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The Correspondent

16/11/1812

Printer / Publisher: Dowling 
Volume Number:     Issue Number: 1971
No Pages: 4
 
 
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The Correspondent

Date of Article: 16/11/1812
Printer / Publisher: Dowling 
Address: 11, Fleet-street, Dublin
Volume Number:     Issue Number: 1971
No Pages: 4
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• Nu, (' 71 DUBLIN, MONDAY, NOVEMBER 16, 1812 PRICE FIVE. PENCE. . wv. & \ t • if GENERAL ELECTION. To the Gentlemen, Clergy, and Freeholders of the county of Gelway, , GEnTlEMen, ACCEpT my most sincere and grateful acknow- ledgments for the high and distinguished honour you have conferred upon me by electing me one of your Representatives in Parliament, and by placing me at the head of the' Poll, with the triumphant and unprecedented majority of two thousand two hundred and fourteen votes over either of the other Candidates. This testimony of your partiality is the more gratifying to my feelings, as it is given with that generous confidence which should al- ways form the constitutional connection between the Con- stituent Body :. nd the/ r Representatives, I will endeavour, by my general conduct in Parliament, and by my parti- cular attention to your interests, to prove myself not un- worthy of the high trust you have reposed in me. With sentiments consistent with the magnitude of the obligation conferred on me, t have the honour to subcribe ray self, Your lunch obliged and Sincerely attached Humble Servant, JAMES DALY. Dunsandle, Nov. 12, 1812. ' io the Independent Electors of the County of Tipperary. THE Junction has one more triumphed ; yet glory has attended our defeat. To you I return my heartfelt thanks. The cause of Independence has been blended with acts of friendship. The result has proved Our selective Franchise cannot be assailed with| impu- iv— and my gratitude must be forever due.— The proud spirit which has manifested itself in the course of the late long and arduous struggle cannot fail, on the recurrence of en election, rescue this great County for ever from the chains Otir enemies would forge for its subjection. Upon a review of the general State of the Poll, it will be found that 6* 61 Freeholders have voted, of which num- ber 2831 are on my side— and of which 2118 have come forward singly for me— thereby renonncing, from a sense of the injustice of the. coalition formed against me, their privilege of tendering thcia second voices: and if the re- sidue, 3440. should he divided beiween my Opponents, there cannot be a doubt that to the Junction alone is their majority attributable. Again accept my thanks, and believe me to be ever, Your obliged. And faithful servant, JOHN BAGWELL. Marlfield, Nov. 13, 1812. To the Gentlemen, Clergy and Independent Free, holders of the county " of Fermanagh. GENTLEmEn, ACCepT ny warmest thanks— The honoura- ble manner in which I have been now, a fourth time, elected yonr Representative has made an impression on my heart, never to bJ effaced, and ( if possible) binds ine more than ever to your service. Gentlemen, With the highest respect. And greatest esteem, I have the honour to remain Your faithful and , Obedient servant, MERVYN ARCHDALL. Enniskillen, November 16th, 1812. 19 To the ElEctors of the county of Fermanagh. GENTLEMEN, THE Friends and Family of Lieutenant Ge. neral Cole, in his name, and for themselves, beg leave to offer you the expression of their thanks, for the very distinguished manuer in which you have elected him one of your Representatives in Parliament j and they assure yon, that the honour you have now conferred is too highly valued by Lieutenant General Cole, and his Fan ly, to be ever relinquished, till you shall have de- cidedly and markedly evinced, that, you have changed your disposition towards them, and withdrawn your con- fidence: MORAN'S HOTEL, SACKVILLE- STREET. UNDER sensations of the warmest gratitude for the very marked preference he has met with since his commencement in business, Thomas Moran begs leave to acquaint the Nobility and Gentry, that, in addition to his Hotel, he has taken the extensive Concerns of Mr. Arm- strong, next door,., that will enable him to accommodate his Friends with suites of Apartments for Families, and every other necessjjry requisite, which, along with hit own personal attention, and moderate charges, he flatters him- self will promise him a con inuanee of that patronage and support he has so long experienced, N. H. Families and single Gentlemen, upon trial, will find such accommodation as, the Proprietor ( Moran) hopes, will meet with general satisfaction. For the further con- venience of single Gentlemen, there is a Coffee- room for Breakfasts and Dinners, where they will have tile Morn- COUNTY OF DUBLIN GRAND JURY. THE Resolutions of the Grand Jury of the County of Dublin, of Michaelmas Term, 1812. RESOLVED— That within the period of the last five years, we have observed several appeals to the Crown and Parliament, from our Catholic fellow subjects, praying relief from disqualifications which still remained unre- pealed. That we have seen without regret the past concessions which have bren made to the Catholics— nor should we now object. to the further extension of any such privileges, as . can he clearly proved to be perfectly consistent with the ; spirit and principles of tlx* british Constitution, That . we ' have with regret beheld claims of the Catholics advanc- : ed, and the import unity with which they have' been urged, I 1 encreased in proportion as the difficulties of the State have Multiplied. ; That we. have read, with sincere concern, the sentiments , expressed at a Catholic Meeting of this County on the 5th , November, when a right to unqualified emancipation was ; boldly avowed, was preferred in language not to be mis- i | understood, and its advancement recommended by means, j j af once destructive of that Legitimate Connexion^ andjconn- j 1 dence which ought to subsist between Landlord and Tenant. j | While under these circumstances, we should deem it little j j less than criminal to remain silent. We entertain towards j i our Catholic brethren no spirit of Intolerance, no desire of ! Domination : to the worth of many of them we bear a willing testimony ; but we cannot suppress our firm opi- . nion that, in unqualified Concession there is danger to the Constitution, and destruction to the connexion between the two Countries :— nor can we conceal our conviction, that the temper with which it has been by some demanded, and the activity with whieh it has been, not unfrequently, ; promoted, must have had their source in other motives than j the desire of equal participation in the blessings of the i British Constitution. That we should not have deprecated the discussion into which the late representatives of the people had pledged , themselves to enteral an early period, could we havefore- seen any probability that it would lead to a final and sa- tisfactory adjustment of the Catholic Claims. That as the Catholics on the one hand, profess to consi- der it as an insult, to propose any restrictions, and declare their resolution, to reject the offer of qualified concession; and as the great body of their Protestant Brethren, ou the other, will not, as we apprehend, consent to surrender the Constitution, under which the Empire has so long flou- rished, and insist upon adequate provisions for its se- curity. Under these circumstances, we humbly submit to the ! w isdom of the Legislature, whether it would not be expe- dient to defer the consideration of this great question, until the Catholics shall be prepared to urge their claims with that temper and moderation, which would best become j their appeal to the highest authority of the State, and might tend to allay those jealousies and suspicions on the part of their Protestant brethren, which their recent con- duct has justly excited. Signed, HOUSES AND LANDS. TO BE SOLD, THE Interest in the Lease of the House No. 12, Merrion- street, it is one of the best three roomed Hosses, in the City, with an extensive rerej and suitable offices For particulars apply to Smith and Billet, Nassau- street. or at the House. 16 George Vesey Edward Wingfield Fred. John Falkiner Henry Wilkinson Thomas Baker Thomas Finlay Charles Cobbe Christophilus Clinch John Hamilton J. S. Rochfort Richard Verschoyle J. Arthur John Garnett John Carleton George Grierson Thomas Kennan. To his Grace, Charles, Duke of Richmond, Lord Lieutenant General, and General Governor of Ireland. My LoRd, We, the High Sheriff and Grand Jury of the County of Dublin, assembled at Michaelmas Term, 1812, beg leave to express the high sense we entertain of the dignified and impartial manner in which your Grace has administered the Government of Ireland. The Laws and Constitution, during a period of much ir- ritation, have been sustained with firmness and modera- tion. While we acknowledge the wisdom and vigilance with which the Prince Regent administers the affairs of the Em- pire, we cannot forbear to express otir gratitude to his Royal Highness for his attention to the welfare of this country, which has been particularly evinced by his con- tinuing in your Grace's hands the arduous duties of its Go- vernment. WM. RAThBORNE, High Sheriff Co. Dublin. Hans Hamilton, Foreman george Vesey fred. John Falkiner Edward Wingfield Henry Wilkinson Thomas Baker Thomas Finlay Charles Cobbe Christophilus Clinch John Hamilton Robert Shaw J. S. Rochfort Richard Verschoyle John Arthure John Garnett John Carleton Thomas R. Needham Thomas Kennan George Grierson To which Address his Grace the Lord Lieutenant was pleased to return the following answer •.— GENTLEMEN, I return you my thanks for the very flattering Address In? and Evening Papers', and the London Papers by Ex- i J' 0" have presented to me. It has ever been my most anxious endeavour to adminis- ter the laws of the land with justice and impartiality ; and I feel highly gratified by the approbation which so respec- press. The best stalled Stables, with roomy Coach- houses. DUBLIN SOCIETY. ACourse of Chemistry will commence on Tues. day, the lTth of November, in the Laboratory of the Dublin Society, at 3 o'clock. By W. HtGGlNS, F. R. S. M. R. X. A. & c. This Course will consist, I. of an Epitome of Chemical Philosophy, in Six Lectures.— II. of the Natural History of the Earths— their chemical properties, and their uses in tin- arts and manufactures— and, lastly, of the Phisiology of Plants, the Agency of Manures, and Nature and Agen- cy of different kinds of Soils. Tickets may be had from Mr. Wilson, at the Society House, at one Guinea each j The Tickets of the last Course will admit to this. N. B. A Second Course will commence in February, which will relate exclusively to Metallurgy, this will con- sist of 15 Lectures. 1 NOTICE TO THE CREDITORS OF THE EARL OF WESTMEATh. AT a Meeting held on the 13th of December Uit, the Earl of Westmeath made a proposition to his Creditors, towards the satisfaction of their demands, which was unanimously acceded to, and, in consequence of which, it was agreed that the necessary deed should be prepared for execution, under the direction of Counsel nominated by the Creditors, at the said meeting, for the purpose of carrying said proposition into effect. The Creditors arfc now informed, that the said deed has been prepared accordingly, and has been executed by the said Earl, by Lord Delvin, and by several » f the principal Creditors, whereby all his Lordship's Estates are vested in Trustees, for the benefit of such Creditors as shall execute the same. The several Creditors of the said Earl are therefore re- quested to attend and sign th<' same, for which purpose said deed lies at the Office of William Roper, Esq. No. 36, Lower Sackville- streei, as it is intended that when the « ame shall be executed by the Creditors, the funds now in hands shall be put in distribution, according to the pro- visioiis of the said deed. • \ • Mr. Rfoper will attend from twelve to three o'clock COUNTY OF MEATH. 10 RE SOLD ( subject to the Life Eslafe of a Lady, aged about seventy- four years) the Lands of LOUGh BRACKEn. TIley contain about 310 acres, and are held in fee- farm, under a grant made by Thomas Bol- ton, Esq. now deceased, in the year 1725, subject to £ li() yearly rent, and lis. 6< l. dulies. Those Lands are of a very superior quality, and are most desireably situated ; the great road from carrickmacross to Dublin, by Drum- condra, runs thro' them; they are distant from Kells, Na- van, and Slane, each about 10 miles j from Drumcondra one ; from Carrickmacross 8, and from Dublin 33 iniles. Proposals to he made to Colonel Ker, Mountain Lodge, Cootehill; and Forster Mitchell, Attorney at Law, No. 5, Dominick- street, Dublin. 28 AUCTIONS. ESTATES TO BE SOLD BT AUCTION. TO BE PEREMPTORILY SOLD AUCTION, At the Royal Exchange, Dublin, N Monday, th> 21st day of December nest, at the hour of one o'clock in the afternoon, ( if not previously disposed of by private agreement, either in the Whole, or in three ^ separate divisions, the FORTPErGUS ESTATE, including the Island of Innlsdea and the Lands of Cahircanavan in the County of Clare, containing in the whole 1S83A. 211. 22P. of very rich Land, producing at present on Lenses, nearly all determinable, aftd made several years ago to respectable tenants, the yearly rent of =£ 1775 9s. l^ d. These Lands are most desirably situ ated on the River Fergus, which runs into the Shannon:, about 16 mill's below the City of Limerick, and are with- in a few miles of the Market Towns of Ennis and Clare, and will rise very considerably on the expiration of the present Leases. For Rentals nad particulars, apply to Thomas Leland, lisq. Fitz willium Square, who is authorised to receive proposals for the whole, or for the separate divisions spe- cified in the Rentals. 13 i be sold by Auction, at the Royal Exchange, Dublin, table a body as the High Sheriff and Grand Jury of the County of Dublin, have been pleased to express of my public conduct. PROTESTANT PETITION. Mansion House, 5th Nov. 1812. AT a Meeting of the Freemen, Freeholders, and Inhabitants of the City of Dublin, professing the Protestant Religion, The Right Hon. the Lord MAYOR, in the Chair. The following Resolutions were unanimously agreed to. Resolved— That we have heard with surprise and con- cern that it has been asserted in Parliament, " That the Protestants of Ireland are desirous that the prayer of a Petition, lately presented by the Roman Catholics Ireland, should be complied with;" an assertion utterly unfound- ed, so far as it affects to convey our sentiments. Resolved therefore— That Petitions be presented to both Houses of Parliament, expressive of onr opinion, that the political strength of the [ Ionian Catholics cannot, at pre- sent, be encreased, without endangering the Protestant Establishment, and Constitution of the Empire. Resolved— That the Petitions now read, and unanimous- ly approved of, be presented, when signed, to both Houses of Parliament. Resolved— That the Lord Mayor be requested to allow the said Petitions to remain at the Mansion Hou9e for sig- nature. Resolved— That each of the High Sheriffs be requested to keep a copy of said Petitions, at their rwpective houses, for signature. Resolved— Thut the Lord Mayor be requested to sign tlcae our Resolutions, and to have them published in the Correspondent, Patriot, Dublin Jounral, Hibernian Jour- nal, and Saunders's News~ Letter. A. BRADLEY KING, Chairman. [ cj" The above Petitions may be 3igned every day from ten to four o'clock, & t the Mansion House, Dublin ; at Sheriff Studdert's, No. 12, Grafton- street - f or at Sheriff Morgan's, 8, Great Georges'- street, North. It the Matter of Frederick Stock,' a Bankrupt. C before the Commissioners in this ) Matter, on Saturday, the 2' st day of November, instant, at the hour of two o'clock in the af- ternoon, the Bankrupt's interest in a dwelling house, store and offices, yard and garden, situate on Steeple Hill, in the town of Kilala, and county of Mayo, held by lease for forty years, from March last, from Thomas Kirkwood, Esq. at th* yearly rent of .£ 100. There is a covenant in the lease to allow the tenant ;£ 50if lie shall expend =£ 150 in improvements an the premises, and a covenant to reduce, the rent to =€ 20 at a Notary Public's valuation; also the Bankrupt's interest in a plot of ground, called Polke's Plott, held for a term of years. The house anil premises aie1 admirably situated, and adapted for any person concerned in the corn trade, or any other mercantile concern. For particulars apply to Messrs O'Beirne and Jones, Agents to the Commission and Assignees, No. 42, Gloucester- street, or at the Bar of the Exchange Coffee Room, w here a state of the Title may tie seen. BARRACK OFFICE, ' DuBLIN, 7TH NOV. 1812. NOTICE is hereby given, that Proposals, in writing, will be received at this Office, on or before the 7th day of January next, for erecting a Cavalry Bar- rack at New Bridge, in the County of Kildare ; and for atl Infantry Barrack contiguous to the City of Kilkenny, according to plans, specifications, and instructions, to be seen at this Office from ten until four o'clock each day. Each Proposal to be sealed, and put under cover, di- rected to Major Grneral Freeman, and endorsed, " Pro- posals for building a Barrack at New Bridge," or " at Kilkenny," as the case may be. Security will be required for the due performance of the Contiacts of the respective Barracks mentioned; and no Proposal will be attended to, unless from respectable pro- fessional Builders, and accompanied by the written assent of two solvent persons, fully competent to become the Proposer's Sureties. Bv order, JOHN HUGHES, Sec. NOTICE" IS hereby given that ihe Post Masters General are ready to receive Proposals for conveying his Ma- jesty's Mails, in Mail Coaches, drawn by four horses be- tween the City of Waterford, and the Town of Youghall, through Kilmacthemas, Dungarvan, Cappoquin and Lis- more, By Command, EDWARD S. LEES, Sec. General Post- Office, 14th Nov. 1812, 14 GENERAL POST OFFICE, November 12, 1812. NOTICE is hereby given, that the Post Masters General are ready to receive Proposals for conveying his Majesty's Mails, in Mail- C- oaches, drawn by four horses, between the Cities of Waterford and Cork, through Kil- macthomas, Dungarvan, Cappoquin, Lismore, tallagh, and Watergrass- hill. The Post Masters General are also ready to receive pro- posals for a similar establishment from Waterford to Cahir, through Carrick- on- Suir and Clonmel. By Command, 13 " EDW. S. LEES. GENERAL POST OFFICE, " November 5, 1812. NOTICE is hereby given, that Proposals will be received for supplying STATIOnAry, in all its branches, and executing PRINTING WORK, & c. for the use of his Majesty's GENERAL POST OFFICE, agreea- bly to Specimens and Forms to he exhibited at the Secre- tary's Office, on and after the 14th inst. By Command of the Postmasters General, EDW. S. leES, See. " . NOTICE* " THE Tenants of Joseph Palmer, Esq. and Elizabeth his wife, of Falmerston, in the County of Mayo, as also those of the County of Sligo, are requested to attend me at Castlebar, on Monday, the 23d day of November next, to pay all rent and arrear, to and for the Ist day of May last, 1812 ; and such persons as are English Tenants, to and for the 1st of November next, 1812. It is requested that each Tenant will bring his. I,' ist receipt. The first week will be devoted to receive Rents from the Gentlemen— the remaining period, till Saturday the 12th day of December next, to the Yeomanry. WILLIAM HENRY PALMER. Dublin 17th Oct. 1812. T Ross and Wife, a. Campbell and others. DECREES, ) pURSUANT to" the Decree of his Majesty's Court of Ex- chequer in Ireland, made in this Cause, bearing date tl)" 5' h of June, t 1812. thereby require all Creditors of John Campbell, and all Creditors and Legatees of Hugh Campbell deceased, in the pleadings named, ait:! all per- sons having charges and incumbrances affecting the real or freehold estates of the said John Campbell and Hugh Campbell, respectively, to come in before me. at my of- fice on Ihe Inns- quay, Dublin, on or before Monday the Mth day of December next, and prove thVir respective demands, otherwise they will be procludcd all benefit arising from said Decree Dated this 14th day of Nov. 1812. ^ WELLesleY. . For particulars apply to james Leckey, Plaintiffs' At- torney, No. 1 ! 8, North King- street. In the Matter oR TN pursuance of the drrl- r the Most Noble j JL of the High Court of Chancer- , the Duchess of bearing date the 10th of Novembi r. Chandos, a Luna- i instant, made in this matter, I w.| l. tic. I on Saturday, the SOtfi of Novemh. , - J instant, at the hour of on** o'clock in the afternoon, set up to be let, to the highest and fairest bidder, at my Chambers, in the King's Inns, certain pre- mises in the ( own of Borris- in- Ossorv, called the New Inn, with the gardens, lands and turbary thereunto be- longing. part of the Lunatic's estate, [ fur the terra of U years, pending the Lunacy. Dated the 14th of November, 1812. WILLIAM HENN. Brasier and Wife,") ' pHESale of the Lands of a. > OK' Court, situate in the Watkins and others. C County of Cork, us heretofore ad- J vertised, pursuant to the Decree in this Cause, is still open for Bidders, in the Chief Remem- brancer's Office, Inns- quay, Dublin. For information and particulars respecting the said Lands, and the Title thereto, apply to Mr. Callaghan, Plaintiffs' Solicitor, No. 22, Lower Gardiner- street,. Dublin. 9 CHANCERY. In the Matter » f 1 ' FN pursuance of an Order BENJAMin NEVIN, - made in this Matter, hearing a Minor. C date the 2.1 day nf March, 181*, ) I will, on Tuesday, the 21th dav of November, 1812, at the hour of One o\ rock In the Af- ternoon. at my Chambers, on t>; e Inns- qrtnv, set to the highest bidder, from the 1st day of November instant, during the Minority of the said Minor, now aged about S yearN all that and those, the Town and Lands of Bally- macruse, alias Ballymacrews and Cannareach, » ity » » v lying and being near ihe Town of Donaghadee, in the County of Down. Dated Litis 9th day of November, 1812 STeUART KING. For particulars apply to William Meredith, Solicitor for said Minor, No. 21, Temple- street. It In the Matter of) pURSUANT to ao Order of James Johnston, 1 a Minor. I the High Court of Chancery of Ireland, bearini date the 4th day of 1 november inst. 1 will, on Wednesday tlie 25th day of November, ins- t. at my Chambers, oo rho Inns- quay, Dublin, at the hour of one o'clock in the after- noon, set up to be let, during the minority of said Minor, now aged about sixteen months, in thirty- two several divisions, as are laid down and specified in the maps of said lands, eight hundred and thirty acres or thereab. siits, being part of the town and lands of Carrickbreda anil Mayphoner, situate in the county of Armagh ; and also about thirty- five acres, part of the townland of Lissardboy, otherwise Iremont, situate in the county of Down, to- gether with Ihe tythes of the townland of Lissardhoy, otherwise Iremont. Dated this 7th day of November, 1812. WILLIAM HENN. Note— The p- rsons who shall be declared tenants, must enter into security, by recognizance, for payment of the rents. The above mentioned lands of Carrickbreda and May- phoner, are situate between the towns of Dundalk and Newry, about three miles from the former, and abouf seven miles from the latter, lying near Forkhill, about one mil - west of the great northern road, through Jonesborough, from Dublin to Belfast. And the above- mentioned Lands of Lissardboy, otherwise Iremont, are situate between the Towns of Newry ami Loughbrickland, about four " miles distant from each, an ! about one mile east of the great northern road from Dub- lin to Belfast. For further Particulars apply ' to William Baily Wal- lace, the Minor's Solicitor, No. 33, Summer Hill, Dublin, or to Mr. William Hale, Dundalk, with both of whom t) Maps and Surveys of the Lands of Carrickbreda and Ma\- phoner may he seen, in which the divisions are laid dow. i in which said Lands are intended to be let. Hayward Atkins, Esq." an! others, Plaintiffs; Warham Atkins, £ s( j. and i others, Defendants. PURSUANT to th- Decree of his M » ie- i ty's High Court of, t han • * eerv in Ireland, made in this cause, hearing d'atVi the Ist day of July, 181-;, I will, oil the 27th of November, instant, at my Chambers, situate on the Iyki « '( v Inns Quay, Dublin, at the hour of one in'tile afternoon, set tip and sell by public cant, to the highest nail fairest bidder, all that and those the Town and Lands of Dioum- garriffe, Raheen, and Carrigoline, in the County of Cork the Yard and Cellar situate in the Cross- lane leading ffoo Grafton- alley to the Mall, in the City of Cork, fbrmei Iv in the possession of Valentine Johnson; the Town mi4 Lands of ballyburdenmore, in the County of Cork; t\ Dwelling- bouse and Concerns iu Cove lane, in the Cit. v of Cork ; a Dwelling- house and Premises on the South Mall, in ihe said City of Cork, formerly in the possession of said Valentine Johnson ; a Cellar formerly heid by Jo- seph Bennett, Esq. and now in the possession of Michael Roberts Westropp, Esq. situate on Dunscomb's Marsh, in the City of Cork, in the pleadings in this cause mentioned, or a competent part thereof, for the purposes in the siirl Decree mentioned. Dated this , third day of November, 1812. THOMAS ELLIS. For Rental and particulars as to Title, apply to Reuv •• and Ormsby, Merrion- street; and Carden Terry, Esq. Pen- broke- street, Dublin, and to John Terry, Esq. Cork. 4 . FOR RHEUMATISMS, COLDS, & C. BR. JAMES'S ANALEPTIC PILLS mfrublv calculated for theabove, and all tho3e Cot - plaints to which the human frame is liable from the vi. oi. situdesof our climate, as likewise for Bilious and otlu. Disorders of the Bowels, and for Head- aches, ocrftsjosM l> y Indigestion or free living. They sliauld be takn- npon every slight indisposition, and thus by tiir. ely as- sisting Nature in the due discharge of the animal func- tions, they preserve the body In health. As they require no confinement, they are particularly coBvonieRt for Tra- vellers. Sold by F. Newbery and Sons, No. 45, Saint Paul's, London; and No. 29, Dame- street, Dublin.— Is. 6 i. Uii ti'sh, each Box— or six in a large Box, £\ 4 » . Obser <-. the words " F. Ntubzrj, JTo. 45, St. Paul's," ensruv. d en the Stamp. THE SPIRIT OF IRISH WIT. Tiis Day was Published, in one large Volume, duodecimo, Vr' - i- 6s. in Boards, tHe SPIRIT of IRISH wIT; or, POST. M. CHAisE COMPANION'; being an eccentric Mis- cellany of hibernian Wit, FUN, and Humour, much the greater part never before in Print, with a Selection of such as may have appeared ; also, various other Articles of Intellectual Confectionary, adapted to the risible Mus- cles, and designed to dispel Care, purge Melancholy, cure the Spleen, and raise the drooping Spirits in these gloomy Times. London : printed for Thomas Tegg, and sold by JOhn CUMMiNg, 18, Lower Ormond- Quay ; where may he hud, price 6- 6d. The SPiriT OF ENGLISH WIT, for 1812- 13. a Companion to the above. 10 AgOVErNeSS WANTED— who can teach English, French, and Music. None need offer, whose character and abilities will not bear the strictest scrutiny. Apply, by letter, to Rutland- square West, men- tioning particulars and reference. Niv. 16, 1812. 16 WANTs a SITUATION, \ YOUNG WOMAN, a native of England, as own Maid to a Lady— would have no objeciion to take the charge of two or three young Children, and in- struct them in the first rudiments of Education, as em- ployment more than emolument is her object ; can be well recommended. Any Letters directed ( Post Paid) for H. H. at the office of the CORRESPONDENT, shall be respectfully at- tended lo. 16 Tile Russian fleet, supposed to be now mi its way for England, Consists of 21 sail of the line, besides a great many beautiful frigates and smaller vessels. Capt. Maurice, the gallant defender of the Isle of Anholt, lately arrived from that command. is, we understand, to be immediately appointed to a particular service. Almost immediately after entering Moscow, Bo- naparte, it is said, sent a message by a Russian Gentleman to the Emperor Alexander, couched in th'e most amicable and even familiar terms. — He said, " there was nothing he wished for more, than lo renew his friendship with the Em- peror, for whom he had ever cherished the highest esteem, and with whose personal wishes he should a' all times be happy to comply ;— that had Alex- ander requested hint not. to enter Moscow, he would not have entered it; —( hat he was even now ready to quit the spot, if such was the desire of a Sovereign, w hom he was anxious to oblige. In short, that if Alexander desired peace, he had only to say so,. and peace , should be that instant con- concluded." This bait might have taken with almost any individual, . sooner film with the En- prefers, for the magnificence of iV>- ir widi'- ci'iess, & which his habits of . war, and vice and plunder & blood, stiil further enhance . Out there is no real greatness in this— for there run he no greatness which is not inspiierl by virtue, end to this - true mother of all glory BonApaRTE is not a debtor for a solitary gift. he made war upon Russia, not because she, his ally, was hostile; not because she- contraven- ed his policy for governing the country, whose sn. vereignty h<; had usurped, or those States,. whose inability to resist, caused them, to be conquered — but because the downfal of his ally might possibly be accessorial to his speculative hostility against the prosperity of Great Britain.— He de- nounced the independence of Russia, and led i ' ; against her the regimented slaves of Europe — and | the base in party spirit who confound vice and vtr- j tu> , and who are ready to forgive wickedness, when peror of Russia. lie remembered tlie fawning looks, the flattering words, the feigned humility of Tilsit— and he felt, that it was not for S non to he. tray a second Troy. It is needless ^ to say, the friendly offer was rejected. The following particulars, it is said, liave been received respecting the victory over the French, and the re- capture of Moscow. Prince poni- atowski, who commanded the 5th corps of the it Is enormous enough to cause amazement, shout ed in applause at the mighty undertaking, and predicted fresh glory for the restless and profli- gate nsurper. The purity of Russia's cause, the itiofFensireness of her policy, or the monsstrous ag- • ression of her adversary, could not save her even from ribald revilement ; & " the Russian retreat" became & subject of sportive mockery^; while the necessity that drove Russia to bear up against an unequal force, the greatest mili- tary power in the field that Europe ever saw, could not win la her side a generous sentiment— a wish from sympathy, or a prayer from the hater of in- AT a Meeting of the Protestant Nobility, G - n. try, Clergy and Freeholders of the County of West- mea. h, assembled at the Court House, Mullingar, 13th November, 1812. High* Hon. WILLIAM HANDCOCK, in ( hc Chair. resolved— That we have seen with satisfaction the Re- solutions entered into by the Protestants of Sligo, Leitrim ami Monaghan, which meet our general approbation. Resolved— That confiding in the wisdom of Parliament, and not wishing to agitate the Public mind. « e have hi- therto declined making public . declaration of our opinions on the suhjcct of the Roman Catholic claims ; hut when we see those claims converted into unqualified demands, w » deem it our dutv thus to come forward and avow our French army, was killed, and Generals Joiuville, Moncey and Daru, made prisoners. Count Winzingerode, after the re- capture of Moscow, ventured too great a distance in recon noitring, and was unfortunately taken prisoner by a detachment. General Platow, with fifteen, regi. ments of cavalry, had been sent forward to- wards Smolensko, to act against the enemy in that quarter. With regard to the weather at Moscow, instead of its being fine and clear, as Bonaparte states, i. had been most uncommonly bad, and the roads were in the worst state. This circumstance ac- counts for 33 pieces of cannon being taken in the action against Murat. Altona Papers, of the 30th, arrived from Heli. goland, slate, that great alarm prevailed in War- saw, on account of the advance of the Russians in rear of the French. The barriers had been shut, and a Proclamation issued, to quiet the minds of the people, by Count Stanislaus Potocki, the Presi- dent. sentiments upon lliis important subject; and the more so, as it has actually been declared in Parliament, that the j Protestants of. Ireland are favorable to the unqualified j repeal of existing disabilities. Resolved— That it has beep, and it is our earnest w ish to live on terms of friendship," amity, and conciliation with our Roman Catholic fellow- subjects, and possessing those feelings, we w ould gladly concede every privilege which can be given, consistent with the spirit and principles of the British Constitution, and with the security of t. nr est a-,, blishment iu Church and State. Resolved— That the unqualified repeal of those ! aw » , on which the remaining Roman Catholic disabilities depend, would be inconsistent with the spirit and safety ofthe British Constitution, anil would tend to subvert the Pro- tectant settlement of this Country, oil which, we are con- vinced, the connexion between Great- Britain and Ireland, and ultimately Ihe security of ( he Empire, depend. Resolved— That if the Legislature shall, in its wisdom, thiuk proper to grant any further Repeal of those Laws, we hope and trust that such Repeal will be so guarded, a « to afford full and perfect security to our Establishment, which we consider vitally interwoven- with the welfare and stability of the Protestant state, and to protect it from all dangerons innovations and encroachments. resolved— That these being the sentiments of the great Body of the Pietestants Land proprietors, Electors, and other Protestant inhabitants of this County, we deem it right to lay the same, by Petion, before Putliament, when assembled ; and in the most respectful manner, before his Royal Highness the Prince Regent, whose conduct haE i- nprssed us with the most dutiful gratitude, and most per- fect confidence towardshis Royal Highness. Resolved - Thata copy of these ourResolulions be trans- mittcd by our Chairman, to our Representatives, as ex- pressive of our sentira" iits, accompanied with a request, that they will present our said Petition to the House of Commons. Resolved— That the Earl of Westmeath be requested to present our said Petition to the House of Lords. Resolved— That an humble Address be presented to his Grace Charles Duke of Richmond, Lord Lieutenant Gene- ral, and general Governor of Ireland, requesting his Grace to transmit to his Royal Highness the Piince Regent our Address, together witii our humble duty, and expressive nfour warm attachment to his Majesty's Government ill this Kingdom, as administered by his Grace. 15 WILLIAM HANDCOCK, Chairman. LONDON, FRIDAY, NOV. 14. The advices brought by the Fortunee frigate, from the north coast of Spain, are not official dis- patches, but private advices, to which, however, we understand, Government give full credit.— They state, that the Marquis of Wellington's head- quarters were, on the 1st of November, at^ Cabe. zon, near Valladolid, and those of the French at duenas, and that he had cut off an advanced guard of the enemy, making prisoners three hun- dred cavalry and four hundred infantry. The Fortunes came from St. Ander. From the proxi- mity of the respective armies, a battle, was ex. pvct « dto take place immediately. There are letters in town from Amsterdam, of the 6th inst. which state, with tolerable exactness, tne particulars of all the engagements mentioned in Lord Cathcart's last despatches. Wa maybe • assured, that no tidings are so eagerly circulated, « r so giad'y listened to, in all parts of the Conti- nent, as those which announce the disasters of Bonaparte. They appear to have even reached France, and evm the capital of his Empire. The ( loyalist sloop of war, Captain Downie, on the 3d Instant, boarded a licensed ship going from Oitend to Bourdeaux, the Master of which reported, that an account had been received at Ostein!, just before he sailed—" That the French were driven from Moscow, and that Bonaparte was almost out « ' f Russia." Quebec Papers to the end « f Sept. bring no ac- count of any new military operations in Canada. — On the 16th, an American detachment crossed about three miles below the Galots Rapids at Ma- tilda, where they attacked a brigade of the King's boats, and a number of merchants boats, but they wer » * defeated a loss of about twenty men Killed. * Dispatches were sent off last night from Earl Bathurst's office, for the Marquis of Welling. teu. justic » , among all those WHO think BONAPARTE perfectly infallible iu iniquity. amid adverse prophecies, it has been our com fort and satisfaction to see Russia worthy of her great cause— to see her scatter to the winds the produce of her fields, that a savage and an insolent foe may not possess them; and sacrificing, in splen- ded magnanimity of spirit, the capital of her accu- mulated dominions, lest it should afford her enemy a resting place. In every battle, that has been yet fought, we have found the courage 0f the Russian soldier paramountly distinguished— his fortitude towering above his difficulties— his zeal for his Sovereign and his country inextinguishable, his detestation of the French ascending to the dignity of a virtue.—- All the French Generals are compelled to vouch even for the discipline of the Russians, when they tell us, how their brave corps retired in hollow squares, manceuvmig confidently, and successfully, even in the very heat and urgency of battle. At Borodino, where French ambition paid its heaviest forfeit, we do not find the enemy ready to fall upon those Russians whom they affected to despise so much ; on the contrary, we discover that NAPOLEON was obliged to address a proclamation to his soldiers, to kindle their spirits for the combat, and give them an arti- ficial impulse for the scene they were about to go through, by promising them food, repose, and a speedy return home, as the fruits of their success. BONAPAIITE, it appears, according to the French accounts, does not trust his a gust person to the contingencies of a Russian battle; for one of his most favourite Generals, In his report of the battle of Borodino, tells us how the Emperor, after the battle, proceeded to inspect the quantum of slaughter that may have been made. " The Emperor," says BUAOHARNOIS, " has been en. abled to convince himself of the devastation which the artillery has caused the enemy, when he yesterday went over the field of battle." As matters stand, according to the last accounts, the enemy have left Moscow precip'tately, either to give KUTUSOFF battle, as the resource of des- peration, or to retreat ; and we firmly believe the latter to be their design. A small advan- tage, and that could pot but be deaily pur. chased over the main army of Russia, would lead to the possfssion of no store;, no magazines, no protection from the winter. As to a winter campaign, the thing is quite impracticable ; and as we have observed in a former - number of our , DUBLIN. — —. y MONDAY, NOVEMBER 16. The Mails of yesterday aud this day arrived in course. There hare been no accounts from Russia, more recent than those which have been already laid be. fore the readers of the CORRESPONDENT; and in all probability we must'be doomed to endure long in. tervals of impeded intercourse with Riga, as the winter advances, and obstructs the navigation of the Baltic. We have, however, God be praised, a good stock of facts already, lo support the pub. ic hopes, until we hear again of fresh shames and distresses descending upon the head of the Tyrant 6f the world. It would appear from the movement| of VICTOR from Smolensk, to rein, force the advance guard of the French army an. der MURAT, that BONAPARTE intended such a concentration of force, as may either enable him to attack KUTUSOW with hopes of success, or may make his retreat too formidable, to be disputed, or liable to any injury, greater than those severe and incessant assaults, which the Cossacks never omit to make against an enemy. BONAPARTE, whose career, however exteriorly glossed over, has nevertheless been impelled) by an inbred spirit Of desperation, has aimed at more than other men, & consequently has accomplished what few would have attempted, because few have been ever un. der a similar necessity, to tread the brink of the precipice, like him. There Is a false varnish about his character and his exploits, which passes for glo- ry, with those who catinot distinguish well be. tween what is sterling and what is counterfeit.— The Sovereign, whom THE LAW has made, is not compelled to keep the minds and passions of his people so employed, as to save ^ himself from any dangerous opinions to which their sober reflec- tions may give birth. He has no selfish ambition to balance against the prosperity and repose of his people— he need not aim at the servitude of his own subjects, and the conquest of the rest of the world, to secure a dubious sceptre in his hand ; and to transmit it through the gusts and storms of revolution to a descendant. He is not impelled to grapple with great difficulties to obtain arduous objects; he is not driven to the exigency of beat- ing on the billows of life, to save himself from the calm of degradation and certain debasement.— But it is not so with BONAPARTE— th » child ef war, and the proteg£ of fortune. The wave which tossed him high upon a dangerous eminence left him no choice, if he would be great under any penalties. The swell of the revolution still throws him forwurd, and he must obey its impulse, or sink. He is called great by many, because he is seen attempting monstrous things, some of which the justice of fortune exacts of him, to make his greatness turbulent, uncertain, aad joyless— and others his natural disposition Paper, we think it likely that the French will en- deavour to regain Poland, fand take up their quar- ters there, if they can, until they can bring about a peace with that Power, which they have vainly attempted to subdue. A considerable Russian force hovers near Smolensk, which is fur. ther reinforced by the gallant and indefatigable PLATOFF, with sixieen regiments of cavalry, that will, in all likelihood, make the retreat of the French most arduous and dangerous. The Russians are greatly elated, according to the last accounts, and full of self- confidence. The French, whose artillery has become comparatively unmanageable, since the winter set in, arid who are suffering the severest privations, have sunk in spirit conside. rably. The next accounts must he of great iaipor tance, unless they ct » ae through the medium of a new Bulletin ; from which we can expect nothing that the most dexterous artifice can conceal. Count WINZINGERODE, after the recovery of Moscow, was, we regret to understand, taken pri- soner by a French detachment, while reconnoitring at too great a distance^ ' I he French Generals JOINVILLE, MONCEYT and DARU, were made prisoners in the ac- tion in which MURAT was defeated, and Prince PONIATOWSKI wounded. The reports o the disgraces and disasters of the French in Rus- sia have spread universally, and are known to have reached Antwerp, Ostend, aad the sea. ports in that quarter. At Warsaw there seemed to be a panic felt, lest the Russians should react upon thtir invaders, & follow them without intermission into Poland. A proclamation was published on the 17th ult. by command of the Council of the Ministry, reproving those fears and alarms that so generally prevailed, aud accounting for the shut* ting of the barriers, as a measure which had for its object " the securing ansl strengthening such effectual means of defence, as tend to preserve order, and are enjoined hy foresight."— We really do not see any thing in ( his explanation calculated to appease those fears and alarms, whicharesup. postd to have called for the proclamation of the Council. After the above had been written, we received some French Papers; but not of a later date than those, from which we had lately made extracts.—• A long article appears iu the Journal de l'Em- pire, supposed to be a letter from Count ROSTOP-. CHIN, to Count SIMON WoroNzoFf, dated Moscow, 17th October, 1801. That it is a French fabrica- tion is. very probable— at all events we have no space left for an analysis of its topics. The News from Copenhagen and Vienna is quite unimportant. We have Quebec Papers of the 1st of October. They contain an Address to General BROCK, and his answer, on his arrival at Kingston ; and some transactions of a military nature, but very insigni. ficant iu themselves, which occurred on the River St. Lawrence. ADVICES FROM THE PENINSULA. We h ave also received, since the foregoing ob. servations were written, Spanish Papers brought by the Corunna Mail, consisting of Corunna Ga. zettes to the 31st, and Madrid Journals to th « 21st ult. SoulT, it appears, had advanced to Al- vacete and Jurguera Gen. Hill was at Bel- monte ; and It was supposed to be SOULT'S design to push for Madrid, of which both Lord WEl- LINGTON and BALLASTEROS have been apprised. The last accounts, however, have left HILL at Aranjuez, and SOULT at Hinojosas, considerably- West of Alvacete. Government have received dispatches from Colo- nel BOURKE, dated the 8th inst. at Corunna, which mention, that, according to letters received by him from the army,- Of the date of the 34th ultimo, the head- quarters of the allied armies were at Duenas at that time, a place in the province cf Leon, 3 leagues from Palencia. There are no dis? patches from Lord WELLINGTON. The troops which landed at Corunna had been ordered found to Lisbon, a measure which indicates, that the communication between Lord WELLINGTON and Corunna, has been intercepted. It is under, stood, that the French light troops have made an incursion into this part of Spain. It is conjectured that JOSEPH BONAPARTE has taken refuge from the bustle of hostility in Pamn- peluna. The division of the Russian fleet which was at Cronstadt, consisting of 11 sail of the line, be. sides frigates, sailed from thence on the 24ih for England, The whole fleet, consisting of 18 sail of the line and twelve frigates, will follow the ex. ample-— a noble demonstration of the firmness of Russia, and of her r< li nee upou the honor and in. tegiity of the British Government. corunna MAIL. SPANISH PAPERS. CORUNNA, OCT. 29.— Lord Wellington, knowing of the junction of Soult and Suchet, and that they intended to make an excursion to Madrid, for which purpose they had alreatly arrived at Bel- monte, marched from the neighbourhood of Burgos to reinforce General Hill, anil prevent any fortunate result for the French. TOLEDO, OCT. 12.— Soult, with 13,000 infantry, aud 7000 horse, is approaching, and is already in San Clemente ; but notwithstanding this, we are perfectly easy, as our forces are- superior. Me- dico's horse are gone to join Penne and Morillas, and Medico remains, ad interim, Governor of this place, with all his infantry, which he is endea. vouring to augment. MADRID, OCT. 10.— The vanguard of Soult's army continued in Alvacete, under the orders of Drouet ; it is composed of 15,000 men, and has 1000 horse in La Geneta. , • The enemy seeing that the Castle of Chinchilla presented obstacles to their excursions, strength, ened its siege, in order to take it by assault, without loss on their part. They collected all the peasantry in the neighbourhood, and made them march before they made three attacks, but in vain NEWRY FLY. thE Public are respectfully informed, that in JL consequence of the recent Robberies of the Dublin and Newry Fly Coach, which travelled at night, the P.-. i- prietore have determined to commence running it on Friday, the 20th instant, in company with the HARP COACH, which starts from the King's Arms, Newrv, for Dublin, at 5 o'clock every morning; and from No. 6, ^ Alton- Street, Dublin, at 7 o'clock • arh morning, for Newry. This regulation t » continue until four Passenger Couches ( which ai- e in a state of forwardness) are prepared and which will accompany the Mail between Newry and Dublin each day. November because they had neither made a breach in the CaS- tle, nor filled up the fosse, the peasants nevertheless suffered considerably. On the 8th, in the evening, a shell fell in the Castle which wouned its gallant Governor and 50 men out of its valliant and small garrison of 200.— This accident, and having lost t5 or ' 20 men by j the enemy' fire the anterior days, obliged it to ca- pitulate on the Oth. When the official account is received we shall give the details to the public, which, according tj the staeiponls of an artillery. man. do great honour to that unfortunate garrison. — Madrid Gazette, Oct. 20. MADRID, OCT. 1".— A letter which we have seen front the head quarters of tbe 2d and Sd armies, dated the llth instant, says, that Soult on the 5th inst. marched for Calaspana; the last division, which consisted of from four to 6,000 men, with a can. siderable number of horse, were on the 3d before Caravaca. On the 7th an enemy's battalionj of infantry and 300 horse, presented themselves within cannon shot of Penas de S. Pedro, and received some fire, to which they did not reply, but continued their march towards Tabarra. In this point there were on the same day 6 or 7000 men, which ar- sup. posed to be a part of Soult's ml a part suchet's troops, who proceeded f'om Alvacete to protect the passage of the former. It is thought ha there is a corps of from 9 ' o 10,000 m" n, wi'h a considerable quantity of artil- lery, in Alvacete. The enemy wish to maintain themselves in that point to facilitate the collection of provisions. For the same purpose another ene. my's corps of 400 infantry and 300 horse scours the neighbourhood of Jorquera. We know that the public would be pleased by onr giving intelligence of the. movements and pro. gress of our armies. To their just demands we must reply, that the publication of certain military facts do net forward the military operations ; the enemy might derive great services from it. Wo have receivad several Valencian Gazettes, & observe that the French say nothing of the po-. sitions or movements of their armies. Will it not be time enough for us to inform them of what they do not know, when tbey instruct us ? For this reason we will content, ourselves with saying, that the fears of some pusillanimous persons are un- founded and vain ; the hopes of the secret agents of the intrusive King, who disseminate alarms, deserve the most severe punishment. We have force sufficient; we have Chiefs worthy of con. fidence ; we are secure. This is what we can an- nounce. MADRID, OCT. 17.— The intrusive King who expected to remain in Catalonia and fit his resi- dence in the capital of Aragon, has changed his opinion, and is preparing to proceeed to Pampe- f luna. In this city he can receive communication with more facility, and take measures with the Senate. Massena has ordered 50 pieces of the ar- tillery brought from Castile to be collected in San Domingo de Vittoria, and Orduna to be fortified. Soult, obliged to change his direction, has desisted from going to Valencia, and p roceeding by Alva, cete to Rota and Villaneuvade Jara, indicates by bis movements tlw crossing the Province of Cneo- ca, with the idea of marching to Nava re by Ara. gon. To this change is attributed that of Joseph, and it is said that both, little satisfied with Suchet, are going to try their fortune with Messena. It appears that Gen. Hill has his head quarters in Belmonte, from whence he dispatched advice to Lord Wellington and Gen. Ballasteros. We do dot doubt but Soult intends paying us a visit, and of even making a hold movement to prevent the junction of our troops with Gen. Hill. FRENCH PAPERS. From the Journal de I'Empire, of Nov. 5. Moscow, OCT. 17. The following is a copy of a letter addressed by Count Rastopchin, to Count Simon Woronzoff. entirely in the hand writing of Count Rastopchln, and found among his papers; it bears as a tile " rough Draft of a letter to Count woronzoff, of 30th June, 1101. " 1 have received your letter," and I have no oc. casion to tell you how much pleasure it gives me. Since the moment in which I left England, and till my death,' I shall regard you as my benefac- tor, happy if I shall be able to give yeu some proofs of myjgratitude. " I ceased to write to you, because I believed my correspondence could not much interest vou.— The late Emperor was wrong respect you ; anil I supposed yt> u miglit have thought me defi cient in zeal to serve you. Count I anin shewed me a letter in which vou give bp:- the title of Dear Friend ; and from that time, without importuning you with my letters, I confined myself to be de- voted to you from the bottom of my soul, and to nourish the sentiment which filled it with venera- tion for you. I couiii not conceive how Count Woropzoff, that respectable being, could give twe flattering title ef his Friend, to a personage so ab- ject as Count Panin. How did he merit his esteem ? » was it by his talents ? They have been consecrated p to low intrigue and personal interest— but to cause the negotiation of Berlin, to fail, because hi- late uncle Prince Repnun was charged with it—- to break the negotiation with France, which might have been brought to a conclusion, and all thi-, because he viewed the French Revolution like an imbecile French emigrant. He once wished to become Vice- Chancellor, form a new chimerical the coalition, result of which would only have been the unpro. ductive loss of thousands of brave men to Russia; the aggrandisement of the insatiable House of Austria, and the immoveable establishment of the arrogant despotism of England. I ( io not speak any more of the Count Panin's conduct, since he lost his situation of Vice Chancellor; it has been such, that it merits the scaffold, the contempt of honest men,, and the admiration of beggars. He, and these like him,. did me the honour of considering me the j only man who ought to be removed— they have ! ucceeded— they made use o'f the imbecile Koutay- soff and his mistress. I had uselessly sub. mitfed ( o the Emperor tbe depredations of that favourite, whom some wretches with the blue ribbon had made believe that he was, by his ta. lents, formed to eclipse Prince Menzekoff. I my. self had told Count Koutaysoff, that it was time tiiat in his ridiculous conduct, the barber should give place to the Grand Equery. " In regard to my political system, I could have none with a Sovereign, who wished to do every thing himself, and who could not bear any delay in executing his orders. The greatest management, the most favourable moments, and a happy dispo- sition on his pa- t, were requisite to have his or- ders revoked, make him change his opinion, or lead him to adopt thai which one considered the best. " I know that to me is attributed all that has passed with England." I begin my account to you, of the events, by assuring you, that I love and esteem the English nation and government as much as I detest the policy of their ministry, it w< is the Emperor himself who had the idea of re- establishing the maritime coalition in fa- vour ef neutrals. The first embargo was de. cijed, i i spite of my representations, by Prince Gagarin, who only in it considered his interest. It was I who afterwards caused it to be raised. Tht second was the consequence of the conduct of the English at Malta. I believed, and I still be. lieve, tnat the moment was very favourable, for having the most just right, that of free com- merce, sheltered from the injustice of that Power, which gave law upon the seas, acknowledged. If the late Emperor had lived four months longer, England would have found herself in a grand crisis. She had to dread France, and she saw her- self deprived of all resources of support ; the ports on all the coasts of Europe were shut against her, with the exception of the Adriatic. I know this system would not have ended in nothing; to make it succeed, it was necessary the Emperor sh mid not be precipitate in his measures; that he should not hold the chimerical wish of possessing Malta, with the title of Grand Master; an idea at Prince Bizborodko gave him, without fore, seeing the unfortunate consequences which have re. sulted ; n it, only to amuse and undeceive him, to join with Austria aud England, in establishing the Bourbons upon the Throne of France. " This right of neutrals finds convincing proof if its utility in the firm conduct which the Courts of Stockholm and Copenhagen have evinced; that of Berlin has be n much more so than Could have been expected, notwithstanding those who favour- ed England had prejudiced the Emperor against t< he King of Sweden, during his last journey to Petersburgh ; had induced him to send back M. de Ros> ukranz, the most loyal aud brave of men ; and finally, after mt departure, to make demands upon the King of Prussia, which were followed by a declaration of war. I believed that one could not sufficiently distrust the systematic conduct of a cabinet, as tha. of St. James's, which for half a century has spared nothing, to arrogate the sove. reignty of the seas, and which has oow. arrived at the epoch in which war ( ruinous in all other times) aud eveu continued against the wish of the nation, nnder a pretext honest in appearance, serves to enrich her by conquests and caotures, and make her arrive at the completion of her pro- jects, which is the ruin of France. I never be- lieved that Russia was in a situation to fear the French Government, of whatever form it might bethe distance of the country; the gigantic forces of our Empire, its physical position, and the shield which it presents to other Sovereigns, are so many guarantees of our imposing existence. She has nothing to fear from coalitions; the Freuch revolution is a proof of it, Jfor when that mon. strous ' anarchy overthrew thrones and altars, so. cial order could not induce, for the common sal- vation, two Powers to act unanimously, and only against the monster which each wished separately to do. What then can Russia fear, whose own power guarantees her, and serves as a bulwark to the North, and to all Germany ? • I have viewed France as an ephemeral Govern, ment. The mutual fear and jealousy of France and England, greatly tends to lead these two powers to seek new means of destroying each other. The coalition*, the chances of war, only served to unite the minds of men in France, The first campaign exposed the views of the Cabiaets, each of whom wished to make the Majesty ef Bourbon pay dear. Remark th it this unfortunate and bloody war hai never had any other theatres than those of the country, and subjugated by the Feench arms, without their ever marching into France. The road was difficult to clear. The late Generalissimo, who honoured me with his confidence, and who viewed things justly, his fre- quently repeated to me that a war carried into the heart of France by foreign arms, would unite in its defence all the inhabitants; and that as soon as an entire army soi disant republican should j declare itself openly for a monarchical government, | the counter- revolution would only exist in the pro. j jects and words of emigrant adventurers and pt> li- l tical dreamers. It is a question still to be resolved, if France, dismembered and forced to return to an. cient regime, would not furnish forces too impos- ing for the houses of Austria and Brandenburgh, both our neighbours, and both jealous of our pre- ponderance ? The slate of Europe last year was such, that much might be done to lower the frightful despo- tism of England. Now, the taking of Malta, with the conquest of Egypt, in rendering her mistress of the treasures of that country, will cause, in con- junction with the Porte," all the trade of the Le- vant to pass under their yoke, and in repaying herself with usury, for former expences give herself greater means of fomenting new war, & paying for the hii e of men whom she employs for her interest. 1 was in the confidence of the late Empetor before i his mounting the throne, afterwards charged with ' the Portefeuille Militaire, dismissed for not wishing to bend, afterwards placed in the College of Foreign Affairs, becausd Prince Bezborodko, dis- intended with the little worthless Abreskow, wish- ed to place me in his situation. Chance so order- ed that I saw myself at the head o- t foreign af- fairs. I would have given much to have seen vou - or your brother in it. Your refusal, and the pre- judice of the Emperor towards Count Alexander, induced ine to take the part of not refusing to ac- cede to the wishes of my master, persuaded that I should possess more means than any other, of preventing injury, and can boldly say that I have rendered essential services to my country, in three times preventing declinations of war against Prus- sia, and twice against the House of Austria, and in arranging the affairs of the sovereignty of Geor- gia, « hich may be considered as very important in regard to the Turk's, and by the time on account of the entire dominion of the Caspian Sea in Asia, and the drawing of part of the Levant trade into our ports. I have also had frequent opportunili- s of gratif; ing my own heart, in Sacrificing the self love of making my selt know n as t be author of good; I found myself sufficiently satisfied by its success, and I feared giving offence to a master who was Zealous of doing good by a spontaneous movement. It was I who caused the subjection of Livo- uia, Esthonia, Finland, and the Polish Provinces, to the general law of all the remainder of the Em- pire, of furnishing recruits; I obtained permission to establish commanderies for the officers, who in war distinguished themselves ; of pensions for the widows and orphans of officers killed. I suppres- sed the plan which the intriguing Pestel, previous to his dismission, had caused to be adopted, under pretext of augmenting the resources of the post, of forbidding all persons to take charge of let- ters, and giving the Governors and Com- mon lants of towns authority to search all i travellers and peasants. J obtained from the Em- j peror the establishment of a new State College for I Foreign Affairs, and tbe return of the excluded into the service. I remitted 2,100,000 rubles into ' the Post- Office Treasury, the revenues of whlih I doubled by preventing fraud and robbery. I saved the Crown nearly thirty thousand rubles, in the appointments of my person, for I never had any others than those of a Member of College, whilst I occupied the post of Chancellor, was i) i- rector. General of the Posts ( 11,000 ables) and might have occupied a house, & c. Women had no credit with me. I loved wine too much ; my sto. mach refused tae allurements of good cheer; adulati. on, baseness & intrigue could not reach me because I have studieei m « n. I have remained such as I was; I hav preserved my innocent friendships, and my heart and my hohuor went out untouched from ihat gulph in whieh all virtues are swallowed up. For two years I enjoyed unlimited credit, & I have done injury to no one. Calumny Vts pur. sued without reaching me; it has sold me to the French; it said i received plate from Bonaparte; forged letters to ruin Count Panin, & c. I leave it t to time to do me justice; aud iti the mean time [ enjoy the greatest benefit of divine justice, the tasting pure happiness in a retreat which 1 leive chosen myself. I reckon upon remaini ig ten years iu it, and afterwards of finishing my children's education in a foreign country. I have a fortune of 50,000 rubles rent, and 260,000 of debts. " I have s; iid nothing to you, in this long letter, Of the late Emperor: thirty benefits bestowed upon ^ me during a reig « of four years, close my mouth j and fill my soul with eternal gratitude ; hesid's, my eulogiums upon his good qualities might be sus- pected. The enly thing I can attest is, that this Sovereign, with all the means of reigning gloriouly, and making himself adored, never enjoyed a mo- ment's happiness, and died aa unhappily as he had lived. " This expose will not displease a man whose soul is so elevated as yours; it will serve to make it better known, and consolidate that esteem which yon have granted me. Every man has his feeling ; perhaps I have judged wrong, but the in. ten'ion was pure. Judge me according to my ac- tions, and pronounce. " I need not tell you how impatient I shall b ® to see your son. All that they write BI » from St. Pe- tersburgh renders him the more interesting, and must render you the most happy of fathers. Here is a worthy recompense of your virtue! Live a longtime, but when dying, rejoice that you ynur. self wili survive in the sou you leave in Russii." COPENHAGEN, OCT. 24.— On the 19th his Majes- ty executed grand tr. onajvres with 20,000 m « n, at Herocholm, six leages from hence. Prince Chirstian Frederick commanded. VIEW* A, OCT. 2 1.— The accounts of the ravn. ges committed by the plague at Constantinople, have been greatly exiggerated. We now positively know, that the disease had rather the character of a partial nervous fever. The Ottoman army still occupies the same ' position hetweeu tbe Danube and Mount Hemus. SEMI. IS, OCT. 8.— We have just learned from Orsowa,| that the new Grand Vizier, Reschet Pa. sha, was up » n the point of proceeding from Nissa to Constantinople, to receive instructions repectmg the command of the Ottoman troops who are at Schumia. The Servians now draw from Nissa different kinds of merchandize for their con- sumption ; from whence it appears, that the com- munication with Nissa is pr- ni. ionally opened, • a AMERICAN PAPERS. i From the Kingston ( U. C.) Gazette. His Honour General Brock landed here yeter- day from the Royal George, and was saluted by a discharge of nineteen guns by the royal artillery, under the direction of Lieutenant Richardson, in the afternoon he reviewed the militia, and ex. pressed himself highly pleased with their appear, anre, and the manner in which they went through their exercise. In thi » evening he was waited upon by the Magistrates, Clergymen, Officers of Militia, and others in a body, who presented htm w. th art Address, a copy of which, and his answer, we lay before our readers: - To his Honour Isaac Brock, esq. President Ad. ministering the government. of Upper Canada, and Major General commanding his Majesty' s Forces in the said Province. • " MAY IT PLEASE YOUR HONOUR, " We the Magistrates, Officers of Militia, and others, Inhabitants of the town of Kingston beg leave to congra- tulate yon on your arrival, and to offer you that tribute of applause and admiration which the conquest of De- troit must every where excite. That army which was to look down all opposition, that General, whose procla- mation denounced extermination to his opposers, were un able to withstand your judicious and intrepid operations- iind submitted to the terms which you were pleased to dic- tate. The confidence which your conduct and talents thus eminently displayed, have diffused through his Majesty's subjects in this pvovince, wilt, we trust, be shewn bv n general emulation of the spirited conduct of those of our fellow- subjects who had the honour of sharing in your toils, and participating in your success; a success so extraordi- nary, and so rapidly achieved, that posterity will perhaps regard it as a fiction of the historian, that you prorogued your Parliament at York on the 6th- of August, and that, after encountering every obstacle from roads and weather, ysu were on the 16th master of the fortress of Detroit, de- fended by 33 pieces of cannon, and an ariny of 2500 men, who laid down their arms before your gallant band of less than half that number. " kingston, 4th Sept. 1319. l o which his honour was pleased to make ths following reply : — " Nothing hut the confidence which the admirable con- duct of the York and Lincoln Regiments of Militia excited, could have induced me to undertake an expedition such as lately terminated so much to the advantage of the COUB- ' r. v, " I have reason, from thp reports made to me by the Officers stationcd at Kingston, to rely with equal confi- dence on the discipline and gallantry of the Militia of this District. It.], with the highest satisfaction, 1 understand, that in the mi^ st of unavoidable privations and fatigues, they bear in mind that the cause iu which they are engaged involves their dearest, interests, and the happiness of their families. " Gentlemen, believe me sensible of this mark of your esteem. This morning at one o'clock his Honour the Pre. sident left town, it is supposed for Magara, in con- sequence of hostilities being renewed. Extract of a Letter from Upper Canada. " A brigade of the King's boats, and a number of merchant boats, were attacked at Matilda, about three miles below tht Galot's- rapids, on the Ifith inst. ( Sept.) A detachment of the enemy cross- ed the St. Lawrence, a little before the dawn of day, and secreted themselves in a small island, about one hundred yards from our shore. They were accompanied by a large boat, carrying a field piece on the bow. A poor Canadian, called Tom- saint, and his family, are the only inhabitants oil this island. In the forenoon, a party ef the ene- my made him prisoner. At this eventful moment the King's boats made their appearance. The sol. diers were mostly at the oars, and their arms were incases at the bottom of the boats! While the guard ill he house were eagerly peeping through a small broken window to observe the advance of the boats, Toussaint slipped out unobserved, actually gained the beach, and got into his canoe before he was dis. Covered. He was pursued and fired upon, but hap. pily without effect. By his gestures and excla. illations he gave notice to the boats crew of their imminent danger, and they quickly fled to shore. The enemy's gun- boat dropped down below the Island, aud began to fire upon the troops, who were thrown into the greatest confusion, and had one man killed. At this time two very large boats, filled with armed men, were observed to approach from the American shore to the channel, at the up. per part of the island, in order to take the troops in flank. This movement, the effect of a well orga. ni'ed plan, would have secured an easy conquest to the enemy, but for the brave conduct of Captain Ault, of Matilda, who, with a body of militia under his command. was fortunately near. With the great- est intrepidity he aud his brave companions attacked these boats, as they entered the channel between the island and main land, compelled one of them to seek shelter behind the island, and after killing ft wounding a great number in the other boat, forced the survivors to abandon it and fy to the woods. The enemy lined the the inner shore with riflemen, & fired for some time; but Capt. Munro, with a company of militia from the next township soon ar- rived, & assisted in routing them. Thy fled to their own coast in great disorder. Toussaint's wife say* she counted more than twenty of them who were carried away either dead or wounded. Such was the zeal and loyalty manifested by his Majesty's subjects near the scene of action, that it is suppos. ed upwards of 700 assembled in less than two hours, and a piece of artillery was brought by land from Prescott, a distance of 1 1 miles." ( ORDERS. Adjutant General's Office, Head quarters. Montreal. Sept. 23, 1819- The Commander « f the Forces experts at this moment, from every department of the army, the most unwearied, prompt, and zealous exertions, in forwarding the impor- tant services now carrying on ; and he trusts he shil! in uo instance meet disappointment. Lieut.- Gen. Sir Geo. iV.- vosf also calls upon th » Officers entrusted with the command of posts of com : mnication Cor their personal sup.- rintendance of efforts to acce- lerate the movements of either troops, stores, or provisions, from their respective commands, to their iit- t n it • deci- mation. EDw. BAYNEs, Adj.- den. On Saturday last, the Roman Catholic Board held a meeting at the usual place of assembling in Capel- street, at which, after some discussion, it was resolved to give a public entertainment to the Friends of Religious Freedom, without any limi- tation as to the number ef the guests. A proposition was made, to express the disap. probation of the meeting towards such persons of the Roman Catholic Body, as had, during the late Elections, supported Candidates professedly fa. vourabie to the present Ministry ; the ultimate decision upon which was, after some discussion postponed to a future day that was specified. The Unity, capt. Twohig, arrived at Cove on Friday night, in ten days from Corunna, for the four last days of which, she had been beating off Cape Clear. The Captain states that the last troops which sailed from Cove, had disembarked at Corunna, but that on the following day they had re- embarked, in consequence of the enemy hav- ing occupied the line of march between that place and the Army of Lord Wellington, and sailed for Lisbon. This forms the entire intelligence brought by Captain Twohig, r Price of Irish Stocks— November 14. Bank Stock igja Government Stock 3 j per Cent, Its Government Stock, 5 per Cent gc> f Government Debentures 5 per Cent 100 Grand Canal Loan fl per Cent 98i Gitj Band « § per Cent f FOREIGN INTELLIGENCE. HAMBURGH AND ALtonA PAPERS. ( From the Altona Mercury, Oct. 30.) WARSAW, OCT. 17.)— Our Government yes. terday published the following Proclamation : " BY COMMAND OP THE COUNCIL OF THE MINISTRY. ' " Rumours spread by some cowards, who fled even before the arrival of the enemy, have excised anxiety, very unnecessary fear, and premature alarm. Possibly those measures of precaution, which were token in shutting the barriers, and which had only for their object the securing and strengthening such effectual means of defence as t « d to preserve order, and are. enjoined by fore- sight, may have contributed to increase and mul. t ply those idle reports. From accounts arrived ti- day, and which are certain and authentic, therp remains no longer any doubt, but that a tew insig- nificant bands of roaming Cossacks commit indeed some ravages beyond the Vistula, but cannot in the least endanger the safety of the city of War. saw; and the reinforcements which arrive here from dav today nil! very shortly change the aspect of atfairs.— Suppress, then, those false and useless rumours, and give no credit to them. The Su- preme Government of the country watches, and will never cease to watch over the prosperity of the city, as well as that of the whole country.— Given at'Warsaw, during the Sitting of the 16th Octo. ber, 1812. " STANISLAUS POTOCKI, President." Troops are daily passing through tins city, and we daily expect more. Some days ago we had here a division of heavy horse, a battalion of Velites, under Prince Borghe e, and a division of Hussars ami Cuirassiers; likewise yesterday a corps of 3,000 infantry. All these were proceeding to the gr and army, VIENNA OCT. 20.— [ f is said four regiments hnve received orders to reinforce Prince Schwart- zenberg. PESTH, OCT. 8.— The regiments of infantry uiu dur bellegarde and Strauch are to march from lience and Ofen to Gallicia. The Frimont regi„ merit of Hussars fiom the circle of Sumegh ia marching in the same direction. W - Have a report that recruits to the amount of 25,000 are- going to be levied in Hungary. VIENNA, Oct. 14.— There is every reason to sup. pose that we shall take a more active share in the war than we have done heretofore Several corps are now on their way to join Prince Schwartzen- berg, and the troops upon the froutiers of Tran- sylvania receive considerable reinforcements. Ba- ron Hillar is mentioned as the General- in- Chief uti. dei whose commanded this army of observation is to be placed; and it will, according to report, be augmented to the amount ot 80,000 m- n.— The Russians are not very numerous in that quarter. HAMBURGH, OCT. 18.— There have lately arriv- ed here, from Copenhagen, two officers, in the ser. VICE of France, who were long prisoners of war in England. They were there treated with the greatest inhumanity. Confined at first in a prison destined for convicts, they remained 22 days in a dungeon, where they were refused even straw to lie upon. During their passage to England, which lasted twerty- nine days, the Captain of the vessel treated them in the most improper manner, giving them only a small quntity of food, and that g.- ne rally spoiled, while the crew were well fed. This was not all; after a residence of some months in Devonshire, ihey were seized unexpectedly, and carried to the Mill Prison, at Plymouth, where they remained only four days, they were then put on board the Romulus, commanded by Lord Balgonip, who behaved in the most unbecoming manner towards the French Officers. he com- mitted all sorts of excesses, and even went so far as to insult some of them, without distinction of age or rank. When landed at Leith and its environs, the situation of the prisoners was somewhat improved. Thej lived on good terms with the inhabitants, whom they amused with concerts, & c.; but at last these intertainments were prohipited, & the inhabi- tants were desired not to associate with tin French, who, it was said, would corrupt English morals. The two Officers lately arrived assure us, that England never was in so critical a situation as at this moment; a great number of manufacturers were without bread. A fortnight before the departure of the Officers, there was a serious rising in Edin. burgh; the people pillaged the markets and the granaries. CASSEL, OCT. 17.— Gen. Count Lepel, one of aides- de- camp of the king, commanding the brigade of Westphalian Cuirassiers, forming part of the 4th cavalry corps of the Grand Army, died at Mojaisk on the 21st ull. of the severe wounds he received in the battle of Moskwa. Col, Gilsa,' commanding the 1st regiment of the same cuirassiers, is also dead of his wounds, BERNE, OCT. 14.— All the Swiss battalions commanded by General Belliard, are at present on the D na, under the orders of Marshal St. Cyr. WILNA, OCT. 10.— Our Gazette contains the following. Declaration, made in the name of M. D'Engenstrom, Minister for Foreign Affaires in SWEDEN : " Furnished with full powers from his Excellen- cy the Count D'engestrom, Minister for Foreign Affairs in the kingdom of Sweden decorated with the Grand Cordon of the Legion of Honour, and and other Orders, I accede in his name to the Con. federation of the kingdom of Poland. " He, who in the years 1789, 90, and 91, be. ing Swedish Minister at Warsaw, gave so many proofs of attachment to the Polish nation, that he drew on himself the hatred and vengeance of the Cabinet of St. Petersburgh ; hp, who has consider, ed it as the greatest honour to be admitted among ihe Polish Nobility ; he, who in various missions from his Sovereign, always received the Poles as bis countrymen; he, in fine, who had formed the design of spending th « remainder of his life among US, had not the esteem of his Sovereign and the wishes of his nation called him to the elevated office which he fills, has doubtless sufficient recom. mendations. " I trust that the Council general af the Con. federation of the kingdom ot Poland, will cheer, fully give me the attestation of the accession which I now make, in order that by sending it ' to Stockholm I may fulfil the wishes of M. D'Enge. Strom. ( Signed) " The Abbe WOLICKI " " Warsaw, Aug. 22, 1812." LAW INTELLIGENCE. COMMON PLEAS— FRIDAY, NOT. 13. H. E. TAAFI'E, ESQ. v. THE CHIEF JUSTICE. Mr. O'Connell appeared in Court this day, to make his reply to the arguments of Mr. Penne- father, as delivered on Tuesday last. After a few prefatory observations, Mr. O'Con- nell said, " the question involves gnat constitu. tional principles ; it does not depend upon mere techinal rules or technical reasonings, but must be decided upon consideration of thp nature and ex. tent of personal liberty in this country, and the sense Judges have of the rights of the subject, and the redress they are entitled to avail themselves of for the injuries they suffer. Little aid can be obtained from modern cas « . The simple ques. tion is, whether there is a class of Magistrates in this country entitled to issue their warrants, with, put any information upon oath, and without any crime having been actually committed, and entitled upon such warrants to imprison any de- scription of the King's subjects without remunera- tion. If the Court decide with the Defendant, they establish this monstrous'proposition. See wiiat the action it. It is an action brought against the Defendant for false imprisonment, and his justifi- cation is, that he is Chief Justice of the King's Bench. This is the proper form of an action brought against a Magistrate who issues a warrant. The case of Morgan v. Hughes, in Term Reports 225, proves that it is the only form of action suited to such a case. This was an action of trespass, the Defendant being accused of haviug issued his warrant, and maliciously arrested the Plaintiff. There was a demurrer to the declaration, and judg- ment was had that the action should have been brought for false imprisonment. What is the na. ture of the present defence ? The mere assertion that the Learned Defendant is Chief Justice in the Court of King's bench, and the assertion of the mode he adopted in imprisoning the Plaintiff. It does not say that he dispatched his menial servant with such commands as he pleased to give, but it does say that he granted his warrant with such re- citals as h'S imagination suggested. This is the real language of the plea. It cannot be aided by intendment— no presumption can be made in its favour. On the contrary, the first principles of pleading require that it should be taken most strictly against the defendant. This is the rule laid down by Lord Coke ; ( Coke Littleton, 303,0) and to shew that this gem ral rule of pleading most directly applies to justification, Ibegt. a refer you to Cummin's Digest, E. 17. Nothing, therefore, can be in ende ! n> • ond this allegation, that the de. fendant was a Magistrate, and arrested the plain, tiff by his warrant. Th> Court cannot supply the allegation, 1st, that the crime was committed j shat the plaintiff was one of the persons con- cerned in that crime; 3d, that the defendant knew or suspected that the plaintiff was so concerned.— These are clearly material and traversable allega- tions, upon which issue might be taken, and the fact tried bj a Jury ; bu1 no Lsue tried upon this plea, can bring any of these facts into controversy. Upon the trial it wouid not be neceSBaiy for the defendant to prove any of tiiem ; so ' hat it is clear that if the demurrer be over- ruled, the Court will establish a right in a class of Magistrates, or in some of them, to arrest without knowledge, with, out suspicion, without a crime, without, a criminal act. The class to which I allude, is the Lord Chancellor, the ibord Treasurer, the Lord High Steward, the Lord Marshal, the Lord High Con- stable, the Four Judges of the King's Bench, and the Master of the Rolls.—( 1st Blackstone, 350.)— I now proceed to show, 1st, that the plea does not state any matter sufficient to justify the imprison, ment of the plaintiff; or in other words, that the tr - pass is manifestly a fale imprisonment, not. withstanding, any thing alleged an the plea; 2dly, that there is nothing slated in the plea sufficient to bar the action for false imprisonmant, against the defendant. If I clearly establish the first, I think I shall go far to induce the Court to decide the se. cond proposition in my favour. Now, as to the first, it seems unnecessary to go beyond the un- repealed clause of the Great Charter, namely, that " no Freeman shall be imprisoned unless by the judgment of his Peers, or by the Law of the Land." Here I may rest my client's case, and call for that judgment of his Peers, oi that Law of the Land, which dragged him, without the ordinary courtesy of summons or notice, from his'family ; which asso- ciated him thro' the streets of this city, as if he were a felon, with the thief takers of the Police.—• Where is the judgment which condemned him to sustain this inconvenience and contumely ? There is none, my Lords— it is not pretended that there is any. And for Law, we are presented with this warrant; a warraut not only assuming but creating all the facts, and fortified by nothing but its own allegations, commanding the arrest of the plain- tiff— a warrant distinguishing, it is true, be. tween meetings for the purpose, and those held under pretence of Petitioning Parliament, but declaring guilt in either case. But can it be insisted that this warrant answers the description of the law of the land ? It seems to me to^ be a monstrous proposition to call it so; and. indeed it would be more absurd to call any man a Freeman who was subject to such a law. He would be the abject slave of caprice. I know, my Lords, that a statute, the 37th of Edward the Third, chap. I. has explained the words legem terra to mean " due process of law." Here t wish it to be distinctly understood that I for the present concede in argu- ment, that which in point of law I could not admit, save for the sake of argument, that the supposed offence charged upon my client, is one for which any subject is liable to arrest before indictment.— It is not a felony, nor a breich of ihe peace, and therefore I do not think an arrest before indictment was justifiable in this case; hut for the present I concede that it would have been justifiable upon " due process." And if this warrant be " due pro- cess of law," is the present question. I have alrea- dy shewn that this warrant is not grounded upon airy evidence, a suspicion either of- an existing crime, or of the plaintiff's being a criminal ; but to sanc- tion an arrest all these ar « necessary ingredients iu a lawful warrant; for no arrest can be made hefore indictmeni, except there he either first direct charge upon oath, stating the existence of a criminal, and that the party actually is, or is not suspected ^ to be a criminal; or secondly, strong and rational sus- picion, declared on oath, of the. crime ard cri- minal. That this is the utmost extent of the regal doctrine of arrests— that these are the legal grounds to justify the granting of a warrant, ap. pear from all the books; 4th Blackstone, 289; 2d Hale, 108, 110; 2d Hawkins 135, 6. Hale,, in page HO, represents the necessity of examining the parlies requiring the warrant upon oath, as to the fact of the existence of the crime and the cri- minal, and Blackstone says, that without such oath no warrant should be granted,' and the same law is laid down by Sergeant Hawkins. By consulting these authorities, my Lords, yon will find that I am borne out in asserting that this is the very ex. tent of the law ; for more ancient writers, as Lord Coke ( 2d Institute, 51, 52) had asserted that be. fore indictment or presentment no man could be ar. rested,' and all that hale, Hawkins and Blackstone contended for is, that Lord Coke is mistaken, foi that if there be a charge upon oath, a warrant to arrest may be granted before indictment. This point, namely, that a charge upon oath sanctions an arrest, is the utmost they contend for, and Hawkins concludes his observations upon the sub- ject in these words: ' yet inasmuch as Justices of the Peace' claim this power ( that of arresting be. fore indictment) rather by connivance than any express warrant of law— and since the undue execution of it may prove so highly prejudicial to the reputation as well as to the liberty of the paity, a Justice cannot well he too tender of his proceedings of this kind, and seems to he pu. nishable, not only at the suit of the King, but also of ( he party grieved, if he grant any such warrant groundlessly and maliciously, without such a probable cause as might induce a candid or impartial man to s. uspect the paity to he guilty, ( 2J Hawkins, 135- 6.) We have then ;; ot to the extreme of the law when we arrive at arrests by warrant', granted because of a charge established by oath ; and an extreme which has been resorted to, not because it has the sanction o' an express law, but by means of its necessity, to prevent the escape of felons before they could be in- dicted, and from connivance at the long used prac. ( ice. It is not, indeed, in cases where it applies, ! now disputed, because in addition to the autho- rity on which it rpsts iu the direct opinion of the " Sages of the Law," it has been recognised in gome cases of felony by those Acts of Parliament which direct the manner in some instances of giving bail upon such warrants. But there is r. o where to be found any case or any allegation of any law writer carrying the power to arrest further ; fori need not detain the Court by any c ment on the passage in2d State Triat, 5.0, which refers to Trogmorton & Allen, ( 2 I Vol I, Abi, 55- 8.) Mr. Perin has, with the abi- lity and learning h discovers on every occasion, shewn you, that Hale must be understood as mean, ing that the warrant of the Justice is a justification , to the Constable who executed it, not that the Jus- : tice could protect himself bv his own allegation. This distinction . familiar to your Lordships,' and j although . Mr. Foster seemed to rely on the pas- sage to sustain the defence of the Justice who is. sued the wa'rant, yet Mr. Pennefather felt himself bound to admit that the passage is merely applica. ble to the Constable; and the case referred to, Trogmorton and Allen, is accordingly the case of a Constable. There is, therefore, I repeat it, not even a solitary dictum in the books; and if there had, the research of the- Counsel for the defendant would have discovered it. There is not, I confi dently assert. it, a single assertion in any La* Book, that a warrant may be legally issued with- out a charge upon oath. It follows, therefore, of obvious and inevitable necessity, that this Warrant was not legally issued. It was not then" due pro- cess of Liiv." My client has been illegally, and against the provisions of the Great Charter, de. prived of his liberty. The defendant is guilty t f false imprisonment. This brings me to the second point;— for it is alleged, that though the arrest was unjustifiable, a though the defendant be clear, ly guilty of a trespass and false imprisonment, yet he is not respensib'? for an action in damages ! In short, that although he is not infallible, still he is inviolable; but I trust, notwithstanding, I shall be able to satisfy the Court of my second proposition, namely, " that the matter sts 1 in the defendant's plea is not sufficient to bar the action for this false imprisonment." The plea Contains nothing but the fact which appears on thp face of the declara- tion, viz. that the defrndant is Chief Justice of the King's Bench, with all the authorities and rights belonging to that office, and that he, as s- : W, ar- rested the plaintiff by means of a warrant. Upon this allegation, the Counsel for the defendant eon. tended that no action lies; and, conc. ding that a trespass has been committed, they say, that this is one of the instances in the Law, where there isnn injury without means of compensation, because the defendant, being a Judge of a superior Court, no action will lie against him. It is, my Lore's, rea- dily admitted that tlo action lies against any Judge for any judicial act whatsoever; but we insist ; that it does lie against every Judge for Ministerial ; acts. This distinction was taken by Mr. Perrin, , and sustained with his usual force and ingenuity, i It was admitted by Mr. Foster, and although • not expressly admitted, | yet it was, as I shall shew distinctly, recognised by Mr. Pennefather, who, however, has amisunced a new proposition, namely, that no action lies for any act of a Judge of the superior Courts, adding in the mean time, j any act done as a Judge. Now, if by acts done as j ' a Judge he means judicial acts, this is conceded.— | If he includes Ministerial acts, and that the Judges of the superior Courts are in no wise responsible in actions, although for the same acts, and within their jurisdiction, inferior Judges would be responsible, this is not only denied, but the charge of a " bold attempt"- to subvert a prin- ciple recognised in every case he has himself cit- ed, is retorted, and justly rrtorted oil the ( earned gentleman ; for in Hammond and hoWell ( 2 Mod. 218) quoted by him, the Court expressly says, ." though they ( the Judges) reie mistaken, yet they acted judicially-— and FOR THAT REASON no action will lie against Defendant." For what rea- son? Not because the Defendant was Juilge of any particular Court but because he acted judicially. Ami Floyd v Barker ( 12th Coke, 23) also cited by him, this distinction is ex- j pressly taken ; " A Judge or Justice of the - Peace cannot be charged for conspiracy for that which he did openly in Court, for the causes and reasons aforssaid." The two next cases cited t: the. Learned Gentleman, not only confirm the rfs . tinf. tWn we rely on, but illustrate its in practice. These cases are Barnardiston r. Soames, ( 2 Liv. 114) and Ashby arid white ( i Lord Haymond 938.) In the first of these ias-* it was held, that no action would lie for falsely and maliciously making a double return to Parliament. Why? Because the Judges were of opinion that the Sheriff acted in that respect judi- cially. In Ashby and White it was held, that for rejecting the vote . of a person qualified to vote at an election, an action J would li" against the Sheriff. Why ? Becausp, it was i. eld that the Sheriff acted in that respect ministerially. And this distinction is further recognised » vd ac'eri on, ill the next case cited l> v the Learned gen. tleman, of Miller v. Seares ( 2 i> blackstone, 1141.) where an action was held to lie against the Con - missioners of Bankruptcy, for improperly commit- ting a man for not answering satisfactorily , it was held to lie, because their office was considered ex- ecutory and Ministerial, and not Judicial ( To be continued,) COURT MaRTIAl Copy of a Letter addressed by his royal Highness the Commander jn Chief, to General the Earl of Chat- ham, K. G. or General Officer commanding in the Eastern District, dated. HORSE- GUARDS. MY LORD— Having laid before the Prince re- gent the proceedings of a General Court Martial, held at Chelmsford, on the 30 h of December, 1811, and continued by Adjournment to the 10th of January, 1811, for the Trial of Captain Richard Frizell, o ihe Is. Royal Surrey Militia, who was arraigned upon the under mentioned charges, viz. 1st —" For disobedience of his majesty's Orders. in hav-- ing, during the whole, or part of the periods between the 1st Sept 1810, and 1st Sept 1811, neglected to pay his Company himself, and for allowing Serjeant John Medl- ley, t'o do so, bv which means the comfort and interest of the soldiers were not attended to, the men were charged more than they ought to have been for neeessaries, or than such neccssaries were worth, and the soldiers were subject- ed to various impositions ; such conduct being highly de- trimental to his Majesty's service, and to the prejudice of good order and military discipline 9d—" For highly irregular and unmilitary conduct, in having, during; the whole or part of the periods between the 21th of Feb. and 6th of June. 1809 - drawn pay ( or al- lowed his pay- serjeant to do so") for private Joseph Wood, late of his company in the lst Royal Surrey Militia, a}, though the said Joseph Wood died on or about the 22d Fe- bruary, 1809." Upon which Charges the Court came to the fol- lowing decision :— the Court having taken into their most serious consi- deration tijc evidence produced bv the Prosecutor and prisoner, as well as the defence and reply, me of opinion, that the Prisoner, Capt. Richard Frizell, 1st. royal Sur- rey Militia, is Guilty of the charges preferred against him, in breach of the Articles of War, and do therefore sentence him to be dismissed the service ; but in consequence if the good character given him his Colonel and ; other Offi- cers of the regiment, as w. the. documents produced before the Court, beg leave command him to the cle- mency Prince Regent." I am to acquaint your lordship, that his Royal Highness was pleased, in the name and on the be- half of his Majesty, to approve and confirm the finding and sentence of the Court. Your Lordship will therefore acquaint me with the day upon which the sentence is made known to the Prisoner Captain Richard Frizell, as from that day he will cease to receive pay in his Majes- ty's service. I am, & c. ( Sign- d) FREDERICK, Commander in Chief. COURTS MARTIAL. On the 2d inst. a Court- Martial was held on Joseph Gibson, Seaman of his Majesty's ship Loire, for stabbing, with a knife, Lieut. Richard croker, Officer of the Watch, on the morning of 23d of Sept. on the passage from St. Helena to england. It. appeared on the evidence, that Lieut. Croker had reported the conduct of the prisoner to C. tpt. Brown, for making use of a vile expression towards the Signal Midshipman, on the evening of the 22d of Septvmber ; that on next morning, between the hours of eight and ten o'clock, he ( Lieutenant Croker), being Officer of the Watch, was returning from giving orders to the boatswain on the fir. castle, when h « heard his name called ; on turning round, he saw the prisoner standing as if wishing to speak. tn> him ; on Lieutenant Croker approaching him, the prisoner said in a loud voice, " you have reported me to the Captain ;"— Lieutenant C. replied, " i have," and was about to add more, when the pri- soner pulled out a knife, and stabbed at him with all his force, wishing to hit him in the breast or neck ; Lieut. C. sprang from him, by which he only received a wound in the shoulder ; Lieut. C. then endeavoured to seize the prisoner, buat find, ing he could not make use o4 his arm, in conse. quence of the wound, he succeeded in retreating to the quarter- deck ; the prisoner at the same time brandishing his knife, and pursuing him as if la make a second attempt, exclaiming, " I'll be hung for you." He was then secured. He was found Guilty, and adjudged to suffer death. On the same day a Court Martial was also heldi, and continued by adjoUrnment until the following day, on Captain Lynn , of his Majesty's ship Eclipse, upon a charge of detaining the Lord Minto cartel, employed in the conveyance of the French Garrison at the Isle of France to Euro- pean France, upon pretence of some irregularity in her papers, and a supposed breach of the na- vigation laws; thereby acting in an improper, un officer- like, and unjustifiable manner.— The Court agreed the charge had not been proved against the said Captain Henry Lynne, and did adjudge him to be acquitted. On the 4th inst. a Court Martial was held on Moses George, Master- at- Arms, Mr. W. Bailey Brewer, Purser, and Mr. John Pigot, Clerk of his Majesty's ship Iphigenia, the first named for in- ducing three of the North Cork Regiment to de. sert, aud enter themselves on board that ship, and the two latter for aiding and abetting in the tran- action.— The Court agreed that the charges had been in part proved against he said Mr. W. Bailey Brewer. and did adjudge him to be severely repre- manded ; and that the charges had not been proved against the said Moses George and John pigott and did adjudge them to be acquitted. DUBLIN PRINTED BY E. DOWLING 11. FLEET- STREET
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