t -4.
1 '
I ;v ... -fr?
r: l;
. . .. ? -
J, V
; itlrigo, ; jancl 7e .suppo:V tee' JoniM mar-
luNcyP-1?1-11' fortress
V" ?7hich Vill now be thejfc6bjcctf. serious
Y '
- w
ontenuqn; fTo;both partus its possession
. of the utmost importance; -To the
French, as it would favour their, designs
txpon Oporto and the JJorth of Portugal,
and force the allied army southward 1 and
to the Allies, as it is , an interesting point
between the enemy's , division ' in Leon and
, Estremadura. Ciudad Roirigo is, howe
ver a place of considerablestrength .lvith
a formidable' garrison, and though the
French have brought their heavy artillery,
from Salamanca Jor the purpose of com
mencing the Vtege, it is not likely, were it
even leit to usen, suuu w suircuuci.
tained againstf the .Prisoner for htiirder; it has been an -invariable ' custom to state
though good for 'mah-slaugtier. ; The iu "dhnnsions. ' i : -;?
Judges, after taking time fordeliberation JpgeAYjpbR vas very "sorry that'it
decided, it-was iiinderstobdi ainst'uhls wias not in his power; to concur in the opin
exception, though 'no opini on .was yet de- ions whicli had jjee'n?deliVered fay hisT bre-liycred-
And on Monday, .the original thren.HeJ howexer, culd?place put ilit
exceptidn respecting the size of the wound tie. confidence m his vownpinion,- since it
or wounds laid !ih the Indictment tb have was different to day from 'what it wai ; yesi
been mortal, , waa taken lip and . argued at teyjVuHftheii whiu
considerable length by Mr. : Seawelf : for could not be1 sustained i but upon fa' more
the -Prisbner and i Judge Potter for the careful examination of authorities," hS now
Stater fao other !of the former Counsel ap- thought otherwise, i He had looked) into
pearing on this Question. On Tuesday West's- Boolc'of Precedents ; and thbugh.
morning, at, me meeting 01: tne ourt, aiia occnstateo, 1 precedents onlv shew
t..J t j ..Hi- -i '1 - 1 till ':nfA.." x"i v . j
ho tnought; the. vindication 'xcmpleteV that- rl
Mr. Erskine had Complied with the spirit"?
of luY instructions': but that'those instrurl" K k
tions We 'nbrdraTOp witM L ;
they ought to: have been, no widi due at- f )
tention to a law which had been ? recently; v "'i
passed in ; America; Understanding how-: v -
ever, that an intercourse wa$ now in'neim X'' r.Z I
nation with America,' tolwhlch He hoped a V V iV
1 y ui auic issue ue oiu not wisn1 to Urce a- '
But the movements of the armies indicate Judge Taylor, delivered at length, theV the pinions1: of the. writersV yet prece-.
it ; and as it appears irom auvices irom ww--w wwUv ..v. uv maaiwmcui, xc au.- Aw-."cfUwjrutic 01 mo'iWTllerww
'U' Oporto, ablate as the 10th of May, the ded that this was the unanimous opinion of -Such ds they are; they had lndUcedhim
Frvnch approached vhis advanced guard the Court., Respecting the exception ta- to change his opinion. , Taking up West's
an(t drove in tne piquets, x nis move- uuv'"u,'u w giuuuu uwu- ifi, cau jtuc jiauicmient wmcn
.r,f rlrwn Lord Wellintrton from the, dimensions of the wounds were notstaH hadbcen produced bv the Prisoner's Cnnn -
Vizen, who, with 22,000 British and 14,- ted, Judge Tay lor pbservedj that the sel. Looking further into the book, he
000 Portuguese, took the direction of Al- Court was divided in sentiment, and each und a precedent where a person is rchar
.wU:j, tU th infjtwas advanced member Would therefore deliver his own ged with strikinorivith'a club he is'stated
about three leagues south east of Almeida, opinion. . to have struck, wounded1 and . mal-treated
The French armv is, commanded by Ney, Judge Henderson observed, that if the the ddceased, who languished an'4 ; died,v
wind with the force under Juriot, which has Court was1 now about to decide on the pro- but therels no description of the wound.
probably ioined Him, and is said to amount Priety ot requiring the dimensions of any tound another precedent, where;a per
to
trOt$
J.".... , ' r;-.n:VliWk
ic 4ucsuon wmcn ne nad meant 4 ; f
to haCe'done; irihatnegociatiou nad com V ib i
mericed. -. r
ivlr., Canning expressed surprize at the v - i ' 1 !
course pursued by the Ijonourable gentle-" Jj'V '
man,, and thought lie had. a right, to com- f -V -:
plain orhis want of candour in 'thus de- i , : r
serting a discussion; which'forjso long a ' ' J
Vme had, appeared anxions to; bring ); '.:
fopvard. :.For,.hia ownrpartVhe' had;al U':t
ways' courted i: as the only way in hicl&v . '
he could shew tQ the world,' that what be; ; . f
had done in his official character witlirc"' .14 i
pectto iYir. rsKine wouidbear theisiiicuv
est and , most .minute investigation and
that heonly acted inthatusinewS as theT." -dutylhe
owed to , his majesty, ;who hadtlpla
1flmin the.offcehejthen held; and tbK.
his own character, had absolutely :bipel-f-;
led him to do: fheh thehoii6iirabieTen,
demanthought it'necessarv to move-
ertiPaPers on the subject,'' he noVonlyv
abstained from objectiner to Uhose -Daners.
but actually moved for many others .which'
f ' -
-1
30 OOOmen. Vitner aivisions are, now- ,wvu,,u v,,a,8v'u 111 ai uiiucm. iu uc v6u swng, wounoipgano
.1 u:-w. ,i uuk;i;mt nfn morta . ne, snouia . , be 'cienriv nt nmmnn MIalleaunc!. withoiitHeihirifKAWniTirtri i
k ttl will he determined bv the resnective tnat t was unnecessary ; but as immemo-1 From these precedents, it- appeared Ahat
...... . . I t , . t ti .1 "it I ...'... .J.-T. r. . . a . ....... :
proportion of force. It the two armies ai custom ana au tne autnonues, nave v i iter aia, not consider it -necessary ponouraoie,, genueman.did notvkow , , i7
aoproah near in point of numbers, weap- determined, though not for-reasons satis- whraawDundwasinflictedifthaclub pr of, , in order to throw cverv possible l!ght V '
prchend that the French will prove shy of factory to his mind,-that Wherever a death stick, that it should, be particularly des 0?e subject in all its bearings, Tere? L , v
ftj-hting. They will probably 'linger un- ls stated t0 be occasioned by a wound, the cnbed. These precedents, the Judge ob- wasnothing for .which he wa:s more Lx-- f
til thev are joined bv powerful reinforce- length, breadth, and depth oi the j woiind served, led him to look into the lingH
mntsi and idd to their chances of success must be described, where they are capable Common Law, by' which his opinion .was ject should, be (fj entered,, into in the fullest-; vi.
by the superiority of their numbers. of description ; and as the word"wounds is confirmed, as fullyas. it could be here. manner. s Heajpealed to; the. house 'for :- Ufl
The small bands of the patriots are on usecl in this Indictment,' the dimensions. The Judge said he had rad whatr East the truth of , his assertion' that he hadine- - Vvf
the alert in the different provinces with va- of those wounds ought to have been stated, says on the subject, wber? , he states' 'that. v-r said any thing tending traduceTthe :- ' ' i
Tious success Romana has repulsed an The Judge observed, thara Precedent had m all cases of doubt,, a statement; which ' chaMte-iolwVIrtokwnc. r.He had 'i&nnrV' U-
oz, and O'Donnel shows 5CU Pmuucea irom west, wnicn aa not "cWa mat ueatn mignt ensue is sumcient, f;e-aiarmeu,vtnatmr.rJi.r5,kmena
a more powerful and seem to make this.necessar- j but, he said, and iiad asked himself, .whether the jivound ad cP"trary to hiainstrucqnnotnlViV; i t ,
real -ervice to his tms was not autnnty ; it was a mere pre-1 given to on way is so desenbedm the .ln-ias.1.0 uie. ietiteri outne; spirit o; thent anct . f
i " cedent upon which no judegment iiad pas- uictmem, i as probably ' tq , occasion death ? i he .wa&j ready , to ;:make it appear jn argu I - s ;i'
The exchange of SU anQ ine omission mignt nave Deen e answer was m the, alhrmatiye. ; menr, wnenever; tnevnonourable Vgende- - v ?
c nrtffi- ih I uy uuawc. vu.. cxainuiiniT au tne Auuicunenu tne . I nnirft nhservn i (UwUw vtvauy otuer oi-.iviri.rskinft'ii.trifnrta'5d ..:?:.:W
attack Upon Badaj
tht he only wants
efficient force to do
country. ,
Summary of Events
prisoners between thi
has already commenced 6n an extensive books, he could find no authority where a is jn the same words xfith. the .precedenul f hpuldc
scale. Fodr cartels sailed from Plymouth death is charged in, an ' Indictment to be m West, except as 0 the word al-V
n Thdav the 15th. for Morlaix. with rF'u""u".v' wuuuu wuere uieuimensions , v"". ipunaup tnev iat
onr y-nrV. r,rUnner on hoard, ma- the wound are omitted. It is not for which is of np'consbouen
.UI J W V w . - - ww - - " ..ww-.
ter, wincii r wuw,; aiwr oe naa.stateci j
V". . i i that it certain doCwUnents,were brought for"
ed, he jbame ardv n would appear, that his (Mr, Can...-. ;V
conseouencei
liy of whom had been several years conn- Vourt t0. 'dcte;ne why this descnp- finally, the. Judge observ
ned in this; ; country. Ihese will be tol
lowed by many others, as fast as the car
T: ii . ; : : 1
xeis return witn our prisoners iu cahiuiiuc. - . --- - - 7 - --- ,? 1 , . - . orr;Tf C"7r" Tr
A German paper states, under date ifc V 1 r onu , c , ; . T f - 1 ?8r.Sinc!
. . . v v n w. : a. a ww-... w.ba 1 r in ri ii T r a nw-wK. . .1 1 m r vt r a wr. ' -- i w . ty .
from Semlin. the 18th ult. that the I cam- J UU8C vv
- .- . I . 1 1".! .
v. T,.vir w.ioo tins inaictment
or men
paign
Ti-vrl- hpfr nnptipH hv roiti ftTcirmishinfr. nnri 1 111011 men,.
would be their unanimous opinion that the therefore of opinion that the AincQctment is ma
at one hundred and fifty thousand men. description ot themafthiiV Which.e dc- ' , , j ,-r J whh he-
The disturbance in the Tyrol, mention-
ceased1 Came
y 7."":v D..i!fAii.L'
rl in one of onr late numbers, had their UUL " u,c ww
WV w- . ,
dritrinin the attempt to enforce the Cdn- tneourt may
rto nis i;aeatn was. sumciem. 1 j uugc juucke agreed . entirely frjxn;uii . w.-uviw.ms .majesty recall. ivir v rp . ,.
has warotrierWtse.vhouch opinion delivered by fudffeiTavlprrWjEskineYo , 1 sr
not 'st;?5 the- reason upbfh the same reason, andMfrom the authorities tiohs;:ahd. he whould.have d&e thei samel; - l .J
serration system among those, brave peo- which this -law' is FoaBtied; they must be quoted by him; .and , which lie deemed Uu
The reduction of the Danish island of that wound capable 'of description, must . ;'. 12 . , Jl1 e, had in;iewprld,; even tHb'sbe.y. -V;r
v. , , .1.. n x- be describedi ; in rfrder that fTonrtik mavl ne Anuictment Upon Which Owen AraS had been. annointed h
LBornnoim m tne .oauic, it is .unucrsiou, 1 7 - . J ' r ; ' ,7, . 1 1 trip A
committed
was the nrst ooiect 01 tne neet unaer Dir. jm. o j , - " w uv.,,
T. Saumarez, and from the state of its de- mW nave Deen produced by them. It
fencesV it is supposed
fallen an.-easjfconquest
Ttr' f
-tne report ui u uu .,u.tuui5C 1 of the wounds beW reouired thev The Supreme Cburtadiourtted c
having been suspended, is. contradicted in ITIX. IJa S Su! da'v 'evening - ."- -
hp IV. York letters 01 the 1st ot March, t "- ""F-wo-" , & uc xauuiuu-i , . vr . ,
xvhich likewise .state,. that no further pro- ties to end and1 Uncontradicted,; ex
1 : ".-'Iww -4 W - M . - I -wr A w- a K 7 A. w
rresi had been Inade in Mr. MacoriV bill. cr,t
B v w w . . , . 1
mpocnrp of imnnWiinrp liVflv to he ndon- I uciauw
.v,..o w . r- A 11 ..u
ted until the return ot the John Adams l"c
being adjudged! insufficient, he was kme.was an entire, stranger to him ; 'jmdr1, ?
itted to answer the samV charge:up: when he.fo'unhim acting in : such V man- .!6
Aut?T. fn1 dangerous tendency. For, thereasonw-Vrs''
1 ' he had "repeatedly given it was impossible ;r
- r-' hf,e9W ave any: view,topersoh4;hpsulii
reasons stated bvnts'Brotheft Hen-1 ;DSpwwnVninflMc hn the line of hisdutv andto.iustifv him--v; fv-
.ought not tor set aside the others.. ; . . o,r, . I self with respect to. the conduct, that Mr-, ; V--..
exceptibns' to ; this tiile are cases 1 1 x ' , AMERICAN Dtsptrf E. v Erskine's deviation ' from. his instruction V f .
nic ,huuuu cunuui ue uescnoeu, i ; ivir. -vvnitDreaa rose, v ana said. tnatlw,JA1jJY"cw fm atwp-f ;r- t-V 1
, such as where a limb is cut off," or the bo- ha'ving.teacj and considered certain papers!. 'Wpubread v ,
y dy run;through. In his opinion the" H laid befqr the Hoiis
dictment is not good . : j 1 gociatidn 'Whicft .was.carried on between jnrninessjrprcandor., , ,to sayy f vv.
Judge Hall supposed ft Was urine'cessaiV I Mr.Ersxine and the niatter stbpd, hejdid nbtt T .
for him to add anything to whathal been I merit, he' ''yas fhdw perfectlv prepared to I think itnecessaKr. to proceed -my furthet?: rlt:r,
sel or stated bv his Brethren Henderson and I Atatfs dnimon unon them. . Th Ria-httin iU' If the ticrhthonfrentlemen thought - -
which Lowriew 1 It might benecessanrto eionire I HKrJrVftntlernari. 'his niaiestv la'tp TRtrL "I broner tbtakeun the matter 'and malre.a VL
urdcr- what the Common Law of Ehfflarjtl was itarWoriorei rheeti ":1 7f.
, at the when it was adopted by .this:'countrW'foH Mfi lEfskirie with hav-Ihim on it. , j' ? l ';;:'V . 1
In jsuch as it was, it must be observed! thacl I inHeparted Widely frdni bo'tH "rthe letter tr,Mr Morris, hopedithe house wQuldiin-ri ,
arneron, been very.Tiroperly observed, that Ut the and 'sriirit of hii instructions. Mr, Erskine ( dulee him. with 'a few iobservationsi on this : r A t
1
Raleigh, July 12, 1810;
"On Friday .lastcame on to be argued
before the Supreme Court, in this city.
the exceptions taken bvxthei Coun
Tohn Owen to the Indictment upon
he was tried and found guilty of m
mg Patrick Conway, of this city
last .Superior Court of , this county
addition to Messrs. beawell and C
Mr. F. Brown, oi Halifax, appeared as Co urtx.wa's- now miet for determiningTn J denied 'the fact V and thebuetion at issue
counsellor tne rnsoner;.tne Attorney- what manner Indictments: bfr this : kind! inth6 fact of Europe wast whether or not
n; gentleman had deviated from
' He for his town' i part was per-
ception origmallv taken to the Indictment down in the, booksi would bt 'consider- founded acainst the richtrhohbiiefrln;
jrciiiuvc lu ,uic ucanpiu ui s mc wuuuu,i ea as evincing! Dut , nttie Knowledge 01 1 tletnan. .put5
; to take: up another which, they alledged legislation; IThe reason given. by;, writer! Here theXhancellbr of tSexcheqiier.
would prove fatal to the bill, as an indict- for observing -this particularly is, thai rose;and debrecated! the progress ofijthe
,7 . ' . . . ...- ww. , Ulv wuuu wajr avv ui4t mc huuuuis uvu 1 iion. tgenucmmiiu t spectu, wiiicrt mignt
the killing must be done feloniously & with as might'produce death. -Thecauses of lead-to an irregular debate, therebeing no
malice aforethought. This, the. Counsel death appeared to .'be laid with sufficfe'nH nTiWtmnefor the hoiiW.l1 " - '
for the Prisoner insisted, did, hot appear cert Indictmeht but as we " MrnYhitbread threW himself upon the
1
;fromthe Indictment. They allowed that findfromall our ;autfiorities, from Coke indulgence of the lious' and hopedd be
r; the assault, was properly laid to,, be made down to East, that wherever, deatr is sta- permitted to -say a fe'w; (remaining vords.
feloniously and;with malice aforethought, ted td be 4 produced, by v a wouhdthe. di- He did not bring forward any mouori;on
;was.whciiibstqucnt stnto beat- mehsionspfthe woundmusY.be given, it this'sybject "3 he wished to saVeihe house
jnghbut they insisted that tjiat part of thj, cannot: now, be dispensed withi; Ut-ap- the 'trouble df a discussion Ii he" wished
indictment which alledges thi murder, m pearsfrom iVcist, that the law was .not tobVindulged in savinarfewVvrordi on
we louowmc: woras, v jrivjnff.iotne said tormerlv so s . but - this was the -law when th
RnHipr.f.t" thi riorht hnnr rratlr
PatrickVCdnWay, thert & there;' wiihi the th common law, of England .was - intTodu- might wdso wish fdf a similar ' mdulncel
pinefstick aforesaid,-in and upca the. head feed here. 'Allmnderh writ- arVthtlTl fli,VtrfA;W4i.n kDw,I .uU
,j w v . . m. m w- w- ... - w - v v w- w n ' w. w w im w. nu ma k.a m lw . .1 a .-w , w a .'- 1-
I v.' -: v 4 : , . . ::,"H; viv.u',"'VM,w y wy-uu-musv .uc tu ingut uon genueraan, ivir. ,,-wrsxme, and
!!: -
ft
several 'mortal- wounds, of which said se-
veral nipt tal wounds the "aforesaid Patrick
r Convvay then and 'there instantly, died"
4
subj ect, which so ttearly concerned this hon. ' ; '
relative He must express his surprize that v i -
the right hom.l gentleman should treat this,
question as a personal outerence - -v
Mr; .Canning (to order said he must a- -?
gam state to the honi crentleman ; -. v. , . M ; -
VThe, 'speaker rpseiand said he thought it vy
now ms qurjr; to lntertere ; ana ne nopea. -r
uiai wiiai nau joccurrea tms aay wouia pre -p
vent inf liture any discussion beinipr permit-v
tea to taxe piace wnere tnere was no ques
UUU UClUi C U1C UUU5C. - t
H ereithe discussion, closed
4
4
lit
JUST RECEIVED,- V v
( Arid for Sale at S.HcWs Book-Store
N Abndgement of an exposition of the Book of tko
Prophet Isaiah, by Johk Gill, XI. D
vf
In one 'Quarta Volume, bound U Ictteced r-r. S 3 wv ' v
AN ORATIQN dwUTcrwdat Witminrton, N-Carclb-, 4 V, :(
on the
M'v :ofviw mc huuuu muai -ucui ngnt non. genueman, ivm -irs-iine, and ,xM
ted; Notfofa goooVreasoni .heaUdwed ; hirrisei;; Wha'the'wia
but it was not.for , the'. Court, to legislate, wsuythaV allrthat was; ;VanVihg to the vindi- :
: ih of July, 1810, by John It. Lo noon, Esq.
l. u-: , . 4uiy wU, Iwiu,
BLANKS
vV t a:
wU vwr Uww.w,.ww vuwjf "au fWM' -w, !tuuiiuijijir Jiramc, rasuicpuoucaUQQ , w wUU-i iiiii-w ; - .
Tf?iw wiui. ftwwa.w-.uc vioucuy me, same r.ccordmcr to the law. lhee2:eentifi-.-,i- irt rt-v itt-i.BAW' KifmitK- r ?. ' . o,r, -,TTT :: v:
w:-' . - .,..L'l.. -w... iikw--wiw. ww-w---:i v- - .