occafion any delay that can be avoided in opening a negotiaton, I shall not infilt on a literal performance of the original ftipulations, on account of the length of time that the execution would require.

Let, therefore, the garrifon of Coimbatore be sent to this army, to be fet at liberty, according to the conditions of the capitulation that were fettled between lieu

tenant Chalmers and Cummer ud Deen Khan, and I shall then be ready, in concert with the allies, to fix upon a place where vackeels from you may conveniently meet proper perfons that will be deputed, on the part of the three confederate powers, for the purpofe of endeavouring to arrange the terms on which a general peace can be re-eftablished.

IN the house of lords, on Tuesday, -March 20, earl Fitzwilliam having moved for the fecond reading of the bill refpecting the functions of juries in cafes of libel, the lord chancellor obferved upon the great importance of the bill, which, whether to declare what was the law, or to alter the law, rendered it equally neceffary that the house should have the affiftance of the judges, before they decided upon the bill. He urged the right of judges to give advice in facts, and directions upon points of law, to juries: lord chief justice Hale, he faid, fupported this doctrine, as did Mr. Juftice Vaughan, who had ever been acknowledged the tutelar faint and protector of juries. If noble lords had an interest in that which had ftood the teft of ages, and on which the country had flourished, and obtained its prefent full poffeffion of freedom, it was the right of juries to decide on all queftions of fact, and the right of judges to decide on law. He moved, therefore, as an amendment, that the bill be read a fecond time on Tuefday the 24th of April, by which, he obferved, the judges would be prefent, and their lordships might be acquainted with their opinions.

Earl Fitzwilliam, from a deference to the learned lord's opinion, acceded to the amendment.

Lord Porchefter faw no neceffity whatever for the opinions of the judges, who were not legiflators, but interpreters of the laws when made.

Lord Grenville was for having the opinion of the judges. He expreffed his fin'cere wish to be, if any doubts did exist, to have them removed; holding, that doubts in cafes of law were the most dangerous that could have exiftence, for the certainty of the law was the eff nce of the freedom of the country. The prefent period, above all others, was fuch as rendered it peculiarly unfafe that doubts or differences hould exist between judges and juries;

for libels, it was notorious, were now cir culating, not against individuals, nor any particular act of government, or againít the general adminiftration of the kingdom, but against the constitution itself, and endeavours were made to render the people diffatisfied with the liberty and the bleffings they were in the enjoyment of, by persons who would rejoice in effecting a difference between judges and juries.

Earl Stanhope objected to poftponing the bill for a fingle moment, as a reference to the judges would be an act of the groffeft impropriety. Every noble lord must know, that the bill afferted that which was ftrictly conftitutional; it maintained the trial by jury, and the freedom of the prefs, the two main pillars of the conftitution, and on which there ought to be no doubt. The trial by jury was a leading principle of the conftitution, by which the people had referved to themfelves the right of interpreting their own laws. In trials for libels it was first neceffary to prove the publication; secondly, to decide upon the inuendoes, or the averment of the fenfe of the words; thirdly, on the law; and fourthly, on the criminality of the libel: the two firft points were never difputed; but fome judges had contended, that when the jury had found a publication, perhaps never denied, and the inuendoes, it remained with the court to decide upon the matter of law and criminality. But the giving to a jury a right to decide upon the two first points alone, was ridiculous, for it took away, in fact, that power which by the conftitution it was intended juries fhould have. The present bill went alone to declare that to be law, which had been, was, and ought ever to be, the law of the land: whatever oppoûtion was made to fuch a bill, went, in his opinion, to break down the barrier of the conftitution, and to deftroy our li berty: for if any future king, (the prefent could not so act) should think proper

to imitate the conduct of king James, and raise money without the confent of his parliament, he wished to afk noble lords in what manner was the alarm-bell to be rung, if the freedom of the prefs was to be done away by leaving the criminality of a libel without the reach of a jury? If juftice were done to juries, no fear need be entertained of libels against the conftitution; for if they were not then prevented from going abroad, they would only go abroad to be defpifed. He would not, he again faid, confent to the delay of a moment to ask the opinion of the judges; it would, in his opinion, be equally ridiculous, as if their lordships fhould ask of the judges, whether Magna Charta were repealed, or whether the Bill of Rights were in any respect done away? Every one of their lordships were fully adequate to decide upon conftitutional points; they all knew that the conftitution was above the law; that the law was above their lordships; and that above the conftitution itself, were the eternal and immutable laws of justice, and those unalienable rights given by God to all man

kind.

Lord Fitzwilliam said, that when fuch libels were rife, as had been mentioned by the noble secretary of ftate, libels which they all felt and deprecated, it became highly neceffary that no difference fhould be fuffered to exift between judges and juries. The present bill was calculated to remove every difference; on that account, he was anxious that no delay thould take place; at the fame time, from the deference he paid to the opinion of the noble lord on the woolfack, he had no objection to the poftponement propofed, for the purpofe of obtaining the opinion of the judges.

The earl of Lauderdale was against the amendment; conceiving, from hints thrown out, that it was the intention of fome noble lord to afk of the judges what the law ought to be? Such a question, whenever proposed in that house, he should never agree to have put.

Lord Grenville faid, it certainly could not be intended to ask the judges what the law ought to be, but what the law is.

The question was put on the amendment, and carried without a divifion.

In the house of commons, on Monday, March 26, leave was given (on the motion of the chancellor of the exchequer) to bring in a bill, to enable his majesty to empower the inclofing of 20,000 acres of the New Foreft, in Hampshire, for the

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preservation and increase of timber for the navy.

On Wednesday, March 28, in a committee of the whole houfe, the chancellor of the exchequer moved, that the sum of 322,500l. be raised by a lottery of 50,000 tickets at 161. 5s.

Mr. Taylor reprobated the continuance of lotteries, as tending to corrupt the morals of the people, and productive of the greatest mischief.-The refolution, however, was put and carried.

The fame day, the debate was refumed, on the motion of major Maitland, That it appears from the military confultations of the 12th of August 1788, that the object which the Madras government had in view, by fending a military force to the Travancore country, was to have them ftationed in the place from whence they could, with the greatest ease and expedi tion, invade Tippoo's dominions.'

The fpeaker read the motion from the chair, and the amendment proposed on a former night by colonel Phipps, for adding the words, in cafe fuch an operation fhould be deemed neceffary by the aggreffion of the latter, against the rajah of Travancore, which was a circumftance to be expected.'

Major Maitland faid, when he had propofed his motion, he had given it as his opinion that the fending troops into the Travancore country was a weak, foolish, and wicked measure. He was convinced, that our government had acted upon an offenfive system, and that Tippoo was not the aggreffor.

Colonel Phipps entered particularly inte a negotiation between Tippoo Sultan and the rajah of Cochin, and into several acts of the former, to prove that his conduct had fhewn an invariable hoftility to the English; and justified the sending troops in the Travancore country, as a measure calculated to preferve our ally, and to prevent Tippoo's inroads into the Car natic.

Mr. Johnson begged leave to state a fact to convince the house, that the system of our government in India was pacific and not offenfive, and that the war was a war of indifpenfable neceffity: the honourable gentleman ftated, that a few days before he left India, he had the honour of a conference with lord Cornwallis, who had expreffed his great apprehension that he fhould be compelled to go to war; and begged him to apologise to ministers, and to affure then from him, (lord Cornwallis) that nothing should induce him to

depart

depart from a pacific fyftem, but the moft dire neceffity. Such a declaration from a man of the noble lord's honour and plainnefs of character, he was convinced, would fatisfy every gentleman, that he neither had any hoftile intention in his own mind, or that he had received inftructions from home to act hoftilely. The hon. gentleman afferted, that from the treaty of Bangalore, Tippoo had invariably infringed upon the articles of peace, and particularly keeping more than two hundred of our countrymen in bondage: if any thing would roufe Englishmen to war, it would be the glorious attempt of refcuing our countrymen from bondage. He concluded by afferting the war to be just and fortunate.

Mr. Francis was against the amendment; but the queftion was put, and the amendment carried without a divifion.

Colonel Phipps then moved, That it appears to this house, that the agreement entered into by lord Cornwallis with the Nizam, by his lordship's letter of the 7th of July 1789; the establishment of a military poft in Travancore; and the origin and continuance of the war againft Tippoo, are confiftent with the wife, moderate, and politic views established by the parliament of Great Britain, in the system laid down for our government in India.'

Major Maitland was against the whole of this motion, and particularly against that part of it which approved of its continuance at a time when the house, not being in poffeffion of the terms offered by Tippoo for a peace, were unknown to the houfe, which terms might render the continuance of the war unjuft, even should its commencement be admitted to have been juft. He faid, the neglect of lord Cornwallis, in not fending the terms of peace fubmitted to him, merited a vote of cenfure rather than a vote of approbation.

Mr. Hippefley condemned the letter to the Nizam as an act of the most offenfive nature against Tippoo, and gave his negative to the motion.

Mr. Powys was ready from every information he had received, to give his hearty approbation to the origin and progrefs of the war; and to the letter from lord Cornwallis to the Nizam.

Mr. Fox entered particularly into the negotiation between the rajah of Travancore and the Dutch, for the forts of Jacottah and Cranganore, which he argued to have been an act of an offenfive nature against Tippoo; he condemned the letter

to the Nizam, as an infult to Tippoo; a fimilar infult to which, would not be borne by this country from any confederation of powers. He reprobated the uniting in one man the chief civil and military authority, which was, he said, the creation of an abfolute fway, that no mortal ought to be poffeffed of, and could not fail to prove impolitic, and dangerous to liberty. He lamented that minifters fhould, by the frequent ufe of the name of the noble lord, place him as a fhield before them, instead of meeting the difcuffion fairly, and tak ing upon themfelves the refponsibility of measures they had adopted.

The chancellor of the exchequer faid, the character and the name of the noble lord.might be taken as a fhield, as long as virtue, honour, and talents continued to be revered. But in the prefent question no fhield was neceffary; his majesty's minifters were ready to meet every difcuffion on the justice and policy of the war. He went fully into the nature of our alliance with the rajah of Travancore; contending, that Tippoo's attack on his country was an evident aggreffion. He argued in fupport of the letter to the Nizam, by which, he faid, every offenfive article in the treaty alluded to was expunged, and those suffered alone to remain which it was the duty of the noble lord to continue and maintain. He justified the whole conduct of lord Cornwallis, and reprobated the invidious criticisms made by gentlemen on the oppofite fide of the houfe, upon the detailed proceedings of officers ferving their country, and who, by their absence, were unable to refute the charges brought against them.

Mr. Fox in explanation afferted, that no criticisms had been made on the conduct of abfent officers, but fuch as were forced by minifters, who had inferted in the fpeech, and in the addrefs, an approbation of the able conduct of lord Cornwallis in carrying on the war.

The chancellor of the exchequer faid, he would re-affert, that invidious criticifins had been made on absent officers, in no degree called for by the fpeech or address, but founded on information given by gentlemen on the other fide of the house, which information was never before the house, by documents, or any other regular way.

Mr. Finch afferted, that the criticisms of the conduct of lord Cornwallis on a former day, were unprovoked, unjustifi. able and diforderly, and calculated and

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though pursued for more than four leagues, it was impoffible for the enemy to cut him off.

He then refolved to regain the pofition which he occupied in the evening above Quievrain. The poft was already occupied by the Auftrians. With a fingle battalion he diflodged the Hullans, and took poffeffion of it; but a reinforcement was neceffary to maintain it. He ran himself to bring up a second battalion and two pieces of cannon; but either owing .to mistakes occafioned by the clouds of duft, which made fome bodies of the French troops to fire on each other, while parties of Hullans were keeping up a warm discharge upon them; or to the rest of the army collected in the woods to take breath, being exhaufted by hunger and fatigue ; he found it impoffible to effect his purpofe. The troops then fell back to Valenciennes.

The fecond battalion of national volunteers of Paris, and the huffars of Efterhazy,

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did particular execution among the Hullans. These two corps, by their ardour, their firmness, their courage, and, above all, by their difcipline, gave an example, that if followed by the rest of our troops, efpecially the 5th and 6th regiments of dragoons, would have infured the fuccefs of the expedition. The greater part of the baggage and artillery was faved.

Marthal Rochambeau, to cover their entrance into the town, advanced with three regiments up the heights of the mill, and under the guns of the place. Ateight in the evening he was firing on fome detached parties of Auftrians that were fcowering the plain.

M. Biron was the last man of his army that entered Valenciennes. He immediately repaired to the municipality to affure them that the town was in no danger. He received teftimonies of esteem and affection both from the citizens and the foldiers.

[To be continued.]

N Thursday, May 10, a new comic Opera, called JUST IN TIME, was performed, for the first time, at Coventgarden theatre. The characters were thus represented :

Sir Solomon Oddly, Mr. Quick; commodore Larboard, Mr. Powell; captain Melville, Mr. Incledon; Dr. Julep, Mr. Marshall; Stave, Mr. Munden; Handy, Mr. Blanchard; Roger, Mr. Thompfon; Le Friz, Mr. C. Powell:-Augufta, mifs Dall; Maria, Mrs. Mountain; lady Oddly, Mrs. Webb; and Judith, Mrs. Martyr.

This opera is the first dramatic production of Mr. Hurlefton, a gentleman of the most amiable character. The fable is as follows: Sir Solomon Oddly, a whimfical old fellow, who had formerly been diftinguished by city honours, but who quitted business to gratify the pride of his wife, as well as to indulge a strange propenfity to literature, for which he has no qualification, lives in a pleasant rural retirement with lady Oddly, and their daughter Augusta. It is determined by the parents of Augufta, that the fhall be married to Dr. Julep, a fantastical pretender to the medical fcience; but Augufta is attached to captain Melville, a young man of worth and accomplishments, who ardently returns her affection. Stave, the parish clerk, who is the principal fervant of fi Solomon, has been bribed by

Melville to forward the intereft of his paffion for Augufta. Melville, by the advice of Stave, affumes the dress of a ruftic, in order to gain admiffion into fir Solomon's manfion, and obtain an interview with his miftrefs. The lovers meet, and agree to elope the fame evening, but are unfortunately overheard by Dr. Julep, who confequently determines to fruftrate their intentions. It appears, that Julep was previously married to Maria, an amiable woman, whom he deferts, but who has traced him to that neighbourhood, and has heard of his difhonourable views of a

fecond wedding. In this extremity, Maria applies to commodore Larboard, a rough and hafty, but honest old tar, who is the uncle of Dr. Julep. The commodore fympathizes in her diftress, and determines to difinherit his nephew, unless he redreffes the injuries of the unfortunate Maria. The doctor himself feels fome qualms of confcience when he reflects on the worth of his neglected wife, and his own villainous intentions, but has not generofity enough to aid the cause of the lovers. When Melvilie attends, at the hour of affignation, to convey away his mistress, the doctor and his fervant come armed to the spot to prevent the elopement.. Melville drives away the cowardly fervant, and commodore Larboard is brought to the fpot by the noife of the contention; he immediately reproaches his nephew on the

bafencfs