Star.
London, England, 1804-11-20 00:00:00

ELECTIO77 OF A .SCO'rS PEER.

We flated briefly on Saturday, that the elettion ofli
one of the 16 Peers of Scotlond, in the room of the
late Marquis of TWEEDALII, came on at the Palace
of Holyrood-houfe on Wednefday tall, and that the
Earl of KILLta was duly elated. The Earl of
Lauocituata loft the eleition by a majority 6f 12
votes, as wilt be Peen by the following ftatement
Earls a Morton Earls of DalhouGe Lords Blantyre
lelint‘un Aboyne Ellbank
Home Lords Sinclair Bdbaveti
kellte Sample Rollo
Lauderdale Elphiuftone tiunalrd

1.11011111.
His Royal Highnefs !lie Diike ut Rothfay (P. of Wales) to the
Earl of Lauderdale.
Duke of Roxburgh to the Earl of ILandrerdale.
Earl of Ertol to the Eatl of Kehle.
1101110 LISTS.
Dukes of Butelevel Eit Lot Haddingtoa Easkt of HoPetoun
Lennox Galloway Deloralne
Curl, Nordic& Vircounts Falkland
queentberry Bakens/ Arbuthnot
At hole Dundonakt Dunlalarte
hlontrofe kintore Lords Forbes
Earls of Crawford Ereadalbane Cathewt '
taithnefs Hyndford Torphithen '
Cathlts Stair Napier
Moray Glafgow Rea,
fOratkritore Flatmate Kircudbf lett:
Abtreona
VOTED tot Too tAlt. Ott tactile.
Dtikes of Buceleugh Earls of Strathmore Vlfeeunts Falkland
Gordon Kettle Arbuthnot
94ceialberry liseldington Lords Forbes
Athol Balle;wras Cathcart
Moctrofe Ahoyne Sinclair
Earls of Crawfoni Klundopald Napier
Errol H R
yndford
eny ,
Citthnefs Glakow Kirettdbrlght
Morton Pontoon Elibank
Moray ilopetoun Rollo
Hestia.' • beloraint —....3s
• VOTtti Pat Tit i !AIL 0/ LAUDIaDALIC.
His Royal Hiihinfs Duke of Rothfay (P. of Wales.)
Dukes of Lennox Harts of Dallusafic Leeds Elphlnkone
Rtixburgh kflortha Torphleben
Earls of Eglintoun Mutate DI •
CASs *eadalbane tiM
ellhasup
A beTeorn Stu.' Kinuaird
Galloway Viliotint Donblant .....-to
Lauderdale Lord Semple
After their Lordllips hid takes the oaths, agree.
able to the Adt of Parliament; the Earl of La wen-
DIME (portly addreffed that Lordfhips. He fait:, that
although he did not mean to protell againll thofe No.
Me Lords who had been Created Britifls Peers from
voting on this occafion, yet his opinion was OW the
fame a, formerly, that their doing fo was an infringe.
'rent on the independence of the Scots Peen.
The Earl of hloaron, in reply, aid, that the quer
tints alluded to by the Noble Earl had been decided
in the tilufe of Lord!, the proper place lot deciding
thi, quellion, in favour of Britith Peers voting in the
elettron of the Reprefentative Peen of Scotland, and
that he came theie aceordin&ly to exercife this privi-
lege, which he Confidered lumfelf entitled to, being
born a Scots Peer.

Lords KtimMit to and St mrca fupported the Opinion
of the Earl of 1.111/DaIDALIs after which the coiner-
fation dropped.

Their Lordthips.wete attended by Jamas nuts'
and Jamas W , Efqrs. two of the Principal
Clerks of Se Eon, as Deputies of the Lord Clerk Re-
giiter : the Rev. Drs. Gs sve and juussrom, two of
his Majefly's Chaplains, and the other proper officers.
A numerous alfemblage of ladies and gentlemen
welt relent on the occafion.

The Bien Hon. Rona" Miser of Avail"
Lord Chief Baron of his Itfajelly's Erthequer in
Scotland, it re-elated Loid Reaor of the Univerfity
of Glafgow.

WILLIAM VrsaT kUIIIIIIIOS, Efq. (late of Gray's
Inn fquare) is appointed Chief Jullice of the Bahama
111 and.. in the room of Mos a s F . Efq. refigned.

NICHOLAS SAINAUttt. Efq. younger Brother of
the Admiral, is appointed Vice Treafater of the
Ifland of Ceylon.
Brigadiere-General Jona Panics is appointed to be
Aide-de Camp to the Knits.

The Hon. Major e... Paws reaped the tern.
pnrary command of Portfmonth Gamfoe to Briga-
Jim General Oaaes. on Tuefday lail. and the fame
day left Pottfmoutb, on a silk to his brother Lord
MULGRAVS, in the neighbourhood of Brighton.

The fetand battalion of the 3dlngintent of foot, or
Old BnC, and the ad battalion of the 69th regiment
of faor, being part of the Army of Referee, embarked
1.. R week at Portfmouth for (maks in the Mande of
Guanicy, Jerfey, Ste.

The toth (Prince's) Light Dragoons, now at
GutlJfort!, are under orders for Silas, to replace the
tith Regiment on the. enail.
The following Officers are to conllitnte the Court
Martial appointed for the trial of the Hon. Co!. A.
C. jrII4IISTOICI,
Llestenant Generab Harris, and Slr J, Craig • Major Generals
Sir D. Baird, Finch, tord Southampton, and Sir J. Stuart ; Bri-
gadier General,. Sir n Attuning, Manningbasn, and Montt clot ;
and Colonel. Gledilains, and W. dtcwan.

_.....,_ .
The Court will nor meet until the arrival of Sir
T. TIIIGOt from Gibraltar.

Many gallant and &revving officers are now (offer-
ing feverely from the lots of their foie pecuniary •'e•
podance by the unwed failure of Ross and
Oaisvis. Another hardlhip to officers, by being
compelled to depofit their purchafe money in the
hands of Agents, who (peculate with it in a variety
of ways, is, that it may (as often happens) remain
in their hands for years, without producing an iota
of interea to the ptom officers.
The ben managed and mon fuccefiful campaigns
Are carried on in St. Jame.'s-lireet and Pall Mail.
where promotion and it/striation are more rapidly and
eafily acquired than in the field of honour.

I; nothing is more becoming to a General Officer
than wounds And fears. both Generals Maass and
1141 RD may be eonfidered as remarkably hamlfoot men.
and fo, in IoC, they are, in the eyes of every zealous
t

Arni*--Ageney, ;1 is (A I, will be ennfoliJsted ander
one Lo ut, wh, will be I :rmed " Army-Arent Ge-
lima," and ae rime writarycornoliments will be paiJ
to Aim to "Cc..um!;irr-Gearrai," as efleblifbcJ
An grJer from Gencr.ll Foe, at Alalta t a c..Hlr uni-
form ;er tom, Lis Deputie., and staff.
1 This u:a 1 I :4 nacti ;MA IQ the Armi.

AMERICA

The following lettcr, communicated to the Secre-
tary cat State, publithed at the requea of the Mar-
quis de CAW Yaujo _ _ -

" Walhington, Oetober s, 1804-
" Sir—Having been abfent from Philadelphia
for thefe eighteen days pall, and travelled far into a
part of Virginia, whs,e I had no opportunity to fee
the late newfpapers from the Northward, it is but
to-day, on my return to Wafhington, I have been
apprifed of a publication highly injurious to my cha-
ratter, which, under the garb, of ftvorn evidence,
has been made by a certain W. jackfon, of Philadel-
phia, in the paper of which he is the Editor, called
the Political Regiller.
1. Had the laid evidence appeared ifolated, with no
other weight but the name of the Editor, and the
circumßanees of his depotition, I would have treated
his malicious attack with the (Bence of contempt, as
all the faits therein related, even lam ones would
not prove I had violated the laws of this country,
nor the duties of my Ration ; buns letter from the
Prefident of the United States to Jackfon having
been circulated along with his evidence, this eircum-
fiance alone (although the Prelident does not erprefs
hit opinion upon the fulVea) (lamps this affair with
a degree of importance it would otherwife have been
divefled of.

" For this reafon, and for the refpelt I gawk to the
Prefident of the United States, to this Government,
and to myfelf, I have thought proper, in thus ad-
dreffing you, to enter into the explanation of this
' tree:onion, innocent in itfcif, confonant with the
Uses pi the country, proper in my Ration, and which
cannut be disfigured even by the at titice of int-idiom
malignity.
" In a country where the liberty of the prels pre-
' rails, its ufe mull he a ibield of defence, is it is Art
inttrumetit of attack. , This is confonant with jittlice
and congenial with die principle of equal rights.—
It is then legal to eftablith a defence, by the prefs
againft the attacks made through the medium of the
prefs. This feared principle of feli-defence is as in.
herein to political hates as it is :o individuals.; and
when an offence is thus made againft a Sovereign,
Which cannot be brought into a Court of indite, it
is apt only the right: but alto it is the duty of the
repretentative of that Sovereign or Nation to repel
the attack with thylame weapons which are made ufe
of fo-r his inry. T
." Were thc Foreign
.Mittifters to be deprived of
ibis right, enjoyed by every individual who breathes
the air of the United States, they would be reduced
to the fad condition of aVisivailled Jima in the very
centre of the land of liberty. For fcnne time pelt
Coma of the Philadelphia newfpapers had publilhed
paragraphs and circulated con mentsabout the exift-
iog differences between the King of Spain and the
I United States, mutilating fag, altering circurn-
fiances, and drawing tithe conclulions highly con-
trary to the derider of jullice and generofity fo
often and Co magnanimoully proved by the King my
menet. Y tnyfelf was pointed out as the author of
Come letters from Cadiz and Madrid, although I
never knew of them but by the newfpapers ; and,
with the tame injullice. an abufive paragraph againft
the Prefident, was (ince attributed to me. Thus the
Public mind was poifoned with incorrect accounts
and obnodoes condemns. Under fuch eircum-
fiances I believed then. and I believe now, it was
not only my tight but alto my duty to ,check the
torrent of impreffions, as contrary to truth as to the
intereft of my country. Being very well acquainted
with the great influence of public opinion in a popu-
lar Government as is that of the United States, with
a juts intention of bringing the fobjets of difcuion
under a forcible point of view which had been care-
fully concealed, and prefenting them to the public
eye under new epeels ; and apprehending that the
Editors who had precionfly cfpoufeel a party on the
-queflion would refute to intent in their papers my in-
tended publication, I thought that Mr. Jackfon
among others would not perhaps have the reloltance
which I anticipated in the former. I requelled him
to call upon me and, having acceded to my reqiieft,
after a &fishery converfation about the news of the
day, of Mr. Pinckney having called for his patiports,
ID y apprehenfione of the rallt Ilep, and the detriment
which would mile from a war between two na-
tions, invited by their reciprocal intereas to the pre-
fer vation of peace, I told him he could do more I
good to 114 country by advocating peace than by'
the warlike priociplts he was proclaiming in his
paper. I dwelt awhile upon this topic, and MIA.
ed by bringing forward the unlT objea of ooreneet-
ing, and telling him that if fo difpoted I Could give'
to him for publication explanations and elucida-
tions which could not fail to be favourable to the
carte of peace, and that for his trouble he would
have the " atgowleJsmemt Art would k prejer."—
There were my only words upon this head in all the
courie of our converfation. In this i•ffer I bad
in view but the jutl compenfation whichis due to
an Editor of a Newt-paper full of adverdiemenu
as Mr. Jackfon's. for the room the: my intend-
ed Eltays would have occopied in his Gautte, of a
rewind for his labonr if he was to take upon him(clt
to couch my ideas in a mote corral language than I
could do it mytelf. Surely the honour of a man who
is in the habit of set g the (pace of his Paper by
lines andel not be hurt at a pat Lomrenfatiim which
was offered, when it was queninned of occupying
tome columns of it ; and Mt. Jet awe is leis mute-
able in the perveilion of my meaning (converting
under oath a mere furnsife ut his into the affirmation
of a fall) as I repeat:dr told him. " Sir, this is not
a diplomatic intrigue ; it is a plain cafe t and if there
was any thing dithonovrahle it it, I would be the
IA man to Furore it, and you would be the halt
man to whom it "'mild he Fr' .p• fed by me." N •i!
Mrd•cason has omitted in lit, affis.avit theft ca
Pre one of mine, fo illuilrato.e of my t:ile meadiac.
is better 1..n..wn to himielf : Iti.. it he i a man of
honour I defy hint to elm them ; rani leave it to
your confideration, Sir, if it h id I intention
to perfuade a perfon to an improper e. .t !would
have been fu aukwsrd as I.) bring the ...gasman. of
the molt let twain's% I- •ii •iir before his errs. it ie
torn evident that Mr. Jacisnoi has pc's-enc.! rise
meaning of the cornpciratiiin ilrercd 0 's ic tl c
more rideetakut as the: only thing wi.i. h IT. I,r
was contemplated by Wit W 4. the mccli t
his olbse that i. the printing rimy ribl.c I.
be apprehended that a t neigh. NI:0;de: uniihi
t doe an inusgoe to 'mitre •

f

high Officer of the Crown. deppftPary of the retirttli
of Rate and iiireaor of its meagre. I,.but to brill
Mr. JACKSON, the Editor of a Newfpaper, who 4
linen are•fcarcely to be fan suds the vntollo of tbo4 -
Schuylkill and the Delawale; without a place in rho
Government,, without perform' influence, to bribe
him for the typographical publication ofitliaahi=4
were not his own, by their nature perfectly
and legal, is a conjecture only to be fuggeitell t‘
wicked heart or a miterable head. I repe_mibst
only apprehended refufal of the Editors *tool hkoll
efpoufed a fide of the gueftion coritrary.tO j y, ,dens
determined 124 to, call on .the hid JaCsion
that though I confider him a mere, of tome. natant
be is highly deceived if he fuppofes I could mikallb
his pen for the key to the Temple of Janos.
VAcre-in then what be info very politely pleat:.
to term my info:tau porpofi is it in the elisti.L.•
tions or explanations propored t Surely not, as lie
hoew;:r7 little of them ; and even if known they
were eftly innocent. Was it in their tendency ?
that Is impoffible, when their objefl was by his own
confeffion the peace and advantage of our two cbun-
trim. Was it in the attempt of publifiting them? it
is demonarated that in tech, circumfiances I hive not
only the right, but it was Even ray duty to it. Was
it in the tender of the eompenfation ? it is evident
there was no more indelicacy, in this proceeding
than there is io the offer or the prefent of a fee to a
Lawyer or to a Phyfician. Where is then the
offence to Mr. Jecesoe's honour, or to the rights of .
his country? •
" If Mr. Jecenis has proceeded with a culpable
levity, and affirming under oath that be had pene-
trated my infamous purpofe, when it it evident ho
had completely miltaken it, be has been not left in-
corred in aliening upon oath that I had mentioned
to him to have myfelf received a letter from New
Orleans. which Rated there was a letter at that plies
in Mr. J. r w aa son's hand-writing, v Lich declared that
if the Ind*. between the Mitllthppi and the Rio Per-
dido would raife the American colours they (hots's'
be fupported. Nu, Sir, it is not true, although given
under oath by Mr. Jeccson. that I had received fuch
a letter. I only,told him in the way of commutation
and not. for any other put pole whatever, that there
were in Philadelphia one or two letters from New Or-
leans, mentioning the above account. I never in-
formed him I has received one, as in reality this was
net the cafe. That (itch letter or letters under the
above-mentioned date, have been written from New
Orleans is a fad known by fame people in the city.—••
I asyfelf have fees one of them dire red to a very re-
fpedable perfon in Philadelphia, and if authorifed by
him, I would mention his name-but after the Pre-
fident's declaration I am convinced of the falfehood
oldie affertion, and perfuadcd that calumnies can
be invented and propagated with the fame facility in
New Orleans as they are done in Philadelphia.
" This, Sir, is the hiftory of this traidiedion, ridieu-
toady magnified by Mr. Jatcsom who has prefented
it to the public with as much folemnity as if he had
dikovered the gunpowder plat nr the confpiracies
,of Fi rimy a and Banssaa. All the heinous crime is
that I whited to make ufe with decency and decorum.
of the inconteftible right I polka of fell-defence, ap-
plying it to my Sovereign and my country: The
intended elucidations have fince appeared in other
papers under the fignature of GRAS tOtA Hameln'
and by the perufal of thole ettays, ) .ndy eafily
jrdge if their contents are of a nature to bribe Mr.
limiting with any oelnotterckmfet, as lie declares in his
evidence, or if there is in them to be found a tingle
etpreffion contrary to the refloat due to the Govern-
ment or to this country. 'the ufe I have made of
the liberty of the prefs cannot be difputed without
attacking the Conllitution, as the law does not con-
fider in its Watery reffrietions the publilher, beetthe
publication ; and if this does not infringe the law, it
would be a criminal attempt to refirain any perfon in
the United States from the estreife of his leered
right. This is, Sir, *hat was intendod to he done,
and hat (ince been done by me. sly means have
been jug and legal, my objea pure and benevolent,
and can only give offence to peel •ns who groaning
under pique and difappointment. e Rabb ih their expir-
ing hopes of retticring their (haltered fo, ILIAC' on the
public calamities of a war : for inch perfons the
dot/rine of advocating peace cannot be but high
treafon.
" I would have demanded farm this Government
the punifhmeut of the hid le c Soli, fur the offence of
convening a mere furmifc of his into the affirmation
of a faff. and ernplgaing under his perverte ideas an
infamous and defamatory language, had I not antici-
pated, that when the particular, of this Ltur &ill be
known to the public I (hall be completely avenged by
the feverity of his feelings..
" Although the vindication of my conduit stele.
lively belongs to my King and Government, the fa-
vourable opinion of the good peopll tit. America is
far from being indifferent to me. •For this rerti'on.
and for the degree of interelt and ins, ortan.:e chat
the circulation of the Prefident's letter has given to
this affair, I have thus condefeetided publicly to no.
tree an incorreS affidavit with unjult and ah.-minable
conclutlons. With fentimcnts of high conliderAti•io.
I have the honour to be, Sir, your na.iif obedient
humble fervent. (Signed)
• Jaws Madigan. Efq." "err. Dt case 1111310."
" P. S. I have referred to the laft. what Mr. Jami-
son has mistakenly introduced to imply, that I had
Airumed a contemptuous Ryle by refuting to timers the
AJosinillration " the Government." On this hemt
I am particularly &limns of vindicating myfelf, it is
fa foreign to my difpofition. In troth, during the
debates of Congrefs in 179/1, I learnt the difference
between the two terms; and, in freaking to Mr. jack-
als, I mentioned the Admini:liation, and added
" not to fay Government," thereby me ittitig, to
between the an .1 tl:c three
branches a.t the Legiflatore v hieh ert:.titire the
Government. Thus this apps c sly d uetl e3ful •
I inguage evinces only the caii!ious fr 'Ti .1 a
f ireigner.So many wife onilruai t v had not
been given up n o t:h, I could not bat c riiipalcal of
being a. ciders'. ."
On the faree,,,ing Letter the E,1i•,0 14,1:
:ci t; 11 ft," tzar irk. The x 0..:t• he-
t. een the degree ..( t.. Ihe
that:rn.ivt of Irfai.vr Jac ..se•, av dccl cd t•pon
and the bare Ail n...f MI. Vs-•l.t Let thotin
who tufty/ the c. :Ica Mai 0 JA-1.50%, .tt A fat-
diet and a man of •or, and who rec..llcfl the
conJna rf the Spanih iu other trantaaiuns,
decide.",

t

LAU' INTELLIGENCE.

COURT OF KING'S BENCH, NOV. z?.
THI KING T. T. PHILLIPS AND J. HALL.

There perfons were brought up to receive judg-
ment, they having been frond guilty of obfirueling
Excite Officers in the execution of their din, I and
were fentenced to be imptifoned in Hotlisans gaol
for the term of fix months.
csunta AND OTHERS V. POTTS AND OTH Ins.
The Plaintiffs are merchants, the Defendants are
underwriters. Tbe latter had taken a riot on a po.
licy for the former, on a (hip from the coati of Africa
during her trade there, and on a fubfequent voyage
to the Well Indict.
Mr. Grass moved to let afids an award on this per.
Vey, which had been made by Mr. Ludlam and two
other gentlemen, Meeting the Underwriters to pay
a lots of 7y per cent. He laid the arbitrators were
perfons refpeEtability, but bad committed a grofs
error in their deciflon on this eccalion. The (hip had
taken a mrgo out, and after the delivery of it on the
coaft of Africa, the appeared to be much damaged.
She wah in confequeuct.laid down and examined,
and being deemed unfit to vrofecute the voyage, (he
was immediately afterwards fold. It was perfealy
chars from the terms Of the policy, that the Defeo-
eartereould not be liable to this lots.
Rule granted to thew caufe.
toy. 19...-1141 MAC O. SOOTHIFILTOW: '
'The Defendant being brought up for judgment,
Mr. Bea env. Sated- that
_he had been teed at the

lai Well* Affirm, opon an information containing t
counts. Of the three fief counts he was acquitted, •
and bad been found guilty under the remaining is.,
Mr. Buttiows now prayed to be heard in arrea of
judgment. The fiet count on the infcrtmttion charg-
ed the Defendant with corruptly end wickedly in-
tentfmg to convert the revenue tact to threppreSnn
Obis Malelly's fubjels, andi with that dew, with-
out having the intereft of the revenue at heart, ha,-
lug written to a peens of the name of Allan, inform
mg him that belled been applied to for the purpore
of prefeeuting him for felling medicines without
tamps, and) with intent to extort and proenre money
from the (aid Allan, for quafhiiig that proftention.
In the fecund count he is charged in mere general
terms, with having been guilty of extorting and pro-
curing money (sons Allan, by then and there threat-
ening to have Poch alien brought, unles he gave
Ms the fain of tot. The third count was of little

tonkqtrence. and contained nothing but the general
charge in the fecund. The (mirth count again refer.
red to a letter, and to it and the fiteceeding count,
en which the Defendant Had been found guilty, it
was principally neeeffary for the Learned Counfel to
call their Lordthips' attention. It was incoenbenr in
order to work any perfon guilty under an informa.
don filch as the prefent, to !hew, that, if the ati
which they meditated had been accompliked, it
would have amounted to a nairdenseanor. Now, in
the preterit information, at lead in Chafe counts under
which the Defendant hid been found guilty, there
was nothing certainly and precifely laid down which
amounted to a criminal charge. He begged leave to
tall the attention of their L,urdthips to the twin ahs
of Parliament under which alone the information
could las laid. He meant the Aft of the forty-fecund
of Cis. King, chap. 53. and the fort]-third of the
jusg. chap. 3-
3ffr. jnliice Lava/acs.—'' Is it not a mifdemeannr
Weston Risme y under the pretence of ttoppi ng procefir
Mr. Iluaaowe contended that the crime fpecified
L the information was nor laid in fuch a manner as
to fupport the charge of a ntifdemeanor. The Ad
of the 4sd of the King, under which, as appeared
fresnthe fire count in the infotmatinn, the charge was
laid. impokd a duty on all medicines for the cure of
dileafes, he. It then proceeded to matt, that per-
fens vending fuch medicines Sould take out licences ;
and Amid receive from the Stamp Office labels to
be aimed to or put round every bottle, box, or par.
eel, containing fuch medicine, which they might vend.
And it is by the tenth fition enacted. that any per-
fon vending huh inedicineswithnutfuch label, timid
be fubjea to a penalty of aol. This was the only
penalty in the aft, and it was unquedionelly the pe.
'malty alluded to in this profecution. This was the
offence—this the mifdemeanor—which ought to have
been charged ; but was it fo laid ? In all the Contrs
but one. and that, too, one on which the Defendant
• bad been acquitted, no particular medicine was (pc-
cited. In that count thee. was no 'mention made
of Fryar's Balfam ; bur, to have made it applicable,
4a repetition of the medicine ought to have been made
in every particular count. There were medicines
prepared by apothecaries, to fell which without a
clamp carried along with it no penalty. This might
be the kind of medicine alluded to in the information;
at leaa there was nothing to warrant a prefumption
to the contrary. To the vending of fuch medicines
without a Ramp no penalty attached ; nor could it
infer a mifderneanor againli the Defendant, if none
inch could have attached to the vender ; yet there
was no allegation in the various counts under which
the Defendant had been found guilty, that the me-
dicines alluded to were thole pointed out in the aft
as requiring the label to be put round them. There was,
however, another equally valid objeainn to the infor-
illation as laid : To infer guilt againa the Defendant,
he apprehended it was necciary to prove that crirni-
rahry attached to the petfons from whom, as being
riilry of defrauding the revenue, he was charged
with having extorted the fume in quetion, jot in the
fame nay as to conflitute the crime of receiving Rolen
goods. it would be nereffary in the firft place to thew
that the goods chaled to have been received had
&finally been ttnlen. rms. Mr. Burrows contended,
was indifperifably neeeffary. To .nake the 'threat
valid againrt the Deterdact„ it was incumbent on the
Profecutor to alledge that the mifdemean-T meant
and threatened so be capored, and in confeqnence cf
which the money was calor:eel, annally was ommit
ed. Thiv, however, was not allcdged in the infor-
mation againt the Defendant. There were, betides,
ether poirus of irregularity : In the fourth count re-
ference was made to a letter ; now, in the former
count., two different letters bad been ipecified, and
acv e$V.l, which of the two eras alluded to. The
word /id. too, was pled as coontßed with ',re/Katie',
and diffetent finds of prefecution having been 'Hod.
ed rn in the inf ir 11:2 urn ;le ally appear to
%%ha,. pareculsr pectecution the word we. m.-ant to
apt+, ; L it the Learned C.,unkl contended was
Ote C ..o warrant and give cited to the charge.