out by equal authority from the court of the grossest injustice would be ne to that gentleman. For, what chance would he have as a poor individual unsupported by influence, even supposing he could send out, of his own accord, such documents as he could collect, to repel this affidavit, when he should have to compete with the high authority of the court of directors, and when he should have to oppose the weight of that influence which a letter and which every thing emanating from them must have upon the governinent abroad!

He hoped he should be forgiven the warmth of his feelings upon this subject. But this seemed to be a proposition so contrary to the first principles of justice, and all moral rule, that he could not bear silently to hear it propounded.

Mr. Bosanquet hoped the court would permit him to make a short answer to what had fallen from the hon. and learned gentleman. There was one point on which he (Mr. B.) and the learned gentleman agreed: namely, that supposing this was a supplementary opinion offered by the court of directors, or supplementary matter brought forward, which had never before been heard of in the case, it would have been unjust for them to offer it; but he begged the hon. gent. would be corrected. This was not a supplementary document-it was evidence which had grown out of the case-and had already been under the observation of the court in the consideration of this subject. As far as he could understand what justice was, and what it ought to be, this case came precisely within that notion. This was an evidence completely arising out of this case; and if it had been improperly received no one would be more disposed to get rid of it than himself: but it was not new evidence. It was incidentally arising out of the case itself, and it was so important that it should go out in order that real justice might be done in the case. If the court of directors had done what his hon. and learned friend supposed they had done on the present eccasion, namely, introduced ex parte matter-not seen-not known-by the party-and which matter would have the effect of counteracting in a clandestine manner the wishes of the board, that certainly would have been very disgraceful to the court of directors. But certainly that was not the line of conduct they had pursued. If there had been any evidence which had come from Major Hart to have authenticated the price that he had actually paid for the rice, that evidence certainly ought to be received, and would, no doubt, have its weight. The imputation here, however, was not only disgraceful to the directors, but, if true, would reflect the highest degree of

discredit upon their whole conduct. If the directors had sent their state of the case without suffering counter-observá-r tions that might be made upon it, to go out with it, that undoubtedly would have been highly improper; but that was not the fact. He had merely risen for the purpose of impressing the minds of the proprietors with a just conviction that this was not supplementary evidence; but was evidence brought forward long since, and was made use of throughout the agitation of this question: and therefore, whether it was right or wrong, it ought to have its due effect upon the Ma dras government in the first settlement of this case. It appeared to him to be a matter of fair and substantial justice that this affidavit should accompany the dis patch; and if he was wrong in this opinion he should be very happy to be set right by any one who could do so. Certainly, at present, he had heard nothing like a reason for rejecting this im portant evidence which had been before given.

Mr. Trower conceived that as this document was a part of the original evidence in the case, it could not be considered as a supplementary document; and therefore it ought to go out with the dispatch, and have such weight with it as it appeared to deserve.

Mr. Hume reminded the court that the question now was whether the papers should be printed, and therefore there was no necessity for pursuing this colla teral discussion further.

The Chairman said he did not wish to prolong the discussion, but as the subject had been started by the honourable and learned gentleman, it became necessary that he should say a few words in answer to his observations. He confessed him. self perfectly astonished at the doctrine which the honourable and learned gentle. man had offered to the court; a doctrine which, he was sure, when the learned gentleman came to reflect, he would acknowledge to be fallacious. Could it be maintained, that if, in this stage of the proceeding against major Hart, the court had discovered important information directly bearing upon the point under consideration, and brought forward in a legal manner, that they were not to bring forward that evidence and take no notice of it, even though the whole case might turn upon its importance? Ought the court to strike out evidence like that, and be precluded from shewing to demonstration what the justice of the case was? What was the occasion which gave rise to the production of colonel M'Cleod's affidavit? It was given in last May, in the court of King's Bench, in order to support the allegation of the petition of the East-India Company. The evidence of colonel

M'Clend was given on that occasion. Col M'Cleod had been before examined -long ago, but he had not given any affidavit until then, distinctly referable to the point at issue. Why, when a document of this sort came to the knowledge of the directors, were they not to bring it forward? Were they not to apply that evidence upon which, perhaps, the case would at last he decided? The mandamus commanded inquiry into the subject, How then was a fair inquiry to be instituted, if the Company were not allowed to offer such evidence as came to their kuowledge? If the court found information directly bearing upon this point, and the gentleman who was to give it, not being in India, but being here, were not at liberty to send out the evidence of that gentleman to the tribunal which was to decide the point? This very gentleman was commissary of supplies at the time of the transaction in question. If colonel M'Cleod came before the court and said, "Gentlemen, you are misinformed: I

was present, and saw certain circum"stances which spoke strongly in favour "of major Hart". -most undoubtedly the court would have adopted that evidence, and have sent it out for major Hart's benefit. But the course which the business now took seemed to him to accord with the first principles of common justice. He had not a conception how there could be a diversity of opinion upon such a subject. It was undoubtedly a most important document in settling the account between the company and major Hart but of whatever description it might be, the company had not the power

of sending it out without the sanction of the board, and the court might be well persuaded that if the consequences followed which the learned gentleman seemed to apprehend, the commissioners would refuse it. As the matter stood, the first original idea which the directors had was, that this was an important docament, and that if it was suppressed here, it should certainly have its due weight abroad. It was in the power of major Hart to meet this by counter affidavits. It was ridiculous to suppose that the company could raise any false impressions by adducing such a document in support of their case; for it was open to him to repel, if he could, any impression which it might make. To omit such an important document in so serious a case would be a dereliction of a duty owing to the company. But then it was said, "What are your motives for sending such a document out? they are suspicious.", It was impossible for the court to adopt any thing without the sanction of the commissioners. The court had only one line of conduct to pursue: namely, to send the document out, and to satisfy the commissioners that that was the course in which the company were, and he hoped that the company were no mistaken in this important point.

After some further conversation, in which Mr. Hume, Mr. Bosanquét, General Browne, Mr. Lowndes, Mr. Jackson, and Mr. Impey took part, the question was put and carried, when the court was adjourned till Wednesday the 27th instant.-[A full report of which day's debate will be given in our next number.]

BENGAL.

Oct. 3, 1815.-We hear that arrangements have been made for the dispatch of the ships in this port as follows, viz. William Pitt and Lord Melville, to sail for England in December; Metcalf, to Amboyna, to load spices, and proceed to England in November; Marquess Wellington and Princess Charlotte of Wales, to take the 59th regt. to Fort St. George, load there, and proceed to England on the 12th December. The above are expected to form the last fleet.-The Apollo and Sir William Pulteney, to proceed to Bombay; the Northumberland, Lord Eldon, and Huddart, to Fort Marlborough, to load pepper. The last-mentioned ships are to sail in November. His Majesty's ships Owen Glendower and Thais arrived at Penang the 8th ult.-The brig Juno upset in a squall in the Eastern Seas, crew lost.—The Company's ship

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Vansittart, arrived safe at Malacca, the 17th ult. The Company's ships Minerva and Lord Eldon are to go into dock.

The General Harris, from Madras, and the Ernaad, from Calcutta, arrived at Penang, 29th August for Bengal.-The Syren brig, from the Cape of Good Hope, arrived at Calcutta, 27th September.The Carnatic sailed from Ceylon for Bengal, 15th September.-The Elizabeth Johanna, and the Maas en Rottestroom, from Rotterdam, have arrived at Batavia.

The Aurora, from Holland, put into Anjer Roads, for water, 19th September, and would sail on the 21st for China.The Canton, from Holland, has arrived at Canton.-The Ceres and General Harris, Company's ships, from London, arrived at Canton, the 7th October.

Our private letters from Calcutta of the 30th June last, mention an unfortunate dispute which then subsisted be

tween the Government and the Rev. Dr. Bryce, as to the immediate erection of a suitable building for the performance of Divine worship, according to the rites of the Scot's church. It would appear that Government had considered it expedient to defer the erection of a church, and recommended a temporary arrangement for the performance of divine service, pending a reference home. The Doctor, however, considering any delay as an infringement of the rights of the Scots' church, has declined the exercise of his functions, till a church shall be built, according to the directions of the Court of Directors. We understand that the Government had determined to proceed in the adoption of peremptory measures, in regard to the immediate performance of the duties of the Scots' chaplain, but which were suspended, in consequence of the serious indisposition of Dr. Bryce, who had proceeded to Prince of Wales's Island for the benefit of his health.

Marriages.

At Batavia, on the 31st of May last, by the Rev. Professor Ross, James Dupuy, Esq. Deputy Se cretary to the Java Government, to Miss Johanna Elizabeth Van Grolls.

By the Rev. Mr. Shepard, at the house of O. L. Bie, Judge and Magistrate of Serampore, Constantine Sherin, Esq. Assistant to the Court, to Miss Charlotte Frederica, daughter of the late Charles Phillip Wasmies, Esq. Surgeon on the Honourable Company's establishment. Deaths.

On the evening of the 3d September, on his way to the Presidency, Walter Stewart, Esq. Assistant Surgeon ist batt. 5th regt. N. I. At Seharumpoor, on the 30th ultimo, Capt. G. Blacker, of the 1st batt. 17th regt. N. I. At Sea, on board the ship Partridge, on the 29th of April last, on his passage from England to India, in the 51st year of his age, Win. Christopher Ord, Esq. many years a resident of Cal

cutta.

William Robinson, Esq. Sub-Treasurer and Collector of Customs of Batavia.

MADRAS. Births.

At the Presidency, on Monday the 2d instant, the

At the Cape of Good Hope, on the 24th of June, Mr. Pringle, the Hon. Company's Agent at the General Hospital.

Major Gordon, late of His Majesty's o2d ́regiment of Light Dragoons.

At St. Thome, the 25th ultimo, after an illness of three days, the infant son of G. E. Askin, Esq. aged 11 months and 3 days.

On the 28th ultimo, Lewis Udolphus Wellington, the infant son of Mr. John Nicholson Heef ke. On Thursday morning, the 19th instant, Daniel Williams, the infant son of Mr. Daniel Perry." At Port Louis, on the tith September, of the liver complaint, Capt. P. Grant, of the Hon. Company's ship Streatham.

BOMBAY. Deaths.

On the 11th instant, with Colonel East's detach ment near Dhura!, in Kattywar, Geo. Skeene Keith, Esq. Assistant Surgeon.

In Kattywar, Capt. Edward Jones, 1st batt. 8th regt.

CHINA.

The subjoined are the names of the Company's ships at Canton, which (in consequence of the intelligence of Buonaparte's return to France having reached China) were to sail for England in a fleet, under the protection of the Owen Glendower, between the 15th of December and the 1st of January, viz.-The Royal George, Cuffnells, Princess Amelia, Warley, Hope, Walmer Castle, Charles Grant, David Scott, Inglis, Essex, Marquess Camden, Vansittart, Warren Hastings, and Alnwick Castle.

MAURITIUS. Death.

On the 4th September, Mr. Thomas Joseph Ribet.

Feb. 22.-This day the sessions ended at the Old Bailey, when Captain Harrower, dressed in deep mourning, appeared at the bar to receive the judgment of the court. The clerk of the arraigns having asked him if he had any thing to say, why judgment should not be passed ou him, according to law, he stepped forward, and said," My lord, I am not guilty of the offence with which I stand accused." [Here he reflected on the witnesses, and concluded by saying,]" have no fault to find with the learned judge nor jury: no doubt, according to the evidence before them, they discharged their respective duties conscientiously.

I

gone to the plough, which was become his favourite amusement for the afternoon.

-. A letter from an officer on board His Majesty's ship Northumberland, dated 12th January, 1816, and received by His Majesty's ship Medway, just arrived from St. Helena, says-" Napoleon and his suite have taken up their residence at the Lieutenant Governor's, at Longwood, where he appears very comfortable, amus ing himself sometimes in riding, and sometimes working in his garden. A few days ago he turned ploughman on some ground within his limits. Whenever he wishes to go beyond this line, he is at tended by the officer of the guard, who, from Napoleon's wish, does not wear his uniform. Several who have come here have rode out to Longwood, in the hope of seeing him; but he,having got previous information of their coming, always disappointed them. Admiral Tyler went to Longwood to-day, but Napoleon refused to see him, as he had not been apprized of his intended visit. The officers of the Northumberland he appears glad to see at all times.

-It is said negociations are now in progress between the court of Rome and the different Protestant courts relative to the Catholics who are in their states. It is resolved, it is said, to establish this subject, and to consecrate the principles of public law which reconcile the interests of princes with that of the Catholic Church. The changes which have happened in Europe, for some time, having aggrandized the states of several houses foreign to this church, require imperiously new arrangements which may meet the difficulties which occur.

Prince Leopold of Saxe-Coberg is about six feet in height, pale, rather pitted with the smallpox, but a fair open counte nance, and prepossessing manners. He was born the 16th of December 1790, has two brothers and four sisters, one of the latter married to a Prince of Wirtemberg, and another to the Grand Duke Constantine of Russia. Coberg is situated in Upper Saxony, and contains about four thousand inhabitants: both the sovereign and the subjects are of the Lutheran religion.

The Archdukes of Austria (princes John and Lewis) honoured Drury-lane Theatre with their presence. The performances, Macbeth and the pantomine of Harlequin and Fancy. Their Imperial Highnesses were attended by Sir William Congreve and their suites: they sat in the king's box, which was superbly decorated on the occasion. On their entrance they were loudly cheered, and the vocal corps, in full chorus, sung, "God sare the King, with an additional verse complimentary to the Emperor of Austría.

It is said that one of the principal objects of the extraordinary embassy of the Duke of Luxembourgh to the Court of the Brazils is relative to the restitution of Cayenne and French Guiana, which the Portuguese took possession of during the late usurpation.

The Laplanders arrived in London with their game, which was sold by different poulterers in the city. These poor fellows expected, when they left Gottenburgh, that the packet would land them in London, and that they would have no duties to pay; whereas they have been obliged to pay upwards of 501. for duties, besides ten guineas for freight from Harwich to London. The state of preservation in which these birds are is really surprizing, after travelling upward of 1000 miles. They are preserved by being hung up to freeze in cases, lined with skins to keep out the air. This process so effectually preserves them, that when the packages are opened, the birds are found frozen quite hard: and those packages which are not opened, will con"tinue in this state for some weeks. The mode in which the small birds are dressed in Sweden, is by stewing them in cream with a little butter in it, after being larded, which, it is said, gives them a very excellent flavour: the large ones are roasted, and basted with cream, which is afterward served up as sauce. The Laplanders wear a kind of great coat, made of rein-deer skin, with caps and gloves of the same, which gives them a very grotesque appearance: they are shy of appearing in the streets in this attire, on account of their attracting so many people round them.--See page 196.

At Drury-Lane Theatre, on the 19th of February, at the opening scene of the farce called Modern Antiques, in which Miss Kelly appeared in the character of Nan, a country girl; and Mr. Knight, as Joey, a country lad; while these two performers were embracing, according to their parts, a pistol was discharged from about the centre of the pit. It was not at first known whether the attack was intended to be against Miss Kelly or Mr. Knight; but a subsequent investigation proved that it was aimed at

Miss Kelly. The constables belonging to the theatre soon had the assassin in custody, and conveyed him to Bow-street, where he underwent a long examination before Mr. Birnie, at which Mr. Rae and Mr. Dibdin, the managers, attended. He appeared to be about 21, decently and plainly dressed, like a tradesman, but with no appearance of "gentility. "He gave the name of George Barnett, a law-, stationer by business. The prisoner said his mother and father-in-law live near Clare-inarket. He was asked if he had any personal knowledge of Miss Kelly. He at first denied that he had any knowledge of her, but afterward said he had, and that she could explain it. On being questioned as to his motive for the daring outrage, he declined answering, but would say more at a future period. Miss Kelly, on being informed of the young man's name, recollected that it was the same she had received signed to several love-letters, some of which contained threats, if she did not accept of his offer, &c. She had mentioned the circumstance to Mr. Lamb, one of the gentlemen of the committee of the theatre; also to her dresser, &c. Mr. Rauer, of the box-office, stated, that several shot had entered the stage-door, on the side which Miss Kelly stood; several had also been found on the stage, and in the orchestra. The prisoner, in his defence, said, he did not mean any harm, but only to frighten. On being asked by the magistrate if he meant merely to frighten by firing a loaded pistol in a crowded theatre, he made no reply. He was then committed for firing, with intent to kill and murder Frances Maria Kelly. The first letter he wrote to Miss Kelly bore strong marks of lunacy. It was a challenge to fight him. He said, he had seen her fire a musket upon the stage, and, therefore, she could not plead inability to fire a pistol.

Court of Common Pleas. Webster v, Baldwin.-This was an action brought by Mr. Wedderburn Webster and Lady Caroline Frances, his wife, to recover damages for a series of libels, imputing to Lady Webster a criminal intercourse with the Duke of Wellington, which libel appeared in the St. James's Chronicle, a newspaper of which the defendant is proprietor. Mr. Campbell opened the pleadings, and stated, that, the plaintiff, Lady Webster, had always preserved an unsullied reputation, and that the defendant had published in a newspaper called the St. James's Chronicle, several libels upon her, imputing to her that she had been guilty of adultery with the Most Noble Arthur Duke of Wellington. Mr. Serjeant Best stated the case. He described Mr. Wedderburn Webster as a gentleman of large fortune, and allied to

some of the first families in the country. His lady was the daughter of the Earl of Mountmorris, about twenty-four years of age, of great personal beauty, but that beauty was lost sight of by those who were acquainted with her virtues." The Duke of Richmond, who was examined from the bench, stated, that he was at Brussels at the same time with Mr. and Lady Webster, and wholly disbelieved the circumstance. -Dainages £2,000.

Warsaw, Feb. 19-A few days ago there arrived here an Indian Prince, who has already proceeded on his journey to St. Peterburgh; he is the son and next heir to the Emperor of the Birmans, whose dominion comprehenden the kingdoms of Ava, Aracan, and Pegu. He has been presented to the Grand Duke. It is pretended that he is sent by his father to learn the European art of war. He is 25 years of age, speaks several European languages.-After the retreat of the French from Russia he arrived here, he was arrested by the Russians, but afterwards liberated. He has hitherto lived at Bucharest, and in Austrian Gallicia. He was requested by the Commandant of this city to produce documents respecting his character, and to give an account in writing of his journey and adventures.

The protocol fills several sheets. He was treated with all the respect due to the rank he claimed.-His father's em, pire, which was first formed in 1754, is considered as the fifth great power in Asia, and contains, it is said 17,000,000 of inhabitants, and borders on the kingdom of Thibet, the Chinese empire, the kingdom of Siam, the Bay of Bengal, the British possession in Bengal, and the kingdom of Assam.

Feb. 27.-Major Stuart, Aid-de-Camp to the Earl of Moira, who brought home the late dispatches from that nobleman, is promoted to the rank of Lieut.-Colonel in the army. This gallant officer is son to the distinguished professor, Dugald Stuart, of Edinburgh.

29.-The following is a list of the pas sengers by the General Stuart, just arrived from Bombay :

Capt. Knatchbull, 22d light dragoons; Lieut. Coulthard, 17th ditto; Lieut. "Ditmas, 27th foot; Lieut. Blacker, 65th ditto; Lieuts. M'Cullum and Rutherford, native service; the Rev. Mr. Mrs. Miss and Master Nott; Mrs. Major Rudland; Miss Thompson.-Died on the passages Mrs. Green and Ensign Haynes, Bombay regiment; and the Hon. Lieut. Tournor, of the 65th regiment; drowned last Fri day evening in coming from the ship ta Portsmouth.

March. 2-Accounts are brought by the ship's arrived yesterday that some ing