wellbeing of herself, or of other nations. Painful as
it is to call upon a loyal and affectionate people for
new exertions, yet it would be still more painful to
see them exposed to calamities for the want of an ade-1
quate defences and that the most grievous calamities
would result from the success of her late invaders, is
evident froth the enormities they haye already com-
mitted. The Emperor trusts in GOD and his brave
armies, which shall be raised to that imposing num-
ber, which is absolutely necessary for the preserva-
tion of what has been purchased by so many labours,
and sacrifices, and so much blood. In consequence,
it is ordered s

1. That there shall be a general levy throughout
the empire of eight men in every 500.
" 2. That the Governments of Pultowa, Cherni-
poff, Courland, Wilna, Grodno, Minsk) Bialystock,
Tarnapol, and Georgia, be exempted.
" 3. That Siberia shall have a separate regulation.
#6 4. That the land-owners and citizens, who have
furnished men to the Militia, shall be exempted from
this levy.
" 5. That the levy shall be commenced iii each
Government within two weeks, and ended within four,
from the publication of this order."

LAW !INTELLIGENCE.
COURT OF CHANCERY, JANUARY int.
THE CORPORATION OF COLCHESTER v. LOWTEH.
_ _

The Loan CHANCELLOR this day delivered his judg-•
tnenr in this long depending cause. His Lordship
took a succinct review of all the circumstances which
had given rise to the claims of Mr. Lowten, and the
securities granted by the Corporation for the due dis-
charge of those claims. The question principally con-
sidered in the course of the cause had been, whether
the charges of Mr. Lowten for business done, and
tnoney expended( bad been for purposes which could
be deemed corporate purposes? His Lordship thought
that question sufficiently doubtful to justify the select
body of the Corporation in submitting the whole mat-
ter to reference. The charter had authorised the se-
lect body to act for the beneEt of the Corpuration.
With regard to the costs of the issues tried at law, his
Lordship considered Mr. Lowten entitled to have
them paid by the Corporation ; and his Lordship was
further of opinion, that a Bill which imputed fraud
to Mr. Lowten, was of a character which called upon
him to mark his sense of it, by dismissing it with costs.
The Bill was accordingly dismissed with costs.

COURT OF KING'S BENCH, JANUARY 20.
CHAPMAN V. LORRADAILE.
This was an action on a policy of insurance on the
ship Providence, from Cadiz to Gibraltar, with a
warrantry free from seizure by the French in the port
of Cadiz. Whilst this vessel was lying in the

:•••-
t . •
harbour of (acitt, bring the night,
and she wat d,iven from her anchor's) g 3 wete several
other vessels alto lying in the harbour, 'several of
which ran foul of the Providence., And she becaine
unmanageable-, and drifted slink way, When she ran
ashore on a part or the beach between the ricer St.
Mary's and Fort Pedro, and in the morning a party
of French came down to the beach, took puilession
of her, and a total loss ensued.

The SOLICITOk-GENgRAL, for the assured, con:
tended, that this was not a seizure by the enemy
within tte meaning of the wartanty, free from
in the port of Cadiz; since she was chiveri but, and
had become unmanageable, in consequence oi the
damage she had sustained in the gale.
Mr. TOPPING, for the underwriters, resisted pay-
ment, on the ground that the vessel was not out of
the harbour, arid therefbre they were protected by
the wattanty.
The Mate of the vessel was called by the SOLICiTOR
Gintsam., and stated, that the vessel had floated a
considerable way, and at length got aground on a
patt of the beach Where there were trees and bushes is
it was between the river St. Mary's and Fort Peck*.
It was not like the haibottr.
Lord ELLENBOROUOII—" Had you ever been out
in the main sea ? You were eithet in the harbour or
out of it."
Witness—n We had not been out to sea."
Lord ELLENitottouca—"Then you were in the
harbour, and within-the Meaning of the warranty."
Verdict for the Defendants.
WARNER ANDER:ON.
This was an action on a policy of insurance On
goods, froth the Downs to Guernsey t the risk to at-
tach from the loading thereof in the Downs. Mr:
Nair opened the Case sot the plaintiffs and cnntenciedb
that although, in general, the Coins have held that
when words are Written, as in this ease, they must
strictly be complied with t yet when k appears front
the circumstances of the case, that it could not lie the
intention of the parties that the written words slintild
be literally complied with, the Court, will tonsil-tie it
according to the intention of the parties.
Lotd ELLENBOROUGH—ei The Couft Will look
the document, and will be entirely guided by it : itt
the case alluded to, the document before the Court
referred to another, which every prudent man would
look at, before he underwrote the policy, and there&
fore the Court took cognizance.
• Mr.Pattk then insisted that it was itripossible sot ant
than, not to be eonvhiced that it Was not the intention
of the parties that the written terms should be eoro
plied with, as it was impossible to comply with thews
Lord ELLENBOROUGH" If you make a policy thit
does not fit your case, you are in the ease of irEaan
who gets a garment that does not fit his persons 1
should be very glad to construe the policy as you
contend, but I am bound by decisions to ll* con-
trary." J

sMiTti 4. swoon. •
This Was an action brought by the plaint*, ififie
was a Surgeon and Apothecary, against the defen-
dant, a Boot and Bhoe:maker, both of the parish of
St. Luke's, for pUblishing a caricature rellecdog on
the. iolaintiff's moral character.
Mr. Setjeant Bast, fur plaintiff, stated, that this Wag
an action for a most malignant and scandalous libels
He was sorry to say, that libels of all sorts were much
too comtnon ; but of all libels, those of the desctiptidn
under eonsideration were the worst. If *rim ti lib 1
were false, you might prove there so ; if fuunded on
false reasoning. you might convince the world that
such was the case; but to a false caricature the Ml-
rest character, the greatest innocence, afforded ito
defence. The plaintiff did not go for damages be
had always been Willing to accept of an apiary'
but that being declined, he was compelled to appeal
to his Lordship and the Jury: he had sustained mag
tetial injury, both in his character and professions—.
The Learned 3erJeant then stated, there had been
great abuses in the conduct of the affairs of St. Luke's
parish, which plaintiff had been instrumental in te-
medying, and several of the old officers were retno-
ved ; the plaintiff was appointed one of the guardiatti
of the poor. To these circumstances was attribttted
the hatred shewn towards plaintiff, which it "vas ,
thought might most safely be gratified by the false
and malicious caricature. The libel arose from the
following circumstance :-.-ten quarters of Malt Were
ordered for the Poor-house, and at the same time
plaintiff ordered two quarters of the same kind for'
himself and defendant, but by mistake, the 12 clat-
ters were all sent to the Poor-house, and plaintiff
watds get the two quarters, and sent them as at first in-
tended. In consequence of this, it wasteported that
plaintiff had embettled some of the malt belonging to
the poor ; on this Plaintiff had his conduct, in this Ina
stance, examined into, in the vestry, .and the conduct
of both Plaintiff and Defendant, was fully cleaeed
from any imputation of fraud. The Learned SO-
jeant stated, that the title of the caricature was 64 A*
Inside of a newly-reformed Workhouse, with all the
Abuses Reformed," and then commented at softie,

length on the different figures in it, particularly on
that of a tat with a human face, nibbling a sack of
malt, under which "Doctor" was written, and which
he could prove, by defendant himself, was intended
for the plaintiff; there was also a figure, entitledl
" Doctor Malt," with a pillory behind him, which
defendant bad also stated to beintended.for plaintiff
That this was a libel of a very dangerous nature, at+
tt ibuting misconduct of the grossest kind to plaintiff
the Learned Serjeant said, could not be doubted
but most particularly at those times when the pibus
were labouring under very great distress; and that
as the punishment of the plaintiff, were he guilty oil
such offence, ought to be mist exemplary; so, if Ini
nocent, no damages could be sufficient fax such ma+
lignity. It was not in his power, he stated, to prove
that defendant had actually paid for the publi)hing
but he could prove that he had been active in ea,
plaining, and circulating; and this, he conttsulci. wal
sufficient.

Seeeral whnesses Were called, but they all a7reed
in stating, that defendant only explained the cat ray
lure, in which he held a prominent situation hititselel
and that he did not appear to h tee any mallt.ioal
motive.
Lord ELLEsaoP.orott, on the Counsel for plainti
stating, that they could not carry it farther, said, tha
though it was a ntost cruel injury, they must carry i
farther, and thew malice, as tt would be too much t

visit defncliint in d.im igcs, uho did "tot appear
have up malicious rnctive.—Nonsult.

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