Star.
London, England, 1820-11-23 00:00:00

NAVAL LW ELLIGENCE.

FALMOUTH, Novexasa 20.—Wind S.W.—Arrived the Martha,
Lt NT, from Virginia; Amphitrite, Maas. from London for
Jamaica • and Speedy, Asmazw, from London for Gibraltar.—
The Blucher packet, arrived yesterday from America, fell in on
the 13th inst. in lat. 50.7. long. 27. 7. with the schooner Plover,
from Newfoundland for Liverpool, water-logged : she upset in
a squall on the 24th of October. The Captain, Mate, and two
men, were drowned; the remaining three men have arrived
here in the packet. Mr. Snow, Midshipman of his Majesty's
ship Tawas, has come home in the packet. The whole of the
Officers of the Tames, including Captain Scow (Mr. STOW'S
father), had died, excepting himself eighty men had also died.
The ship, in consequence, had been obliged to proceed for Hali-
fax, under the command of her third Lieutenant, who had
been promoted front the Erne:ate&
Pt.vmourn, Nov. 20.—Wind S.—Passed up Channel, the
Fame, —, nom Prince Edward's Island for London.
PORTSMOUTH, Nov. 22.—Araved the Royal Sovereign, Salem,
(Pony Quebec. Put back the Melpomene, Warr.—Wind S.S.E.
DEAL, Nov. 29.—Wind S.—Came down from the River and
remain, the Echo, JOHNSON, for Antigua ; Elizabeth, Placer ;
and begat., Goonsra.s, for Jamaica; Allies, KITSON, for Barce-
lona and Buenos Ayres; and the Osprey, Muceeestmon, for
Smyrna.
Ilaawscn, Novenae", 22.—Arrived the Leicester packet,
with a Mail from Holland. Sailed the Beaufoy ditto, for Cux-
haven; and Prince of Orange ditto, for Holt od—with Mails.
RAMSGATE, NOVRMILN 22.—Arrived the Liberty, WlLsox,
from London for Lisbon, with loss of an anchor and cable.
Yalvocru, Novestua 22.—The Peace, BALUCHI, is off the
Scroby, but makes much water.
Liveasoot., Nov. 21.—Arrived the Clyde, HAMILTON, from
Demerara, at this port in 35 days; the Briley on Saturday,
from Pernambuco. On the 14th instant picked up the Master,
two men, and one boy, belonging to the sloop Heart of OA, of
Baltimore (Ireland). She had foundered off Waterford on the
13th instant, in a heavy gale from the East, loaded with a cargo
of wheat and flour for this port . thirty miles to the southward
of the Smalls, spoke the Retrieve, hence for Brazil, wind N.E.
Arrived the Higbheld, EILLLASIT, from Paraiba; sailed on
the 27th Srptembrr. The Lucy, Mircueer,- was to sail irteight
days for this port. The Friendship, SHAW, from Pernambuco,
was in the river. The brig Ann, from London, was off the
river, laying to for orders. On the 7th instant, in lat. 48. 4.
long. 16.50. spoke the John Howard, from Quebec for Lon-
don. On the 18th, off Tuskar, spoke the brig Diana, from Prince
Edward's Island for Dumfries.
CHATHAM' Nov. 19.—The HASTINGS could not be put out of
Dock the last spring tides, although three different attempts
were made, there not being sufficient water. The SURINAM,
sloop, and Badger, revenue cutter, are intended to succeed her.
The Some, sloop, commanded by Sir WILLIAM S. WISSMAN,
will be paid off to-morrow.
Coax, Novenae& 17.—Arrived the Volunteer, of 88 tons,
HAWN of New York, laden with tobacco—prize to his Ma-
jesty's ;hip Doreen..
Cusrox-House, Nov. 22.—Ships Entered Inwards:—The
Resolution, from Ramsgate; Swift, from Harlingen; Success,
from Waterford; Magnet, from Limerick; Unity, from Dub-
lin; Dove, from Weymouth; Fame, from Liverpool; Decide,
from Caen; Papillon, from ditto ; Active, from Cork ; St.
Pierre, from Caen; Surprize, from Waterford; Latona, from
Riga; Arab, from Virginia; Teaser, from Rotterdam; Sarah,
front Liverpool; Iris, from ditto; New Union, from Calais;
Merchants Friend, from Lisbon; Lovely, from Dublin; Essex,
from Bourdeaux ; John Barry, from Bengal; St. Helena, from
Bilboa ; Roscoe, from Jamaica; Alexandrine, from Rouen:
and Harriet, from Oporto.—Cleared Outwards: The Robert,
for ilamburgh ; Arundel, for Grenada; Lady Holland, for Ja-
maica ; Two Sisters, for Dublin ; Neptune, for Rotterdam ; and
Lavinia, for Cork.
At:Avert—Az Dalaro, the Edward, Sutton, from Hull. At
Swinemunde, Vrow 3largaretta, Weewar; and Dankbarkeit,
Kaeding, from London. At Halifax, Glatton, Henry; King-
ston, Binny ; Royal Charlotte, Ford; and Dawn, Elsworthy,
from London; Lucretia, Woodward; Irene, Smith; Manches-
ter, Hutchins; and Hannah, Irvine, from Liverpool; Dorothy,
Cook, from Newcastle; Two Friends, Rutherford, from Bris.
tol; Mary Ann, Young, from Fayal; Vertumnus, Stonehonse,
from St. Andrew's; and Thomas, Borthwick, from Quebec—r
both leaky.
IMPONTANT TO MAILMISS.—The Island of Guernley has now
changed its appearance from the sea. The tower erected by the
States, in honour of General Sir Jonw Dort.", which fell down
in 1818, is now rebuilt upon the high S. S.W. point of Guern-
sey. This column is 100 feet elevated ;above its foundation,
and 500 feet perpendicular from the sea. Ships falling in
with Guernsey front a N.W. direction, will see only part of
this tower ' • but when Guernsey bears from E.N.E.N.E.to N. and
the new church steeple Of Torteval, on the W. S.W. the high
ground of Guernsey will appear very lofty, so that mariners will
never be deceived, as has been the case often, by taking Guern-
sey for the Land's End or Scilly Islands. DorLes column may
be discovered seven or eight leagues at sea in all directions ; but
particularly from the 8. and S.W. and W.S.W. This column
and Torteval steeple bears nearly E. and W. parallel with the
south coast of Guernsey, the distance about four miles. A new
church has been built on the island of Sark, and stands two-
thirds the distance from the south part of that island to the N.
most conspicuous When Sark bears from N. and N.W. This
church has no spire, but a small tower on its western extremity.

It is said, that for some days past active prepara-
tions have been making at the ports of Portsmouth
and Plymouth ; and it is confidently asserted, that
two line-of-battle ships and sir frigates are intended
for the Mediterranean, and one line-of-battle ship
and three frigates for the coast of Portugal.
An Algerine squadron of two frigates, a galley,
and an armed . polacca, has appeared at Tangiers,
with nine merchant-vessels ; among which was a
Spanish trader, and a number of European slaves.
The Spanish Government has sent for the coast of
Africa, a ship of 74 guns, and a frigate of S 6 guns.
Four ships of war, and five transports, have sailed
from Cadiz: their destination is California.

Another instance of the comfoits which await those
whom the desire of .. seeing the world" has induced'
to roam, has lately occurred, in an unceremonious i
visit made by some plundering Arabs on a young
English Baronet, his servant, and attendant janizary,
on their way to the Holy Land. Sir F. HENNIKER
was lately attacked by a detached banditti, near Je-
richo, his baggage captured, his suite maltreated,
and the adventurous Baronet himself stretched upon
the plain from the blow of a sabre. He has had the
good fortune, however, to recover both his health and
property; the latter, on applying to the Authorities,
and making, at the suggestion of the Chieftain) " a
handsome present" in return.
At the breaking up of a tavern dinner party, two
of the company fill down stairs, the one tumbling
to the first landing-place, the other rolling to the
bottom. It %VHS observed the first seemed dead drunk.
" Yes," said a wag, " but he's not so far gone as the
zenticcuan below!"

iiyi

VICE.CHANCELLORB COURT, NOVEMBER es.
THE EARL OF IMAFEZERURT v. 'tai DUKE OF MARL..

BOROUGH.
This case, which stood over from last Wednesday,
in order to give the Counsel on both sides time to
obtain additional information, came on this morning,
when it was agreed that the Duke of Marlborough
should' bring an ejectment for the recovery of the 18
acres in dispute, Lord Churchill acknowledging him-
self in possession, and setting up no plea in bar of
the ejectment, except his title to the eighteen acres
under the will of the late Duke.
COURT OF ICING'S BENCH, NOVEMBER 22.
THE KING W. SIR k RANCIS BURDETT.
Mr. BLACKBURNE resumed his argument in this
case, and, atter remarking upon the observations 'f
the Counsel on the other side, he contended that evi-
dence ought to have been admitted which the Learned
Judge had refused—namely, to shew the innocence
of the writer's motive; and concluded by observing,
that many passages received from the Judge an un-
just and severe construction.
Mr. Justice BEST—" It is quite impossible that
any remarks of yours can offend me."
Mr. BLACKBURNE—" I should be extremely sorry
to offend your Lordship ; but I have a duty to per-
form, and I must endeavour to discharge it."
Mr. EVANS followed on the same side. He said
that he should, in the first instance, take it for granted
that an offence must be tried in the county where it
was committed; and if it had been committed partly
in two counties, it could not, without an Act of Par-
liament, be triedin either. And in the second place,
he should contend, that if writing were an offence at
all, it was a separate and distinct offence from publi-
cation ; and, in support of this latter position, the
Learned Counsel cited two cases—the first from the
Year's Book, and the other from Roll's Abridgment,
and he cited also a few additional cases, in support
of this position, to those already mentioned by the
Counsel on the same side. The act of publication
was necessary, to constitute the crime of libel ; and
the mere putting of a letter in a past-office, did not
amount to publication. To publish wts to notify to
the world, to divulgate ; and though the sending of
a challenge was a criminal offence, yet that pro-
ceeded upon a very different principle.
Mr. Justice EAYLET—" In criminal cases, the
sending of the letter can affect the party, but not in
civil cases, because it cannot prejudice him in the es-
timation of any other person."
Mr. Evasts then proceeded to shew, by a variety
of citations, that in all cases where there was not evi-
dence of the crime, the crime itself must not be pre-
,umed ; and then proceeded to remark upon the
Judge's refusing evidence as to the innocent inten-
tion of the writer of the libel. This mode cf prcceed-
ing was, in fact, filing a bill of discovery in a crimi-
nal action. The Government had filed an indict.
meet in Leicestershire, as it would now appear, for
the purpose of ascertaining from the defendant's own
mouth where he had committed the offence, if not in
Leicestershire. If such a confession were suffered to
be extorted in this way, the Attorney-General would
then be able to bring in an indictment for an offence
avowedly committed in the county of Middlesex by
Sir Francis Burdett. He confessed he was particu-
larly anxious as to the result of this momentous
case; he felt the persons engaged in it would all-more
or less go down to posterity justified or stigmatized
by the nature of the decision given in this case. He
was satified that, from the patient and attenti -e man•
ner in which their Lordships had listened to the ar-
gument, they would equally satisfactorily discharge
their duty by the decision they were about to give
in the case.

. Mr. SCARLETT addressed a few observations to the
Court on the case of the seven Bishops, as it had been
endeavoured to be applied to the present case.
The LORD CHIEF JUSTICE—" The case now before
the Court has occupied a considerable time in argu-
ment, and references have been made on either side
to a great many authorities. I should wish certainly
to have some time to consider the applicability of
those cases by a personal reference to the authorities
cited; and I should be the more desirous to have this
opportunity, in order that there might be no opening
left to any description of persons to infer that we had
come to a decision on the subject without due and
sufficient deliberation. Whatever may be the opi-
nions of others, I am rather at a loss to see the grounds
on which a new trial can be granted, according to
the state of the law as it now stands." •

Mr. Justice BAYLEY said, that in looking at the ob-
servations
which had been made by the Learned
Judge on the trial of this case, he felt it a duty im-
posed on him to say that he should have gone along
with that Learned Judge, had he presided at the trial.
He would add, that he believed the Judges of the
land, however, would one and all wish that the time
should never arrive when it would no longer be per-
mitted to Counsel to comment on or discuss the pro-
priety of the sentence they might pronounce, or the
opinions they entertained. Fearless of any animosity,
or other consequences arising from the avowal of his
sentiments, the Learned Judge had done that upon
the trial which he conceived to be his duty to do;
and he (Justice Bayley) had no hesitation in saying,
that he should have made almost the same observa-
tions, in the same situation, were he possessed of the
same talent.
Mr. Justice BssT said, that although the question
before the Court had is some degree been connected
with the Liberty of the Press, he could not help ex-
pressing himself extremely sorry to have heard the
language which had been adopted in the course of
argument this day.
Mr. BLACRBURNI rose and said, if the allusion was
meant to be applied to him by the Learned Judge,
he was perfectly unconscious of having said anything
that could have called forth the observation made
by the Learned Judge. If the remarks he had made
could be considered to have any injurious tendency,
he must then say he was heartily sorry for it; but he
had hoped he was the last man likely to have made
use of arguments of any such tendency.
The judgment was accordingly deferred.
TUE KING, AT TILE SUIT OF TILE MAGISTRATES or

MANCHESTER V. THOMAS CHA PIMA N.

Mr. ScAncarr moved the judgment of the Court
on the defendant, who had been tried before Mr.
Justice PARKE., at Lancaster, and found guilty of
publishing a libel of and concerning the adniiiiiara-

r b,, • . . .
on of justice at Manchester, and reflecting, on the
conduct of the Magistrates there. The libel was
published i:1 The Mane4e:ter Obseriver, and consisted
of observations on a trial which took place at the
Quarter Sessions ar Manchester.

• Several affidavits were put in and read on the
part of the defendant. His own affidavit stated, that
he had lent the former Proprietor and Editor of the
Paper 1.:1CO3 for which as a security, the said Pro-
prietor, Mark Wardell, transferred to the defendant's
name the property in the said Paper, but that in fact
he was only a mortgaee on it, the said Wardell
continuing to act as F. ; and that he had no
knowledge of the publication of the libel in ques-
tion, till he was waited on by the agent for the pro-
secution to know the -name of the writer, which he
afterwards offered to rive up on condition that the
prosecution against 'himself should he suspended.
The affidavit further stated, that defendant had been
put to great expense in attending this Court in Eas-
ter Term to receive judgment, and had been confined
since June last in Lancaster Castle, and treated with
great severity there.
Mr. HOLT addressed the Court in Mitigation of
punishment. He dwelt upon the fact stated in the
defendant's affidavit, that he was ignorant of the
publication of the libel, being only nominally the
Proptietor .of the Paper in which it was published.
He reminded their Lordships that they had always
distinguished between the case of political writer;
wbo wilfully and knowingly offend, and those persons
who, by construction of law, were rendered liable.
_ _ _

Mr. S CARLETT addressed the Court in aggrava,
tion of punishment, and insisted principally on the
defendant having gone down to trial, where he was
defended by Learned Counsel, yet at the timelo-
thing was said about his being only the mortgagee,
and not the Proprietor of the Paper in which the
libel was published.
The defendant then offered to address the Court.

The LORD CHIEF JUSTICE said, the Court wotila
hear him, though it was irregular.
Mr. Chapman spoke with great feeling and energyt
If it were not he said, that he did his duty at Man-
chester as became a free Englishman, a fair trades-
man, and a parishioner, as he should always endea-
vour to do, the Magistrates of that town, whose cha'
ratter he need not describe, would riot, he was per-
suaded, have ever instituted the present prosecution
against him. But if the imprisonment which the
Court might inflict should not put an end to his life,
he should not fail to struggle for revenge against
those persecutors who had commenced this prosecu-
tion against him, because he would not subscribe to
their insolent dominion, who had pursued him with
unrelenting virulence for years, as he could prove
by the affidavits of some of the most respectable in-
habitants of Manchester. Through those persecutors,
he and his family had been reduced from compara-
tive affluence to absolute distress ; and he called
upon their Lordships, as Christians, as honest men,
as free Englishmen, not to consign a fellow-subject
to complete destruction, whose only offence was to
feel for his countrymen, and to reprobate those
through whose tyranny and injustice they were ren-
dered miserable. He appealed to their Lordships
for protection against his persecutors. Those per-
secutors had already done him quite enough' of in-
jury to satisfy the most vindictive spirit. Through
the order of the Manchester Magistrates alone, he
had reason to believe, he was so grossly ill-treated in
Lancaster gaol; but he could have shewn much
more of ill-treatment in his affidavits, if he had not
been called upon to curtail those affidavits according
to the rule of that Court.

The LORD CHIEF JusncE.-04 You have put in
affidavits, and stated what you chose. It was pro•
bably matter of discretion in omitting what you now
•
state."

Mr. Justice BAYLEYe--" We can only act on the
affidavit as it is before us."

The defendant said he might just as well have
been brought up last Term, as have been incarcerated
for five months as he had been.

Mr. Justice I3AYLEY, in passing sentence, observed,
that if the defendant, when applied to, had given up
the name of the author without attempting to make
conditions, he would probably not have been pro-
ceeded against.
The defendant sheaved a disposition again to ad-
dress the Court.

The LORD CHIEF JUSTICE.—" You have already
imposed a difficult task upon the Court—to forget
what you have just said. Do not increase that diffi-
culty by saying anything more."
Mr. Justice BAYI,EY then said, the Court taking
into its consideration all the circumstances, sentenced
him to be imprisoned in the House of Correction,
Cold Bath-fields, for two months, and then to find
sureties for his good behaviour for three years, him-
self in £lOO, and two sureties in £lO each.

The recognizances of Mr. Chapman himself
then taken, and he left the Court with a tipstafF.

Thursday, the 16th inst. having terminated M-4
SWANN'S confinement, who is one of the Repraenta.
tives for the Borough of Penrhyn,, at twelve o'clock
the bells rang out a merry peal, bands of music pa-
raded the town for the remainder of the day, fire.
works were exhibited, and his health repeatedly
drank with heartfelt satisfaction.
A letter from Berlin, dated November 7, says
" The following circumstance may easily lead to
various misrepresentations t—On the 18th olOctobcr,
two inhabitants of this city, one of them formerly
Manager of a Theatre, :he other a Citizen, informed
the Police that a certain publican, named Schulze,
had plotted to murder several persons cf distinctior,
and had for this purpose procured two daggers, and
also a dose of poison for himself, in case he should be
arrested ; that he kept the daggers and the poison in
a chest of drawers, which was particularly described.
Though the Police had not much confidence in the
two informers, it, however, should not disregard such
,a positive assertion. The house of Schulze was exa-
mined, and the articles found as described, as well as
eleven ball cartridges. As Schulze could give no
sufficient reason for having these things in his posses-
sion, and contradicted hitm.elf in his examination ; and
as it was also known that he used inconsiderate lan-
guage, he Was put into confinement. The two in-
formers also, who were found to have evaded an
arrest to which they had been condemned, were de-
tained. There has been no further examination, not
any other persons arrested."

t

•

CORONER'S INQUEST.

•
The adjourned Inquest on Ann canting, who died.
the day after the premature delivery of a child at the
Mary-.a-bonne Infirmary, sat again last night at the
Buffalo's Head, the body having been opened to
ascertain whether death was occasioned by a severe
fl ,gging administered by Captain D—e, her mas-
ter, or from any other cause? The Midwife at the
lklary-la-bonne Infirmary, proved that the child had
been dead a fortnight, but not. from disease—that
the mother was much bruised and complained of the
pains. The Hospital Apothecary attributed death to
erpipelas, which would be aggravated by labour.—
The marks on the body were livid, but did not re-
quire medical aid. Coates, the Officer at Marlbo-
row,h-street, proved that Captain D—e was held in
sureties for the flogging the week before last. The
Jury returned a verdict—Died of disease.