batteries along it. The troops to have landed were the light companies formed into a battalion, the 25th regment, and the greater part of the buffs. The other two regiments, the 11th and 63d, were to have landed as the second division. There were particular gates pointed out to each battalion to force, and if they failed in forcing them, with the assistance of the artillery, were to fix their ladders, and scale the wall, which is about 19 feet high; and I am convinced that we should soon have been in possession of the place, although not without considerable loss: we all indeed expected warm work. We made the land, close before daylight, on the morning of the 24th, the ships of war, all prepared for action; and as the day broke, Sir Samuel Hood, in the Centaur, led into the bay, the other ships of war and frigates following, and then the transports; the light infantry ships were to have pushed in first.We were all, in short, eagerly looking for the boats, and for the signal to land, and expecting the batteries to open on the ships, but behold, when close in with the town, all was quiet, not a shot was fired from the batteries-a dead silence reigned throughout. The interval of suspence was most unpleasant. The ships of war at length came to an anchor in their places opposite the batteries, and we were also ordered to come to an anchor, when we observed a flag of truce come off from the shore to the Admiral, when a capitulation was arranged. The Portuguese believed our force to be greater than it was, but they were no doubt taken by surprise. They expected an attack about a month ago, and were better prepared for it. The troops of the line in the place are 800, and the militia of the island, they say, 'may be assem bled to the amount of 6000.

In consequence of the war with Russia, orders have been issued from the Admiralty for all Russian officers which have been employed in our service to quit it. On Saturday Jan. 14. seven young Russian gentlemen who were employed as midshipmen in our navy, were conveyed from Harwich on board the Auckland packet, Capt. Dean, on their return to Russia.

The Russian frigate and transport, detained at Spirhead, with the specie

and other valuable cargoes on board, have been condemned as lawful prizes.

The Stately and Nassau men of war, and Lynx frigate, sailed from Yarmouth on Monday Jan. 11. for Gottenburgh, with seventy-four casks of dollars, about 100,000l, being a remittance to the King of Sweden.

We are happy to say that Lord Hutchinson and Colonel Eustace have arriv ed in safety, from Petersburgh, in the Bellette sloop of war, Lord G. L. Gower and suite, Mr Garlike, Sir S. Shairp, &c. are also arrived in the Proserpine frigate. The Apollo, with Lord Gower's baggage, is also arrived. She was taken by the Danes, and afterwards by a French privateer, but by both suffered to depart. The Frenchman, however, helped himself to a carriage and two valuable pictures belonging to his Lordship.

The Salcette frigate, of 38 guns, having on board Lord William Bentinck, late Governor of Madras, (who is succeeded by William Petrie, Esq.) is ar rived at Portsmouth from Bombay. The Salcette was built at Bombay, and launched in March last, and is a most beautiful vessel. She had a remarkably quick passage, having left Madras on the 29th of September.

Admiral Murray, with the Polyphemus and Africa, and the transports from Corke, is arrived at Portsmouth. The Champion transport, arrived from Buenos Ayres, has brought home the hostages left by General Whitelocke, 200 men of the 71st regiment, and artillery, and 50 seamen and marines.

A squadron under Captain Halkett, which sailed with sealed orders, has joined Sir Sydney Smith, who was left on the 28th Dec. off the Tagus, all well, with ro sail of the line.

Our trade with the Brazils is to continue precisely on the same footing, in respect to duties, articles prohibited, &c. as that which we carried on with Por

gal, until a new treaty is concluded. To prevent excessive speculation, no licences will at present be granted but to vessels sailing with convoy, and which take their clearances for Santa Catheri na, which is upwards of 150 leagues from Rio Janeiro.

Of the transports that continue to be taken up, many are believed to be for the East Indies, to bring home hemp.

The

The East India Company have engaged with Government for the culture and sale of 20,000 tons of hemp for three years, to be brought home in ships especially fitted and prepared for the pur

pose.

A very valuable ship from Rio Janeiro to Lisbon, detained by a Guernsey privateer, was wrecked near Ballinskellix, on Thursday, Jan. 7. Eight of the crew, attempting to escape in the boat, were drowned. The remainder, 20 in number, were saved by clinging to the masts and rigging.

Another dreadful gale came on on Thursday and Friday, January 14. and 15. and a great deal of damage was sustained among the shipping in the Downs. At Deal, on Friday, the tremendous sea threatened the destruction of the town. The foundations of many houses next the sea were undermined, store-houses were swept away with their contents, and the ground tier of the dweiling-houses filled with water. The sea, during the tempest, made a considerable breach between Sandown Castle and the battery No. I. which inundated the chambers, and forced such a torrent of water into the lower streets of Deal, that the cellars were completely filled, and proper ty to a large amount totally destroyed. In a row of houses adjoining to Alfredsquare, the torrent was so deep, that boats were obliged to be got down, and the miserable inhabitants taken out of their houses from the chamber windows. Several quays in the Beach-street, which had braved the fury of the elements for a series of years, have been totally des troyed, and the timber washed out to

sea.

At Margate, there was one of the dreadfullest gales ever known. All the bathing-rooms were washed down but Wood's. The Parade is likewise washed down, and a great part of the pier; a number of vessels destroyed. The whole damage is estimated at 25,000l.

or more.

At Sheerness, the tide flowed to a very unusual height, and being the top of the springs, by its irresistible force, inundated all the level for many miles, by forcing down the barrier walls. The whole level, indeed, to the extent of 700 or 800 acres, is entirely under water, and it must be many months before it

can be all got off; the loss, therefore, to the land-owners is incalculable. An immense number of fine large masts were floated from the King's stores on the marshes. A vast number of cattle and sheep, and other property, have been lost on the level.

During the dreadful gale of wind, there arrived off Cowes, a large fleet of transports from Ireland, those late from Buenos Ayres, under convoy of a gunbrig, which, together with ten sail of the transports, and an American ship, were drove ashore between Cowes and Yarmouth. The gun-brig, with three sail of the transports and the American ship, got safely off, and it is hoped the others will be got off without material damage.

Lloyd's books are filled with accounts of vessels damaged, but of few, if any, totally lost.

The Peggy, Inch, of Douglas, Isle of Man, is lost in Poevash Bay, near Castletown, with all on board, eight in num ber. The Elizabeth, Rae, from Quebec for Liverpool, was lost on the 28th Dec. near Church Rocks, Stromness-crew and passengers saved, and it is hoped a considerable part of the cargo may be recovered. The ship is gone to pieces.

On the 1st of January, a vessel, brigrigged, was seen near the point of Gair. loch, at anchor, where she continued, with moderate weather,the next and following days, but was discovered on the 4th to have been cast upon the point; of the crew, consisting of eight persons, three appear to have been drowned, and one was discovered dead in swampy ground, having been unable to reach any house. One of those drowned, and the man found in the swamp, appear to be foreigners. The vessel, from the reports of the country people, had come from Malta or Gibraltar, and was bound for Liverpool.

On Friday, Jan. 8. about 30 persons were lost in crossing from Youghall to the county of Waterford. The superintendant of the ferry refused putting them over, in consequence of the darkness of the night, and badness of the weather, which induced them to hire a private boat, notwithstanding the strongest remonstrance on his part not to make the attempt; however, they persevered, and unfortunately perished,

SCOT

"We request that you will call a meeting of the Members of the Faculty, for the purpose of considering a bill lately brought into the House of Lords, entitled, "An act touching the Administration of Justice in Scotland, and touching appeals to the House of Lords."

"We do not presume to suggest any particular day for that purpose, as we have no farther wish, with regard to it, than that it should take place upon whatever day will be most convenient for you, and at such distance of time as will give the Members of the Faculty full opportunity to bestow that attention on the subject which its importance calls for.

The following resolutions were then moved by Mr Jeffrey, and seconded by Mr John Murray:

That it is the opinion of this meeting, 1st, That the Court of Session ought to be divided into two Chambers or di visions, of co-ordinate jurisdiction, as proposed in the bill.

2d, That it ought to be provided in the bill, that the Judges in each chamber shall sit daily in the Inner-house, for dispatch of business, during the time of Session.

3d, That the requisite alterations in the constitution of the Court of Session, and in the modes and forms of administering justice in Scotland, ought, as far as possible, to be made by the direct legislative authority of Parliament; and that no power or authority, of a legis

lative kind, ought to be delegated to the Court itself, unless carefully limited to such rules of procedure as are subordi. Date and technical.

4th, That the appointment of a Royal Commission, with powers to enquire into matters tending to the better administration of justice in Scotland, whose proceedings shall be laid before both Ilouses of Parliament, is a mea sure highly expedient in itself, and sanctioned by former practice.

5th, That the Commissioners who shall be so appointed, ought to be instructed to report to Parliament as to the number of Judges who are to offi. ciate in the Outer-house and Bill cham. ber, and as to the other matters which it is proposed in the bill shall be committed to the Court itself; provided, however, that the Court shall be impowered to regulate all the said matters by acts of sederunt, until a statute shall be passed upon the report of the Commissioners.

6th, That there are some general points, which it would be expedient to fix, in the first instance, by the direct authority of the Legislature, leaving to the Commissioners only to report upon the form and manner in which they should be carried into execution.

7th, That, upon this principle, it ought to be declared by act of Parlia ment, that the introduction of jury-trial, in certain civil cases, would be for the evident utility of the subjects within Scotland; and the Commission should report in what cases, and in what manner and form, it appears to them that it could be most usefully established.

8th, That it ought to be declared, in like manner, that the present form of process, which sanctions long-written statements and arguments, all of which enter on the record, is productive of great inconvenience, and ought to be altered; and that the Commission should be directed to report on the most adviseable means of remedying

this evil.

9th, That the unlimited power of single Judges, to review their own interlocutury judgements, is productive of many inconveniencies; and that the Commission be directed to consider in what manner these inconveniencies may be removed.

roth, That the mode, as now prac tised, of taking proofs by commission, is productive of many inconveniencies & and that the Commission be directed to consider in what manner these inconveniencies may be removed.

11th, That the Commission be farther directed to make inquiry into the proceedings in the Bill Chamber and inferior Courts, and to report in what manner these may be improved,

12th, That the whole matters to be thus investigated,being clearly connected with each other, ought to be referred to the consideration of one and the same set of Commissioners; and that they should be directed to make their report within six months from the end of the session of Parliament in which the bill is passed.

13th, That the bill, with the alterations suggested in the preceding resolutions, will materially improve the administration of justice in Scotland.

These resolutions were unanimously adopted by the Faculty, with the exception of the seventh, in which it is proposed to be declared by act of Parliament, that the introduction of jury trial, in certain civil cases, would be for the evident utility of the subjects within Scotland. This resolution was, however, adopted by a great majority.

Mr William Erskine then moved the thanks of the Faculty to the Lord Chancellor Eldon, for the attention he has given to the improvement of the law of Scotland, and that a copy of the above resolutions be transmitted to his Lordship by the Dean; which motion was seconded by Mr David Hume, and was carried unanimously.

The following letter was sent by the Hon. Henry Erskine, with the approbation of a very great number of respect. able Members of the Faculty, to the Lord Advocate, giving his and their reasons for not attending the above meeting:

Prince's Street, December 21. 1807. MY LORD,

As I do not mean to attend the Meeting of the Faculty, which has been called for Wednesday next, to take into consideration the new bill, lately brought

brought into the House of Lords, for regulating the Administration of Justice in Scotland, and as many of those gentlemen who approved of Lord Grenville's bill are also to be absent, I think it proper to inform your Lordship of our reason for not taking part in the

business.

Atter the plan of reform brought in to Parliament by Lord Grenville had been almost a year before the public, and after its detailed provisions had been maturely considered by the Members of our Body, they assembled from all quarters of Scotland, at the end of last winter session, for the purpose of giving their opinions upon the subject. Several days were wholly employed in discussing the measure, by the most full, and respectable Meetings of the Faculty that ever were held; and the result was, that in most of its material provi. sions, Lord Grenville's bill was approved

of.

The bill which has been lately introduced, is totally different, and its provisions are founded upon principles directly opposite to, and utterly inconsistent with those of Lord Grenville's bill. Besides, I have seen a number of resolutions, drawn up and circulated by some of the Members, adverse to the principles of both bills: These, we understand, are intended to be moved in the course of the deliberations on the new bill; and it has been openly avowed, that the principles, of which the Faculty have already approved, are to be reviewed and reconsidered, in order to prevail upon them to express opinions contrary to those principles. Such being the declared object of the proposed Meeting, a renewed debate on questions already so deliberately decided, would be unavoidable. I cannot, therefore, admit the propriety of holding such a Meeting, and think it fit to avoid a fruitless discussion.

I have the honour to be,
My Lord,

Your Lordship's most obedient
humble servant,

HENRY ERSKINE.

The Lord Advocate of Scotland.

The following is the answer sent by the Lord Advocate, to the Hon. Henry Erskine, upon the receipt of the above Jetter:-2

"George Street, Dec. 25. 1807. "DEAR SIR,

"I received your letter at a late hour on the 21st, informing me that you, and many of those Gentlemen, who approved of Loid Grenville's bill, were not to attend the meeting of the Faculty of Advocates to be held on the 23d, for the purpose of considering the bill brought into the House of Lords, by Lord Eldon, relative to the Administration of Justice in Scotland. Convinced that the Lord Chancellor is desirous of receiving information from every quarter, I regret the resolution announ ced in your letter; and it is peculiarly unfortunate that, owing to your absence from all the meetings of Faculty, in which the late measures connected with the Courts of Justice in Scotland were discussed, they have been deprived of the advantage of learning the views and sentiments entertained by a professional man of your eminence and talents.

The bill introduced by Lord Grenville, the provisions of which could not be anticipated from the perusal of those resolutions which you term his plan of reform, and which announce certain alterations, in which the forms and principles of the law of Scotland were to be adhered to as much as possible, and the true meaning and spirit of the Articles of Union were invariably to be maintained, was, read for the first time, in the House of Lords, on the 16th of February 1807; it was put into the hands of the Members of Faculty on the 24th, and the meeting for considering it was held on the 28th of that month. You will, therefore, judge whether all the Members of Faculty, not then in Edinburgh, could have had it in their power to attend, and whether there was not very little time given, even to those on the spot, necessarily much occupied with professional business at that period of the Session, to peruse and consider proposed legislative enactments of such magnitude and importance.

"Lord Eldon's bill was ordered to be printed, by the House of Lords, in August 1807. Copics of it were afterwards transmitted to the Judges, the Dean of Faculty, and other professional men; and likewise to the Conveners, and Sheriffs of Counties, and to the Magistrates of Royal Burghs. After the Court of Session met in November, a

num,