Star. — London, England, 1801-07-11 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DAY.-6Wind S. S. E. AIRIVID DVS O Hamburgla a 3 Dublin I 4 Waterford o w Doostaghadeo o I Lifbon I CORK, JULY 2. Yefletday arrived at Cove, his Majefly's (hip CLsassoas, Captain TALBOT, with five valuable !hips captured by the Braave French privateer, and recaptured by the GLENNORE a few days ago : the !hip Cecilia, from Jamaica for Dublin ; the ViElory, of and for London from Surinam ; Bark Vize, of and for London from Martinique, (hip Urania, from Charleaon and the brig Weft In dian, of and for Briflol from St. Vincent's; all laden pith valuable cargoes. The Braave had four of there wilds under her convoy (leering for Bour dean: when the Gutessoas faw her. This day arrived his Majeity's (hip GALATE a, Capt. Brea, after a cruize of (even weeks, for the proteition of the homeward bound Well India Convoy, which he fell in with, and faw the Briftol (hips fafe up to Lundy Bland. FALMOUTH, JULY IL This day arrived a Mail from Li!bon, brought in nine days by his Majefly's packet PRINCE of ' WALES, Capt. Toon.—The WALsINCHAM packet was expeaed to fail from that place on the sth infant.—There are a number of paTengers come by the packet; amongft whom are Mr. and Mifs TILANT, Mifs HIRUNGLOW, Mr. Mrs. and five Mifs Sosrsas, and two Sons, Mr. Sc NIODER, Mr. BARTELS, Mifi BLIWETT,Mifs SEALY, Captain DEANE, and part of the crew and pairengers cap tured in the Gowsa packet. The Cities., AUDACIOUS, Pore's!, and Stam m, and THANES frigate, pallid the Tagus on the 26th of June for Cadiz.—The Lifbon fleet for ngland ate expeaed to fail from the Tagus about the 9th July, nutter convoy of the AN son frigate. Arrived the brig Joel., CLAIR, from the Chan nel fleet; the NEPTUNE, Bactaw, from Jerfey ; and the Mitlaooz fchooner, of ;8 guns, Lieut. Scats, from a cruize.—Paffed by to the eaftward, the &animus frigate, Capt. FOOTE, from Gib raltar, With about 20 fail under convoy; after a #atrage Of 28 days.—Arrived here from them, the Macre Brigs, LI Legere; Serie° ; and la Rhone; and the Harland with fait for a market.—Sailed the American brig Mentor, Tazvorr, for Lon don, With flout: the Packets with Mails fur Li bon, Weft Indies, and America, are detained by contrary Wind : the Totvessen, Capt. Douro, the faieft failing packet in the Service, will take out the Mails for Jamaica. -=Wind ftrong at W. PLYMbUTH, JULY 9 . This morning arrived the Alert of Londom Captain Btsuor, from GibrAltar, laden with bran at, &c. for Guernfey: the failed with 18 other vefels, Wider convoy of the Sseirnit in, of 38 guns, Capt. Foots, and left the fleet off the Sound yei: terday. Came in—the Pruflian (hip 13orckum, of Bore kum, Wx. 31.C.0014 Matter, from Charante, for Hamburgh, laden with brandy. She was laid un der an embargo, as was every other veffel in the ports of France, for five weeks, previous to her failing, but on what accodnt they could not ditto. Per ; when the failed, there were about 30,000 troops *trembled on an ifland in the month of Rochfort, but their delliaation *as got known— common report Rated, that they were bound to Egypt.—MAJISTIC, of 74 guns, Captain GOULD, from the Channel fleet ; the left them off the Li. mid yellerday—Exc attire, of 74- guns, Captain STOPTORD, from off Breit—Nervosa, Capt. Jona Iwo* s, from Gibraltar, laden with merchandize —and a fleet of viauallers, from the Channel fleet. PORTSMOUTH. JULY H. A Sect from the Mediterranean paired by this port for the Downs, under convoy of the Ssa. loom, Captain FOOTS• His Majefly's (hip MALTA, Captain BAIT 11, has gone out of the harbour. YARMOUTH, JULY 10 The paffengers arrived by the /Una Cloaca packet yeflerday, were Mefrs. Sass non, Nswatan, lAULARD, and feveral others. This morning arrived his Majeßy's armed-f lip 6Assy, Capt. FOLVILL, with the Prince Of cONOII and tulle from Cuxhaven. His Royal Highnefs vas faluted on his landing from the Sassy; his Highnefs immediately went to Nilsson's Hotel, where he was faluted by the Weßmoreland Mi litia, commanded by Major Hoopla', of the Anglefea. Nis Royal Highnefs leaves this plate to. morrow morning for London. The Vicoirrs brig arrived this morning in company with the SALLY. —Admiral Dice son, with his fquadron, remain cruifing off the Dutch coati. SHEERNESS, JULY to. His Maje&y's (hip TMl►cus was paid to day and will fail immediately for Yarmouth.—Came out of Dock the CIA: 11 gun-Wig. Laa night. at low water, feveral boats were empllyed to Cave what wreck they could from the AM 8 UtCADE, ant feveral cheils and bedding, with a number of othe , things, wcre brought aftiore this morning : it is expeded, if the weather keeps moderate, (he will be got up : the has righted a little this day. It is not exaftly afcertained what number• unfortunately perithed, as the crew have not yet been muttered. The officers and men were fent this morning on board the DE RUYTER frigate lying at the Nore. —Wind at Weil, blows frefh. FROM LLOYD's LIST. GRAY2SaIin, JULY so.—Paffed by the Thomas, GARDNER, from St. Sebaflians ; Maria Margrena, DIRKS, from Boulogne, and Lucia, Cook, from Bolton.—Sailed the Anna, CABINCE, for India ; Murdoch,—, for Baltimore; Margretta, BAILER, for St. Vallerey ; Lord Duncan, JORDAN, for Que bec ; Duckworth, THOMAS ; for Martinique, Cu pid, —; Flora, ROBINSON and Goodintent, —, for Peterfburgh. ARRIVED. A Clyde—Diana, Campbell ; Minerva, Anderfon ; and Eaglinton, Douglas, from St. Vincent's; Union, Hall; Diana, Perkins; and Mary Ann, Dyott, from St. Kitt's ; Margaret, Bunn, from Grenada; Trim, —; and Ellie, M'Kirdy, from Denu:rara ; Jeffies. Pterfon, and Albion, M'Lean, from T obago; Luereda, Cotter ; and Fame, Reid, from Tri nidad; Ifs twilit, Wilkie, from ,Tortnla ; Jafon, Gourley, from Nevis; and Clyde, Fifb, from Oporto. At Dublin—Sally, Maxfield; and Harmony, Priddia, from Oporto. At Peterfburgh—Charies, Thomas, from London. At New York—Bee, from Newfoundland. The DONIINGAL of 8¢ guns, and PkisacuLa of ' 84. guns, having had feveral additional gangs of ihipwrights put to work on them at Plymouth, will be, when coppered, as fine !hips as any in the Britifh Navy.—They can fight the ((glowing guns, for which they have port holes : Lowy Gwildetk 3o guns Upper Gun-deck 3o Quarter-deck 26 Foreciftle . 8 Total -84 guns each &fp. The DonNEGAL was entirely built of Corfican live oak, and is fuppofed to be the Emelt modelled man of war in the fervice. The Viciffitude, STOUT, for Jamaica; the Queen, Nrcuozas, for Surinam; the Sufpence, Wiay, for Antigua; the Stranger, BELL, for Ja maica; and the Richard ? Forts-rare, for Dominica, with the fleet which failed from Portfmouth for the Weil Indies, the XI ft of June, under convoy of the GARLAND frigate, were all well on the z7th, in lat. 47.21. long. 8.35. with a fine breeze at E.S.E. EXTRACT OR A LETTER FROM TORTOLA, 231) ARIL, 1801, TO A MERCANTILE HOUSE IN BRISTOL. " It is with much concern I :lave to Rate to you, the (hip Union Hand, and /loop Sally, the 18th inftant, Tortola bearing S. S. W. dißant about 7o miles, fell in with a French privateer, a large fchooner pierced for 14 guns, as full of men as the could flow. About three o'clock p. as. She came up under the (hip's (tern, preferring a con- Rant and heavy !bower of mt:fimetry. The air was light, and prevented the !hip's wearing to as to give her a broadfide ; in the attempt the fchoon er's Aying jib-boom got engaged in the main &muds ; the grappled, and the boarders were in ftantaneoufly and with the greateft confidence get ting up her fides: they were however received with Ileadinefs and perfeverance, and thole who efcaped the mufket were thrufl down headlong in to the lea with boarding pikes; not one of the enemy effected a footing on board. A warm ac tion then took place, chiefly with (mall arms, for three-quarters of an hour, when the Captain of the privateer, leading on his men to make another effort to board, was Ihot dead in the fhrouds. The fchooner then pulhed off, and luffing up under the Rein fired a broadfide, a fix-pound (hot from which carried Away the tiller chain, rendering the veffel unmanageable, and enabled the enemy . to ' make his efcape. The braces, running rigging, and fails, are terribly cut vp. and the quarters and Rein are like a riddle : there are 98 Shot holes in the lower part of the mizen alone. From the con current teftimonftif Captain Massa, the paffen gers and crew, there could not have been left than men on board the privateer; and their 101 l in killed and wounded mull have been great, from the fh-eants of blood that were fees flowing from her fcuppers when the hauled off. lam !iffy to add the (hip's Ids was alb fevere, though lets than might have been expelled. Two men were killed, the Captain and four men dangeroufly wounded, and one Rightly ; they are all however better; and I entertain hopes, with a change of climate, of their fpeedy recovery. The floop's main boom was carried away by a (hot after the dole Of the anion (in which (he did not partake,) and they both bore away at fun-let, and are arrived fate at this port to repair the injury fuftained. and I truft will get way in three or four days, in company with force other armed rails. I had left the Union Illand the evening of the 16th, to the northward of the Dog and Bear, and bore away for St. Croix, and have fines come up here, in confe quenee of hearing of the melancholy accident that has taken place. Capt. Doe it ait was wounded early in the anion, but perfevoed on deck, encouraging his crew, and perfonally refining the attempts of the boarders. Two young gentlemen, paffengers from St. Vincent (Mr. R. Maitland and Mr. T. Spier), behaved handfomelv, and were very aftive during the whole of the stray; the former Riot the Captain of the privateer in the very alt of jumping on board. Capt. Doaseit has alto jolt realin to be fatisfied with the condna and fteadi nefs of the whole of his officers and crew through out the hairnet's. I have been thus particular in my communication to you, being well convinced that the fpirited def,.nce again( Inch fuperior numbers, and under circarnftances where the can non of the (hip were rendered in a manner ulelefs, will be gratifying to the underwriters, and will not pats unnoticed by them. Underneath I give you a lift of the unfortunate forereras • jaw nomptaa. 1. Widlsawfaarie r klerl Rotel. Me. Met, wafter; Wm. °milky snaremisk i l a altpes, Wm. Taylor, j•JsmsaaP, J. Wiaa;kaginah GRAND JUNCTION CANAL. The Canal to Paddington was opened yeßerday morning for trade, with a grand procellion along he Paddington Line to Bull's Bridge at Uxbridge. Zia tly at nine o'clock the Committee, with their friends, in three pleafure boats, to the number of at leak 400, fet off, with colours and &earners flying, each veffel being towed bxtwo horfes. At twelve o'clock the company were met at Bull's Bridge by the city fhallop, (having on board the Subcom mittee of the Thames navigation), and feveral pleafure-boats, with large parties of Ladies.—On meeting, a falute was fired, and, after partaking of an elegant and plentiful collation, the procei: lion returned in the following order : I. The Committee and their friends, in three barges, with the Buckinghamfhire band of mak. 2. The city fhallop. 3. Seven ile.tfure-‘boats. At fix o'clock, the cavalcade reached the Great Dock. This was announced by the firing of can- non on We ftbourn-green-bridge, crowned with ban ners, and a volley of mnfquetry from the town. After three huzzas, the company landed, and walked in procetlion to the Yorkthire Stingo, pre ceded by the Buckinghamfhire band, playing " God Jane the King." At (even, the company fat down to an excellent dinner, and (pent the evening with charafteriftic conviviality. Blue and purple ribbands were worn by the ladies, gentlemen, and men employed in the con cern, on which were written, " The MARVIS of BUC&ZNGHAM, and fuccefs to the Grand Junetion Canal." Great praife is due to the Committee for the expedition which they have ufed fince Spring in completing the Canal. A long range of ware houfes is nearly finithed for the reception of goods. Yefterday not lefs than eight laden barges arrived. A public road, too feet wide, was Galled on Monday lalt to the quay, which is but a few paces from the Edgeware-road. The day was remarkably fine, and ominous of the future profperity of an undertaking, which, according to its motto, sr'i pauperibw prodejl, lo cupletibur aqui. The zeal and ability of Mr. PILAED, who is a very confiderable Proprietor, have eminently con tributed to the perfection, to which the Canal is arrived. Mr. HOME', the Auditor, by the tirength of his genius, and the fertility of his refources, has introduced a new, bold, and fuceefsful plan of fi nance, which has overcome an pecuniary difficul ties, and railed the flares from 40 per cent. dif count to 90 premium. The number of perfons prefent could not be lefs than too,ooo ; for feveral miles the banks of the Canal were lined with people; feveral (loges were crated for accommodation, and a long tiring of carriages appeared on the public walk. The bridges were covered with fpeetators hue zaing, and the Ladies waving their handkerchiefs, to the paffing navigators. Crowded as the pleafure barges were in the ca• bins and on the roof, not one accident happened. A ludicrous circumttance was highly produetive of merriment. A countryman was defired to open one of the fwing-bridges, he exerted himfelf in pulling manfully, /wan: on de bridge itfeY: . This morning at eight o'clock, the guns fired on the departure of the fira pottage boats, fimilar to the Dutch treck-fchuyts, to Uxbridge. Thurfday m orning his Mat a ST r, his Royal High nefs Prince A DOL r us, and Princels Maar bathed, and afterwards his MAJESTY rode out on horfe back. After breakfaft, the KING, accompanied by his Royal Highnefs Prince ADOLP 'sus, and the attendants on his MAJESTY, took an airing on the him of Ridgway and Bincombe,and returned home through the pleafant village of Upway. The RIR and Princes ELIZABETH, SlCCOMp t inied by Lady CHARLOTTE DURHAM, and Lady Marttna Wratraao, rode out on the Sands by Sandfort Cagle, leading to Portland. Princefs AIR ELIA, attended by Lady C. Batts s vat, took an airing on horfeback on Wyke Common, as far as ChickerilL The toth, or Panics of Watts's own regiment of Dragoons mounted guard yefterday at White hall, relieving the tQ regiment of Life Guards. His Royal Highnefs the PRIM es of Wails dined yefterday at Lord Yas mon r it'f. A number of the Nobility were prefent. The Brigade of Guards now lying at Colchefter marched from thence this day, viz. the Grenadiers; the Second Battalion will march on Monday, and the Light Infantry on Tuefday, to Chatham Barracks. The Dutch troops in Ireland left Cork on the 3oth of lune, in feveral tranfports, under the con -Toy of the Dutch frigates in his Idajeay's fervice, on their way to Jerfey and Guernfey. On Tuefday, the lea meeting for the Seafon the Highland Society was held at the Shlkerpeare. Covent-garden, when it was refolved to alike a Medal in Honour of the Atchievements of the 42d, or Royal Highland Regment, in the memorable battle of the aI II of hearch left, near Alexandria, where it was their fortune to be oppofed to BORA. PAITI% favourite corps, ailed the Invincible Le gion, the flower and pride of the French Armies, which they nearly annihilated, and had the honiSur to capture the Invincible Standard of the Fier:. Comsut ' and to lay it at the feet °four moil gre - cious Sovereign, as a te flimony of the fuperiority of Britifh Valour and Vigour, fupported by arid dif. cipline and unfubdued perfeverance. On the 4th of July inliant. a caufe refpeOing the validity of the marriage of Mr.Gsoaoc Corms, of the Theatre Royal, Covent-garden, and Mifs ALICIA D*3,1111.10( the Theatre Royal, Bath,came on to be heard, in Dolton Commons, before the Right Hon. Sir WI L La* al Scorr, when the Learn ed Judge pronounced the marriage Hsi irsd gird. The Grand Ballet of Adios, Albert pee RofaLe, at the Royal Ci Fields, is, by its peculiar talle preffive mufic, and interefting the eftablifhed favourite of every very Crowded Audience of eacs Houle. glows, by it loud applat of this produftion : and plaudits through the Pantomime of the LAW lATZLLIGENCE. COURT OF KING'. BENCH, JULY 9. HUNT V. LORING. This was an .t ion to recover the value of fie Puncheons of Geneva (1221. 17s. 01.) Blipped on board the Bittern, an American chip, bound from 'Rotterdam to London, and of which the Defen dant is the Captain. When the Ihip arrived, the Cuflom.honfe Offi cers went on board, and feized theft puncheons of becaufe they were not included in the Report in which they ought to have been entered.—This atlion was brought againa the Captain for his negli gence in not making the proper entry in this rerpettl. It appeared, that thefe puncheons were put on board this Ihip, but that at that time, the Captain was on fhore, 3o miles off: That the Mate only took them on board, and made out the Manifest. —The Report is made from the Manifeß. It was proved alfo, that thefe puncheons of gin were de livered on board the fhip without the knowledge of the Captain. It appeared alfo, that thefe goods are only condemned, but not yet forfeited, for they have not yet paired the neceffary courfe in the Exchequer. There was a charge made by , the Captain again'! the Plaintiff, for part of the expence of obtaining a licence, &c. To this demand there were feveral objeetions : Firft,that the Plaintiff being a Britith fubjea,conld not import this gin from Rotterdam to Great Bri tain, without fpecial licence from the King.—His Majefty being at the time of this importation, at war with the States of Holland, and here was no licence proved fpecifically for this purpofe, which had been decided in the cafe of Potts and Bell to be abrolutely indifpenfible to the carrying on of any trade from a State not in amity with his Ma jetty. • That as this was an at of negligence in the Mate, who made out the manifeft, it was a fault in him, firft, that the goods were taken on board at all, fince the Captain would not have done fo if the matter had been left to him. In the next place, the mate made a miftake in the manifeft, and the Captain followed the conftant courfe, by making the report out from the manifeft ' • this could not be deemed an at of negligence in the Captain, and on that account he was not liable ;—that the aftion was againft the wrong perfon ; if any aCtion could be maintained at all, that it lhould have been brought againft the owners of the thip.—Lafily, that as this was an anion on account of the Plain tiff's goods having become forfeited, it could not be maintained, for that they were not fo at this moment, being condemned under one jurirdiCtion, which condemnation mutt undergo the revifion of another, was not to be confidered as equivalent to forfeiture, for in reality, confideration of this mat ter was now before the Exchequer. Non coajui that that jurifdielion would approve of what had been already done, fo that it was at lean premature to fay thefe goods were become forfeited. Lord Kin row expreffed on this point fome fufficient to rave it for the opinion of the Court. As to the others, firft, the licence, it was faidthat it had been decided by the Court of King's Bench, after hearing the Learned Civilians, in the cafe of Bell and Potts, that goods could not be brought into this Country from a Country at war with thq, King, without his Majefty's licence, for that trad ing with an Enemy without filch licence was con. trary to Law. To the full extent of that cafe his Lordfhip was ready to accede. That was a cafe which never ought to have been doubted ; but it appeared, upon the argument of that cafe, from the indifpntable authonties then quoted, that the King in Council had power to grant a licence to carry on fuch traffick. In point of fat, it was no torious, that fuch licences were granted almolt daily. Here the Plaintiff had made a charge for part of the expence for procuring this licence, and therefore he fhould not be heard to fay, a It is true, I undertook to carry your goods, but now that by my negligence it appears they were con demned, and you mutt lofe them, I will turn round and fay, that as what I undertook to do was illegal, you !hall not recover againft me;" that in point of juftice and common honefly, it was as much againft the Defendant as his Lordthip conceived the Law to be; it thould be taken at leaft as againft the Defendant in this anion, that he traded with fuch licence, fi nce he had made a charge for procuring it, and fince he mull be guilty of a great crime in carrying on the trade he was concerned in, withotit fuch licence. That, a As to the queftion of negligence, and its being raid th a t this Gin was taken on . bo ard by the Mate, and if the Defendant, who was Captain, had been permit, he would have retitled to take it on board; and that the blunder in the Manifeft, made out by the Mate r was the eau* of the error in the Captain's report ;" the anftver was obvious, a That what a man did by his agent, mull be taken as if done by himfelf."—This datrine, as it applied to civil aftions, was Rated by my Lord Bacon and by Coke, and placed among thofe maxims that are not to be doubted.—k was true indeed, except in parti. cular cafes, it was otherwife in ctiminal proceed ings ; but in civil aftions the maxim was without exception : So then was nothing in that point.—. As to the anion being brought againft the wrong party ; that it thouldlave been againft the Owner rnftead df the Captain of the Ship, his Lordfhip obrerved, " That the party who had fuffered by this ad of negligence, had not only a right to jut tice bet to juftice with as little delay as poffible. If t he Owners chafe to hold themfelaes rerponfible, they might do fo, but if the Plaintiff was to bring his *akin againft the Owners, they being Subj!tis of the United States of America, the anon agarnft them mull be brought there : his Lordthip raid, he bad no doubt that jullice would be done in the Courts in America, but he did not fee why the Plaintiff &fluid go acrofs the Atlantic foquftiee, wbi i s, i the F rcus, s - t rr . r c r e rs o f ie of . t w h h e il w et o e le co o u f llo t t c ta af i e n t i4h ct e i r l e cr in h E is nea r n d d ii,;e ta a k s inji e and fplendor, un. opinion with the Plaintiff upon it, in ev e y point, Charaifters, become except that objection which was Rated again( this rery circle, and the Declaration, being on account of lora, becaufe th; ch evening, at that goods were forfeited." Upon this h Lordfhip Ileac. rts eilimatioa had, at prefent, Tome doubt ; and , therefore, he its are alto onivertal would fare the point. Brij/Sin Fro. Verdi& for the Plaintiff—parhages t sal. t ys. 4d - • -