Star. — London, England, 1809-12-25 00:00:00

NAVAL EVTELLIGENCW. FALMOUTH, DEC. 22. Arrived the Lord Hobart packet in 56 days from gio Janeiro. PLYMOUTH -DOCK, DECEMBER 23. Arrived a large American ship, dismasted, and in Meat distress—have not learnt her name.—Sailed the li'EAzt.s hired schooner, for Portsmouth : the Goth. riNcu brig of war, for Corunna, having on board a Messenger and an Officer of rank, (who arrived at GOUDE P S, King's Arm's Tavern, this morning, in a post-coach and four; TORNAWT, of 80 guns, and GIBRALTAR of ditto, for the Rochefort station ; the BRISK sloop, for Cork ; ECLIPSE brig, and THAIS loop, on separate cruises, and a large victualler for Cor nnna. PORTSMOTTI7r4 DECEMBER 24. Arrived the SHEARWATER sloop of war, from the Downs ; and the WEAZLE gun-brig, from the West• ward.—Sailed the ARETHUSA frigate, for Basque Roads. The CROCODILE sloop of war takes convoy Africa,—N. N. E. DEAL, DECEMBER 23. Arrived the PODARGUS sloop from a cruise. DEC. (.? h--Arrived the TRINCeLo sloop from Ports mouth. Sailed the VANGUARD and SATURN, of 74 guns each ; Malabar and Tortoise storeships ; &las !OM, CORDELIAI and GALGO sloops ; CRACKER guns brig ; Hursn armed ship ; Supply.and Plymouth naval transports, with a large convoy of outward ound West India ship and coasting vessels, to the westward. The wind having this afternoon shifted sound from the eastward, the squadron from the Scheldt may be hourly expected in the Downs, as the latest accounts from that place inform us of their • ratting only for an easterly wind. DOVER, DEC. $4. Mr. POWELL, Secretary to the American Minister, arrived here this morning, and arked at noon v. ith Mr. MAvNz, the Austrian Messenger, on board the Elizabeth, Captain HAYwARD, which has sailed . or Calais..-Several ships of the Quebec Beet have passed by f the River.—The wind came round this day from ..' c lrliitil a very large fleet is nowcom ing out . Downs, bound to the Westward.— Wind E.N. . and moderate. li-ARMoOTH, DECEMBER 24. Friday, P. M.—The STATELY, of 64 guns, Capt. I THOMAS BERTFE, and the DICTATOR, of 64, appeared off this place ; the STATELY saluted Admiral DoucEAs in passing, which was returned by the ROEBUCK.— rhe weather being foggy, neither ships came in till this morning, but the Admiral landed from his barge :Ai Friday evening, and pursued his journey in a chaise and four for town.—Artived also from the I Baltic tl.ie ROSE, ARIEL, TARTARUS, and MOSQUITO sloops of war. Several sail are now in sight, and :ernrt states them as follows, viz. —ARDENT, MA . :LSTIC, DEFENCE, AFRICA, and ST. GEORGE. Sailed n a cruise the MERCURIUS, HEARTY, and HAVOC. The Eward transport, ISSIES BARTON master, from iuziling, has landed 25 horses and men, part of the epth Li; ; ht Dragoons. The Loire, GEORGE ALFRED MULLER master, of and from Riga, bound to Lon with hemp, is put in here, having parted from Iler anchors in a gale the Roads, Roebuck, Ca lypso, Zenobia, Chanticleer, Drake, Britomart, Snake, Vixen, and ships above-mentioned. , FROM LLOYD'S LIST. GiAvrenti, DEC. 24.—Arrived the Young henry, Waite, 4 ont Oporto ; and the Sarah, Henderson, from Quebec. Sailed }dy.tone, Bruce ; and the Minerva, Meadis, for Lisbon ; Albion, Nicholson, for Demerara; Thetis, Sever, for Jamaica ; lad Economy, Hall, for Cadiz. THE FRENCH NAVY. The following is a correct statement of the French Force in the Mediterranean. It was found on board one of the Ships taken by Lord COLLINGWOOD. in the 25th of October : 'Admiral GANTHEAUME, Chef de l'Etat Major Duranteati. Premier Adjutant Voisin. Capitaine VIOLET. Austerlitz . .10 - 00/ice-Admiral ALLEMANDE. Capt. Gunk/. Commerce de 2 ,„„ . IRear-Admiral CORME• BkOUARD. Dnnawert . . 80 --•• Capt. I N TT.RN ET. him. . • 74 --- Capt. Duraos. Danube . . . 74 - Capr. HENRI. Breylau . . . 74 -- Capt. ALLEMANDE.. huhreiti . . . 74 - Capt. I,ouvELL. Genets . . . Capt. MONTALLN T. Magnanime . . `;.l - Capt. lumns. Ajax ... 74 Capt. PETTIT./ . . . 74 - Capt. MATE. P" 100 IM . . . 40 - Capt. Doosoua Dun. Pomone , 6 . 40 Capt. ROSA la ILL. Pauline . . . 40 -- Capt. MONTFORT. • Amelia . . . 40 - Capt. MC/ NAR D. PYOStrpine . . 40 - Capt. GANTHEAUM Incorruptible . 40 - Capt. MARI IN. Themise . . Sti Capt. VILLON. . 22 c;.rronades. Adrian . . . 40 gnus, just launched. I.a Nourie . . 30 - store-ship, IWO ton!. I.a Laleine . a 30 -- store-ship, 800 tors. Duran . • . 14 store-ship, 450 tons. These ships are all at Toulon. The 40 gun frigates carry 13-pounders ; those of !2-pounders. ikc s i t; n t so art re b Isom Boni No* building at Toulon. A ship of the line and a frigate, building at Geneva. I a Robust., 80,Itear•Admiral BOOOIN, Capt. La Caws ; and h Lion, 74, Capt. Bonuses, burnt off Fnntignau, 26th October. Le Borer, Capt. LINER; and Paulenan frigate, run on shore he Mole of Cette, 515th of October. a Lemproge, 14, Capt. Ls Baircur, burnt in the Bay of Y.• -as, lit November. Le Normandie, 10; le Grondin, 8; taken in the Bay of Rosas, ist Ntivembee. Le Dane, 40; la Fiore, 40, at Corfu. La Gude and la Caravan armed store-ships, zoo tons, SO guns, t' Ciotat. Majectic . . . 120 gums, L'Abeille, le ; rEndyntion, 16; le lames, 16; le Courier,"l6 ; la I agurle. 10, at I.ithorn and Genoa. 1.. Fartique, 20; la Fleche, 10, at Port Vendee. RUSSIAN SHIPS. l' IrICOW ; T 4 ; Et Pierre, 74, unserviceable, to be made hulks, • g Obt ON CHRISTMAS I)AY. Let glad Hosannas rise on high, This day the SAVIOUR came; To save mankind he left the sky, And took our mortal frame ! In loudest anthems let us raise His high and hallow'd name, And in the purest strains of praise Proclaim his glorious fame. Mercy and goodness mark'd his way, GOD 's image here below; On men he pour'd the light of day, And sav'd their souls frbm woe. At his approach see Grief and Sin, See Persecution Sy; Death boasts in vain his venom'd sting, While saints ascend on high ! The Ptince of Peace, from thee, 0 Leath, Has pluek'd that venom'd sting, By yielding up his sacred breath; Our great Immortal Ktlia! Upon he ignominious tree, The LORD of all expir'd, Our guilty souls from death to free, Our bliss all he desir e d ! cffr ELECTIONS, Filial Close of the Poll for Common Councilmen for the City of London, on Saturday. • New Candidates. ALDERSGATE WARD. 203 *Mr. Thomas 193 *Paxton 197 Rowlatt 187 Lovelaad - 176 ALDGATE.— Ret Mr. Taddy 163 Deputy Weddell 161 Thorpe 138 'Bickerstaff - 129 BILLINGSGATE.—Rt Mr. Brown - 134 Deputy Ord 131 Edis 131 Dornford 125 Heaney 1081 Dickens 98 Hanson 98 BiBIIOPSGATE.—Re Sir W. Rawlins - 408 Mr. Clode - 386 Duffel! 874 Greenaway - 353 Nash 343 Windus 333 • White - 332 Ross - 313 *Marsh 304 *1 avis - 291 BRIDGE WARD.—R ' Mr. Child 106 Cartwright - 104 Green - 103 Brown - 102 Saunders - 102 Roberts 101 Bartrum 100 Lacy 98 •Att wood 94 BROAD-STREET WARD.—Returns 10 Members. Mr. Thomas Marriott 103 Mr. Joseph Hearn Thomas Crockatt 95 George Sharpe Hrnry Blaxland 94 *Nathaniel Atcheson *Thomas Clat ke 89 Robert Chapman John Patterson 81 . Richard Causton James Arthur 81 William Cotterel CANDLEWICK.—Returns 8 Members. Mr. Walter 111 Mr. Platt Kirby 93 *Whitby Humpleby 82 Mander Welch 73 I Fossick • - Gale 72 •Groombridge , CAsmEßAvNAED.—Returns 10 Members. Mr. King Aldridge Fisher Turner - •Betts • 170 - 167 - 146 - 96 urns 6 Members. *Mr. FaveU Deice *Robinson Taylor, resigned. .turns 10 Members. Mr. Dunkley 96 Sudlow 94 *Sampson 88 *Piper 63 *Pickard 50 *Lovell - 48 *King 46 turns 14 Members. 120 314 75 Mr. Clarke - 293 Fricker 274 Poynder - 262 Knight - 260 •Judkinr • 237 Gould - 250 •Blundell - 247 *Tit ford Corgh - 243 - 228 Mr. Griffiths 162 Flurcombe - 152 Howell 150 Fenton 144 . Box 143 Trencher 143 CIIEA!' 122 1:S 116 713 11i turns 15 Members. Mr. Cleugh - 94 1 Joiner 88 Garratt - 87 Bovell - 87 , Dutton 87 *Allttin - 70 *Locke - 44 •Smallpiece - 513 Mr. Wigan Deputy I.oxl.sy Cummings - Wright Cheesewright Smith Fournier CORDWAINER.4.-R1 Mr. G. A. Smith 317 1 Hick 111: Deputy Kemble 103 Hamm= 100 Rowe 95 Abbey 92 W. Jones 83 CRIPP LEGATE WITHIN • Mr.Heygate 161 Kerl - 147 Hardy - 139 Deputy White 114 Birt 123 •Habberten - 120 Mr. Taine out bl 75 74 73 72 33 14 Mr. Pownall Slade • larrance Hurlocke •Pearson •Welch •ns 12 Memberi. Mr. Hale •Farr Swift , Williams Mawman 'Dollman CRIPPLEGATE WITHOUT Mr. Dixon a 289 •Crouch - 253 Fallen - 400 FARRINGDON WITHOUT. Mr. Waithrnan - 71$ W. Reeves - 654 •Pontifez - 658 Deputy Herring 629 •Quin - 62: Crook 615 Bardin • 601 Miller - 544 Young - 532 136 136 - 192 108 - 100 - 47 - 98 - 91 . 89 . 88 - B7 - 86 . $1 - 70 - 66 - 47 - SO - '27 - SO eturns 8 Members. I Mr. Trimbey Watson •Beddrr 'J. j ones 'Gardner •Smith • —Returns 8 Members. Mr. W.Vallance 116 •Waterhouse 115 Higden - 103 •Nightingale - 91 •Docksey . 82 •Palmer - 74 y chew of hands. r.— Returns 4 Members. I Mr. Daker - 193 I Deputy Dolly 143 —Returns 16 Members- Mr. Dawson - 531 Nicholls - 515 Griffith - 512 T. Reeve - 509 Wright - 502 Murrell - 501 Brewer - 483 Harper .. 448 . , !turns 10 Members. Mr. Mattel, - 195 W etherby - 121 Elliot - 315 •Stubbins - • 106 Pischback - 86 'Anderson - 73 LANOBOURN.—Re Mr. Phillips - 198 Rankin - 180 *Ayres - 175 Bodky • 168 *Wiltshire - 160 Dixon - 159 *Taylor - 147 PORTSOKEN WARD.- Mr. Colchatch - 268 Atkinson - 260 Hoppe 238 *Carter - 217 TowEft.—Returns 12 Members. Mr. Wright - 186 Mr. Stewart 162 Drinkald, jun. 177 Laing a . 167 Hutchinson 4 176 Cawthorne • • . 152 Skipper 17S Cord • • 146 Bridges - 169- •stnith . • • • 411 Lucasl66 °Hartshorne i • 72 Dina - 164 °Mills, •Returns 5 Members. Mr. Rea - 110 •Briscoe - 108 Hama • 106 LAW INTEL.LIGEMCE. Was In a state of lunacy at het Marriage: Supposeit was proved, under a commission of lunacy, that she' was, the Court had no jurisdiction to dissolve the Marriage, Suppose her husband, in the space of '2O years, did obtain landed property to the amount of £lO,OOO, she would be, by that verdict, deprived of her dowry ,It was impossible that Court could in terfere, under any circumstances. The situation of Mr. Joseph Munyard was a severe one ; and, indeed, he had not solicited the marriage • en the contrary-, , he was the person solicited by Mr. Daniels ; and, since it had taken place, his conduct could not be impeached. He had been a most tender .;,nd affec tionate husband ; and, as his wife had become re stored to reason, he was only beginning to enjoy her society, and she was sensible of her happiness. It was an act of severity, to attempt to separate her from the only person who had the power of restoring her to reason. The father thought her insanity was caused by her affection for Mr. Munyard, and he was not deceived, as the sequel had borne :him out. But, suppose it was not the case, the impaired mind of Mr. Daniels, acknowledged by his affidavit, made i la hi d. m y an unfit person to have the custody of this young Mr. Daniels, a respectable-looking elderly gentle man, jumped up, inside the Bar, in the nioct frantic manner, stamped most violently, and, locking at a gentleman whom we suppose to be Mr. Joseph Mu a yard, exclaimed—" My Lord, that is the man th .- 1 has distressed and ruined me and my child. I demanl my unfortunate child from your Lordship. 1 woo t sooner be dead than my daughter should remain in ' her present situation.. Let your Lordship order me Ito be hanged, if you will only relieve her." The LORD CHANCELLOR gave the only answer which could be given to this unfortunate Gentleman, whiOh was, a look of pity and commiseration. Mr. Hater said, after what had passed, he would not trouble his Lordship any further ; but, he was not aware that he had made use of any expression that could hurt the feelings, or provoke snch irritation ; if he had, it was without his knowledge, and he trust ed his Lordship would believe he was incapable of doing it knowingly. Mr. WILSON followed on the same side ; and said he would pursue the example of his Learned Friend, Mr. Hart, and touch upon the case lightly ; he would not state the affidavits, afraid of a repetition of the scene they had witnessed, and this course, he had not a doubt, would meet the approbation of his Lordship, as he could have an opportunity of reading the affi davits in his closet. The Learned Counsel contended, the Lady was under the proper protection, that of her husband, which both law and equity must confirm. The application had more in view than changing the custody of the Lady, for it went to annul the settle. ment. Sir SAMUEL ROMILLY replied with his usual eloquence and force of argument, He contended. that this unfortunate young Lady was in a worse situation than if there was a verdict of a Jury, con firming her insanity at the time of her marriage ; for if she had recovered her reason, or ever did re cover it, and was sensible of the a ff ections of a husband, she could not return them as a wife, be cause she 'was not one ; her issue would be mate ; and could at any time be made out so by the neat heir of Mr. Munyard. He had seen some of the affidavits on the other side, but they did not contradict those of his client. Dr. Munro's affi- • davit stated she was insane in November last, and there must have been a very quick change wrought in her, if she was now of sound mind. He acknow ledged that the father, Mr. Daniels, was the real Pe titioner ; but his Lordship knew, by the regulations • of the Cour., it was obliged to come in the shape it did before them. As to the irritation of Mr. Daniels, if others were surprised. at it, he was not ; for it was impossible to know what a length the affection of a . parent for an only child will drive him to. None but a parent could be sensible of a father's woes, when deprived of what he only thought worth living for—an only daughter. He contended that . his learned friends had not introduced a single argument to skew that the prayer of the petition ought not to be granted. He did humbly submit, that there was but one view of the case for his Lordship to take, which was, that the marriage was .a nullity, which vested the right of custody in the natural guardian, the father. Lord ELDON observed, that not having an oppor tunity of hearing the affidavits of Mr. Munyard read, . he would look over them, and give his decision on Tuesday morniTl. His Lordship sits, on the 12th and 15th of January, to hear bankrupt petitions. annur OF CHANCERY, DEQEMBIR es. EXTRAORDINARY CASE. Sir S. ROMILLY stated, this was the, petition of Sarah Anne Daniels, a lunatic, to have herself re- Moved from the custody of Joseph Munyard, into that of her father, Mr. James Daniels, or into that of any other persons that the Court Might think proper. The Learned Counsel stated, that never in life, as a Counsel, did he feel more embarrass anent or more anxiety for the success of an applica tion, than at present ; the circumstances of the .case were most novel and distressing. He trusted that he might never again be obliged to listen to the anxiety kof the father of this unfortunate young lady, It was too much for his weak nerves. It would be sufficient to draw pity from the breast of an uncultivated untu tored savage. Mr. Daniels was a respectable gentle man, residing at Hampstead ; the petitioner was his only child. In the month of March last she became deranged in her mind ; she shewed it in several ways by tearing her clothes, sitting for hours naked, strik ing her attendants, and using most violent exclama- 4 thins. Dr. Munro's assistance was called in, but without effect. The agony of the doming father could be better conceived than described - ;, from the distres sed state of his mind, his body became impaired. The i whole affection of the parent was called forth, and his mind being weakened by distress and bodily pain, he conceived the cause of his daughter's insanity was a secret passion for Mr. Joseph Munyard, a young Soli citor in the neighbourhood. He knew she had seen him, as he had done some professional business for him (Mr. Daniels) ; he was confirmed.in this opinion by the expressions of the p e ti t i oner i n h er fi ts o f i nsa - I l aity. He thought, by g i v i ng h er t h e o bj ect , w h at Ihe supposed to be her choice, he would remove her insanity. He accordingly sent for Mr. Joseph Mun yard, and acquainted him with his intentions, without secreting any thing, which were immediately acceded to by him. The petitioner was at this time only 19 years of age, being 20 in last November. Mr. Da niels agreed to give Mr. Munyard £5OO on the mar riage, and the inte r e s t o f 8 6000 s t oc k, unt il t h e pe . 'intoner came to• the age of 24., when it was to be laid out by Trustees for the benefit of the petitioner and her issue. Mr. Munyard had been in "the habit of I seeing the petitioner daily, in the presence of her at tendants, from the 20th of March- to the Bth of April, the day on which the marriage took place, and of seeing her insanity. The prospect of the union did not recover her. On the morning it took place, it was with difficulty she could be prevailed on to allow herself to be dressed. In the church, instead of attending to the ceremony, she was looking around her with a vacant stare, which shewed she was not of sound mind at the time. Mr. Munyard took her home, but it made no change in her mind. On the 17th of April, he returned her to her father, Mr. Da niels, who again put her under the charge of Dr. Munro. On the 25th of April, Mr. J. Munyard called on Mr. Daniels, and told him, if he did not give him a lien on the six thousand pounds stock, and a promise of the residue of his fortune, at his death, he would take the petitioner away, as he had a right to do,she being his wife, and that he, the father, should never see her more. Mr. Daniels refused to comply with this demand ; and on the Ist of May he put his threat into execution, and carried the petitioner off by force. On the 16th of August, there was an execution put into Mr. Daniel's house, for £5OO, by the father of Mr. Joseph Munyard, on the bond given to the latter by Mr. Daniels. The petitioner had been since neglected by Joseph Munyard, and deprived of those comforts her situation required. The Learned Counsel con tinued, that if there ever was a case which required the interference of the Court, it was the present. It asked but little ; only that this unfortunate 4pd beau tiful young lady might be given into tae cstody of her father, or some other person, under the direction of that Court, who would attend to her wants and comforts. It came fully under the jurisdiction of his Lordship, f - -T if she was insane, at the time of the -ceremony, the marriage was null and void ; for, although the person was present, the mind was absent. It was like a person married by proxy, and the marriage never consummated. It was true, they had been married by' licence, and with the consent of her father ; but his indiscretion, which be had severely suffered for, could not make an unlawful act a lawful one ; and if she was in a state of insanity at the time of the marriage, it must be unlawful. The Clergyman who performed the ser vice even perceived there was something wrong about her ; for, on his return to his family, be observed, she must be either insane or an idiot. The reason why this application had not been made before was, that Mr. Daniels intended instituting a suit in the Spiritual Court, to dissolve the marriage ; but he found he could not become a suitor there, when he had given his consent to the thing he complained of. Under these circumstances, he had not a doubt but the Court would look upon her as if the marriage had not taken place ; in which case the right of cus tody could not be vested in Mr. Joseph Munyard. Mr. BELL followed on the same side, and contend ed, the petitioner had a right to tilt redress asked for tat by the petition. p g of resent app ship to ni. .._ Mr. RICHARDS, as Counsel for Mr. Daniels, sub initted that his client was sorry for the part he had t h e piss , but refused to acted, and regretted every hour that he bad been his son, on which proceedings were guilty of such an indiscretion. nicate h iM . Mr. HART, Counsel for Mr. Joseph Munyard, con- Dr. ArnolA tended, that this application was irregular,, for the Court had no jurisdiction to do away with the willing act of the lawful father of this young lady. This was not her petition, although it professed to be so on the face #if it, but that of Mr. Daniels, the fa ther—who had nothing to do, if he was displeased, p p o on riday, by the the Ten der, who, with r Lee .and Biala, but to sue out a commission of lunacy to . try the fact, we whether she was or was not insane at the time the Bow-street marriage took place, and have it confirmed by the B re a s er en ' t t o h i e t board ick c ingcaptai Magistrates, w n,on naeeonnt of f a t t re j ected elvnun y d b he .t:e avßeulat ehimselfself verdict of a Jury. lin the hand, as mentioned in our last, as well as the Sir SAMUEL ROMILLY" He could not have a , general infamy of his character ; he has , therefore , commission of lunacy, without there was property in been committed as a rogue and vagabond. the case." CHRISTMAS BOXES AND NEW YEARS GIFTS.—The Lori ELDON—" The Court would not grant it, I very best that can be given or received, are to be without the husband was not able to take care of her, , had at CARTER'S, No. 8, Charing-Cross. By the and consented to the commission." purchase of Lottery Share:, you may secure to your. • Mr.- HART, in continuatitm, observed, that he had self or friends an absolute fortune.—The risk is what affidavits, which denied she was insane at the time of every one can afford—the fortunate consequences are the marriage, or that she was so now • but of sound what every one desires. Instea d, therefore, of merel y mind, on the most affectionate terms wi th her husband, wishing children or friends a happy new y ear, make i t and dreading nothing but a separation from him.— one, by giving them a probable ch ance of p i os p erit y The first question to be considered was, whether she for life. EX-PARTE BORRAINE. This was an application to quash a Writ issued by the Court of Prerogative, Doctors' Commons, to com pel Mr. Borraine to become tilt guardian of his son, for the purpose of having process served upon him. The• wife of Mr. Borraine, jun. had libelled her hus band in the Prerogative Court; for adultery, and. other crimes and misdemeanors against the connubial state, but he being under the age of twenty-one, no process of that Court could compel him to appear to the snit ; and - proceedings were then had against the present applicant, fo compel him to take out letters of guardianship to his son. Mr. Borraine appeared to the process, but refused to become the guardian of his son, on which proceedings were had to excommu nicate hiM. Dr. Arnold, the Civilian, attended, and was bean in support of the writ, but the Lord ChancellcK was of opinion that the process could not be supported, and ordered the writ to be quashed. !•