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

MADEIRA.

Captain Sowden arrived yefterday in town from Madeira, after
a linkage of mine day., on boatel the Witham Dent.
The Mercury, a Weft India Ihip, commanded by Captain Sow-
den, was taken in the month of September by the French hirer
Egyptienne, of 36 guns (which has has fan lately ending of Ma-
deira, in company with three French privateen) and was fait into
Tawriffe. Soon after, the Mercury was pordsded by the Poten-
tiate, and the Captain was permitted to proceed in her to Ma-
deira, where her new owner lived, from whence It was his lotto-
don to make for England. The fhip had &steely reached Ma-
deira Roads, when the wind blew a peered hurricane; the was
drives fmm her author and cables, and forced upon the beach :
the fa ran fo eicefSvely ►igh at the time, that the Captain an d
people on board with difficulty leaped en &ore. One poor fellow 1
was unfortunately drowned, and the vale, foes become a wreck.
Captain Sowdat has brought home the melancholy account of
the ids 0 the Omegas. extra Slip, bound to Begat on the nth Ja..
ovary, in a violent gale of wind; two of the crew were only loft ,
but it appears aimed a miracle how any of them were laved. The
wird having been forced from her moorings in Madeira roads, her
malts were evaded to go every moment, and every foul on board
eapetted to perithorken the kind hand of Penman° c leaned to
intedsre, ved guided the Candlia, between two rocks, which war
ed her in fo tight, that for o time the continued immoveable ; the
furl at this period waked over the (hip null high, and it was with
the gratdt dillieulty that the crew and paffengera could five them
(elves from being dallied overboard, by dinging to different part
of the Alp; indeed, it would have bees utterly impoiSide, had the.
veffel been in eonftant maim at the time. In this hopdefs Rate
they *ere. when the mainawit went over the fide, and formed a
kind of bridge on to the rocks ; the crew Wed this (mitigate
opportunity to quit the flap, eddying to peeilb in the attempt to
reach the Tore, rat her than continue on board where their fate
was inevitable, Ilsonlil the veffel be driven from her pretreat Glue.
don. Providentially, the whole gained the Store in Way, except
two pathos, one of whom, we underftand, was a paffenger of the
name of Tierney. The Caeltia did not long keep her petition, but
was drivan further ansongft the rucks, and before the neat day was
beat to picas, and not a vett* of ►er to be ken Several Ihips
tying in Madeira Roads dfcaped the dangerous effete of this ter-
rible gak. by Sipping tile'r cables, and putting to fat on obfmring
the form awning on.
Captain Sowden left Madeira about the and edt. when we are
givat to uaderfta.nd the four French privateer►, of wLkh mention
j t. a. lora formerly nude, were (appal. d to be Rail cruifing in that
1 q ta•!cr ; If 'o, it is to be hoped the fri:•ate fent in vault of than,
it .1,9 arrive t:ns enough to fall in with them.
'I he William Dent had a fair wind all the way from Madeira
be: the wcatlacz war at the tame time very ball row. Ou Sidi-

41'1 fa lat. u. Wit. to. le wel ebb about so tin

of the Welt India feet. They Lad gat ad farther ma their voyage,
ha Motequence at the heavy pies they had eseamataed. At thia
paied.the Med was blawles tremenduaaly, sad the dips Irma
;alb" to. Captain Sowdes attempted to Ipeak the la* flip wide
' '

,he POW, about 10 0%11;04 but ie eqUid Stagg r,co farther pates-
lan duo that they had pastel tram their cauvoy He war Fes
veiied fret Itsariai wee Crum the Doge as* by the 'Hat

FROM LLOYD'S LIST.
,
CIAVIIIIIII4. Ir 10.—.111.11kd by tie &ot Immo, Wlliouglay,
from St. Lucia; Adriatic. Ford. from Jamayta ; St. Anthony.
Bewick, from Babes; sod the Vrow rokba, Vanity. from St.
None,—Salled the Eagle, tank/. for Africa ; MUrdifiliS, Bat=
ger, and the Jaw OS*, Astrn, for Eatbdas.
-

Aa a nye Cows, the Hero, Calk from Maryland. At
Milford. Hero, Sheppard, from Hooduras. At Liverpool, Elba,
Stokes, from Sandash. At Brißd, Lewis. Orr, from Baltimore ;
and the Olive //nada, from Virginia. At Clyde,•.Ellte,
Steptseofoo, from Demerara. la Kartoare River, Devanith, Mad.
docks, from Antigua. At UM" Myst. Alias, from Leith:
Jame, Or ay, from Ctyds ; Born Fla, Gaintes,ftons Cork: Cream
&Hry ; Andromeda, Soup; Bee, Cadets; Benjamin, Bache:
Alemoder, t Melrenger„ Repaid' • and the Daopbter,
Shout, from Londo At Opals°, Thed9reatfaa. from New-
foundland. At New York, Ocean, Sad* Uverpoel. At
St. Kin's, General Dakeell, from Africa. At Bombay,
Eluddmr, -; and Ceylon. from London. At Ma. ,
dna, Union, t and Wexford, --, from Landon. At
Madeira, Flora, Grant,- from ditto. At Savannah, Juno,
Miller, from Lberpool. At Linn, Unless., Barber, front Lea-
dam At Cask. Watidoron. Lewis; and the PAILL•ker, front
Portland. At Pock, William Dent, from
A palm arrived from which plate he left a few days
Ince, reports, that an Fr,gills whaler sad a brig were going into
that port when be earns away.
The Jamaica, of London. booed to the Welt Indies, put Into
Liverpool on the 30th of , with damage.
The Aare, MAY, OammTTobago for Marvin is Sanded Go
the Wand of Arran.
The Gratitude, Scott, from Lithos to Leavitt% is loft o
Fonnlby.
The Surprife, Carter, from Cork for Chantey, wail falai on
the 7th ult. of the Land's End.

OF PRIZF,MONEY.

The thlp 14, sat Pm (3), hired cutter, for the recapture of the
Mpg Ohs mad Maria, will be phi oa board the 16y at Spit-
bead, COI Saturday mt. the 4th of Febniary.
A dlhrliadoo for the capture of the hatch private hips of war
Courier de Tate Neon, mid rAtalaate, by the Phatammet, will
be made as Went the Paid hip at Plymouth before he promada to
196

BRIGHTON, JAM. 3o.—The weather here on Satur-
day was more turbulent and unpleafant than we have
before experienced during the whole of the winter
feafon, the wind from the South Weft blowing with
increafing feverity. A fail, at a diftance, was diftin-
guillsable in the Channel, at an early hour in the
morning, a square rigged veffei ; and Coon after, a
(mall boat, Dutch boar, was wanted anion, keel up-
wards, fuppofed to have been (wept from the deck of
the veffel alluded to, between the extremity of Shore-
ham Harbour and the little village of Hove. Further
encroachments were alto made in the cliff, to the Eaft
of the town, by the fury of the wind and tide. A
centry box was blown down near the Military Hofpi-
tal the centinel remains in a very dangerous Rate,
one of his legs having received a compound frac-
ture, and his body various contuftonv, from the acci-
dent. Part of the hulk of a Slip was waded adore
near Seaford, in the gale of Saturday ; it is fuppofed
to be a fragment of the liars. (loop of war, which
foundered off this quarter of the croak a few years ago.
HICM COOIT 01 ADDIS aavrir.—Tuefday the Risht
Hon. Sir WILLIAM SCOTT proceeded to the adjudica.
lion of the following cafes of flips and cargoes:

ntetar se e Heyman TaterTids thip. Wks with • luktl of
aie I
wee (deed oo he from Archaised to Ittatea, cc
the Feud of tweed of 1-wiP The Coast is this cafe as
the
Nes. In. dttimass. Ifblottga suda.--The kip sad atm to
this ads ware ablated as Itomill property. The Court. aSter
he dw Opaefel as heti lies, mimed the tome as claimed.
lts Aids. DIMS this ads the Caere decreed fur-
ther proof to be predated el the property widths awe awe&
ileettinght, Greet risalkin—Fastbas proof was sedwed in this
cafe asto the property wkhia two twootha
St. pp, Pabst maiter.--The Court In this cafe made a ilasibr

.........
°shwa, Omits mailer.-.le this cafe that was a chins for a
pared of mods, which the Court decreed to !kind condemned,
adds tadsfadOrp moue was produced within one month.

His Royal Highnefs the Prince of WaLes is much
indifpofcd at Brighton : early yederday morning Sir
W Feackyliaa and Mr. Wasasit fet of to at-
tend his Royal Highnefs.

Lor Sr. VINcINT if very ill at his feat at Brent-
wood. Dr. BAIRD vifited him yeaerday.

Some difturbance happened among the colliers at
Kingwood, near Brißol. on Monday lift. which. how.
ever, was loon quelled on the appearance of the mi-
litary.

On Monday the Court Martial for the trial of Ma-
jor Gummi. on charges exhibited by the Hon.
Colonel Comma jonerross, both of the late
sth Welt India Regitnent, was held at Chelfea—
the Right Hon. Lieut. Gen. Fox, Prefident. The
Court being condituted and the charges read by the
Judge Advocate, Col. C. JONHSTOre opened the
Profecution in a very able addrefs to the Court. in
which he fisted, with great perfpicuitj. the grounds
of the feveral charges. and the fubßance of the
evidence he intended to produce in fupport of them.
He afterwards proceeded to examine witneffes, and
to lay before the Court a vanety of documents in
confirmation of their tefiimonies. Major Go stole
alt.() crofs-queflioned the witneffes at great length.
The Court fat again on Tuefday on the fame ball-
nefs till three o'clock, when they adjourned till this
morning at ten o'clock. Col. C. Jou NSTONE %VAS at-
tended by Meffrs. ADaM and MORT II LAND ; end Ma.
jor Goauna by Mars. ERSKINE and PITCAIRN R.

Maya DAY or Ditawimo.—Tbe Ticket No. 762:
drawn this days Prize of Twenty Thonfend Pounds.
was fold and regiffezed at Meffrs. HAT But ss,
and Co',. Office. No. 93, Royal Exchange. where
No. 8188 drawn the Seventh Dzy a Prize of Twenty
Thoufand Pounds. and No. 3319 drawn the Fourth
Day a Prize of Ten Thoufand Pounds, were both
fold in Shares.

This was the ninth day's drawing of the Lottery,
which finalised about three o'clock in the afternoon ;
&redly after which, Tickets and Shares, warranted
undrawn, may be had at DISH% Offices, for a chance
of Saturday's drawing, which will finial/kir Lottery.
The following Capital Prizes have been fold already
in this Lottery, at the above Offices :

1.641 - C. ipoo I 23.118 - 4 spoo
18564 - 2.4.40 3.245 . s=o
4.c63 . I poo 11,045 - ,00
Tickets and Shares fur the Totrd and Laft Lour•
tcry, which is to begin diawiog the 43,1 of April
rust, wilt be on fate at the abort Officcl on 141.1nOay
nest.

Li,

fOOoRT or ItO4OS SUM fit. t.

,• yostiersea ecrs.—rna tuna n. nowteir. •
• In our Paper of Wednefday fennight, ire gave.
is eakreftry is we could. an account of the Neediest.
ina
tion.of Mi., Einem', for a eirtierwri. to br
the
Eeoceediagsii this sent!fg liefike.th o e.Court tf •
Bench. This.day Janusz been appended ter the
, learn arguments before the Jud ges cif tbeCoirt, Ur:,
ATTOMILT GOUSIIAL attended as the pis s of 111*
'Crown and the Learned Council. we bare behest
named., on the plut.of the Dsfenkupt, The pram* .
' ings were upon a conGlium, in the Anne of a ilOseks
argument, under which
idiatilla is Peas**l
to.opeli the &combines. Ito the HAWS sal*
reply, after which the . ' is entitled to thi
•
rejoinder.
Such are the forms on there occefirrose
D‘.7ted i
and Mr. Eames. in confequence. cons with
a fpeech, which nearly occupied two bawl. He
was anfwered with an edam(' to the Couit, by the
ATTOBAIIT GiniltAL, which eargetla Minh longer
portion of time. It would be unpeNble, in the U.
suits to which we are mfaibed. to give the whole
of the, argument
.faie bin what we. extra& W.
kall give them, as nearly a pollible, in the wards
of the eloquent difpetanti.
Mr. Easaies.--“ Notwithlkaufangthe Revertants
of this fnbjek, I conader it my duty to airy ao
little as pciffible of the time et the Ceurt.-is the
prefent gate. of this enquiry. ir cronies the re.
gular *rearmament of the Relied to be.
a Firs. To merle, what was the nature of the
en man entered into by the Defendant t
44 . ,To skeletal& the has found by the
Magiate ._. . . •
a Thirdly. To inquire why is is hipoifible that
the props -•age diould be fullained t .
le 'The full mid fe concl'of there queikins are, how•
ever. intimately emanated, be r.aufe the nature of the
eigkgenients is Rated upon the eel:vials& I sash
not vied the information, beau& it is merely the
cheep of the *fleece. but I Ondi confider that
part of the cafe which is patience to the miasma.
don Rated on the convietion : • Wherelpen (it pro.
etas) the kid Thomas Dowley bag hasnioned
on the iyth of Dec. in the eetb year et the King, to
make his defence' be baying beard the information
read. was aiked why he lhould not be cavilled '
When he the Paid Thomas Dowley pleaded Not
Guilty, and the kid logics of Peace proceeded to
enquire if the Paid Tbomis Doyley admitted the
matter Rated in the information to be use , On
which the Paid Thomas Doyley did adiiit, that all
fueb matters listed •ia the inform:ohm were tree.
excepting the allegation. that be the Raid Thomas
Dowley continued to be a member of the corps at
the time when the fines were Rated to have beat
incurred.'

es The fines, my Lords, are for the non-obfervanee
of certain vegetations adopted by this corps, which
has been denominated the Surrey Yeomanry, and the
Aft does not give an arbitrary dikretioa to a MAO
trate, excepting fo far as the fines apply.to a mem-
ber condemn in die corps, end.a-• tmg to fedi
regulations. The Astute by. which this exinviaion is
foppofed to be andierifed, is the 4.3 d Geo. lIL c,
let. L :4. when it fay's. Be it forthw coated, that
when a perfon enrolled, ike. Mall have negletted,
demand made for that purrofe, to pay any fun or
(urns of money to be folikribed, to difcharge the ex.
peace of the corps to eolith Jo heiress (thefts loft
words are material), then be may be fummoned be.
fore a Jolliet, and the rule may be enforced.'
44 Mr. Dowley, when fumneoned, admits that he
did not attend certain days of exercife, as Rated in
the information ; and the only matter he stiffness is,
that he was not a member of the corps. The salted
queition then before the Court is, if he were or
were not a member of the corps ? for if a member,
he mutt be fubje& to there regulations, be mut be
expofed to the fines recognized in them, and the
biagiarate has been authorized in his proceedings.
4. It will be for me to thew, that be MIS not a
member of the corps, and it will be for yea, my
Lords, to decide if the Defendant be alder any
obligations from the fucceffive laws that I doff ad-
duce before you.
4. It is agreed, that the corps was formed and
eilabliffied, and that their fervices were accepted by
his btajetty in 1798, in purfoance of an A 8 is the
34th year of the King, intituled, An Aft for *neon-
raging and difcipliaing fuch Corps as are formed
during the r i relent (that s, during the laft) War.'
" After the paffing of the 4.act Geo. 111. e. 66.
which was, an Aft to enable the King to avail him-
felf of the offers of certain Volunteer Corps, viz. in
Auguft 1803, the Surrey Yeomanry fobicribed their
names to an inftrument, wherein they (wore to be
faithful to the King. to engage in a troop of Volun-
teer Cavalry, under Captain Collingdon, to attend
certain exercifts to fit them for the profeffion of
arms, to comply with the rules annexed to the agree-
ment, and with the Aft of the 3011 aid 421 Geo.
111. To this engagement the names of the mem•
bers were affixed, and the btagiitrate Oates theft
rules, with regard to mill- ary duty, which were to
defend the Borough of Southwark, and parts adja-
cent ; and, in cafe of invalion, or imminent danger
of iiivdion, to be called out to aft in any part of
the kingdom, under the Alts of the 34th and 43d
Geo. 111. Each member was to pay three guineas to
a fond for annual expenees; he was to provide an-1
keep a horfe of a certain lire, at his own esperce,
and to procure his own uniform and accontresnen.s.
Every Volunteer going twenty miles firm home,
was to explain the cattle of his ablencr. The Ma•
giltrate found the ll:lend.int was eiirojed, that he
was a member, and was a priva:e in the colts at
the time in which the fine. were levied for con at-
tendance.

4. The off.:r of the fen ices cf the corps were re.
nosed to his M.jcily nn thk :ad of Anglia. 41103,
And, fubfequently to this date. a correfpoodence took
place between the Commanding Officer of the Yeo.
marry and the prcfcnt Defendant, wherein the former
complAins of the non.attesdance of the latter, and, its
cafe of the negled of any gentleman to fulfil his en.
gagensent for-his military duties, he &mild receive his
ddirsilLuc.
• Mr. Dowlev, in :eoly tn this letter, gated the
inipt,fl3b;!ity or is:s attendance at the time required.
A“.l Inc expeltatopon that tl.is intimation would be
coiti,'-rcd as his rtfignation.
" Tu letter Captain Collingaan replica, that

bt riled Into aftion. This Ti the lap notate, if
we e =hide chapter-96, and it lays, •no perfoo en-
rored Mould be entitled to the exemptions from the
eft:slAillied military force, and unlefs they are re•
tented as eft-dive men.' It then proceeds to require
• that the Commanding Officer shall make a return,
according to the form of the fchedule annexed, in
which the effedive and non effedive men are to be
dhlinguilhed ; and the object is, by this means, to
afcertain who thall be entitled to the exemptions ;
and that thole who are not entitled may be excluded
from the molter roll, may be deprived of all the pri-
vilec,res of Volunteers, and be fubjeded to compul-
fory fervice.
s" Chapter the 96th, Sedion the 53d, was to com-
pel thole drummers, trumpeters, and others, te-
ceiving pay, and enrolled among the Volunteers, to
adhere to that fervice; but it is worthy of remark,
that it does not at all take into its contemplation thofe
who, receiving no pay, determine to retire. I am
ufing this argument, not as at all neceltary to my
pofition, which is. that the Defendant is not a mem-
ber of the Corps, but to convince you, my Lords,
that in whatever way we confider thefe Ass, whether
immediately bearing on the point in queftion, or in
their relative circumflances, they uniformly concur
in 'hewing, that the Volunteer is entitled to with-
draw, and that there is no paflage tending, by any
conarudion that can he impofed upon it, to compel
him to continue in his military duty, excepting in
the cafe either of invafion, or of the immediate dan-
ger of it. In the Litter cafe, the Ad provides, that
all filch as belong to the corps under this immediate
danger, axe to march to any part of the kingdom
(hut this is reftrided to thufe who belong to the
corps). The motive is plain ; for, from the moment
they are not effedive men, the members become fub-
jed to the Militia, the Army of Referve, and the
Levy as 1110 Ads, and they are fuppofed to be in the
Icene of their duty under thole Ads. If it were
otherwife, a man might be required, as a Volunteer,
to be on the coati of Suffer ; or in his charader as a
militiaman, or a regular, lie might be commanded,
at the fame infiant, to be on the coati of Northum
berland ; and for not performing this phyfical impot
fibility of her ig in both fituatiuns at the fame time,
he might be flint as a deferter.
" The ground of the conviction is, that the De
fendant has not paid certain tines: the ground of the
defence is, that he is not liable to th-fe lines. becaufe
he is not a member of the corps by which they arc
impofed; and it will he fur your Lordthips to thia-
mine if, under ti.c points or tad and of law I have
had the hon.d.r to fubmit to your attention, the De.
feadant he not placed without she pale of the Itatute
on which this convidlon is founded.
The ArroassuGsarsam. rote in reply--" Not-
widdlanding all I have heard and read on the fla-
mes adverted to by my Hon. Friend, I fee no rea-
fon, my Lords, to abandon the t,pinion I hell adopt-
ed on this importans folii:er. The qoeflion has been
Rated. wit!: g. cat laial.efs and perfpieuity, and the
whole mull ne d• tst mined by the capacity or inca-
parity of the Dicndant to obtain his difcharge from
the nr:;Lary chat ader he had voluntarily affumed.—'
It has been granted 'to me by the Learned Counfel,
who is never fund of makingunneccifary conceflumb
tii:st the c .nvidi.sn muter the authority of the Magif.'
..te is. jiitiificd, if the Defeadant be not releafed
front his engagement. Before I examine the claufes
of the Ad upon which the queflion'depends. it teems
to me convenicitT, if not abfolutely neceflary. that I
fhould voeltavoar to remove from the minds of your
Lorilfhips the bias that has been attempted to be
given its two particulate. The fire refpeds the con.
it r udion attributed to the word Volunteer; the fecund
regards the breath of faith afcribed to Parliament,
fur the fuppoted impofition of certain duties on Via.
junteers which they have never engaged to perform.
~With regard to the former, it is Paid that the
fituation of a Volunteer is not compulfory ; that the
meaning of the term implies relief from all legal
obligation. This is entirely a miftake ; the word
only applies to his firft introdudion into the fervice.
In that 'loge the Alt is purely voluntary, but after
he has parted with his independence in this refped,
it is obvious he is bound by fume obligation, that he
has entered on fume duty, with refped to which
obligation and duty he has furrendered his volition.
—What are the Volunteers in the Militia or in the
Army of Referve t The term is aptly direded to
them in the firft intlance. but the term re:witer is
merely a relative term referring tolome conipulfory
duty in which they are engaged. From the moment
they enter, their fituation is changed. they have ex-
bullied their powers in the charader of Volunteers,
and with mired to them at leaf', there is no longer
any danger of its milapplieation. Every fuldier in
she reguhr is the fame at the time of his intro-

terrn4d not ennfider this anfwer as a rerignai
'the De fant then feat another later to the Corn.
esid
mandiog Oneer, informing him, that he, Thomas
Deviate, was no longer a member of the corps, and
that hilted Cent in his refignation ; when Capt. Coi-
lingdim again fignified it was not accepted.
• " jam to avow before you, my Lords, that if this
do not anraint to a refignatinit on the ',aft of the
Defendant, there are no terms under which fuch re.
lignation can be made; and if, in point of fan, it be
fn. your Lordthips Arco confider if it be fn in point of
law. The quetlion before the Cgurt is, if a Volunteer
can eelign ? and the anfwer mull be fupplied from the
nature of his engagement, as coat/rued and explained
by the exiling law with which that engagement
it
connelted.
ff Such, my Lords, are the fans, and fuch is the
fubjea, admitted to your determination; and I con-
left I (horrid, from anxiety and grief, be wholly dif-
qualified for my duty on this day, if I thought the
%argument I maintain could at all diminith the fafety
and profpsrity of this country. But when I renal
upon the date of the nation, I can fee no filch con-
fequence to be apprehended. Before the prefent
war. the condition of the Englifh people was extreme-
ly
diferent. You know, my Lords, from your pub.
lie &nation in this great capital ; from your exalted
office as Judges of the land ; that it ibnot long fence
the trial of difaifeited perfons ex poled the difeontent
wit eh prevailed ip various chilies of fociety. You
into% wry Lords, from your folenur duties in Raffia-
Merit, that, from this painful cattle, fame of the moll
Ifilutary infiitutions of Britilh liberty were fufpended.
Precitely the reverie of all this dillatisfaition has been
ethibited in thimidand. My Lords, the annals of the
univerfe will not fupply an example of national en-
thqfiatin more energetic or more honourable than
that which has been difplayed in the prefent day.
This nation of fbnpkeepers has abandoned its ob-
Score retreat' ; like ten thoufand ftreams down the
ravines of Helicon, it has poured with accelerating
jonyseteofity, and has (welled onward, like an im-
mure& wave of the ocean, which Government has
contemplated with alternate admiration andterror
med the objeit has been, with the pilots at the helm,
sot en agitate, but to moderate this torrent of pa-
eviotifio, which (sensed to threaten the very mili-
tate of what it was intended to preferve. It is to
the Isomme of the political mariners, to whom the
ward of date has been confided, in this alarming
banpekthat they have guided it in fecurity through
be Abet.
41 The expels objett of the plan adopts' by oar.
Walters, was to prevent the Volunteers from be-
coming too comer-no ; but it was not by ref/Unions,
k was not by oppreffion, that their :lumbers were to
be reduced. The great Ccuntila of the land trod"!
to dun fopport, which has been, at 211 times. fo-e
mkt-ration of every legiti:Aate G. ic:iesuent ; they
confided fa the virtue, the hormar' and the (pipit of
dse pesmle. Let us, my Lois, derive
from the fate of a neighbouring country. As long
as that exalted (mimetic of horner elided in 0
, Monarchy of Fran&, which was the prominent tea
tare in the reign of the firs Francis, the monarch.
ical Went of that eeuntry ccalir uted the feturity,
edia sinry. and the harrinefs of the French people ;
brit the moment this high fenfe of perfonal feeling
was forcibly drawn from the vitals of the Gallic Con
ilitstion, ft fell like the automatl leaf, to be for ever
'buried is the earth. On the tame principle reduce
-the Volunteers to a 'late of dcgradatiou, apply to.
-them the petty fines of the army, expofe them t the
laths the halberts, to be that by their companions,
is the fame regie.ent, and you dearoy all that is
great and eicellent in the fyflem, yno annihilate
ihofe fentienents of ham. ant honour, which coati.
tutu the belt fecto,ty, and is itfelf the brighten
jewel of the Britilh di.olem. 'touch the fyftem with
• the ibackles of hate, and as if the fpear of Lawrie'
• had ibeen waved over it, it will Tallith for ever. If
• the enemy can diforganize our commercial fyllem,
. if be can empty the houfe of induary of its inha•
• bitants, difinifs our labourers from the loom and
Sint the fields, and convert the nation into one van
reallnY tamp, he need not invade us to effeit our
elefiettairm ; •we oefirfly ourfelves, we difiipate in the
winds the (Aid foundation op which the fair, the
toperitrneture of public profperity is
ereeted. Let its then recollen, my Lords, that the
Volunteer SOUR' is calculated to give all the ad-
vantage, and to ocealinn a very (mall portion of the
detriment incident to a belligerent tire and let ns
tooth it with a tender :Ircl a delicate finger, kit the
indrorment which is c titillated to affect us with 411
the divine power armlike, kook/ impart nothing but
Omni."

[ft is.with ettreme relueance we are confirained the regulars .
to limit our ar:count of the fequel of this brilliant ad- dalinn, and there is nothing in this word which vi
drat, to the Court ; but we acknowledge that we have trro;O:i can imply future liberty. lam willing to ad-
the lefs uneafinefs in abridging the argumentative mit, that a confiderrble portion of liberty is retained
part of it, founded on the principles of legal infli. by the mo,:ern Volunteer which is not refereed by
tution. hecaufe of the detail we have given of the the regular forces, but the term taken in its tribal
fill application made to the Court on this quellion, acceptation, as applied to a military charadter, would
by Mr. Eastern,. On the prelim oceafion, be en- infer, rather the forvender than the prefervation of
tered much at large into the Statute of the 42c1 Geo. our liberty of volition. It appears to me very ex.
111. c. 66. in c. 96, in :he Ilicceeding year ; and l,c traordinary, that the semesters of my Learned Friend
dwelt at e.nf.derable . ngth on the espreilion in throat] have permitted him tofall into that confufion
t! to Al, 6' fu long as lie !hal btlono• 'bad, which refults from blending the original motive with
Corps s" from uhich he argued, tart prefent the obligation ..o pet form the duty to which that mo-
Defenslero not 'beiu; a memb.:r rf e,r s.:osys, he tise his condueled the agent.
could in no way he inv.:ewes! tits lcr t'tat Alt. tench fur the tnere confideration of the
espied the alifurdity of es:ending the ••petatica of term. 'lien it is raid, 'if the power of refignation
laws over Ole natural relations of ma Ilt•n '.) 1,4,t -.,rt.r57,1. Parliament hiss COMITIi•ted a grnfs
.4 WI Parliament, or w:11 yon, who teach us the viol.t.:or. of railic faith.' Your Lnrdfhips will panic
;morn' of the llatutes of the land. draw a legal in- before you will admit of fuch a charge againtt the
tie ichment round the Voltint.:crs, not to secure integrity of the Biitifh Legillature, and you will be
them from the enemy. but to exclude them from the inclined to think, rather than attribute filch a (Logi-
natural rights of men in fociety ? If the Councils hi tioutincntion to our public Councils,that there might
the N.,tion were to do this, it would not be an :at be It.mt.thing which authotifed this conduct that
which would defuse cenfur-, it would nut escitc hat: cleared your attention. Certain it i.,
nor indignatior, would only atts comp At. th.,e v.:lwitccri entered n engagements. the
Olen fisr it wool he an aft of intanity, which would Itil.:ll:h.rit of which may corrill4 be called a• duty ;
acp ive it of all tile nature auk of all the qualities it a:•1 cci lain it k, that Parliament lias converted this
critoe. 0,0.4 uLli;ation, which all tidgi t have forreindcresl
It feems to me not Iris abfortl than beitiors w*:l. impunity, hitt• a p duty rentii.cd be tic
if we could ft.:ipole the 0-, 4:o• con.i..tcd ith loch laws, wh'sli I twit ro man can itiiiinge ss
ish imp'r-
rocafures, to en Vhltulteeis sip to the tc.tai I silty. The Sen-stc lois, in lonic .!•:-10:, r• d the
in parchment t the tiatu,,,, 111 an incum'orance na,ute • t the contra:l, hut it 1:1. Ir, w 1011
filliCjell ly OnC:(.1.1, 1..:4111 11,.; le VOIIInICC, new room., re!, ::,a
and would be anoaig i!:e lead Juno; via% mire i/ICC ot hft A!.'„ !,.,111
of ths cowl,. 11,t Tl.y i• • .:IVieltd Itheer tietill. !. t;,em 1,,, ,
434:1,Gri, c (r.: and it horn:, by rc..4lin: 1••• m ":5 1a ks in A.%
which was. that the - 11.1, 11'1.1 11,c cC.
=liar y and V,l6nteer C-riumigLt, under autLotity, 4141: of the Les; Lats.:,

vai!

•
own eonflitution, to tupply the deficieseits of thi
Gentleman, who is fo folicitous to retire how "Isi4
public engagement. Your Lordthips will, stcpfell,
that you are not fitting in judgment on the Al.:mate.
bat on his client ; and the conJua of this Dein-leant
will fusel fome reafon to your minds why Pa: ia-
ment has conidered humus nature with all its frail-
, tics. and has thought it right to isupoce on thefe Vo•
lunteers fume legal obligation."
At four o'clock Mr. tasettts rote tq make his re-
joinder, when the Loan CHISF Jusuct interpcfed,
to defer the further difeuffinn to s future day.

Is mudded to eall oat ail his ruble& between the
ages of ty and 55, excepting the Volunteers, who
have the privilege of exclofion, Who are permitted
to ferve with the men, and with the Officers to whom
they are accutlomed, and under the regulations to
which they have voluntarily fubmitted. They are
not, therefore,,to be thrown among a promiicuous
rabble, and to be expofed in the hour of battle to
the perils which mull be confequent on fuch a lima.
lion. If this be a breach of faith in Parliament with
refpeft to the Volunteers, it has this angular effea,
not ufttal in examples of violation of public duty, to
provide for the comfort and fecur ity of thole towards
whom it is committed.
6. By the 4ad of the King, c. 66. f. io. every corps
of Yeomanry or Volunteer Infantry which (hall be
called out into anion in the cafe of invalion, and
who (ball voluntarily march or a ffemble to meet the
enemy, (hall be entitled to receive pay, but they ale
to be•fobjeft to military diicipline, to be tiicd by
Coutes Martial. But 'order c. tar, which by been
adverted to, the word voluntary, as it applies to the
Yeomanry and Infant.), named, is left out ; and I
mention this at prefent merely to (hew, that the
condition of fictions in the corps is altered by that
Aft, and was intended to be fo altered by Parliament.
A great deal of mittake has originated front another
fource of confufion, which is, that in contidering this
fubjea, my Learned Friend has not attended to the
circumflance of the ekiftence of two contras ; the
one, between the Volunteers with rcfpea to each
other, and the other between the Volunteers and
the King, with refpeet to the public fervice. It is
by this left, that they are bound under the Rotates,
and have no power of relignation. The ratter Aps
'are the only ones which apply to reflria this libcity.
To under hand this more cortealy, let us attend to
the different elaffes of Volunteers, of which there
are four diflinaions: thole under the Aft of the
4ad of the King, and thofe under the fubfequent Aas
which are again feparated into fuch as have affented
to go to any part of the kingdom in cafe of invafion,
and others who have limited their fervices to their
own immediate neighbourhood. Ido not fuppofe
it will be contended, that the engagement of thefe
perfons is a nudunt !adorn, for here the Volunteer
receives a confideration ; he is exempted from•
inconvenient duties, and Government, by the ferviee
of the Volunteer, is not tinder the necerfity of I-c-
-harting to dangerous and oppretfive meafures.—
This is a confederation, and fuck may be conceived
that wi.kh is received by the prefent Defendant.—
He comes under the clefs of thofe who have offered
to match to meet the enemy in the event of brae-
(son ; for imh ate the offers, and fuch is the con-
trail of his Corps. If then he engages to ferve un-
der the remote contingency of an itivafion, and re-
ceives
loch confideration for his Aim. to this duty,
can it be argued, that before the contingency hap•
pens, he (hall be permitted to withdraw, sod tender
his central nugatory ? Has furl law been applied
in this Court to any other contrail, and can it be
for a moment follained before your Lordllips ? If
I am corral in this obiervation, the quellion de
pends not on thefe particular Aas, but nn Tome of
the mill clear and acknowledged maxims of law,
and principles of reaCon; but it is leen, that the
Parliament has not choler.' in its wifdom to leave
thefe matters to public difraillions and private ho-
nour. My Learned Friend firs, in the ardour of
his feelings, that a man is bound in honour, when
his country is in danger, to defend it, and that this
obligation is more powerful than all the provilions•
of the Statute book. This is fomething of that
vague and rampant principle by which Henry the
Filth is reprelented to hare offered a park of Soo
pieces to the man who could defert his Randall...A-
But States are not to be governed by there dreams
of his poetic fancy, nr by there impreffions of the
juvenile hero. The Parliament, in its fibriety and
willom, has thought tight to fubtlitute (=eating
folid and permanent for there vagrant feelings, that
the feral tity of the country might be ellablithed on a
more fuhllantiel baits.
Another error of my Learned Friend is, that he
has not carefully afcertained the ditlinflion„ in the
Aas of Parliament, between thole which are called
effative, and non-ervaive, members of the corps.
The nomeffeaive men are hill members of the corps,
and are liable to be called not into anion ,stun °tea-
lion requires. It is tine, that the elernptirns do not
apply to them, and if they are called to fcrvc in the
other forces of the kingdom, they cannot at the fame
time retain their dweller as Volunteers. Bat when
my Learned Friend reprefented that the train of tea.
inning I have adopted, would expof: a man to be
rant for a phylical imprallbility, he, for a moment,
forgot a principle of Britith law he has recognised a
thoufand times, and which will never be abandoned
in a Court of Britith judicature.
r. I mutt now complain, not of my Learned Friend,
hot of his client, who has circulated a p orphlet e.sn-
neacd with the prefent quellion, which may tend to
millead all the Volunteers of the country. Evers.
qui:llion of this kind is not of a general nature ; it
will commonly Rand on its own particular and indi
vidual merits, and the tendency of the circulation of
loch an opinion, as operative on all Volunteer lnai-
tutions, is grofdy to millead tla: public, and to pro-
.
m-te general diforder."
[The ATTOKNI.Y GrCLaAI theft encore! inns
an caatnination of all the antler i.l the ditTertnt
Afts to which the o's'ervotii trs of his 1,,,,i0td
Opponent had been atylift.t, and t.. t'.e 3.01)
of the King, chap. 31 fee. 3. or. vI. th lot ',acre,
tion had been made. from the view ul al: th.: c, ht
drew this conclunon : That it via, not the
power of the prefent D.:Liana to rihtain dil
charge, but he vas Vla:lCci C c krVICC bs
his own contra.% and liy the Ila•lite t. 1:1. it n. t
the preceding ones; c•.l:ii r; the I. vied
under the authority the ;11;;.!..tte, s.ti:
the power with which be 'ant Cr.
and that the objeft of the pteteet applica.;no :UP
be difappnintcd.l
6. My learned rtiCrti (Conltnnt..l Arr.-s,‘
GLNERAL) t liked iif t.ic di. e f:, r. t•• t 7, V•i•
loweers a old I k, uh.ll Ilse i
aid he tii•rinyl•ain.y
lai.) :* in.c at the tummy.'
d• or of

MTH&
Hu Sunday lalt, is Pottmansfguare, the Lady of John Hamby
Efii of a daughter.
In Albemarle-Area, lady Elizabeth Halliday, of a daughter. ,
lad week, at bis Mule at Dan-y-rark. Moultaouthfbige, tbd
L. 8.7 of hslward Imre, Efq. ula daughter.

*MARRIED.
On Tuefilay, the gilt January. Captain ARon ChapEn, Royal
Bucks Militia, to Mira Us. Carrlngtou Nina, Of
ttG a.
On Tueftlay lA, at St. James's Church. Sir Ofwald Morley,
But. of Kolkilone tioufeln the county of St affora, to Sophia
Every, feeottA daughter of the Lite Sir Edward Every, Ba
rt. an
finer to the prefent Sir Hilary Every, Bart. of Eggingtou Houle.
ID the county of Derby.
In Ataletworth.ltrect. Dublin, the Rev. John Vann, of Caw&
Wane', county Monaghan, toMlft Duplex.

Trefday. at his book, in Norfolk-Brett, Ms. Ootohed. Mom.
ney at Law, Recorder of Bixiford.
Monderrat, or the toth ult. Dominic James Trani, Efit,
aged 29 years. after a Quirt Wads of three Jays.
On die nth A ugult, at Banal, Captain Janes Reddy, cotntonsi;
der of the fhip
Saturday fenuiglit, Mr. lraioln Dat.lel. One of the Building
Surveyors of &idol. He was on the cachrtig.. at one o'clock.
and appeared ha good health. About half an hour afterwards.
going abeg Callleareet, he fell down, and on being taken into
neighbouring houfe, he expired immediately.
On the 'WI ult. on board the Auguftur Carer. on his yrafrage
to Jamaica, Andrew Mitne, Erg. merchant, late of Thavles

HIGH WATER AT LONDON BRIDGE 10-MORROW.
Morning •••• • • • a minutes after 6
Afternoon

RHEUMATISMS, PALSIES, and GOUTY
ATP' crioNs, with their ukt.ll concomitant., Spain, or
Eying Pains, Flatulerci, Indijettion, and geueral DchilPy (nrigi.
nating in whatever holm.) arc relkved and frequently cured 14
WHITEHEAD'. Mice of Nltiftnrd Pills, afar every aka.
mots had failed.
The Fluid Etienne et Muftard (tired wizh the Pills, In thorn
complaints where uccdfary) is psrhaps the moll salve, peuesral.
ing, and dreetual remedy in the world. curing the ftrucft
SPRAINS AND BRUISES,

is; r:y p•C:ntc
turrud, • II,:
t!,i•

rittr,l c ct nJefrct.‘l,
an frCC liiIPII IS 61 linlc 1111f0; It•I: •
.t cry wh“, i.tr 2
ttf th 4

c .~~•. ~.

—.—
in kin than half the time vitally titan hr opokidoe, Artme.
Wade, nr any othrr liniment or Embrocation; and if ufed Ma.
mediate!, after any accident, it prevents the part turning black.
The Winds naturally atiling frona the drft ufe ache MUSKET.
it immediately removes.
It is prepared and fold at as. yd. cads boa or bottle, by B. lobo.
don, Apothecary. No. 15, Greek-Area, Soho, Landon, and may
be bad of every Medic:nu Vender in Great Britain and IreUnd.

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