Star. — London, England, 1801-01-29 00:00:00

..e courfe Pulteney. coming home he preient lea. will remain in 3 go from Ham to the Army of tpone his journt7, rther orders. very confiderable and fent it to fe contracted for valry expefted in :cemher zB, fay-- in regained all his y no longer holds ren deprived of a WI-Office depart. allowed only fix scl received orders his nativity. The LOSGUSIRA, Val every day. It is wk pkv.c tb. Gays FAIT 1. :taken place in the others, Don L►• t Rome, has been been appointed red in all the pa . intimated to the ties, that the exi luire an extenfiva letters of ferries and companies, lementary Militia • comprehending ivy years of' age; e to be tripled— authority. if Governhent but force effeetual ing thole that are n afEgned for the [fe at Ferrol, wa. f War, which was Iratticable to take at tithing the lofs t to attack it in a ,t days before the ; that this delay counts, as, befides be fent to 'errol, change of wind, le coati - , and leave it was at Offend; rssr's,initruitions edition had anul ce to accemplifb. )üblin r ver and es were feuded Age--protetboas portation of rice (hips which bave ".:twripany's fettle ely forbid, on no any port in their ge home, but pro t in India to this lately received cure to [fate, that prevailed among dom of Burmahr ion into the Com. have been rerrMv ng reprefentntic m ' at Bombay frost which furrounded great quantity of try to Ilrengthcn . which have Ca An well fortified all round the r ; number of fokbent and 19 the tiar near tin Datar. NAUTICAL INTELLIGL:XE. • --- MAILS THIS DAY.—gaind W.S.W.. • .ILIVCD /702. 0 Harnbargh, I 49 Dublin, I ~ Waterford, i 3 Donnaghadee, Jan. 2„ 24, 25, 0 FALMOUTH, JANUARY 26. Arrived the Dahill' Chip Frederick, Captain INOSTAN, from Virginia for Hull, with shoo turpentine and tar, fent in here by the ILISCADE frigate, and failed again this evening Flyinouth alfo the Pruffian galliott Jonge (er n:anus, Captain CLAAS ALTAII, from St. Mar for Embden, with falt, &c.: the Wow Bet:ly, iptain J. A• HAEC, from Barbadoes for London, from Cork, with fugar, coffee, &c.: a fleet of pullers from Briflol, VPales, &c. under convoy ilt "NerMAn armed Chip feveral veirels (Hoops) ! Cork and Dublin ; the Furly, Olive Branch,' Severn, Lady Cruizier, Sarah, Welcome, London ; Mary, Captain Huxr, from Yar ,outh ; and Betfey and Mary, GRItFITH) from Foyle. A (loop from Cardiff, with iron, for London, foundered off the harbour this :mining, but the are all faved. Sailed, the Stag, Dbouns ; lames, FIZET. ;; and the Flora, CUMMING, for London. The LADY Fasecespacket, Captain EDMUNDS, ' take out the Jamaica Mail of next Month : the remarkably fine fafi-failing (hip, tarrying 4 s 2-pounders", and 35 men. PLYMOUTH, JANUARY sy. Came in, the Danifh Frederick, C 1 Norway, Captain N. RASIIASON, from Norfolk and Virgi nia, bontid to Hull, laden with tar and varnifh, detained by his Majefiy's SUS CADE, of 36 guns, Captain Cots Came in from a cruise the Bsauzizti, of 44 guns, Captain Fazisstas ; KANGAROO, of 18 BIIIIS, Captain BRACE; and the Femur, of r 6 guns, Lieutenant FRussaL L. Alto came in the Ann and Eliza, Captain Pies-mats, from Tortola, for London. Sailed the CAMILLA, of so guns, with a fleet under convoy for the Downs. PORTSMOUTH, JANUARY A. Sailed on a cruife the Nauss's, of s 8 guns, Cap• rain BAKER. Went out of harbour the BE LLITSLI, of 74 guns, Otptain Douevr ; and the SIATLOWSIt brig, Lieutenant MtlftaAY. Mr. THOMAS MOTTLSY, Tide Stir reyor at this Port, feized a quantity of copper and iron belong ing to his Majefiy. SHEERNESS, JANUARY IS. Yeßerday failed his Majefty's Quip Ltrnitt, of 64 pins, Captain WM. &Dross, for Yarmouth. Sailed this morning, for Yarmouth, his Majef ty's floop KIT!, Captain LTDIARD ; and the IN SPICTOR hoop, Captain LAWYBII t arrived from Yarmouth. DOVER. JANUARY The Isaastsa, one of the tranfports having on board the fecond battalion of the . 5 zd regiment, in cndeavoming to come into the harbour, truck upon the bar, and, after beating for come time, was, by the ilrength of the wind, driven off, and forced to bear away again for the Downs. The three other tranfports got in, and the men were landed. Several spring waggons, full of their tick, have gone off to the general hofpital at Deal. C itere•-• N A te- from fraud, M read. AItIIVCI 0 0 0 Add. 3 ea his arrival fr o a Earl or Harriarta. Arrived ; MAJESTY as &I MAIDIOST barrels of it had a private ESTY, prev lots to ANSITSFA for PlYrne yetlerdav at Da,flerminus patches t; am iLe ti for E e Court of Captain J. difpatchv, w ai r WI from ; direCted to make coafters fr m whence he was t h e o g ees meet Sir RA LPH from Cori izd to appoint the Alert , Se' lunning, Chaplain from Lon, o mean to he pre. mouth ; ae„.„„se • hear the King's • onl ) if going to Cour., A fl foundered two days returned crew are ; ent. lay the falec weir of wheat did n o t W 000; an reduaion. hour The La will take c an expedition of i s a remar fitted out under ICS. The °kat is 0114 121 Bath in the courfe • • coufes in Pulteney. Caine II )lion. Captain b are coming home nil, butt of the preient fen. detained I Elf will remain in . FROM LLOYD'S LIST. CRAYESIND, JANUARY I'a Ted by the Amphitrite, NIWPORT, from Ko- ••ingiburgh Bellona, from St. Michael ; • • Hibernia, Count' Iv, from Belfail, Sailed the Providence, —, and Albion, ME r for Jamaica ; Enterprise, Heaver ' for Berbkcs ; Elizabeth, for Cork ; and Cade, for Dublin; Sufannah, Leto It, for Martinique, and Percher, BLAKE, for India. Yeaerday a Court of Direaors of the EaR India C.,mpany was held at the India Honfe, when the folkwing Commanders attended and took their tin it leave of the Court previous to their being 11;ratched according to their rcfpeaive confign- .nts„ viz. car.,in William Stanley Clarke of the True Briton, Cluain George Mil4tt , of the Hindoftan, and In James finrocaftle of the Hop:, feverolly &Aka • and China. t pi do John Althorn Cumbrrlege, of the !hip Chaim°, C „ark Patrick Burt, at the Ihkg of Montrofe, .r min peter Simplon, of the Dover Caßk, smalls William Maxwell, alba Calcutta, and pt.in Idwant C. Bradford, of the nap Admiral Gard- .- isserally ionAgned to Madras and Bengal the enauxott, ,Duga Or lqoaraoss. Doves "TLF, CALCUTTA, and ADMIRAL GARDNER, are Jcred to be in the Downs on or before the sth • ••• of February next. Gwrxw, from Jamaica, Is arrived off ...a-pool, after being on (bore on the coal of -c, and eating away her malls. . :.'h e Hercules, --., from Newfoundland to !land, foundered at fea ; crew fared. l'he Valiant. Fisitra, from Falmouth to Venice, totally loft off Venice. The Neptune, COLEMAN, from Dantrizt to Ber- O.:, is taken and carried into Oftend. The Denial (hip Vcennerne, from Batavia for penhagen, detained at Faln;e9th, is valued at flerling. LIM INTELLIGENCE. COURT OF COMMON PLEAS, JAN. 28. 4. - ASTLFY L. WILDEN. It will be 'Pecolleded that this carafe was tried before Lord Eldon at the Sittings after IA Trinity Term, and a verdid was then returned for the Plaintiff ; left, however to be finally regulated by the opinion of the Court, with regard to a point to be fubmitted to their confideration. The anion was brought to recover the furry of 2001. being, as the Plaintiff alledgcd, the liquidated damages due on a covenant entered into between the parties. By this covenant it was ftipulated, as was contend ed on his behalf, that he thould pay the Defendant, then a female performer at his Theatre, a certain weekly falary, and that the Defendant fhould at that, and his leveret other Theatres, for this al lowance.during the term of three years. For the purport of fecuring its exad fulfilment, it was agreed farther, that in cafe of non-performance, or negled of the fpecific articles of the engage ment, the Defendant fhould forfeit this furry of zoo). as a compenfation for the damages which might be fuffained in confequence of fuch negled on the part of the Defendant. It was, however, urged that the damages to be incurred, by parti cular inftances of negled, were particularly men tioned in the fpecial regulations of the Theatre, and that this larger fum was to be viewed merely as a penalty, the damages on which were after wards to be determined in the event of any difpute which might take place. The Jury, under his Lordfhip's diredion, found a verdult for aol. being what they reckoned the amount of the real da mage ' • and cool . if it fhould be the opinion of the Court that this was actually the fum agreed on as liquidated damages in the covenant. This point was to have been argued Lift term, but was then delayed, as no Counfel appeared on behalf of the Defendant, who had then left the country. This day, however, the point was fully argued, and cafes wete cited and largely commented on by the Counfel on both fides. After the Court had given their opinion at great length, it was decided that the 2001. were only in tended as a penalty, and by this decifion the on• ginal verdid is confirmed. COURT OF RING'S BENCH, JANUARY 2L ' tilt ICING V. WADDINGTON. Lord KENTON fai4, that although this cafe was not the fira among the peremptones for this day, yet being among them, at would, perhaps, be bet ter to difpofe of that cafe now. Mr. Waddington Paid he humbly conceived that he was entitled - to (peak to the Court before judg ment was pronounced, for that the Court had not yet received all the information upon the fubjea which they ought to poffefs. Lord Kau row Paid, the Court, as he under food, had heard all that was intended to be urged on this fubjea, ant that nothing was remaining but for the Court to pronounca its judgment; but if Mr. Waddington wanted to add any thing more, perhaps the better way would be for him to be remanded, and for the Court to put off the cafe until the next Term, Mr. Waddington raid he confidered this as a queftion of national importance, and deeply af felting the charader of the nation and the law of tl.e land. Lord Ksisvon faid, that Judges, like other men, were fubjed to the infirmities of men, but as far as they had been hitherto able to judge of the cafe which was now befbre them, the Defendant was' , brought to receive judgment for a breach of the law of this 12.nd. Mr. Waddington then proceeded to addrefs the Court, and to lay before it the hiftory of his bay ing entered Into, and continued in the trade in hops; the fluduations in the price of that article; the deficiency in fome years, and confequently the high price ; for it was not owing to the fpecida tions of Mr. Waddington, but the will of Gob, that there had been a fcarcity of them.--Here he entered into certain calculations as to the produce and the duty on hops for the revere' years in which, he was in the trad;', diftinguithing each year ; and then proceeded to infift.that they were higher in price Before he became a dealer in them, than they had been fine*, and that his going into the trade had the effed of encouraging the growth and cultivation of hops, and that of breaking a combination which had long before that time been carried on among the dealers in that article ; from which be maintained that what he did was ufeful to the public, and meritorious inftead of criminal, and that hops had been rather lower in price now, than they would have been if it bad not been for his (peculation. He infifted that what he did was not contrary to law, for that all the old names upon the fubjed of foreftalling. regrating, &c. were done away, and repealed by the Astute of the sash of the prefent King, and that the cafe now before the Court, was rather the trial of the Alt of Parliament, than of Mr. Waddington. He begged of, and intreated the Judges to be cau tious of what they were doing, fur that he was convinced they were under a delufion, in con fidering that his conduit in this cafe was ille gal, and that the time was not far off when it would be proved, and authoritatively declared to be fo ; and therefore the Court would do well to paufe, for it would not only be injurious to the charader of the nation at large, in the adminiftra tion of its jullice, but alto (NI - graceful to the Judges themfelves, to psis a judgment fur which there was no legal foundation. He maintained thaf the old flatutes and maxims upon which his conduit had been held to be criminal, were current only , in the early periods of our hißory, when the very word Commerce, which had brought us into our prefcnt fplendour, was hardly f much as to be ken in a Didlionary. That we were now in a fitu ation to which none of there maxims were appli cable.—At the moil, fuppofmg his conduit to be contrary to law, which he confidendy denied, it was ptualaing a man for his ignorance to puni(h him at all. for he had afted coarcientioufly through the whole of this bufinefs, as he had in the rell of bis life, which he vindicated in generaN, terms, contluding with the words: " To err is human, to forgive Divine." Mr. lattice GROSS then proceeded to addrefs the Defendant, previous to delivering the Judg ment of the Court; in which the Learned Judge went over the Mort hiftory of the cafe as it appear ed upon the trial at Worcefter, but which has been to frequently, and fo amply before the pub lic, that to detail it again would be quite sunne ceffary. The Learned Judge then proceeded to obferve, " That in the prefent Rate of what was called paper credit, human ingenuity could not invent a mode, the tendency of which was mere to enhance the price of an article of neceffity in life, by' preventing much of it from coming to the market, or that Which was there from being fold at a fair market price, than the condua of the Defendant in this cafe, and this was done at a place in which the dealing in the article of Hops was very extenfive, the city of Woreetter ; from whence the Northern part of this country princi pally derived its fupply." Under fuch circum fiances no man could help teeing the confequcnces which mutt have followed, for they were inevit able ; that of railing the price of Hops from t 11. to tsl. per cwt. upon which circumflances the Jury had found the Defendant guilty. Upon this it had been argued either that no judgment at all thould be pronounced upon the Defendant, becaufe he was guilty of no offence, or that if that was not fo, that the punithment ought to be a lenient one. As to the arguments in favour of an arra of Judgment, if the Court thought that the Defen dant's condua was not contrary to law, what e'er they might think of it in any other light, yet Judgment ought to be arrelted , and the Court would fay fo. When the Court recolleiaed the anxi ety of our Anceftors, and hop they had frequent ly expreffed themfelves againß this crime of en hancing the price of the articles of life, as appeared by the maxims of our common law, as handed down to us by our ableft Reporters, the Court could not deem it otherwife than a very dangerous precedent, to pats by there maxims in the article of hops, which now made part of the common be verage of the people of this country. Molt un queltionably it was a crime to enhance, by undue means, the price of the article of hops. It would, indeed, be molt unfortunate, if the 12th of George the Thild, which had been fo frequently alluded to, had either repealed the llatutes it did not men tipn, or any part of the common law upon this fubjea; for if it did, then it would be legal for any man, by any means, to enhance the price of any article, without which the community could not exift ; but the Statute of the t 2th of George the Third, had ro fuch operation, and fortunate it was for fociety it had no fuch operation, and, therefore, to enhance, by undue means, the price of the articles of life, was againft the prefent fub- Ring law of this land. In mitigation of the punifhmcnt of the Defen dant, the Court had been firongly addreffed, and principally under the head of neceffity to give as much fcope as poßible to the " freedom of trade." This freedom of trade had been urged, and urged very properly, as a topic for the grave and ma ture conSideration of the Court. The Court had gravely and deliberately confidered it, and upon which the Court was molt clearly-of opinion, that for any individual, or number of individuals, for his, or their own private gain or emolument, to enhance the price of the neceffaries of life, thereby to prevent others from purchafing them at the fair market rate, which they might otherwifc be fold for, conflituted no part of the freedom of trade,' and was a praaice contrary to law. The freedom of trade was like the liberty of the prefs, a great and a valuable privilege, and a great pillar of a free State; but the eihife of the freedom If tlld,, war like the licentieufwli of she Puji, to be checked when ever the good of the community required it.—Goo forbid that the Court Should do any thing that had the kaft tendency to violate the freedom of trade. On the contrary, the Court were molt anxious to protea that freedom. The law itfelf moil mei oufly provided for the proteftion of that freedom I for it had declared, that to (top, or interrupt, fo as to prevent, any perfon from bringing his goods to market, and taking them from him, or obligigg the owner to take leis for that, than he nught have gained for them at a fair open market, was a capital offence, and thole who were guilty of it forfeited their lives to the law; and wifely was this made the law, for the great objea 'of the law Was to encourage men to bring their goods to open market, which could not be expected if men were not proteaed in to doing; the law had, there fore provided fufficiently for the punithment of thole who interrupt pafons in bringing their goods to open market. Thc fame law took an intereft in the condition of that great earls of fubjeas, who are buyers at public market, and this part of the law might be called the proteaion of the poor againß the rich ; nor was this, in any re (pea, new law. From all time, it had been a crime by the Law of England, unduly to enhance the price of the necelfaries of life, or to prevent their coming to market, to be fairly fold there, either for the purpofe of enriching an individual, or for any other purpofe—The Freedom of Trade had its legal limitsom-No man was permitted, by the laws of this reihn, to purchafe what he pleated, of whom, or when, br where he pleated, for ceri tain goods were contraband, in which no man was, permitted to trade. • In fdme cafes, none could trade but thole who were khthorjzed by the law; and in others,the trade could not be carried onwith none but thole whom the law nominated for that purpofe. It mull be evident, that by this, he alluded to the Exit India Company. In the cafe of naval (hires, which have the King's mark upon them, the Law had laid, that none but certain pertins, duly commiffioned for that purpofe, mould deal in them. Nor was any man permitted to buy any ar ticles of, nor fell th.m• to the Enemies of the King. —This the learned Judge Rated, to thew that the freedom of trade was like every other freedom, Cul t ic& to certain and neceffary legal limits. For the fake of the public at large, and more efpecially for the fake of the poor man, the Law paid an anxious refpea to the mode of the Sale of the ne ' ceffary articles of life, and had provided, that the price of them &puld not, on any account, be en 'hanced unfairly, either for the private profit of an irtdividual, or for any other purpofe. In this, and other zefpeds, the freedom of trade bad its limits; it was, indeed, like every other liberty, and mutt be regulated by Law : The Court were as much bound to acqniefce in this part of the law, with regard to trade, as they were to acquiefce in the law, which proteCted thole who were coming to market to expofe their goods for Pale. The Judges found it laid down in all the good books, by which a knowledge of the Law was inculcated, that the charge made upon the Defendant, and proved in this cafe matt fatisfattorily, was a crime, and one that called for the fetious attention of the Court, and they were bound to treat it at filch. But it had been faid, that the 4th and sth of Edward VI. was repealed by the Statute of the tzth of Geo. 111. as far as related to Foreßalling and Regrdting, and from which it was inferred, that to enhance, however unneceffarily, the price of any article whatever, ceafed to be a crime in the eye of the Law, and this idea the Defendant was fuppofed to have stied under. This mode of treating the Cafe fuppofed the Defendant to have read that fame Statute, and fuppofed alto, that others had confi dered it, as well as the whole law upon this fubjea, and that the Defeadant bad advifed with others, who had bad more opportunity of Rudying it than. himfelf : Thofe perfons m►ght have told h►m, that the Statute of the 12th of the prefent reign, did not apply to the Cafe now before the Court. That Statute did not fay, that fuch ads as the Defen dant had committed, ccafed to be criminal, nor was it neceffary for any A& of Parliament to pro nounce fuch conduft criminal, becaufe it had, from the earlieft times, and conllantly, been conlidered criminal by the Common Law. The offence of which the Defendant was con vifted was a dire& violation of the courfe and rule of jolt and honourable Trade, as well as of the Law of this land, which encouraged every one to bring his goods to market, and to difpofe of fuck goods to the belt bidder. It was recorded that the Defendant had been guilty of canting the article of Hops to advance to a much higher price than any other market would have produced, but for his interference.—Th's was a crime reprobated by the Law of this Realm, and for which the Defen dant muilbe punithed. The Learned Judge then Paid, he could not, for the Defendant's honour, fuppofe, that what was laid by Counfel in one particular, was true. namely, that the Defendant had aged confcien tioufly, under what he thought the provifions of the 12th of Geo. 111. and according to his own. feelings of what the Legiflature intended by par. ling that Aft. The Defendant, by appealing to his own feelings, mull have been allured that the Legiflature of a great and populous kingdom, anxious to provide for the welfare of the•peoplei at large, and efpefially for the more neceffitons objeEts among them, eould not have intended to have taken from the lower clefs of men that key rity which the common law of the land had pro vided for them ages ago, and had continued to afford to them under.alithe viciffitudes through which the nation had pall. It was an indifferent compliment to pay to any Legiflature, to fay, or even to fufpeet, that at any time, fuck could have been its intention—or that it ever did, or intended to do any thing that would throw open a door for the rich man to clime to any place where there may be an opportunity for him to fpeculatn on the neceffaries of life at the expence of the poor. Thefe arguments, therefore, if well confidered, could operate but tittle in mitigation of the fen tence to be pronounced on the Defendant, efpeci ally when the Court recolleeted, that the Defen dant's attention and caution had been awakened on this matter by the brit application againft him, in which his condua had (hewn negleet at leaft, not to fay defiance of the confequences. The Court having confidered all the circumftances of this cafe, the nature and extent of the offence, the time in which it was committed, and being con vinced it called for a precedent, which was to ope. rate as an example to ethers to beware of com mitting the like in future, did order and adjudge, 4 , That in addition to the imprifoninent.lle had already fuffered, he be imprifoned in the prifon of. the King's Bench for one month, that he s t r t y r to the King a fine of Soot. and that he be fr i irnprifoned until fuels fine be paid." Mr. Waddington, apparently in a rage, tore a copy of the A& of Parliament of the 12th of Geo. 111. which he had flourished in his hand while he (poke, exclaiming, as he went out of Court, mcji difrarful moitifahtercerl This judgment is for the Worceiter burin& only —that in Kent remains to be difpofed of. _ THI ZING V. SHILTOI4. The Defendant, Benjamin Shelton, was a fur veyor to the Commiffioners for affeffing under the Income Duty, in a diitrin in 'Warwidcaire, and he had ball indined for making falfe Returns, and tampering with lime of the e@lenors under him to do the fame thing, to return to the Commif fionsrs left than was proper, and to put the re mainder into his own pockets for which he was in. dined, and be Coffered judgment to pals by default. The Sentence of the Court upon him was—That he be imprifoned in the common jail at Warwick for one year, and that in that time, he be set in and upon the pillory for one hour, between the hours of twelve at noon and two in the afternoon, on * market day, in the open Rreet in Warwick. Till KING V. 14.1.110 D. The ATTOILVIVGINER Al. prayed the Judgment of the Court on Allan M'Leod, F.fq. a young Gentleman of literary charafter, for a Libel on his Royal Highnefs the Prince of Wales, publilbed on the sth of Auguß tyuy. He laid he was not defired to prefs the Court to pats on the Defendant any other fentence than to the jufliee of the Court (hould teem abfolif.ely /weary, on hearing the libel read. The Defendant had faffered judgment to go by default, and the reefon why he was not brought before the Court loony was, that the officers had not apprehendsd him until the talk Term. There was an affidavit of the Defendant, Rating his farrow and contrition for this libel, to. gether with a promile not to offend in future. The Libel being read, the Judgment of the ~a I iiiii .1 , tI ii Ps , ~,~ 1 i ' 1 I , 1 176 j t