TUESDAY, JULY 29. Whiteball, July 29. The letters of which the following are extracts, have been received at the office of the Right Honouable Lord North, his Majesty's principal fecretary of state for the home department. Extract of a Letter from General Sir Guy Carleton, K. B. &c. dated New York, June 20, 1783. MY LORD, ITRANSMIT for your lordship's information a Copy of Colonel Deveaux's letter, conveying an account of the recapture of the Bahama Islands, together with a copy of the capitulation. I am, my Lord, your Lordship's Right Honourable Lord North. IHAVE the pleafure to inform your Excellency, that on the 1st of April laft, not having heard that peace was concluded, I formed from St. Auguftine an expedition against New Providence, to reftore it's inhabitants, with those of the adjacent inlands, to the bleffings of a free government. I undertook this expedition at my own expence, and embarked my men, which did not exceed fixty-five, and failed for Harbour Island, where I recruited for four or five days; from thence I fet fail for my object, which was the eastern fort on the Ifland of Providence, and which I carried about day-light, with three of their formidable gallies on the 14th. I immediately fummoned the grand fortress to a furrender, which was about a mile from the fort I had taken; his excellency the governor evaded the purport of my flag, by giving me fome trifling informations, which I took in their true light. On the 16th I took poffeffion of two commanding hills, and erected a battery on each of them of twelve pounders. At day-light on the 18th, my batteries being compleat, the English colours were hoifted on each of them, which were within mufquet-shot of their grand fortrefs. His excellency, finding this fhot and fhells of no effect, thought proper to capitulate, as you will fee by the inclofed articles. My force never at any time confifted of more than 220 men, and not above 150 of "them had mufquets, not having it in my power to procure them at St. Auguftine. I took on this occafion one fort, confifting of thirteen pieces of cannon, three gallies carrying twenty-four pounders, and about fifty men. His excellency furrendered four batteries, with about feventy pieces of cannon, and four large galLies, (brigs and fnows) which I have fent to the Havannah with the troops as flags; I therefore ftand in need of your excellency's advice and directions in my prefent fituation, and fhall be exceedingly happy to receive them as foon as poffible. I had letters written for your excellency on this occafion fince the middle of the laft month; but the veffel by which they were to have been conveyed, went off and left them; therefore hope your excellency will not think it my neglect in not having the accounts before this. I have the honour to be, Your Excellency's most obedient, (Signed) June 6, 1783. Articles entered upon between Don Antonio Claracoy Santz, Governor of the Babama Islands, &c. and his Honour Andrew Deveaux, Colonel and Commander in Chief of the Expedition, St. I. THE government-house and public ftores to be delivered to his Britannic Majefty. II. The governor and garrifon under his command to march to the eastern fort, with all the honours of war; remaining with a piece of cannon and two shots per day, in order to hoift his Catholic Majefty's flag. Provifions for the troops, his Britannic Majefty's expence, as alfo veffels failors, and fick in the hofpital, to be made at prepared to carry them to the Havannah, particularly a veffel to carry the governor to Europe. III. All the officers and troops of the garrifon belonging to his Catholic Majefty, are to remain in poffeffion of their baggage and other effects. IV. All the veffels in the harbour belonging to his Catholic Majefty are to be given up, with every thing on board the faid veffels, to his Britannic Majefty. V. All effects appertaining to Spaniards to remain their property, and the Spanish merchants to have two months to fettle their ac counts. (Signed) ANTONIO CLARACOY SANTZ. A. DEVEAUX. New Providence, April 18, 1783. Conftantinople, June 25. The plague has spread in every quarter of this city and it's fuburbs, as well as the neighbouring provinces of Afia and in Bolnia; hitherto, however, the mortality at Conftantinople is very inconfiderable. Stockholm, July 11. His Swedish Majesty landed here on the 9th inftant early in the morning, having failed from Abo on the 7th: he is almost entirely recovered from his late accident, though ftill obliged to wear his arm in a fling. Kienna, July 12. The Emperor returned to this capital laff night in perfect health. JULY 1, 1783. MY LORD, THE inclofed letter was delivered to me this evening by Mr. Akerman, from John Higginfon, one of the unfortunate men under fentence of death, giving an account of a dangerous confpiracy which was formed by fome of the criminals in Newgate. Upon the delivery of that letter I caused a fearch to be immediately made, and no less than two brace of piftols, with knives and saws, were found in the condemned cells; and having in vestigated the matter, I have no doubt they intended to attempt to carry their scheme into exe cution, with a view to effect their escape. I was advised by the Recorder to wait on your lordship; and I have only to remark, that the Recorder joins with me in opinion, that an extenfion of the Royal mercy to this unfortunate young man, upon this ground, will be a means of farther difcoveries, which may prevent bloodshed and other difagreeable confequences happening in the gaol from the numerous villains which are sonitantly confined in it. I have the honour to be, &c. ROBERT TAYLOR To the Right Honourable Lord North, &c. &c. (COPY.) SIR, WHITEHALL, JULY 2, 1783. I LOST no time in laying before the King your letter of yesterday's date, inclofing one to the keeper of Newgate from John Higginson, under fentence of death, giving an account of a dangerous confpiracy which was formed by fome of the criminals confined in that place, and recommending the unfortunate young man who made the difcovery, to fome mark of the royal mercy. The crime committed by John Higginfon, and for which it was intended he should fuffer, is of fuch a nature as could not in itself admit of any mitigation: but as the discovery made by him has been the means of preventing very dangerous confequences; and, by fhewing favour to him on that account, may be a means of difcouraging schemes of fuch a dangerous tendency, his Majefty on that ground, and from that caufe alone, has confented to fave his life. A refpite has been fent to Newgate for that pur pole this evening. I am, &c. NORTHS This day was executed, oppofite St. An drew's church, Holborn, John Mills, on the Coventry Act, for unlawfully lying in wait and wounding John Brazier in feveral parts of his body. He was attended to the place of execu tlon by Sheriff Taylor, his under-theriff, and other proper officers, am dft a large multitude of fpectators. He was dreffed in black, with a crape hat-band in his hat, and died very penitent. He was about twenty-feven years of age. A refpite came to Newgate for John Higgin fon, who was to have been executed for taking bank-notes out of letters delivered into the PoftOffice. Yesterday died in Newgate, Alexander Smith, who was convicted in April feffion of forging a bill of exchange for 521. 10s. with intent to defraud Meffrs. Boddington, and ordered for execution this day. On his firft being apprehended, he fwallowed a quantity of aqua-fortis, the effect of which has occafioned his death. 3. The following malefactors, capitally convicted in May laft, were carried in two carts. and one on a fledge, from Newgate, and executed at Tyburn, viz. John Wharton, for burglary in the dwelling-houfe of Robert Afkey, and ftealing. fome money, and a quantity of foap; John Ha zleworth, for robbing John Fitzpatrick, on the highway, of a filver watch and two half-crown pieces; Robert Cullum, for breaking into the houfe of John Hatch, in the night-time, with intent to fteal his goods; William Rutley Pratt, for a burglary in a dwelling-house, and stealing aquantity of filver plate; and William Harcourt for treasonably having in his cuftody a mould, and other implements, for coining half-crowns, fhillings, and fixpences. They all behaved very penitently. Before they left Newgate, they defired to be indulged in finging together, in a private room, the Lamentation of a Sinner, and part of the 104th Pfalm, which was readily granted. When they came out, they made' a very affecting exhortation to the other prii foners, fome of whom behaved very disorderly, while others with much ferioufnefs received the awful advice of the unhappy victims to public justice. Earl Mansfield gave judgment in the Court of King's Bench, against Lord Portchefter, in the long-depending caufe between his lordfhip and Mr. Petre, refpecting the damages recovered in the actions for bribery at the general election at Cricklade. By this determination, it is faid, Mr. Petre recovers the sum of 14,000l. be. fides cofts of fuit, which will amount to near 10,0001. 4. The ftate of the ordinary, as given in from the feveral ports to the Admiralty Board, made up to the 30th of last month, is as follows, viz. Ships laid up in ordinary, June 30: at Deptford, one of 50 guns, eleven frigates, and nine floops, Woolwich, fix thips of the line, two of 50 guns thirteen frigates, and eleven floops. Sheerness two fhips of the line, four frigates, and five floops. Chatham, thirteen fhips of the line, two of 50 guns, five frigates, and feven floops. Portsmouth, twenty-eight ships of the line, two K of 50 guns, eleven frigates, and thirteen floops. Plymouth, twenty-one ships of the line, one of 50 guns, feven frigates, and eleven floops. Of which thirteen ships of the line, three frigates, and ten floops, were laid up during the courfe of the month of June; and there are eleven fhips of the line, one of fifty guns, five frigates, and eight floops, now under orders to be laid up as foon as the crews are paid off and discharged. 9. Judgment was given in the Court of King's Bench, upon Lieutenant Bourne, of the marines, who ftood convicted of publishing a libel, and alfo of an affault upon Sir James Wallace, Knt. Captain of his Majefty's fhip the Warrior, by ftriking him with a cane. Mr. Juftice Willes pronounced the fentence. He entered fully into the cafe of the affault; which, he faid, being upon a fuperior officer from an inferior, required a very fevere punishment. The Court therefore adjudged, that the defendant be held in cuftody of the Marshal of the Court for two years, and give fecurity himself in a thoufand pounds, and two fureties in five hundred pounds cach, to keep the peace with Sir James Wallace for seven years. Upon the libel, he faid, that as Sir James Wallace had improperly published a letter in a public print, anfwering an anonymous paragraph, the Court, on the judgment of the libel (which the defendant had fuffered to go by default) would only fine him fifty pounds, and to be imprisoned till the fine was paid. 11. The unfortunate Mr. William Wynne: Ryland finished a very fine engraving of King John delivering Magna Charta to the Barons, on which he has employed himself during his confinement. 12. According to the report of the SurveyorGeneral of his Majefty's Woods and Forefts, of, the ftate of the inclosures in his Majesty's forests, in pursuance of an order of the honourable Houfe of Commons, we find that no ground whatsoever. had been enclofed in any of his Majesty's forefts, &c. for the growth, and prefervation of timber, fince the first day of January 1772, the period of sime limited in the faid order, except 1000 acres in the New Foreft, in the year 1775; though it appears that the inclosures of the New Foreft are in good repair, have well answered the pur. pofe for which they were made, and have nurfed up a geod ftock of young timber in the forefts of Whittlewood, Salcey, Rockingham, and Whichwood. And Mr. Pitt, the furveyor, farther de clares, that many thousand acres of land in his Majesty's forests may be inclofed, and applied to raifing pines. There are alfo, and will ever be, within the inclosures now in being, and hereafter to be made therein, fome parcels of ground of a nature lefs fit for the growth of oaks, in which the faid Surveyor-General of his Majesty's Woods and Forests purposes to plant the fort of pines fit for mafts, yards, and bowfprits; and nurferies are actually preparing for that purpose: and, from his observations and experiments, and the concurring opinion of very good judges, he think it highly probable, that making inclofares purely for the laft-mentioned ufe, will be attended with fuccefs, and prove very advantageous to this kingdom. The Lords of the Admiralty have ap pointed twenty-four mafters from the half-pay lift, for the fole purpose of looking after the ships, in ordinary, and to make a report of their condition every three months to the Board: eight of them are to refide at Portsmouth, fix at Ply.. mouth, eight at Chatham and Sheerness, and two at Woolwich. Thefe, with a few other similar. appointments, will be the means of preserving in our fervice, at a very trifling expence, our best feamen, who might otherwise be tempted to enter into the pay of foreign states. 17. The Court-Martial held at Chatham, on twelve prisoners for mutiny on board the Raifonnable, commanded by Lord Hervey, which be gan on the 10th inftant, ended this day. The Court was composed of the following members, fitting according to their feniority, viz. Sir Hyde Parker, Prefident, Capt. Hudfon Panley Pringle Blanket Inglefield Charrington Capt. Symonds Payne Judge Advocate, Purfer Yates. The Court fat each day (Sunday excepted} from eight in the morning till four in the afternoon. The evidence being summed up, and the charge fully proved on feven of them, and partly, proved on three others, the following fentence was paffed, viz. Benjamin Gravat, George Wright, Robert Dible, William Barlow, William Thompson, Thomas Snudon, and Jacob Francis-Death. Samuel Pile, William Day, and Jacob Col lins-300 Lafbes each. William Knox, and Thomas Wilfon-Atquitted. The charge against them was as follows: Lord, Hervey's ship being at Spithead, and being or dered round to Chatham, to be paid off, the fhip's company openly declared that they would not go round, but would carry the ship into Portsmouth Harbour themselves, and be paid off there; and were accordingly proceeding to unmoor the hip without orders. Lord Hervey obferving this, previously armed himself; and, at the rifque of his life, feized the above men, and confined them. The people feeing their ringleaders fecured, were fo much intimidated, that they went to their duty as before, and brought the ship round. 18. This morning an information, filed against Mr. Charles Bembridge, (late accountant of the pay office) by his Majefty's AttorneyGeneral, charging the faid Mr. Bembridge with neglect of duty, in having connived at the con cealment of certain items in the account charge. able to the late Lord Holland, (as paymaftergeneral of his Majefty's land forces) to the amount of forty-eight thousand feven hundred and nine pounds, ten fillings, and a fraction, came on to be tried before the Earl of Mansfield, and a Special Jury, in the Court of King's Bench, in Westminster Hall. In the absence of the Attorney-General, Mr. Lee (folicitor-general) conducted the profecution; he had for his affiftants, Sir Thomas Da venport, venport, Mr. Cooper, Mr. Willon, and Mr. Baldwin. After the nature of the information, and the whole of the cafe, had been opened to the jury, a variety of witneffes were called, to eftàblifh the feveral facts on which the charge was refted. The examination of Mr. Bembridge, on oath, before the commiffioners of public accounts, was exhibited, in order to prove, that he had sworn the duty of his office to confift in examining and ftating the accounts of paymafters-general, as well ex-paymafters as thofe in office. Mr. Hughes, and another gentleman from the office of the auditor of the impreft, were fworn, to establish the custom of paffing the accounts of paymasters-general, as well thofe in office as expaymafters. They gave the court a detail of the circumstances attending the paffing of Lord Holland's accounts, mentioning when the acCounts began to be paffed, and at what time they were fent from the pay-office to the auditor's office, as well as that it was cuftomary upon any doubt arifing in that office, on the examination of the accounts, to refer queries of all fuch doubts to the accountant of the pay-office for anfwers, folutions, and explanations: they ftated, that two errors had been difcovered after what was called the final balance was pencilled to the bottom of the accounts, and that the accounts were fent to the pay-office, to have thofe errors rectified. That it was then understood the books were to go from the auditor's office to the lords commiffioners of the treasury, and that the books came back from the pay-office to the office of the auditor of the impreft, where they lay eight or nine days before it was difcovered; that above the two items, which had been erroneously omitted, as above mentioned, entries had been made of other items to the amount of 48,709l. 10s. This discovery was ftated to have been made in and about October 1782, and the items were proved to confift of monies chargeable to Lord Holland's accounts between the years 1757 and 1765. A warrant for the payment of certain fums for fees on paffing the accounts of Lord Holland was produced, and it was proved that Mr. Bembridge had claimed and received 2600l. of thofe fums as his due for ftating and examining the faid accounts. Mr. Rofe, of the treafury, proved the examination of Mr. Bembridge before the lords of the treafury; when the board, on receiving intimation from Lord Sondes, the auditor of the impreft, that a difcovery had been made of the entry of the items amounting to 48,709l. 10s. under the circumstances before stated, thought it neceflary to call Mr. Bembridge and the late Mr. Powell before them. It appeared, that Mr. Bembridge then avowed, that he had not recently difcovered that the 48,709l. 1os. had been omitted in the former accounts of Lord Holland, but that he was perfectly apprized of the omiffion all the time. After the witnesses in support of the information had been all examined and cross-examined, Mr. Bearcroft rofe, as counfel for Mr. Bembridge, and made a long addrefs to the jury in his favour. Mr. Bearcroft admitted the facts charged, but denied that his client had been guilty of any crime described by the law of England as it now ftood; and challenged his learned friend to cite him a fingle cafe that tended in the smallest degree to fix legal imputation of criminality upon fuch conduct as that he was ready to admit had been purfued by Mr. Bembridge. He contended, that though the accounts of the ex-paymasters had cuftomarily been examined and stated by the accountant of the pay-offices, yet it was no part of that officer's duty fo to examine and ftate them, and therefore not being a part of his duty, he was not obnoxious to legal imputation of criminality for having neglected to state them accurately, and confequently not liable to legal punishment. He faid, the cafe had been greatly misconceived by the public, that clamour had prevailed unjustly against his client and the late Mr. Powell, that their names had been bandied about in every common newspaper, and that mifreprefentation and ignorance had attempted to fix a ftigma where none was merited. He defcribed the late Mr. Powell as the friend, the benefactor, and the patron of Mr. Bembridge; and, after stating, that if there was any criminality at all in the matter, it was imputable to Mr. Powell, and Mr. Powell only; he asked, if any man would fay, that Mr. Bembridge ought, or was bound to have turned fpy and informer against his friend and patron Mr. Powell? He faid, it was by no means confonant to the genius and liberal fpirit of this country, to have it's public offices filled with fpies and informers; and if the prefent profecution was admitted to be justifiable, the plain inference was, that every clerk in a public office was bound in duty to turn fpy and informer. If Mr. Powell had been living, he declared, he verily believed the jury would have heard nothing of a profecu tion against Mr. Bembridge, and he dwelt for fome time on the affertion; that if a facrifice was neceffary to be made to the public for the neglect of entering the money ftated in due time, the public had already had their victim in the death of Mr. Powell. He directed feveral of his arguments against the late miniftry, to whom he imputed much blame for their arbitrary proceedings with refpect to Mr. Bembridge, and charged his learned brother with having that day ftood forward their panegyrift. He stated that the whole of the balance due from the executors of Lord Holland, was in the very fame fituation in which it had ever ftood, and affured the jury that it was as entire and as well fecured to the public as any property in the kingdom. He laid confiderable ftrefs on the affertion, that the accounts of Lord Holland formerly paffed and examined, were not actually final accounts, but merely pencilled balances up to the time they were delivered into the office of the auditor of the impreft. After a variety of other arguments, he clofed his addrefs with informing the jury, that he meant to call feveral witneffes of undoubted credit and refpectability, to afcertain the fact, that to state and examine the accounts of ex-paymasters was no part of the duty of the accountant of the pay-office, and to eftablish Ka beyond beyond the poffibility of doubt the character of Mr. Bembridge, as a faithful, diligent, and able officer. The first witness called on the part of the defence was Mr. Bangham, who faid he had been in the pay office upwards of thirty years, and gave an account of the duties of the accountant, which he defcribed, as most important and confie dérable. Mr. Bangham declared, he did not conceive it to be the duty of the accountant to examine and state the accounts of ex-paym afters. He affigned his reafons for entertaining this opinion, and ftated the cafe of an ex-paymafter's accounts having been examined and paffed by other perfons, than the accountant, in his memory. Mr. Craufurd confirmed Mr. Bangham's teftimony, in regard to the known and acknowledged duty of an accountant, and alfo delivered a fimiliar opinion relative to it's not being the accountant's duty to examine and pass the accounts of ex-paymafters. But, on a cross-examination, Mr. Craufurd acknowledged, that his opinion was a matter of belief ftror gly impreffed on his mind, rather than an opinion founded on facts which had fallen within his own knowledge. Both thefe gentlemen gave Mr. Bembridge the character of a man of ftrict integrity and great ability, Mr. Lamb depofed, that on the recommendation of Mr. Sawyer he had been the perfon employed to examine and ftate the accounts of the fate Lord Chatham, after he went out of the office of pay-mafter general, and that no perfon whatever, but himfelf, had any share in the buff nefs. Mr. Lamb was at the time of his examining and ftating the late Lord Chatham's accounts, an army agent... Lord North, Lord Sidney, Mr. Rigby, Mr. Burke, Mr. Catwell, and Mr. Champion, (who had all been paymafters-general, or deputy paymafters) were feverally fworn, and each gave Mr. Bembridge the higheft character as a moft honeft, active, and able officer. Mr. Burke expatiated for fome time on Mr. Bembridge's great merit; and faid, it was owing to that officer's integrity, diligence, and ability, that his reform of the pay office had been carried into effect, and that he had been enabled to do the public the fervice he truffed he had done them." All the evidence called on the part of the defence being at length gone through, the Solicitor General rofe, and made his reply to Mr. Bearcroft; and, at the fame time, offered a few obfer vations to the jury, upon the whole of the cafe, as it had come out in the course of the trial. Mr. Solicitor faid, his learned friend had stated him to be the panegyrift of the late miniftry, than which nothing could have been farther from his thoughts. He had contented himself with declaring, that in have directed their attention to the reforms of the exchequer, they had acted in laudable manner. This, he obferved, was barely doing them justice; and more, he was fire, they did not defire at his hands, as they by no means expected, nor would they thank him for, any applaufe he could beftow upon their con cuct. After this remark, he procceded to state, that his learned friend had admitted the whole of the charge, but contented himself with endeavouring to prove, not that it partook not of criminality in a civil or moral light, but what (if he could have established it) would have served his turn as well, namely, that the conduct of Mr. Bembridge had no legal criminality imputable to it. Upon this part of his fubject, his learned friend had been ftrenuous and urgent. He had declared, that as the law of England now stood the conduct of his client had not been legally criminal, and he had defired him to produce a precedent from any book whatever that would fhew fuch conduct had at any time been so confidered. Certainly he was not, he faid, prepared to quote a cafe from any book, ftating that an accountant of the pay-office had been tried, convicted, and punished, for the fort of conduct in question; nor did he believe any fuch cafe could be found. But this he was ready to thew, that in almost every book, from thofe written in the earliest times, down to Mr.Juftice Blackftone's Commentaries, (the last of the books containing the elements of the English law) his learned friend would find that mal-feafance, misfeafance, and non-feafance, were offences indictable, and punishable as other indictable of fences were. If his learned friend food in any need of a cafe to exemplify this, let him recol lect the cafe of a late chief magiftrate of London, who had been recently convicted of non-fealance, of not having been so active and diligent, as he might have been, and as he ought to have been, in quelling the riots in June 1780, There was no doubt, he faid, but every man in a public office was refponfible to the public for his official conduct, and punishable for offences of omiffion, as well as commiffion, if the public were liable to be injured by either. Mr. Bembridge was a public officer, as much fo as the noble earl who then fat upon the Bench. It had been proved, from his own teftimony on oath, that he knew it to be his duty to examine and pafs the accounts of ex-paymasters as well as of paymasters in office. It had been proved that he had received 2600l. for examining and paffing the accounts of the late Lord Holland, the very accounts in queftion. It had been proved that he himself made no fcruple to avow before the Lords Commiffioners of the Treafury, that he knew the 48,7091. 1os. had been omitted in the former accounts of Lord Holland, and omitted for eighteen or nineteen years together; and, against his own evidence, it had been attempted to be eftablished on the part of the defence, that it was not the duty of the accountant to examine and state the accounts of the ex-paymasters; but, on a cross-examination, it had come out, that this was matter of belief, and in fact nothing at all. His learned friend had in one part of his argument afled, if Mr. Bembridge ought to have turned fpy and informer; and had defcribed Mr. Powell as his pacron and benefactor. He begged the jury to attend to this--his learned friend had fet up as a ferious defence of a perfon In office's having connived at a criminal concealment of the public money on the part of one of his af fociates, that he was not bound to betray his |