Star. — London, England, 1804-12-21 00:00:00

CAPTURE OP THE ALMA. Yefterday a meeting at held at Lloyd's Coffee. honk, to take into confideration the capture of the Althea, and the cerrefporidence which has taken Iplace on this fubjeet with the Court of Dirators of the EaR India Company, &c. . , Mr., Mavoa opened the bufinefs in a long and' able-. fpeech. We can only b g v i , v r e ec a ir iketch of the Principal points . He .began the atten tion of the Meeting to the 'Refol a dtTo g ns of their Committee on the 3oth of Oftober, a copy of which was tranfmitted to Lord Castlere agh and the Court of Ditators. On the part of h is LordOsip an in- I terview was obtained, and Mr. R f tranfrnit ted from the Court of Dirators a paper ameY containing obrervations on the Refolutions of t Corom' deigned to loftily thole inaruCtions of the G i o t iv tee, nor General to which the tor; of the Althea :vas er. he attributed. It was his duty on the prefe r nto l cs t a: fion to offer a few obfervations on this - a flruck him as being one of the moil. extraordinary ppefic produftions he had ever witneffed. lied it indeed been the production of a folitary individual, he filsconld have paired it over in contempt, but profeffing to..come from the whole Court of Direftore, and brought forward as a complete anfwer so the Ref o- Intim of the Committee, it 'claimed the ferious at tention of the meeting. The charge reside by the Committee was one of the cleareft imaginable. It was limply this—that in confequence of inllrudions frost% the Governor General to Captain Maxwell on the -troth and 27th of February lA, Entail (hips were excluded from that proration granted to a foreign drip s and that the confequence of thefe inftruilions was the capture of the private fhip the Althea, value foot, hundred thoufand pounds. This charge was founded, in the firs inlar.ar no a letter of Mr.Lumf. den to Captain Maxwell, on the 6th of February, Rat ing, that leave war granted to a Portuguefe fhip to proceed to Europe under his convoy, and that Capt. Maxwell was to afford this fhip all the proteflion in his power, confittent with the fafety of his ir•-ne diate charge. The other document to rapport the charge, was the letter of inflruCtions to Capt. Max well, informing him that five private flips, of which the Althea was one, had leave to proceed under con vey of two flips of war ; but that it was not the in tention of his Excellency, that Captain Maxwell fhould take charge of the private (hips after feparat ing. from the ihips of war, or to fuller his pairage to be in any degree retarded by he rivate Rips. It wasaimpofilhle, he contended, t not to fee the very marked dittinetion in the fort of protation to be given to thefe Portuguefe veins and the property of the British merchant. The Governor• General, doubt lets, as Mr. Mayor contended, in confequence of or ders from Leadenhall-fireet, had Wiled inftrultions leaving Briiirh flips of immenfe value atfolutely un proteited. But this was not the extent of there orders. They not only did not provide for the proteftion of the veffels, but abfolotely prohibited Captain Maxwell from yielding them any affift once, even in cafes of the greateft peril. Captain Maxwell was clearly inlarad• ed to afford every fort of protation to the Portugoefe thip dining the whole voa 2 ge ; but, he is oti quitting the flips.-of war to make the bell of his, way to Europe without once 4hinking of the fate of the private flips. and this at a time when the Lakes - is Seat were infefied by an enemy's fquadron. It was not indeed eafy to conceive a negative againit protec tion,snorb (honey expreffed than in the Governor's inffiruliions. this was the fair flatement on which the iefolutions of the Committee were founded. — What was the reply of the Court of Dirators.? Had they in a manly and candid manner acknowledged that they were aßoniffied at the extraordinary in- Rrultions which had given rife to the Refolutions of the Committee ; that they were totally unable to ac count for them ; and th at without delay they Would write to India for the fpecdieft explanation, accom panied fly orders, to prevent the repetition of fimi lar extraordinary inflrueficas in future. If they Waited in this manner, he was fore the Committee would have felt themfclves indebted for Rich candid tondua. This could only, however, have proceeded front total innocence in the bufinefs, and complete ignorance of loch inftruaions having been given by the Governor-General. This ground being untena ble, the Dire&ors began their defence by reference to what Captain Maxwell had done for was far the fr p om ro , teition of the wh ole convoy. He • trifling to throw the flighteft infinisation on the eba rafter of that Officer. On the contrary he was eon -winced that he did his duty o n e very od cafion, w i t h fidelity and fpirit. But this was not a quefiion refpec , ring his merits, which were not difputed, but whether the extraordinary of& es to which he had been alluding had not occalloneci tl:e lots of the Alvitea ? A pofitive wohibitien was slimly not annihilated, though all the bad confequences which might have refo t lted • from it. had not taken place. The c ie amine of he , ;nitrations ilia recur' e d for con fiderattoo. The Court near aliened that their difpatch from Bengal did not allude to the orders in queltion. is was of no eon fequence, fince it was not attempted to he denied that the inftrations were feat to Captain Maxwell in an of (cum. What, however, put the matter to tea was, that Captain Maxwell in his evidence Rated that he confidered the Wit ations as abfolotely depriving him of all controul over the private flips. Mr.l44avor I commented very ably on this part e anfwee of the Direitors, and maintained that it was impoffible 1 :1 pit their conitrutlion on the orders without con • 1 . g• 1 the pl ainch t e r ms of language.. He !hewed -ion. in A , :.iat it was impoaible to conceive a prohibition drawn o p in terms le ft liable to millnierpretatioo. He went: • 4m to c omment on the fourth fe3icn of the anfwer e f which Le a rgued was not applicable i ttlic,:..thi:i7r:6l;rs)The ;.riv-ate merchants complained, not that t:leas..!-: ips did not prote& the private fhip, but thac3tiliner'l6itila, teetion prooted to a forever fuhj..:B. This was the .1 ' . was withheld croon •a B,;:ifi, % contraa they held up, l an t, cl L taiinthAelarithenell lad h t. ; c trot t .iii l ots o C.onsmiztec. The next part of the Nlay.lr mulled was the inter tri b I le evidence d t bc o 1 1 :• re , :t ' ll ' :e . '10).10 on whiz . 't Lord liawkefbury's office. view of th e Comm .''c‘ ' " Noble ',old did e,- .• At that intervicw. tOottg.::r.cf. the Cow t of Di.. c. dcavour to dc': c.] the h An!' ton, adrnittcd that t rottedieii.. ri t ei ,; . r a )t i. :! - I c e .?;:iarr fiern•Gi.:l:n.ctt cal's orders 'gas "ic en•and made it highly re 9.1.' she minds of di!. " e 'the oature of the protec , , Cary that, for the foto! . e i t dps Noold he defined rs to be affordea to . „„ ,i,c„itai as pcic. IPfinsi"atafwer wait.eccifive is is- your of the refolutions of tifi Committee. The private merchants could not defire any thing more explicit in favour of the extenfion of, and protedion to, a trade fo much encouraged by the Legislature, and fo loudly demanded by the Country. At this interview one remarkable obrervation was made by Lord Cafilereagh, that, generally, a!! order: relea la: to the fang of the Company's (hips originated in England. Having flailed what refers to this interview, Mr. Mayor direded the attention of the Meeting to fame circumflances which came out on the examination of Captain Maxwell, which Itrongly confirm:4i the fufpicions of the Commit tee, that the orders which occafioned the lots of the Althee, were fent from Leadenball greet. He admitted, in the entitle of his evidence, that he had ()titer order: than thofe already difclofed at the period of his failing from Bengal, but declined,,9.44- aq of their. This remarkable anfwer the Commit-. tee had tranffnitted to the Court of Direftors, accom panied by a requelt of a copy of there orders.—The Dire/tors admitted there were other inftruftions, but Rated that they did not relate to the Althea. This was, however, mere evafinn, for it was ridiculous to think that there inflrudiono did not relate to the proteCtion of all the trade ready to fail, of which the Althea formed a part. The very circumflance of the prohibi tion not extending to the Porturefe fhip, formed a ftrong proof that the Governor aded in conformity to orders recently received. In this, Rate of things, the Direhtors had declined the further dircirlEon of the ruby jed, and it was necelfary for the merchants to ellablifh the juttice of the conftrudion put on the orders in the Refolutions of the Committee. Mr. Mayor then ex plained the mode in which the inveßigation (hould be demanded, which will I.e feen iielow. He doled his long and able fpccch by fume obrervations nn the im portance of the private trade, which had encountered fo much hoftility from the Corset of Direftors, and Co little dired fupport from the Executive Government. At prefent the private merchants could rot Packer themfeives under a fmaller premium than 25 Though this Itlid not amount to an abfolute prohibi tion, yet it would, if continued, materially tend to tenure this trade into the hands of thole Foreign Na tions from whom Britith merchants had wrelled it. The private merchants were at prefent in the fitua tion of being cheated, deceived, and denied that pro tedion granted to foreigners, and this too in a branch of trade which, from its dißant pofition, left them no opportunity of remedying the evil by timely remon (trance or encreafed premiums. But the private merchants had mule of complaint. not only againa the Government, but the Company. For feveral years the Company had armed their Ibips to pro ted the Bengal traders, which paid a premium of one per cent. If the Althea had paid this premium, be was informed, on high legal autho rity, that the Minters had a right to recover from the Company the whole value of the fhip. If this (hould be found to be the cafe, the Company might depend on it he (hould not lore Gght of the Wands. —Previous to his fitting down he made Tome pointed 'remarks on the high pretenfions of the Company, and their hats! tmatincnt of the private merchants, which perfilled in would prove a Rrong a . rgoment againft she renewal of their charter, the applicatiots for vihids *a; at no very remote period. a concluded with moving the folkwing refolutions : Hcf.,!ved, That the proceedings of the Committee, purfuant to the Refolutioos of 'the rex detaber lift, have fully confirmed the R.cialusans of the General Meeting of that day, that the drudions of the Governor General of the 6th and ayth of Febru ary laft, precluded Botch (hips from the protedlon which was at the fame time granted to a foreigner, and In confequenee of which the Althea, of the waits of above acopool. la into the hands of the enemy, sod aa being equally extraordinary and repreben6ble. Reeked, That the Thanks of this Meeting be given to the Chairman and the Members of the Cosuaittee, for the seal and ability with which they fupportad and earned into died the Re ligation. of the General Meeting. • . • , Refulatal, That the Thanks of this Meeting be given to Mr rilwor, for his caulk& an this =alba. Which were adopted. On Friday evening lift, about fix o'clock, as Mr and Mrs. DISNIV, of Surbiton-houfe, were returning from town in a curricle, they were (lopped on the hill near Kingßon, within too yards of the turnpike gate, by two men armed with ittol,, who robbed them of two valuable gold watc hes, and Bank of England notes to the amount of 321. On Tuefday fr'nnight, while the 'flay Companies of Volunteers were vozrching from the Square to the 1,,,4ay, at Greenock , in ord er to embark, one of the privates was obliged to quit theranks, being furl day feized with ficknefs. He was immediately tart tied to his lodgings, where he expired alma inflan taneoufly. Wednefday as a nnifery-maid was caring Oxford fleet, near Bond beet, irith a child in her arms, and leading another, (be was knocked down by a car• riage, one of the wheels of which went over the young. cft child, by which it was fo mach hurt as to render its recovery hopelefs. Some days fince an apprentice to a fhopkeeper op. polite the ViCtualling O ffi ce at Chatham, in opening a drawer to ferve tome ivory black, unfortunately rniflook the contents of the drawer, which was filled with gunpowder, and a (park falling from the candle, it blew up with a gre at ex p lofion, by which the Osop window was forced out , a nd the boy moft dreadfully burnt. foe evenings fince the linen warehoufe of Meffrs. Murphy and Co. of Paternoller row, was entered by means of falfe keys, and robbed of a large quantity of l,ilh linens b y thieves at prefent unkbown. Friday night, the warehoufe of Mr. Joule Twos( zoo, merchant in Stirling, was broke into, and goods to a confiderable amount carried off. On Tuefday morning early the premifes of Mr. Jackman, of Kingfland Road, were difcovered to be broke open, and property ttolen to the amount of up wards of pl. A few evenings fince, fume perfon or perfons got up to the uinchw of a bed room, at the Plough, in Little Dourton, Ostiirdlhiic, in which lay the dead body of a man ; they puiled a fiseet frern off the body, unpinned another which was wrapped round it, an. were drawing it towards the window, when fortniiately the head attic': againit a pewter plate, which falling on the (him, by its noife alarmed the people in the ! m ule. On entering the roo m they found the corge with the hc.td lyi! g on the floor, and drawn near to the window ; but for this timely intrution, it is fuppoled the body and lien wositi have been taken off together. L 4:1 0 ' INTE LLIGENCB. COURT OE KING'S BENCH, DEC. so. scums v. :same. The Plaintiffs are fugar-000pers. the Defendant is the Treafurer of the Weft-India Dock Company. Mr. Gamow Paid, the objed of thisaftion was to recover a compenfation in damages for otaftration given by the Directors of the Well-India Dock Com pany, to the. plaintiffs, in their occupation as fugar. coopers. He now fought a verdict, but he did not with that it mould extend to the whole reach of the ferions injury, during the•throe years the plaintiffs had fuffered by this obftruftion; the object was rather to obtain a • folemn decifion of the Court of King's Ilench, in 'the form of a fpecial vcrdid, than to obtain perfonal redrefs on the prefent occafien s and eonfif tently with the liberality that might be expefted front a great public inftitntion. the decifion was to be ob tained at the expence of the Company. not of the tradefroen for whom he appeared , Previous to the ereltion of the great monument of our commercial wealth, over which thefe Direflors preftded, coopers were employed, firft on board the Weft-India (hips, to pot the hogfleads into a condition to pars the flings and this was called—cooperage on board the (hip.. Secondly, there was a cooperage on landing, and this was diftinguifbed as—land coopering. Tbirdlyi in the cafe of exportation, there was another kind of preparation of the hogfheads . , which was called --; cooperage fur exportation. All the coopers in thefe three honcho were perfeitly cliiiind, and the plain tiffs in the prefent action were of the latter daft, or export coopers. The whole of this bufinefs was con cluded on the legal quays, until the prefeut 'raft ebb liflimcnt was caneti‘•ned thc authority of Parlia ment. A merchant of confiderable eminence bad employed his clients in the trade, and. wifhed to colt time them as his coopers, for the fugars he poffeffed in the warehoufes of the Weft India Docks. ..The plaintiffs offered to fulfil the orders they had receiv ed for this purpofe, and were obfirtifted in the exe cution of this duty. They (aid. if the goods remain at the docks, the hoglheaLls mutt be repaired by the coopers employed by,the inftitution ; yet if you pre fer to have them conpered by your own agents, tab% them away ; you are at petted liberty to do fo. To this it might be anfwered, that prize fugars cannot be removed : and further, is it fit that the proprietor fhould pay immenfe duties incident to extracting his goods from the Welt India Docks, in order that he may employ the coopers in whom he has been !semi tomed to confide EILSR INI, Giiss, and Karr, on the part of the defendants. interrupting Mr. Caeaow ' laid. there was no probability the r e would be any differ ence on the fads of the cafe ; a verdift was therefore entered for the plaintiffs, fubjed to the opinion of the Court of King's Bench on the point of law. MILLS V. 11•IN1lt11101. This was an aftion to recover the freight of goods from Malta to Liverpool. Mr. ES.SILIIIS for the Plaintiffs, Bated, that the , Plaintiffs. Mar ' s. Mills and Hunter, were em inent merchants at Malta, ant , had been employed by Go vernment to fupply them with flour. The aaioa was brought for the freight of 786 barrels of raffia; af flgne4l by the Contignee of the Plaintiff to the De fendant at Liverpool, who received them, and, after keeping tbem two months, fent a letter, Bating, that they were of no value , an d that if the Plaintiffs re fufed to take them back, they would fell 'them by audio% and commence an aßion for the recovery of the lots, alfo declaring, that no part of the freight demanded would be paid. The Plaintiff's, for the conveyance of thefe goods, purchafed the (hip Leo. vine, which was the identical veffcl that carried Bo naparte to Egypt ; he underftood it was a complaint of the Defendants, that the was not fea-worthy ; he wilted heartily the had proved fo when conveying that great perfonage acrofs t Mediteranean ; hut, unfortunately for mankind, i he t proved otherwife.— However, to make the matter (port, it had been al ways decided, that the freight Ihould be paid; and, if the Defendant chofe, he might bring his ation for the damage the goods fultained. This being the opinion of the Court, the Jury found a verchit of 4171. ss. Sd. for the Plaint.as. IRVIDOIS 9. POTTS. This was an adion upon a policy of infuranee upon goods on oard the (hip Edward and Jane, lod by the perils of t b he fea the policy was effeaed on the 29th of September, 1795, fubleribed for tool. Mr. ERSKINE, in dating the Plaintiff's cafe, ob ferved that they were refident at Malaga, and this aftion was brought originally in the year 1796; but unfortunately, being foreigners, great delay occur. , red ; a bill in equity was filed, anfwers put in, ex ceptions taken, and In it continued till iSoo. Some of the folicitors died, Come were changed, and after all thefe obdruaions it came at lall before the Court. The Ship in queAion was bound from Malaga to Lon don. and loft by the perils 111 the fea, and after to many years, the only witnel" they had, was the Cap taro, who commanded her before her lift voyage. The policy, &c. were then proved, and it appear ed that a fum of money had been lodged in Court. Captain Soule dated, that he had been Captain of the Edward and Jane previous to her lad voyage ; but in confequence of a difpute with her owners, he gave np the command. She was a very tight Tact. perfealy fea-worthy, and had Shortly before under gone a complete repair. He Saw her Safe moored, without the Mole Head, at Malaga, on the evening he left her. He underd o o d it blears a korm, wind welleily, in the night, and he caw her upon the rocks next meriting, where She went to pieces. He was examined by one of the Jury (Mr. St. Barb), who had beets in that quarter of the globe, and fume vasiation as to the wind appeared in his teftiwsetiy. The defence was, that there had not been fufficient proof of the caufe of the lots, of the date of the weather, &c. Lord Leetasnanvc a told the Jury, that the quef *ion came to a mere matter of c,a, whether the ref fel was 101 l by the pails of the tea, or the negligence of the people in hoard ! and it was open to the De fendant to thew 'he latter, if ha cosild. The Jut y, aficr '.•mc confaltation, rnire. l , and, in about an hour, t ,:tu:ned to vti; ertA.n !r,,rn CaptAin Bottle, if there w - , e coth: i e nt : ..n..1, o•. hoard to work the Chip ? and, isCitg anfwere , l in the affirma tive, 11 , cy again retired fo: nzat halt an hour, when •.• .• k• 1:4 # 1 0 they found a yerdia to; the Mama 1.1041 WW• the money InJged in Cutlet. , His Lordthip then ditlmfed of twb e41.11111/ l eisfY caeca of no moment. which clofed the Odor al Guildhall. SOPHIA STAMM, O. 'ANVIL LOILD ITSIIOI OF.. sr. ASAP H. ; -* This was an :aflion - upon covenant. brought open two leafes of the Defendant, when be was Prebend of•Caddington Major. • 4ll Mr. Hotaorn, for the Plaintiff. read fevelah pleas from the record. ' Firft, the Defendant pldads that the indentures of leafi; are not his deed; fecond• ly, that the Plaintlff might have enjoyed the leak, without the- interruptiou of any one entitled 0:1 inter pole ; thirdly, that Dr. Winftanley, the facteffor to the prebendary, confirmed the kale, by receiving the rents, .a n d the Defendant travetfes the right of Dr. Winßanley. There are other pleas upon the dd. turbance given to the Plaintiff. - • Easitoi a (aid, that- althoogli the pleadings were voluminou s , the qnellion was in a very narrow comps& The aCtion was brouglu againft the Rev. Prelate] formerly Iliftanp of St. David's, and fubfe- I glumly trangated us the See rf Rochefler. The fine in queiion amounted to 'sot 1. t 6s. which the plain tiff ltei paid to Dr. Winttanley, now chi Prebend of Gaddirgtett Major, being upon the leafe of five houfes on theltbroth.fide of St. Paul's Church-yard, inhabit ed by4leffet. Green wed Pellet, glafs•manufaCtuters, and agliers. The-Learned Couefel Paid, that the leak had never been confirmed. and that therefore it was not only - voidable. bat utterly null and void...-. Thefe kafes mull obviotrfty Rand upon the footing of a leak at common law,which would be nugatory for want of confirmation. The cafe may be a fob. jea of ferii e. complaint with the Billion, but from neglea on his part, the leffee has been obliged to ob tain a neer leak, at the facrifice of the lam Rated, and therefore flue has regularly and legally claimed this amount. It was true that he (Mr. Ertkine) would. rather have facriflced the soool. than bate received it, under there novel and extraordinary cie cumftaneet, of which Dr. Winftanley had sonde (moiled to avail liithfelf. [lt being whifpered to Mr. Ltfkine that Dr..Winflanley was prelate. *p Learned Advocate repeated more emphatically his dbfervation, and Aid, he did not Confider it among the misfortunes of his life. under fuch circumftances, to differ in opinion from this Learned and Moral Divine.) The witneffes were then tailed, among who& were, Mr. Walker, Regifter of the Billion of Lop don, and Mr. Robert Hofer, agent of Dr. Winam ley. It appeared, that the latter, on entering the premifes of Metres. Green and Pellet, had executed his duty with fo much delicacy. that a doubt aide if it could be legally confidered a diftorbance of,* tenant. Mr. Gasaow in reply. commented with much Ice men on the letters of the learned Donor, who had been fo frequently mentioned in this eaufe. He had on the aid of Odober, 1802, written a letter to the following etre& to Mrs. Strong; . - amine, • I Sake the liberty of writing yes cm • blip& INA obNged uiattend to trans a newt us rayons reenny. s sorwer- Cation with a Gentlansa.he enquired If the leaks al the Iwilks)ta St. Past's Cbureb.yard bedlam, confirmed ? To this I reediatia the negative ; and he immediately Waved to me they ma be. Madam invalid. In confegamee of this totormation.l (wank el with three ream eminent la the law, who have reggae* theoploion given by this gentleman, and who afire me, that He mete receipt of the rent will not raider theft hales " I am. tae" Lord E LLLLL 01031/010— ,, This is nothing with to (pea to the caofe, it may merely be confidered as an oraisr efroleietica." Mr. Gaaaow—gi Noihing more or lefs. The Gen tlemen of the jury would not forget, that among the moral and religious duties which this Divine re fpeEted, was a regard to his own family. He ha d d heard from carders obf of human natureg w had more regard to the title of poetical cotnpofiden than to correttnefs of fentiment. that " A hide learning ts a dangerous thing." —The reverie of ill'' as t r ice; an d t h at the noon domellic duties would be ken us be fo Marly con nefted wi h profound !moan; in this dignified Heft. that the only fecurity for moral attainments is fu ture, he was convinced, Ihunid be conildered as the conitant companion of great erudition. It was um that he felt fome difficulties •in the prefent defence, but under this view of the moral feelings of Dnexer Winflan , ey. he could have no uneatinefs. either for the plaintiff, Mrs. Sophia Strong, or for the Defeo dint, our Right Reverend Father. The moment Dr. Wiußanley Mould perceive that the neceffary confecmence of this etatiion of the soool. was. that either the one or the other Gould be the futierer, be would haiku from t:te Court, where the Learned Counfel had now the plesfure of Peeing him. to the table of his bankers, where he would procure the money to exonerate them b oth ; and the verdid of the jury would Se eclwing in his ears while he was pounding at the door cf ihe Plalntiff, to return to her the gold he had ignorantly , not fraudulently, En tented Mr. Garton . , in his defence. Inincipalty re. lifted the aftion on two g rounds —Flea, that the reale was void I that therefore the Plaintiff and the Pre hend could alone be tonfidered in the light of tenant from year to year, that this tenantry requires notice, and no filch notice had been given ; neat, that it moll be clearly made not that ditturbance had bean given to the occupant by the Prebend fueemdiog the Defendant ; and on the criticises it appeared no Welt dillorbance had been given. Lord Ettessosiouon-0 We cannot help regret ting that the Defendant fhotild he placed in this fito ation ; but it is not my duty m fpeak of the moral feelings of either party—it is your province and aim alone to attend to their Icyal rights. Dr. Winflanley not having given the coo firmation. or the Dean and Chapter, or the Biihnp, the legal rights of the kffee are immediately affeeted, and the Plaintiff Chock' be indemnified for the confequent deficiency in her title. The value of the leak for forty years has bees given at soool. and an intelltent vsitriefs has Rated, that the term of thirty years enjoyed by the Plaintiff is, according to that ratio, of the value of 4.3501. Yon trill cnn'ider your verdift, and decide acc_nrdiacto the fads before Toti."—Verdiet for the Plaints[ 4.3 501. 11.1 V: a to the opinion of the Court 011 II fps ciAl c )le, • - , . •