Star. — London, England, 1801-02-10 00:00:00

, in uid Itb, and )liC ~ter im ea- tee he .011 of his eldlion. The independent borough -of De vizes will difpenfe with the formality of a canvas in a cafe fo interefling to the tranquillity of the Empire. Thus Mr. ADDINGTON may come into the Houfe of Commons as CH ANCELLOR of the Ez cHsnysa on the day after Mr. Pirr quits the Ra tion. • . . Mr. ADDINGTON, it has been determined, is to be both Prime Minifter and Chancellor of the Ex chequer, as was firft propofed, the Duke of PORT LAND having preferred remaining in his prefect office. Lord HawaESDURY, it is raid, will be Mi sifter for Foreign Affairs, and Lord Macaws-may be placed at the bead of the Board of Controul ; but the Office of War Minifter is not to be united with that, as before, in the perfon of Mr. DUNDAS, We yeiterday mentioned the various arrange ments that had been propofed. Inftead of Mr. PERCIVAL, Mr: Law is now mentioned as the in tended Solicitor-General. The Earl of CLARE . denies that he is coming into any fituation of pub.. lk truft. Earl Sr. VINCENT has been offered the Admiralty. Lord Au c smear) is mentioned as having exerted his talents and experience in bringing about the diffolntion of the coalition which he fo happily for med ; and it is now mentioned as a fingular fait, that he never once attended the late Seffion of Par liament. There are thofe, therefore, who think that the difference between his MAJESTY and Mr. PITT lies deeper, and is more inveterate than the fore which is talked of as the immediate caufe of the rupture. The paragraph in the coronation oath is a mere pretext.' It cannot impofe on the molt thallow underflanding, fence it is applicable only to the KING'S executive, not his legiflative ca pacity. It enjoins him not to difpenfe with the law of the land, and not to violate it ; but to fay that his MAJESTY is bound by oath to refute his Royal Affent to a Bill which may pats the two Houfes of Parliament, is to alien that we have no filch thing as a reprefentative fyftem, and that o* Legiflature is a mockery. Whatever may be the fecret and real caufe of the rupture, it is of a nature that muff produce more momentous changes than the chief aetors have perhaps the fmalleft idea of. If Catholic emancipation be a mere pretext with them, it is a matter of molt ferious import with others. It is not a queftion that fhould be Darted to kick about like a political foot-ball. 'lle following is the pillage on which fo much Rrefs Is I prondfc to the utnsett of my power to maintain the laws of GOD, the true profdßon of the Gofpcl, and the Proteitant Reformed Religion eftablilhesi by Law ; and I wil 'referee onto the Bilhops and Clergy of this Realm, and to the Churches cam:ratted to their charge, all fuck rights and WO. loges as by law do or fall appertain unto thaw, or any of thaw" Her MAIM!' and the PRINCISSIS, accompa nied by Lady CAIOLINt WALDIORAVI, came to tcArn yefterday morning from Windfor.—The Kano arrived at five o'clock in the afternoon. His MAJESTY has appointed Saturday next to receive the Addrefs of Congratulation of the Cor poration of London on the important event of the Union of Ireland with Great Britain. The Right Rev. Father in GOD the Bifhop of Sr. DAVID'S was on Sunday confecrated at Lam beth Chapel. The Duke and Duchefs of Yoaa have left town for Bath. _ _ On Wednefday evening a fuperb Ball was given in the ward-room of his Majefty's !hip SATURN, AI Spithead, and attended by many very refpedtable inhabitants of Portfmouth, and a numerous atm blage of military and naval officers. After dancing, the company retired to an elegant cold collation. CANIAIDG s.—The two prizes of 211. each, given by the late Dr. SMITH, for the heft proficients in Mathematics and Natural Philofophy, are this year adjudged to Mr. Hsear Marrvii, of St. John's College, and Mr. Wittrars'Woonazz, of ran broke-hall, the firit and fecond Wranglers. The Admirers of MosAoN's Compolitions will be. highly gratified by the introduilion of his kr visl4 in our Oratorios; it has been performed at Vienna, Berlin, Frankfort, and other parts of the Continent, and is allowed to be the Chef-d'ettore of this truly wonderful matter. Mr. H. Burt,sa, who lately died at Market Deeping, aged 77 years, had been married halls czntury, and although his family was very nume rous, his own death was the only one that hap pened in it during that period. There is now bring at Cloves, pariffi of Alves, Murrayllhire, JaMas WATSON, who has teen part of three centuries. He was born in March, ifinci. Tits farthett journey from hi: native fpot was once E Keith, a village about 20 miles diftant. He via: at his fon': harveil-home in Oftober Taft, and atter (pending the evening with much glee, walked Dame to his own bottle, a diftance of a mile and a half, where he was born, and within a hundred yards where his father was born, who died at the advanced age of ng years. The Lez-iflitire Body of the Batavian Republic has ap:n allowed the Exportation of Cheek. Tames DT GINISOSITY.—When the Alien outs Citaex an was on his way from Bohemia , to take the co d of the Army of Get many, as be approached the fcene of aftion , he fe ll in with a number of wounded, abandoned by their com panions on the Aid, for want of horfcs to drawl the carriages In'tliiiktreat. The Panics imme diately ordered the hales to be unyoked from re. venal pieces of cannon that were likewife retreat irg, flying that there brave men were better worth Li , ipg than ii . few lifters' of cannon. Whets Gene ral Mousy heirdnof this benevolent trait, he or. ler-d their cannon•to be reaored, obfaving,“ that ' ' would t Ike no cannonthat were abandoned from .::4 humane motives !" - NAUTICAL INTELLIGENCE. MAILS THIS DAY. — WIND N. N. E. MILKIVaD. OWE. g Dublin, F e b. 6. 1 5 Donnagbadee, Feb. $,l, 4, s, 6. o The mails for Lifbon of the 27th ult. and ad init. arc Rill at Falmouth, on board the EARL Gowta packet, waiting a wind to fail ; as arc alto the malls of the 4th in ft. for Barbadoes , Martinique, and Jamaica, on board tee L* FRANCIs packet. PORTSMOUTH, FEBRUARY S. This day arrived at the Motherbank, and put under quarantine, the following Tranfports from Gibraltar and Lifbon : Orion, Hortos, Hezham, Boar, Ann e SMITH, Zephyr, Gooc it, and Telema chus, PAIN. Sailed the Prince William armed with the Traders for the Downs.—Alfo the Sr. GEORGE, of 98 guns, Capt. Erse, and the ItssoLuricos, of 74 guns, Hon. Capt. GARDNER, to join the Chan nel Fleet.--Thc ANsoN, of 44 guns, Capt. DIA HAM ; and the PROSELYTE, Capt. FovKE, with the Tranfports for the Weft Indies, dropped down to St. Helen's. The Rebuttals, Capt. Dizos, and Batton*, Sir T. B. THOldrsom, are taken out of Dock, and the VANGUARD and BRUNSWICK are taken in. FEB. 9.—Sailed the PROSELYTE Frigate for the Well Indies, with the following Tranfports, hav ing on board the ill Battalion of the Royal Scots, and the 64th Regiment of Foot : Admiral Lafo rey, Coverdale, Alive Increafe, Harriet, High. land Lafs, Lady Shore, Loyal Briton, Samuel and Jane, and Windfor.—Sailed on a cruize the BRIL LIANT, Hon. Captain Pecrr.—Arrived the TEAZEL gun-brig, with a convoy from the Downs. SHEERNESS, FEBRUARY 9. Sailed this day his Majefty's (loop, Lynx, of 1 i 8 guns, Captain Slaws, for Yarmouth; and the Rama gun-brig went out of harbour to the Norc. FROM LLOYD'S LIST. DEAL, FEE. g. Wind E. N. E.—Sailed the ROBY man of war , for Sheernefs. _ _ . _ . _ GRAVESEND, FIB. 9.--Pafled by the Bctfey, HALL, from Barbadoes ; Severn, —, from Waterford ; Romulus, FALLS, from New York ; and Stag, from Cork.—Sailcd the Lady Harewood, BREN•7I for Jamaica; Juno, BL•CIC BURN, for Grena da; Alexander, Tam, for Martinique; Venus, GARDNER, for New South Wales; Duke of Montrofe, BURT, Dover Caftle, SAMPSON, Calcutta, MAXWELL, Airley NASH, and Charlton, —, for India. HULL, FEBRUARY 6. Yefterday the Mips for Lithon and Oporto, that were to have failed from hence the 3oth ult. went into Whitebooth roads, there to join the convoy for Spithead, the place of rendezvous for all chips failing for thole ports and the Mediterranean.— The Voltigeur French lugger privateer, of t 6 guns, with red tides, and a (mall black fchooner, of to guns, both belonging to Dunkirk, were, on the 24th ult. to fail from Norway, where they had re• paired, to cruize between Teigiunouth Cattle and Flambro' Head. The Pomona, At.sxasoza, from Gibraltar to Minorca, is loft at Mahon ; cargo Paved. The John, Wens, from Jamaica to Liverpool, is taken br a privateer of 24 guns and 200 men. The Triton, Smelt, from London, is loft in the Wefer t crew raved. The Zealous, Dossow, from Copenhagen to London, is loft near Copenhagen; moil of the, cargo Paved. Notice has been fent by quick failing veirels to all our foreign Rations of the efcape of - a fquadron of the enemy's Phi ps from Breit. The Instorra. LIT{ frigate was difpatched from the Channel fleet with the intelligence to Lord KIST!! ; and the PIN- 1 omit armed (hap has been fent out to India. The Purfer and Gunner of the CORMORANT are arrived in the CHILDIRS, after being fhipwreckedl on a shoal near Rofetta. They were marched a diftante of boo miles from that place—through Damietta, Alexandria, and Gaza, to Cairo. The Officers "ere treated with great refpee by General KLISIR, and Captain Bort! dined with him the day before he was affaffinated. Letters from the Hague, of the 28th January, Rate, that the French Admiral BR oix had arrived there to accelerate the naval preparations in the Dutch ports. The Dutch navy confifts of 16 fail of the line, fix frigates, and 93 gun-boats. CAPTURES ST THU Faamcm.—.The cruifer My Uncle Thomas, of Rochelle, fitted out by Citizen &MARRY ; has entered the river of Bourdeaux, with an Englifh prize, the Leander, of 600 toss, from Jamaica, laden with coffee, fugar, and in digo, and valued at t,c00,000 francs. This prize carried a 6 carronades of 18 pounders, and made lan obilinate refiftance. The Englifh Captain was dangeroufly wounded. He had all poffible affid ance.—Two Englifh prizes have been carried into Brehat, one by the Bougainville, a privateer, of St. Malo ; the other, by the Hero., of the fame port, Capt. Roue. The former, mounting fix guns, and pierced for 14, was on its voyage from London to Dublin, laden with fugar, rum, &c. it is called the Richmond ; the fecund, called the Dolphin, of Poole, was coming from Newfound. land, laden with dry and freffi cod, and fills oil, &c. An Englifh fmuggler has been taken, and carried into Boulogne, by the privateer Vißoire, of dust port. It was laden with brandy and gin. The galliot the Three Sifters, of Poole, from New. faundland. laden with cod and oil, prize to the Hems privateer of St. Malo, was carried into L'Orient on the 18th of January. Alfo the lug ger Lottery, from Jerky, mounting (lx guns, taken above the Idle-de.Groix by the Arriege,l Captain Heiler. The Hope, of Liverriol, from London, with a cargo of agar, tallow, iron, falt pew, Ste. was fent into Calais on the aotk of Jan. ,by tlv Bouloanais privateer, Capt. DILOQUAIIT. LiflV INTELLIGENCE. COURT OF KING'S BENCH, FEB. 7. Mr. BOND. file Wed caufe againft a rule obtained by Mr. ERSKINE, calling upon the James for Somerfetfhire, to audit the accounts of the Con fervators of the river Tone. It appearing that the Bithop of Bath and Wells was a material party in this audit, and that the AEI of t o 111. did not require them to examine Th.: accounts at the fetlions, tho rule was difcharged. Mr. GARROW obfcrved, that in the cafe of the King, v. Nicholl, which was an information for a libel, in having put up the effigy of a Gentle. man who was in the medical profeflion, the De fendant had, as a preliminary Itep towards accom modating the bufinefs, written 'to the Profecutor, Rating, that he was concerned that he fhould have taken the effigy as intended for him, and affured him that it was placed there only to frighten the birds. He mentioned this to the Court to thew the difpofition of his client to do what was =d iary towards reconciling the offended party. Mr. ERSKINE laid, there could be no mifiake refpeßing the Libel, as there were gallipots hung round the neck of the effigy. Mr. DALLAS (hewed Caufe againft a Rule ob• tained by Mr. Easatas, to file a Criminal Infor mation againft Mr. Price, a Magiftrate for Corn wall, who had illegally convieted a perfun of the name of Rowe, for having in his poffeffion a grey hound, not being duly licenfed. After Mr. DAL LAS had proceeded at Tome length, It was agreed to be referred to the Matter to fettle all matters in difpute. • Robert Fergrion was brought up in cuftody of the Keeper of Morpeth Gaol, to receive thsjudg ment of the Court, for obltrating an Excite Of ficer in the execution of his duty. Mr. Parke laid, that he had already been confined for Thirteen months in the gaol of Morpeth, and that during the time he had been there, he had lx hived with the greateft good cOndutt ; and that he had fpo ken to the Attorney-General on the fubjea, who did not with to profs !the Court for any further punithment, if they were inclined to take his own recognizance for his appearance when called upon. The Court took his own recognizance in The (urn of one hundred pounds, and he was difchargcd. THE RING V. THE REV. It. TATTERSALL. This was a mandamus, calling upon the De fendant, Vicar of Harewood, to nominate one of two perfons returned to fill the office of Church warden of that parifh. In return to this manda mus, Mr. Tatterfall certified that they were not duly nominated and returned accordin to ancient cuitom from time immemorial, and f or this rea fon he could not appoint one of them. An iffue was direCted to try the quellion at tht next aiEzes, in an aftion for a falfe return. MONDAY, TESIATARY 9. The Rule for a new trial in Eyre o. Dunsford, was difcharged. The cafe of Johnßon v. Sheddon, refpeaing the mode of calculating an average lofs on a Policy of Infuranee, is enlarged till the next Term. CRIMINAL INFORMATION. Mr. Gnus, on behalf of Mr. Burton, obtained a Rule to ( hew caufe why a Criminal In formation fhould not be filed againft Mr. Hitchins, for the publication of a very grofs libel, totally void of all foundation. Hitchins, who is a tradcfman, living at Penzance, wrote a letter to the Admi ralty, timing, that two privateers in that neigh bourhood, had captured a number of valuable merchantmen, defcribing himfelf as being in com pany with them, and that Mr. Burton, who was the commander of a gun-boat , gave himfelf no concern to prevent thole captures, and that his conca& had proceeded from fomething worfe than negligence. That letter was figned Thomas Jones.' Thcre was no (itch perfon in that part of the country. But it was proved that this letter was the hand-writing of Hitchins. Mr. Nepcan fent a copy of it to Mr. Burton, which excited his furprize, and which he anfwered in a way that was molt fatisfaCtory to the Admiralty, who had furnilbed him with the letter itfelf for the purpofe of profecating. NORM ISQ :. V. ALLEN, KRQz. This was an adion for Criminal Converfation, which was tried at the Sittings after latt Term for Weliminfter, before the LORD CHIRP JUSTICI and a Special Jury, who, under his Lordfhip's diredions, found a Verdi& for the Defendant. Mr. ERSKINE, on the part of the Plaintiff, in the courfe of the prefent Term, obtained a Rule to Phew caufe why there (hould not be a new trial, which came on to be argued to-day. After the LORD Osier Jusvica had reported the evidence given at the trial, he obferved, that he Rated to the Jury that as in his opinion the Plaintiff, Mr. Hoare, had been acceffary in gene ral to the injury he had fullained, he could not maintain that adion. He thought, as the huf band had contented to let his lady go from his houfe at a moment when nothing better could be expetted, and no friend est confidential fervant to attend her ; his Lordllip thought he had delivered her over to the adulterer. The Counfel on both fides dtfplayed great abi lities in arguing this cafe; their arguments were chiefly confined to the two grounds on which Mr. ERSKINE obtained his Rule to (hew caufe why there should not be a new trial. The &It of there grounds was, that the LORD CHIRP Jusvics had rejeded Como evidence, which, by the rules of Law, he was bound to receive, and which, if he had received, would have had a great efed on the Jury ; and, fecondly, ftippoling the evidence to be as it was, whatever effeet it might have on the quaarear of the Damages, it did not juftify a Verdi& for the Defendant. After the arguments at the Bar were clofed, the Court were of opinion, that as it did not apear from the report of the Noble and Learned Judge what precite evidence was tendered at the trial, on that ground, and that ground only, it ought to go on to a new trial. cl'he evidence of Major COOK, who is fusee dead, is to be read on the new trial from his Lordlhip's notes.] When Mr. Easels' was contending that there I was no evidence is this cafe to (hew that Mr. I Hoare had delivered over his wife criminally to the Adulterer, Lord KENYON—" I think both fides wi(hed it not to be In underftood, and both parties were diffatisficd with the Verdict. I have no difficulty in !living, for a hundred reafons, both parties walled the Verdia to be otherwife."_ _ Mr. ERSKINE.—" I know no rcafon why the Defendant fhould have willied the Verdia to be otherwifc. The Plaintiff muft with it had been otherwifc, hccaufe it loads Lila n ith dilhonour and difgrace."—ltule abfolute. WINDHAM, ESQ D. LORD WYCOMBE. Mr GAKROW Hated that the trial of this caul* had been already poltponed on account of the ab. fence of a material witnefs on behalf of the De. fendant, and which witnefs then relided in Paris—. He was under the neceffity of moving thaiLit bet further delayed on the fame reafon, for they had not been able, hitherto, to get at that witnefs, al. though they were not deficient in diligence; con. fiderable difficulties arofe on the account of fomo pat ports which were neccilary to be obtained in this cafe. Lord Kanyon faid, Mr. Garrow might take a Rule to thew caufe; but he could not conceive how the defendant was not ready, if ho had ufedl proper diligence. THI KING V. SIIIIDII. This was a Cafe on the return to an Habeas Corpus, which was, " That at the time of his trial, the perfon above named, John Suddis, was a Gunner of an Artillery Corps Rationed at Gibraltar, and fubjea to the Military Laws of that Garrifon—That he was tried by a Court Martial, duly authorized, and held there under an i' of Parliament ; and that he was there fentenced by that Court as follows :That the Charge having been heard and the evidence for the profecution. together with what the Prifoner brought forward for his defence, and the guilt of the faid Suddes 'being fully proved, that he did receive feveral pieces of broadcloth, he knowing them to have been Rolen, and therefore the faid Court Martial did order that he be tranfported beyond the feas for fourteen years, to fuch place as his Moja y by the advice of his Privy Council Mould be pleated to declare and appoint ; that this Sentence of the Court Martial was approved of by the Governor of Gibraltar before whom it was laid; and that the Prifoner was fent over to this country and de livered into the cultody of Sir Wm. Pitt, the Go. vernor of the Garrifon of Portfmouth, and that was the caufe of the detention of the faid Suddes." Mr EasttlNs had obtained this Rule to bring up this man, under the idea that the detention of him was contrary to Law, and on the ground that the Court Martial had not power to fentence this man further than a court of Civil Juftice had in Eng. land ; and that, as it did not Appear, on the face of the proceedings, that the principal Felon, namely he who was faid to have ftolen the goods, was conviaed ; and if that was not proved, the other Felon, that is the Acceffary after the fad, which the Receiver is, could not be found guilty of this felony, and therefore his offence, at moll, could amount only to a mifdemeanour, and for which no Civil Court of Jullice in this country had power, by the Law of the Land, to order him to be tranfported ; and if a Court of Juftice had no fuch power, a Court Martial could cot poffela it— for the Court Martial had only power to lenience perfons for offences " accot ding to the nature and degree of their retpeCtive offences," which degree and nature were defcribed by the Law of the Land, and beyond which neither Court Martial nor any other Court could proceed in any of the dominions of the King of thefe Realms. Mr. Assor contended, that the fintence of the Court Martial was concluflve in this Cafe, for that they were not bound to pats exaCtly the fame fentence on this Prifoner as a Court of Law would do in this conntry.—Secondly, If they were fobound, their Lordfhips were now bound to prefume, that the trial of this man was proper, and the fentence alfo, unleG. fomrthingappeared to the contrary.— Thirdly, admitting this fentence to be correa, which they were bound to do unlefs fomething to the contrary appeared, their Lordfhips would not repeal or reverie that fentence, becaufe the Court of King's Bench was not a Cow t of Error to cor rea the proceedings of a Court Martial. This Prifoner was now in cuftody under this fentence of 4 Court of Competent Jurifdi&ion, and therefore muft fo remain until the King's pleafure fhould otherwire difpofe of that peribn. Lord Kaarow delivered a very able judgment, in the courfe of which he oliferved, that the rules of Law as well as fubftantial Juftice bad been oh (erred in this cafe, for the punilhment was eraftly that which the L aw would have directed a Civil Magiftrate to pronounce on this perfon, if tried and convidied in this country. His Lord (hip quoted the opinion of Lord Hats upon the fubjea, the prattice of giving way to points of technical dif% tinaion which went by the merits of a cafe, and by which tome of the molt atrocious offenders et.. taped the punifhrnent which was due to their crimes. —As far ;s Courts Martial proceeded in the ab. fence-of fuch minute and fenfelefs diftlations, they were right ; for he owned, that Rating an ,offence„ for inftance, by way of weave, as it was called, to be in the parifb of St. Mary-le-Bow, in the Ward of Cheap. when the offence was committed in the EaR Indies, hc owned, he faid, this fort of prac tice was a difgrace to the Law of this country.— However, it was, perhaps, a practice too inveterate to be altered. Not that he willed to fay any thing againft the general Laws of this country, they were, in general. certainly the belt in the world. His Lordfhip, was, however. quite clear, that this conviCtion and fentence were right, and filch as an Engli(h Court of Jultice would have paffed-...:hat the whole Cafe was perfealy regular, and that, therefore, the Prifoner ought to be remanded—he Paid this very much at his cafe, becaulk hc refleaed. that every other Court in Weßminfter Hall was open to another application for this Writ, in the event of the party being diffatisfied with the deter. mination of this Court. The other Judges concurred, and therefore the Prifoner was ordered to be remanded. It was afs terwards (aid, that the principal who (We disk g oods, was coevieed and hanged for it.