Star.
London, England, 1817-07-25 00:00:00

THE BRAZII.q.

A Lisbin Mail arrived this morning, and brought
letters to the 12th instant. They are entirely silent re-
specting the reported capture of Pernambuco by the
Portuguese Expe.lition from Rio; and we now
doubt very much the statement that this event took
place on the 20th of June. Indeed there are other
and strong reasons for discrediting the fact. There
at letters in town from Maranham of the 4th July,
liiteen days later than the reported capture, the news
of which, had it occurred on the 20th June, would
have reached that place by the 25th: Nay more,
before this time we should have received the intelli-
gence direct from Pernambuco, for it is known that
several vessels were lying there loaded and ready to
start, being only prevented by tho blockading squa-
dron. Had the place surrendered, some of them
would lave sailed immediately and would have been
at Liverpool or London before this time ; kr the
voyage may he pertorrtei in six weeks—but say in
50 days; whereas it is now two months and five
days—i. e. 66 days sitice the place was reported to
have been placed under the Royal flag.

EXTRACT Al A LiTTER 1,14(41 THE AGENT To LLOYD's
AT LI.BON, DATED THE 12Th INSTANT.

" Yesterday were landed from a vessel jest arrived
from the Azores, part of the crews of the ships Grao
Para, and Caroliva, of this port, which were cap-
tured on the Ist ultimo in the vicinity of those
Islands, by an Insurgent schooner privateer, of 1()
guns and 130 men.—The first was from Bengal and
Rio, the other from China and Bahia. It was calm
when they fell in with the privateer, which, by the
means of sweeps, got under the stern of the Gran Para,
and after capturing her a breeze sprung up, when both
the privateer and her prize bore down on the Caroline-
I have also to state the arrival here of the Pnassian brig
Industry, SCHUMAN. from Riga to one of the Gali-
cian ports, which had been captured by a Tunisian
corsair, and which kft pan of the original crew on
board, who rose on the prize master and his men,
and threw them all overboard. Accounts from Ca-
diz and other quarters state, that there is a number of
privateers now cruizing, which must do great injury
to the trade."

The Eliza, SALSZRO, from St. Bartholomew's, hai
arrived at Maranham, and been seized there. She
was plundered of a groat part of her cargo by the
Insurgents at Pernambuco.

The VOLAGE frigate which arrived yesterday at
Portsmouth from the East Indies, has, we are happy
to say, greatly lessened the appreltencions whiclt are
entertained of some Indiamen having been lost in the
China Seas. The BAROSSA, which was prine;pally
mentioned, and on which Insurances were yester-
day effzcted at Ltovv's at 50, 60, and even
so high as 75 guineas per cent, is announced to have
arrived safe at China. The Were 'no, one of the
other three ships said to have been lost, is reported
to have been actually destroyed—net in a wham,
be: by fire, at Canton—of the other ships, the EL-
PHINSTONZ and ANNA, there is no account.

Some of our contemporaries, animadverting on
the proceedings at Edinburgh on the trial of APKin-
lay, betray great ignorance of the nature of criminal
procedure in Scotland, and express surp•ize that the'
Judge should have turned the verdict into matter of
stigma on the character of the prisoner. But, look-I
ing at the verdict, the Judge would have failed in
his duty bad he made any other use of it. In Eng-1
land the Jury must say either 4! Gsilty," or " Not
• Guilty." . The law allows them no middle course : in
Scotland it is otherwise— if the prisoner is conceived
by the Jury to be perfectly innocent of the crime
laid to his charge, they are bound by their oath
to say—" No, Guilty ;" but, on the other hand,
if they believe from the evidence that, to a cer-1
tain extent, his conduct has been criminal, but
not of such a quality as deserves to be visited by
the full inflictions of the law, they are permitted
to qualify their verdict, and free him from its
punishment, but not entirely from its censure, by
saying Not Proven." If there be sny error in this
verdict, that Lys with the Jury alone—not with the
Judge, who is bound to receive it. In applying the
verdict to the criminal he only acts•as. the organ of
the Court—the mouth of the Jury, when they have
once returned their verdict.

On thii point we think it very possible that, when
duly considered, many may be inclined to prefer the
Scotch to our own procedure ; for where the minds
of Jurymen are fettered, and an unanimous verdict
must be given of " GOO)," or, " N.t Cidity," it
must often happen that the evidence will strike them
differently. There may be no difference of opinion
as to a certain extent of criminality but great doubt
whether it reaches that character to which the law ap-
plies the punishment which would be brought on the
person of the culprit by a verdict of " Guilty." In
such cases the Jury here have no way of marking
their sense of the blame that attaches to the criminal.
but are bound to say " Not Guilty ;" fur no indivi.
dual who is not convinced of the can yield to
his fellow jurors and bring in a verdict of guilty.
The conduct of the Judge was, we think, most
correct; but he would probably have gained in pub-
lic estimation, h.d he directly reprobated the con-
Atm of those Agents who appeased to have tam-
pered with the witnesses.

tvAr,a mrpLi.larKcp.

PORTSMOUTH, JULY N.

Arrived his Majesty's ship VoLacr, from the
East Indies. The Voutoa left Madras the f).l of
January ; Ceylon, the 16th of March ; Cape, the 23d
of May; St. Helena, the Bth, and Ascension, the
13th of June :—left at Ceylon his Majesty's ships
MINDEN, ORLANDO, and CONWAY; the BALCIIVEsI
TOWEY, and Chatumnett, were in the Persian Gulf;
the MAGICIINKE had sailed from Ceylon for China
left at the Cape, the EURYDICE and Racoon St.
Helena, the Nawcasnr, FAL:any:li, Giratri, and
LEvearrr ; and at Ascension, the Si tY. The Pm-
ens CHARLOTTE sailed from Ceylon with troops for''
England, the 2d of March, and 'left the Cape the
12. h of May. The ATLAS and WIND:on Cm:ls,,
Indiamen, sailed from the Cape fot England about a
week before the VOLAGC. The AsTri.t. end IRINCESS
AMELIA left St. Helena in company with the Vo-
LACE, and the LADY CARRINUTON to proceed the
following day. The Sovavraux, Battt,:r.inwr, anal'
PitoviDENcL, had arrived at St. Helena hum China.
The BasitNo, PENCE. REGENT, OCEAN, EXPLIUMENT,'
and BROTHERS, imd .u;ived at St. lleles:a from Eng-
land. The DAPHNE sailed from St. Helena for Eng-
land the 7th of June; and die DUKE of MARLEU-
ROUGH passed by the island a Jew days before. The
PHI4E:Ks% AMELIA brought a report vi the ‘Vaxi,oBD
having been burnt at Canton.
The Company's- ontward.bound ships GENERAL
HARRIS, LOWTHER CASTLE, and VANSJTTALT, sailed
'tom the Cape for Bombay the 6tli April. The
MARQUIs CAMDEN was well in lat. 22. 47. S. long.
54. 16. E. on the sth April.
Sailed bis Majesty's ship SIR FRANCIS DRAKE. for
Newfoundland.
FALMOUTH, JULY !!2.
Arrived the ACTIVE and HIND cutters from a
cruize ; and the Alert, COCKS, in 'l9 days from Vir.
ginia. Sailed the Lord Hobart packet, with a Mail
for Lisbon, &c.—Wind from S.W. to W.N.W.

DEAL, JULY 24.
Arrived the Nautilus, Wirrmici.n, from Shields
for Calcutta: she touched the ground on the Brake
last night, but floated off again almcst immediately
without damage : she had .a Piiot on boa.d. Came
down troth the River, the Hercules for 11.11ifax.

DOVFR, JULY Pi.
Sailed last night the Princess CliJrlinti- packet,
Captain for Ostend, with arid
passengers. Arrived this day the Livci
packet, Captain HAMILTON ; Citieen Charlotte, -Cll-
lain THOMAS; and Flora, Capin WAr.;s:N ; from
Calais, with passenger% Sailed this inorniag the
Chichester packet, Captain Iturrtn, and Tia'algar,
Captain 1-I.linz. for Calai,;, with panf.erigers.