Star. — London, England, 1801-02-28 00:00:00

ity LIC :ies be hat to ult Lad re. u!t of It; y :Yr. in. fct ad• )be bat eft hat )er- tn 4 g is AL-, try rill the For- Ins it, with the circtimftances neeeffary to carry the, meafure with all its advantages ; and they have retired from his MAJESTY'S fervice, confidering this line of conduct as moll likely to contribute to its ultimate fuccefs. , g The Catholic Body will therefore fec how much their future hope mull depend upon their trengthcning their caufe by good conduit in the ratan time. They will prudently confider their profpeds as ariting from the perfons who now c ipoufe their interefts, and compare them with thole which they could look to from any other quarter. They may with confidence rely on the zeal ous fupport of all thofe who retire, and of many who remain in office, when it can be given with a profped of fuccefs. They may be alfured that Mr.PITT will do his utmoft to eftablifh their caufe in the public favour, and prepare the uay for their finally attaining their objeds ; andtheCatho lics will feel, that as Mr. PITT could not concur in a hopelcfs attempt to force it now, that he mull at all times reprefs, with the fame decifion as if he held an adverfe opinion, any unconflitu ticnal conduit in the Catholic Body. " Under tilde circumllances it cannot be doubt ed that the Catholics will take the molt legal, dutiful, and patient line of conduct ; that they will not fuffer themfelves to be led into meafures which can by any conftrudion give a handle to the oppofers of their wifhes, either to mifrepre fent their principles, or to raife an argument for refilling their claims." SENTIMENTS OE A SINCERE FRIEND TO THE. CA- THOLIC CLAIMS (LORD CORNWALLIS.) If the Catholics mould now proceed to vio lence, or entertain any ideas of gaining their ob. jea by convulfive meafures, by forming alfocia tions with men of Jacobinical principles, they muft of courfe lofe the aid and fupport of thofe who have facrificed their own fituations in their caufe, but who would, at the fame time, feel it to be their indifpenfible duty to oppofe every thing tending to confufion. gi On the other hand, should the Catholics be fenfible of the benefit they poffefs by . having fo many chantfters of eminence pledged not to em bark in the fervice of Government, except on the terms of the Catholic privilege being obtained, it is to be hoped that, on balancing the advantages and difadvantages of their fituation, they would prrfer a quiet and peaceable demeanour to any line of conduit of an oppofite defcriptioo." The SPEAKER'S Levees are in future to be on Saturdays inflead of Sundays, as formerly. The LORDCHANCELLOR has appointed GEORGE Rofirs. Efq. of Lincoln's-Inn, to be a Cum. rniiiioner of Bankrupts. :_ord Jr. VINCEN is hours of audience do not the gencraiiiy of visitors. They are from five .u. fevcn the morning 1 After that hour, be will rtceive no visits. Lord DUNCAN,. who Was on a vifit to his fon ?7,-law, Sir Hew DALRYMPLE HAMILTON, at Bap geny in Ayrflire, was prcfented by the M;gifirates of Air, with the freedom of that borough. On Wedncfday laft, Sir EDWARD LAW, the At • 'rn.:y-Gereral, *as eluted Member to ferre in tl.c United Parliament for the of Wight, in C.: room of Sir RICHARD WoRSLEY, Bart. On Friday the Hdn. General Goanow arrived ;A Town from Fyvie-Calle r Aberdeenfhire. Yalerday New-York Papers to the 23d January wer• received. The Trcaty between France and the United States is [Lill under difeufrion ; but we do not find that any decifion has been announced. Indeed, all Treaties are dircuffed by the Senate in Secret Committee. _________ The party hoftile to JEFFERSON (about whore elation to the Prefidency no doull fccms to be entertained) fay, that in the Date of Virginia finch money was taken from the public treafttry of that Rate to fccurc the return of the anti-federal candidateS. . _ _ Mr. JAY has declined accepting the office of Chief Jtiftice of the United States. Me New rod ildvertilir of the t9th has the following article extrafted from The Baltimore Pa. :—" Captain CaAIo artiVed on Saturday in forms, that he had an account from a Gentleman direa from Citracoa, that the fever there had 'aged to an alarming height, infomnch that the I:nglithmen were carryingtheir cannon to Jamaica, iatending to evacuate the place." Coe itir-Gasora.-I,ail night the Oratorio of t-exion was performed with great effekt at this ;'.nafe, and the additieral crfe to God fir.-e the ng," which was lung at the Ancient Concert on ‘V..,lnefil.iy, was given with tonfiderable effeet. The penalty to be infliected for keeping `l‘'heat in ! - ere near Cape Town, has been increafed to one ..oufand nis clullars, betides confifcation. His Ex ,7llsney the Governor has publicly declared his in of lending a Commiffion into the Interior, der to enforce a compliance with the orders of .•..erntnent, of which the farmers have been ap i:if A few days Gnce, two human &doom were nil on the ellate of Mr. WILLIAM Fows.t, of in Kent, about ill inches below the fur .l‘•: I:1 the earth, by two labourers who were cm hcleil in trenching, near the bottom of Boxlcy ,, .ind in a fi e ld kn o wn by the name of White '• l• Several implements of war were found 1 with them, whit h gives reafon to conclude, ;:lcy fell in one or ahcr of the great condi& formerly happened, on, or near the fpcit, I ' :",!' . - o great didance from Kitts' Coity-Houie, ..si, an ancient monument of rude (kill has heza '-actl, that hands to pollcrity an event, which u( cords with the account given by our hiltorians, if' 'le great battle that was fought there. NAUTICAL INTELLIGENCE. MAILS THIS DAY.—Wind S. S. W. ARRIVED DUI. o Haniburgh 2 • Dublin, Feb. 24, o Waterford, 4 o Donnaghadee 2 o Clucrrifcy 0 Jerfey FALMOUTH, FEB. xs. The PRINCE OF WALES packet, Captain Tom), with the mails for Lifbon of the t 7th intLtnt, to gether with theTowwsHENn, Captain Donn, for the Leeward Iflands, with the mail of the I Sth are detained at this port by contrary winds. Arrived the Triton Portuguele frigate, from Lifbon, with difpatches. Wind W. S. W. blows hard. TORBAY, FEB. 26. The Hon. Admiral CORNWALLIS has linifled his flag on board the VILLE DE PARIS, of 11z guns, as Commander in Chief of the Channel Fleet. SUTTON, Efq. is appointed Captain of the fleet, and Captain RICKETTS, of the Mt- I GJERA fire-chip, to the VILLE DR PARIS, of 112 guns. Arrived here late laft evening a Privateer brig, with a large merchant (hip, fuprofed to be a prize. The SUWARROW fchooner, and MEGJERA fire-chip, which failed hat evening, were obliged to put back this morning owing to contrary winds. Arrived the AUTOMATIA, Captain CURTIS, from Falmouth, bound to the Eall- I odics, put in by reafon of contrary winds. PLYMOUTH, FEBRILAI2I' 26. Came in. from a cruile, the At Nlttrs, of "4 guns, Capt. MURRAY, and the 81111,, of 3 6 guns, Capt. KING ; alfo the Dann 'Lague, Anna Ca. thcrina, Capt. RANDOLPH GUY, fiom Bergen, bound to Leghorn, laden with till', detained by the IMMORTALITE, of 38 guns, Capt. HOTHAM. PORTSMOUTH, FEBRUARY 27. Sailed the WINDSOR CASTLE, of 98 guns, Admi ral MITCHELL, to join the Channel fleet.—Sailed la LOIRE and BEAVER on a cruize. FROM LLOYD'S LIST. Drat., FEE. a7.—The RACOON Hoop has made fignal of convoy tb the weftward. Wind S.S.W. GRAVESEND, Pls. 27.—Paffed by the Ariadne Louifa, —, from Charletlon, and Reinholdt, Ont.tas, from Hamburgh.—Sailed the Endraght, HA Alt,for Hamburgh, and Margaret, To LEY, for Mogadore. DUBLIN, FEBRUARY 22. In the violent storm of Thurftlay, his Majefty's yacht the DORSET, was driven from her moorings in Poo'beg into the Bay and over the Bar, fortu nately without any injury to the (hip or crew. His Majefty's frigate EMERALD, Captain O'Bity s arrived at Cove on Saturday !aft; (he is to convoy the trade to the Weft Indies. Her failing is fixed, we underhand, for the 2.4. th inftant. It is much to he feared that the following !hips, coal-loaden, on their paffage from Shields to Lon don, are loft near Yarmouth, with all hands, as the owners have received feveral letters from that place inclofing indentures, &c. which have been wafhed afhorc :—Peggy, of Howden-pans, Capt. THOMAS ARMSTRONG ; Perfeverance, of ditto, Capt. JoHN MANNERS.—The Eliza, Capt. Dow- EL L, of Shields, is alio loft at Burton Deeps, Lin : crew faved. The York, Capt. Cztizar, which had failed from hfaryport coal-laden, was loft on Dublin- Bar, on Friday fe'nnight, and the mailer and two boys unfortunately perifhed. The Ann, Capt. Plotzteorox, belonging to Workington, was loft on Droghcda-Bar, on Fri day the 13th init. one man was drowned, and a boy ftarred to death in the rigging. The reft of the crew were all !saved._ _ _ _ Yellerday a court of Direeors was held at the EMI India Houle, when the deflination of the PicF6TON was altered from Bengal direr to Ben• gal and Bencoolen: The following extra (hips were taken up for one voyage only t Tuns. owners. Comet - 533 Mr. Dabuz. Saab Clutitiana 557 Mr. Cbansock. Caledonia - 6co Ditto. Maw 359 Ditto. Ditto . . 6,t0 Mr. Wllkinfon. Ditto 55 0 Mr. Meftayer. _ . The fl,;ps expelled to be difpatched to India in the condi of the next week are the following, the Commandcr, of which have feverally taken thcir leave of the Court, viz. For BornYay—ithe fort William and Wareefter. For Chisirthe Alfred, Woodford, Al. Mon, and Taunton Cattle. Far Ben al — lad HWY. The following Ihips of this fcafon a ill then re main, viz. For Bingal—the Henry Dur.das and Prefton. For the Spice laantlA—thi Frinuf, Charlotte. For China—the Hely mlaye.lA'atiey,and Furl of Abergavenny. For St. Helena and dclie.i—the L or d Dmmui. For Ditto and Bencti,tm—en. new Chip Windham. for Cnaf and lie Afla, Walpole, Lord Thurlow, and the Sir Stephen A letter from Lilbon, dated February 10, lays —" We have been aiarmcd here by the French Rect. The WALSINGNAM picket paired through them off Iffhant, and the day after her arrival four frigates chafed one of ours (Englith) into the Ta ps. A Lieutenant was put into a boat, to give informatiun, and the MINCRVE inflandy failed to advise our Admiral of it, who is Rationed off Ca diz. It is fuppofed they are going up to Egypt. The Lieutenant who brought the intelligence is not fu ff cred to land ; his veifel coming flow the coat of Barba' y, he is obliged to perform quaran tine in the River in the little boat that brought him, his own fhip being gone, and no other daring to take him on board ; there he remains in an open fkif, and boats go daily and throw slangs to hiso, as if he were a wild bean in a den." IXTE!./JGENCE. COURT OF KING', BENCH. FEL 26. SHARI' V. A'ACV.W. Mr. Milif; AY dated, that the Defendant tw.; a Sheltie's Officer, who imcl taken the Plaintiff, Mr. Sharp, in execution f i n• a debt of 131. ;old fume Millings, and would nt,t di; . charge hint till he had paid him tl. 13s. 6.1. which was o•te guinea more than he had a right to do, and which, there fore, fuhjeacd the Defendant to the paym.:nt of three times the Cum and all the coils. This :team) was found.2d on the 29th Eliz. c. 4. entitled, an A.,:t to prevent eNtortion r a Sheriffs, Under-Sheriffs, Bailiffs, &c. and provides, that it 111,411 not be lawful f. a :my Sheriff, Under-She-1 13,iliffs of Fralichiks or Libeitie:, nor for any of the;r or either of their Officers, Miuiltcrs,l Servants, or Deputies, nor for any o f them, by reafint or colour of their or either of their office or offices, to have, receive, or take (41 any perfon or perfons whatfoever, diratly or in direftly, fur the ferving and executing of any ex tent or execution upon the body, lands, ;*rods, or chattles of any perfon or perfons whatioever, more or other confiderations of recompence than in thisprefent sta .; and than be limited andpplu 'hu ed, which :hall Le lawful to be had, received, :.rtd taken, that is to fay, 12d. of and from every twenty Millings, where the fum exceeded not t ool. and 6d. of and for every twenty Ibillings being over the laid fun' of 1 ooh. that he or they Ihall fo levy or extend and deliver in execution, or take the body in execution ; fur, by virtue and force of any filch extent or execution whatibever, upon pain and penalty that all and every Sheriff, Under- Sheriff, Bailiff of Franchifes and Liberties, their and every of their Minillers, Servants, Officers, Bailiffs, or Deputies, which Mall diredly or in direaly do the contrary, fhall hole and forfeit to the patty grieved his trelle damages, and (hail for feit the film of 401. of good and lawful Englifh money, &c. Mr. ERSKINE made an able fpeech for the De fendant ; but not having evidence to fupport it, the Jury found a verdia for the Plaintiff fur Three Guineas. THELLUSSON V. COPINGER. Mr. MACKINTOSH ittid he had a motion to make on the part of the Defendant, but was doubtful whether it was within his Lordihip's jurifdinion to grant it. Mr. Cr>pinger, who was the De fendant in an anion that had been brou"ht againit him, for a malicious profecution, was at pretent in confinement, and if it could be done, it would be of great confequence to him to be prefent at the trial of his caufe to inftrun his Counfel. Lord KFINYON Paid, that application reminded him of one of the bacilli:l proceedings lie ever re colleted. It was an anion brought againfl a She riff for an Efcape, becaule a prifoner in his cul tody had been brought out of that cuftody by a Habeas Corpus, to give evidence in a cattle. That point was now fettled. A ptifoncr might be brought out of cuaody for the purpofe of be►ng a Witnefs--but it bad been carried no farther; and therefore that application could not be granted. CHATTIRTON V. CLOTER. This was an action on a bottomry bond on the fhip Fortunate Return, freighted with timber from Memel to London and back. On her return the met with tempefluous weather, and was obliged to put into Rye in Suffer, where fhe underwent a thorough repair. The Captain having applied to the Plaintiff for that purpofe, the errience was ef timated at from t Soo to 20001. ; in order to fecure the payment of theft repairs, this bottomry bond was granted by the Captain. After remaining near four months in the port of Rye, the failed on her voyage to Memel, but bad been but three days at fea, when the fprung a leak ; a veffel hove in fight, took out the crew of the Fortunate Re turn, and fhe loon went to the bottom. It was proved by the evidence of feveral witneffes, that the had undergone a complete and thorough re pair by the Plaintiff, and that this accident was to be attributed folely to the tempefluous weather. It was contended on the part of the Defendant, that this vela was not fea-worthy at the time the failed, and that by being fuff:red to remain fo long in harbour, the had ly:eit materially injured ; ftrongcr evidence ought to have been adduced of the real (late of her when the did fail : on thefe grounds it was fuhmitted the Plaintiff was not en titled to recover. Lord Kravori thought the Captain had done his bell to favc the veal ; his Lordship could give the Jury no other Alliance than what the proof afforded, it remained with them to adminilterjitf tice between the parties.—Verdift for Plaintiff, da mages tool. ELLER'S' T. POTTS AND OTHERS. The Plaintiff in this cafe i. Captain of aWA indiaman, and had carried a cargo of goods to Tortola, which it was Rated he had fold to the heft advantage. This affirm was brought to recover a quantity of cottons and fugar, the return cargo on his own account, and which the Defendants il legally detained. 'The Defendants alledgcd, that the Plaintiff had not fold the cargo entrulted to his care to the belt advantage, and that they had detained the cot tons and fagar to make good the deficiency in the produa of their cargo; they had fold rant of the cottons for 591. The Plaintiff, however, maims. ed to accept of nominal damages, provided the goods were delivered up. The Jury accordingly found a verdia for the Plaintiff for 591. the amount of cottons fold, and 5001 damages, in cafe the fugars were not reltored in one week from thi day. HUTCHINSON V. NICHOLAS. This aftion was brought by the afrignees of Tweedy], a bankrupt, to recover the funs of toßl. Rs. for Eidlcry goods farniihed the Defendant prior to the bankruptcy of Twocdel. On the part of the Defendant it was limed, the Plaintiff had agreed to take the amount it woe. It was clear ly proved, however, by the Plaintiff's witneffes, that the goods were exprefsly fold for bilk or mo ney, and that 251. had been paid on account.— The Jury accordingly foln-I a verdia for Plain- 1 dif, 831.85. T . ! TAIJAXY 27.-rIG 4 W 'V Mr. ,Git.Es opened the Plcadinp, from v..hiciv it appeared that this WAS All aail/11 On a Policy of Infuraucc, dated July tath, I 99, on Good; on board the Ihip Clot ia, at and front la verdooi to Baltimore. Mr. Ensstsr, who nr - ZnA this c.d.: with great rerfpicuity, he did not know that do better than state the admiaions that had been very honourahly made on both fides in this r:Ce. It was :I (111A10:1 relini.'ting an iverag,: to tied on a 1 is on a cargo not within the general memorandtim, Ii it fuhjea to a parti-:o:ar average. They admired the invoke price of 17 bales of goods which wer.i enfured, toilether with th. 2 charges of tlipment and ?r:o-am, anayan::it to toSol. ; that the titip on the 22d of July t 79 ) , nod a: t tired at in I the September foll,win : ; ; ;bat 1%% if tite 1"...i..:• teen bales were damag..d. and .:t the involec price of tittle two bales, fi to of al charges, was 141. 6s. 6d. The amotan of the export duty upon thefe two bales was r7l. 18F. 6.1. and the drarges of freight, port charge?, duties in Ameri ca, and charge:, of ,ale, :mounted :o !L.: futther thin of 261. t 2s. 7d. which Punt, ailed together I amounted to 53 . 1. 16s. 7d. That of rOl. 16s. T a. was the invoice price of thele MO hat..., with the charges added. . The admiifions went on to Rate, that thefe two bales fold for 145. which, deduFted from the 1381. 16s. 7d. le ft the fum of a ltl. 25. 7d. bels ; and then it was flatcd that the Defendant had tender ed his proportion of that fum, which was al. t 2S. ad. per cent. As there was no market at Baltimore, the courfc of the trade was for the Merchants to fend the goods up into the Country, and depoilt them in ilorehoufes, where they were lila by retail at twelve months credit, at the expiration of which they received the money in the currency of the country. 'fhe average of ion per cent. currency amounted to 661. 13s. 6d. fterling. The queftion for the conlideration of the Jury on this flatement was, Whether in a N icyof Infurance, which was a contra& of indemnity, though without doubt the Defendant did not inlare the mit ket, whether he was not bound to put the infured ^a the fame con dition as if his goods had arrived in a found Rate at their ultimate place of deftination—and whether the mode of calculation would not be to fee what the infiwed, .by taking into conlideration that which the pods would be worth if they had ar t ived undeteriormed, and that which he. had re ceived in confliquence of a his ? lie underftond there were to be two queftiow, made for the cone'. iteration of the Jury. The firlt was, whether an American average did not by cuflom differ from all other averages? and that in thi> c de they conk/ not have refort to thofe generalprin, ;pies on which moires on Policies were vlimateci, but were to confi der this as an anomalous cafe, becaufe it took place in America ? This he conical:a sits above his corn prehenfion, and altogether mylterious. But he thould not be at all difmaycd if he should he found to be in the wrong on this queflion, when he recol leaed the trial of a canfe which was not yet finally . . fettled ( lohnfin v. Shad." ) , and in which two Gen tlemen of great abilities, and from whom they were in the habit of receiving great allidance in that place, had widely differed in their mode of calcuTation. There were fome conundrums in the law which were fo mixed with the interefls of mankind, and had now become too inveterate to be got rid of; but there was no reafon why any of there thould be found in a cafe like this. A Po licy of Infurance was a contra& of indemnification —and he had nn idea how any man, with any appearance of jnflice, could fay you are not to be indemnified, as the lois happened in America. If the lofs had happened in any other quarter of the globe—if it had taken place in Europe, Afia, or Africa, you arc to be reimburfed to a farthing— ! but as it happened in America, in filch a lati -11 vide and futh a longitude, you are not to recover the fame ground. That was a mode of rcafoning above his comprehenlion. He might apply to this cafe the celebrate" efi,Yum of a great man at a late trial at Wellminfter Hall, who laid that "Rice does not depend on climates or degrees," and in the elegant Notes of a Short-hand Writer, "quake does not depend on climates and there." The next thing would b.:, whether, in this parti cular cafe, they were not to look at the indemnity of the iniiired ? The Colinfel thought this cafe went pretty much on all-fours with the cafe that was now (landing for Judgment in the Court of King's Bench, ( johnfol v. Urea's) The LORD CHIEF JUSTICE raid, he might mit: take this cafe ; but it appeared to hint to be one of the elearell in the world. If it was not fo, he had no comprehenfion of it. The Leading Conde', on the part of the De fendant, raid he acceded to the principles laid down by his Learned Friend. He admitted that a Policy of Infarance was a Contrad of kJ:m/1;- 4 ; and he withed to lubmit to the confider:vim of the jury whether that contrail had not been _ . performed by paling to the perfini insured the full !amount of the invoice price, with all charges. There was no market on the fpot. The rule adopted for the convenience of every body in America was to confider an average lufs as a total lofs, wish benefit of falvage. Whatever the pro ceeds of the deteriorated goods amounted was dedutied from the total lofs. Could a man in any cafe receive more than for a total lois ? In this cafe they did not look to the market at all. He had fome of the moil refpea.thle names in his brief, it it was thought neceffary for the elocidation of the (welkin he would call them. That was the ufual coitrfe of adjulling there ; and the De fendant had been always ready to fettle this lots upon this principle. It did not appear very clearly how much the Plaitititi in this cafe claimed beyond the sum that had been tendered by the Defendant. Lord KEWYO,I raid, if he thought the point in this cafe was the fame wi:h that now before the Court. he would not touch it, fence two Gentle men of uncommon mental endowments had dif fixed about it : and he Paid it would be extremely indecent in him to deliver any opinion there on a point depending Won the Court of which he was