Star. — London, England, 1801-02-07 00:00:00

NAUTICAL INTILLIGENCE. MAILS THIS DAY.—wimp N. A IM SD. o Haenburgh I Dublin, Feb. 5, g Jeffry, Feb. 4, • g Oucrufey, Feb. 5, cot. 3 I' o 0 PLYMOUTH, FLBRUARY s. Cure in from a cruize the TELEGRAPH of IS gu ns, Capt. Coacszus. Sailed on a cruize the MAGICTINNI, of 36 guns, Captain °Gime ; 'Nobles, of 36 guns, Captain LuKtn ; and the Drumm of 24. guns, Captain BATHIJILIT.•-• The Oman of 36 guns, Captain LINZEE, has cap tured a French Frigate of 36 guns, in the Bay of f.feay; but the is not yet arrived.—Two Frigates, with a large Dani(h Ship, are now coming in from the fonthward, but will be too late for the ,f.—Came in the Adventure, of Jerfey, from Naples, laden with oil and other goods, for a market. PORTSMOUTH. FEBRUARY 6. Sailed this afternoon the PRIHCEWILLIAM armed with a convoy for the Downs. Arrived the CHILDERS (loop, Capt. CRAWFORD, with a convoy for Lifbon, and feveral tranfports from Gibraltar; alto the Liazary brig, Lieute nant COOR, from a cruize. The LEDA, of 38 guns, Captain HOPE, failed this evening on a crwze. MILFORD, FEBRUARY z. This day failed the Henry, Hay ; Argo, Fa *Ma ; Ellen, WI t. Liam s ; Earl St. Vincent, Cori t; Ocean, Uri - E ; and Induftry, GI t.rt a, for Liver pool; and Britannia, M'At.rtu, for Greenock: Faa. 3.—La Virgin des los Dolores, a Spanifh fhip, burthen about 360 tons, laden with fugar, tobacco, and logwood, came into this port to day, in company with la VENTEVA, floop of war, Lieut. Bsinwoon. The Spaniard was captured off Teneriffe, on her voyage thence from Havan nah, by his Majefty's fhip ARGO; the prize mailer, for want of obfervation and charts, took the Englifh coaft in the Briftol Channel to be the French coaft, and accordingly fhaped his courfe for Plymouth ; and had it not been for the appear ance of la VENTEUR, in all probability they would have driven on fhore on the coaft of Wales the following night, or other ill confequences would have attended. Arrived alto the brig Charlotte, of London, SALMON Mailer, bound from Neath to London, with iron and tin-plate, in great dif trefs—cargo fuppofed to be damaged. PROM LLOYD'S LIST. DIAL, Fss. 6.—Came down, the BODDAM, PALtaR, for India, and remains with the ihips as per Wt.—Wind W. N. W. GRAVESIND, Fss. 6.—Sailed the Crowa, STO• itEr ; and Renewal, --, for Surinam; Pelican, Dony, for Newry ; Britannia, —, for Gibral tar ; Commerce, DISNEt ; and Admiral Colpoys, —, for Jamaica. It was yefterday reported, that the French fquadron now at fea, had captured feveral of our Weft-India fleet of merchantmen; but this re port, we have reafon to think, is not correct. It originated, we underfland, from a letter received by a mercantile houfe in the city from Briltol, and of which the following extras was yefterday ex hibited at LLOYD'S : " The Adventure, Finlay, front Lowden to Martinique, wu taksohy Is Mottent privateer, on the lift of December. near Makin. One of the crew of the Adventure, put on board s I , 6rtnguefe veffei, talen by IA Mounnt, and re-taken, arrived lirifto/, relates that fifteen fail of the Welt India convoy were captured by the fad privateer." PRITATO RATTER IRON AN OFFICER ON BOARD LA coacoans, COMMANDED BY CAPT. ROBERT BAR TON, DATED PLYMOUTH. ) FRI. 4, 1801. " On the 27th of January, Cape Finifterre bear ing E. s N. damn 25 leagues, we difcovered at at night, by moonlight, (even large 'hips .11K.ut two miles to windward., under eafy fail, licer n.,.; to the wetiward ;—being on oppufite tacks, two bore up for us. One however in a fhort tune re turned her mirth and joined her fleet ; the other eentinuing in Chace of us, we flood on, until we flippored the fleet dillant about fix miles, Come what in our lee-quarter, when having brought to, we made the private fignal, which net being an tvered, convinced us the was an enemy. When tile was within hail, and during , Come preliminary converfation between the Captains, I had an op portunity of obfcrving her, from our comparative Jae, to be a frigate of very large dimenfions, with Poop ;—any further obfervations were prevented by a volley of mufleetry, and an order to ftrike to el French frigate. She then ranged up on our lee fide, receiving and returning our fire as the paired, till the !hot fo far a-bead as to bring us on her quarter t in which potation we kept her warmly and clafely engaged for about half an hour, when the enemy's fire entirely ceafed, he receiving our broadfides, which brought his • boat and other wreck from his fiern and quarters into the water, without returning a &cit. From this we conclud ed that his people had deferted their quarters, and that he had furrendered ; but we Coon found his attention was engaged in making his efcape, as we perceived him making off from us before the wind. Our braces being (hot away, Come minutes elapfed before we could purfue him ; and though every e , :ertion was made by Captain BARTON. we could not again bring him to aftion. At three in the ntornmg we 101 l fight of him, and perceived him again at daylight ; but, his fleet coon appearing to windward, obliged us to relinquith the purfint and Ater for England. Though the pretence of a very (uperior force has deprived the officers and brave crew of la CoacoaDs the honour of adding a fine frigate to the Britifb navy, yet the confcioal nefs of having beaten a flip of a much great er , 'mei under the tattling circumfiances, mull ever be a Pleafing reighon to every perfon belonging to her." 140 N II EUR. LA, INTELLICPNCE: COURT OF COMMON PLEAS, FES S. JOHN GORDON SINCLAIR, ESLIzAL LOUISStANISLAU6 XAVIER, RING 01 , FRANCE, AND BROTHER Mr. Serjeant Barr fhewed catirc againft a rule granted on a former day, on a motion made by Mr. SerjeantSH E/HERD, why the Defendant's bail fhould not be difcharged, and the bail-bond given up to be cancelled, upon Ming common bad ; one of the Defendants, his Royal Highnefs Charles Philippe Monfieur, has ing been arrelled on two dif ferent actions by the Plaintiff, for feveral conlider able fonts of money, owing . to him for railing and ceding a regiment t o Defendants in Germany, 1792, and for money lent, paid, and expended on the Defendants account here in England. The arguments on both fides were eloquent and very interefiing : they were principally founded upon affidavits filed in Court,and on the Alien Aft, made to proteß aliens in this country againti be ing held to bail for debts contrafted out of the Bri tith dominions. • It appeared that the Plaintiff had, at different times, been advifed to arra the Prince, in order to induce our Minifters to pay the debt, which ap peared to be due, not only upon the joint note of hand of Louis Staniflaus Xavier, and Charles Phi lippe,for 80,6 2 livres, but alto for other large fume, paid by the Plaintiff for Defendants in England, and upon the Continent, according to accounts Rated, fettled here in England, and which were exhibited in Court. It further appeared, that the Prince, fo recently as in December laft, had appointed an arbitrator on his fart, and Plaintiff had appointed another to fettle and compound the whole debt and interefl due from in:. That the faid arbitrators had fet tled and fixed upon the fum to be paid Plaintiff, being debts and engagements for which he had been arrested, and been obliged to pay for Defen dant in England ; and in confideration of the faid fum to be paid Plaintiff, he was to give the King and Prince a general releafe, and had fubfcribed to an agreement for the fame ; and for that pur pofe a deed of releafe had been aaually engroffed and etecuted by Plaintiff. Several appointments were made to pay the money, but that fuddenly, and without any reafon affigned, the bufinefs was dropped, which fo much enraged the Plaintiff, that he threatened to arrat the Defendant, and was anfwered, that he might do fo. , It was acknowledged in Court, that the Plain tiff had treated his Royal Highnefs with every pof fible delicac'y due tb his fituation. Lord Ei.uos was of opinioll, the caufe of aaion arofe -out of the contratft made at Coblentz, be tween the Plaintiff and Defendant, to raife, and his afterwards 'ceding a regiment, and that the Alien Al alfo proteited them agaiuft the anion brought to recover monies lent, paid, and expend ed on account of his Royal Highnefs Charles Phi lippe, now in England; and accordingly coninion bail was ordered to he filed in the cattle. FEBRUARY 6.....1ATFS V. BROWN. This was an aftion to recover the furry of [oh 12S. alledged to be due as the balance of account on goods Fold and delivered. The parties, who are engaged in the manufaElory of thaw bonnets, had been in the habit of doing bufinefs with each other fora confiderable time, and the Plaintiff pretend ed that on the 26th of Augutt lafl the Defendant purchafed from him a quantity of fuch draw as is employed in this trade, amounting to upwards of 331. the balance on which was the furn fpecified in the declaration. To fubflantiate the fad of the delivery of the goods, two witneffes were called, but their evidence was completely unfatisfadory. Failing in this, it was endeavoured to be proved by the evidence of another witnefs, that the De fendant had on one occafion admitted that the greater part of the fum claimed was due, and that he had made.= offer to pay 81. as foon as a receipt usis produced. In this proof alfo there was a great deficiency, and the attorney, who was called to corroborate the flatement of this witnefs, did not appear to give evidence. On the part of the De fendant, the claim was not only denied, but it was even urged, that on a fair infpe6lion of the ae counts, the Defendant, fo far from being indebted to the Plaintiff, aftinilly had a fair claim on him to the amount of aol. Two witneffes were called whole evidence was clear and explicit, that the quantity of goods alledged to have been deliverl, were never at any time Peen or heard of in ilic orarchaufe of the Plaintiff, and that the Plaintiff had on the morning of the day when he was fup pored to have purchafed them, attually inform:7d the Defendant that be did not then require any fupply. Lord ELoow, in Cumming np the evidence. ani madverted with confiderable warmth on the impro priety of bringing aainos of this kind into Cowt, and expreffedhis hope that the Attorney concern ed for the Plaintiff would at leaft have the coorfarnre not to charge his client with his attendance this, days he hoped alfo that he would be honef( enough not to charge him with the expence of the atten- , dance of witneffes, whofc evidence WAS altogether nugatory in the taufe. COURT OF JUNG'S BENCH, Mts. TN& KING V. WADIPIAOTOM, Lord !CANYON read over the Indiament, in which were contained feveral counts, charging the Defendant with engroffing, and alto buying a large quantity of Hops, in order to enhance the price, and endeavourtng to perfuade perfons to keep back their Hops, thereby preventing them from coming to a fair market. His Lordthip then read over the evidence produced at the trial in this Court, and concluded with Rating, that the Defendant had been found, by a Special Jury, Guilty. Mr. LAW then addreled the Court on behalf of the Defendant. He Paid that much of the cri minal charge alledged againli the Defendant had not been proved : that witlAefpeS to his having induced a perfon who had a large quantity of Hops on hand, not to bring them to market, forehand bargains, it was proved, were =dray for tk grower to nal?, or he could not bring forth his culture. It was alto in evidence, that out of tv,ooo acres in the county of Kent, the Defendant had not purchafed more than :to acres. It cer tainly could not be imputed to him, that his view was to monopolize the whole. The only inftance adduced by the Coward for the profecution, was in Lord Coke's Cafes of Ift Edw. 111. - it was a conviction of a man for felling Corn in th e Sheaves. Corn, it is well known, is fold by meafure, Hops by weight; therefore the analogy in that cafe would not hold good. It had only been proved, with refpea to the Defendant's having faid that he was the greateft holder, that he had made put-- chafes to the amount of to,oool. and no more.— He trotted that the Court, in infliaiug punifhment, would ufe that moderation which the nature of the cafe required. Mr. Boni on the fame fi de, obferved, that the Seffions liceu fed: a kind of middle-man, who was called a Badger, whole province it was to purchafe the produce of all the farms, and without fuch a man the King's fleet at Torbay or Spithead could not be fupplied ; and if this law was carried into effea, it was impoffihle that they could be any longer fupplied, as it was wholly with the affiftance of thefe Engroffers. If the Defendant had com mitted a crime, it was of the moil venial nature, and called for the flighteft puriithment. By the authority of Mr. Serleant Hawkins, it was Dated, that I - lops is not a Vietual ; and that this was the opinion of the Twelve Judges. If Mr. Wadding ton had read this book of the 'Learned Serjeant's, and had acted from what he had thus reported, his 'error, for error it certainly was, ought to receive the compaffion of the Court. It required the depth of a politician to know what the laws meant, they were got into fo entangled a Rate. If a tyrant chore to watt laws, and they were fo illegible that it was impoiiible for any man to read them, was it reafonable to fuppefe, that a man offending againft thole laws, which he could neither read nor underfland, fhould he punifhed ? The Court was vetted with a difcretionary power, and he miffed that this unfortunate Gentleman would be entitled to their Lordfhips' confideration. Mr. WOOD, Mr. DAVNCEY, and Mr. CLIFFOILD, followed Mr. Bond.' Mr. CLIFFORD faid, that if the Court lhould be inclined to pals a puniffiment, he trulted they would not inflia a punifhment that lhould eventu ally induce the Houle of Lords to decide in the Defendant's favour. The Defendant had already Catered three months impriftmment, and the eta. cute only infliCted two months. Mr Clifford faid, he did not Date this to take away their Lordthips difcretjonary power, but that it might have fome effea on their Lorcilhips judgment in this cafe.— He would beg leave before he fat down to remind their Lordflups of Lord Bacon's opinion of the moral duty of P a Judge. He lays, " that in inflic ting punifhment for offences committed againft the penal laws, Judges fbould take efpecial care, that terror be not converted into rigour, and that they retirain from letting a fhower of fnares fall on the heads of the accafed perfon."• In thus re minding their Lordlhips, he knew that he was addrefllng prudent Judg-s, who could not let fall any {Lower, but that of melee. MY. WADDINGTON then addreffed the Court.— He faid, that if there was a rife in the price of Hops fix months hence, he bippoled that he fhould again be profecuted, although he had no dealings with that article ; and he Laid, it would be impoffible, even if their Lordfhips lhould fend him into a foreign land, to prevent a rife. There is a fcarcity, and it is owing to this circumilance alone that the price is high ; and it was hard, he Laid, to be.punifhed for an aa of the ALMIGHTY. Mr. Easel 17 I, fOr the piofecution, faid, that Mr. Law had confounded this cafe with that of Ruf by's. It was not no:celery to go to Lord Coke for inftances, as it had been found to be a crimi nal aft by the laws of all nations. As to what had been urged with refpeet to looking at the pil lar of tyrants for laws, it wan only 'loci:Wary to lookat that pillar which the ALMIGHTY had placed in every one's bruit. Mr. Waddington need but look at his own confcience, and that would tell him, that he did not live for himfelf alone. His aas ought to produce public h.ippinefs and con tent. There was no Judge es er did doubt but that this was a crime, and of& very ferious nature. No affidavit had been produced in mitigation of punithment. The Defendant had braved the mercy of the Court ; there was no munition thewn for the offence ; but he had choral to pals a panegyric on himfelt; and fay that be ii the pa tron of Britifit Commerce. It had been confldered by the Counfcl for the Defendant as a venial of fence; but he had no hefitation in tidying, that it jwas an offence of the molt immoral tendency.— I 1 Mr. Erfkine laid, he did not pray I'ur a s indidive jud ment, but fuch a one as the Law comids red he it i ought W dA re a ov c s eive: faid, that the Defendant had by his publications sow, Paid, thefe profecutions were com menced, gone about as it were with beat of drum, to tell a populous country, that public commerce was profecuted in him. The Court, he (aid, were bound to give a judgment that fhould tell the pub -Ik, that Mr. Waddington had done that which was highly injurious to Society. Mr. Goias faid, that though the imprifoament for this offence was only two months, he would wills Mr. Waddington to know, that the fine was double the amount of what he had been proved to have engroffed, and that this aft was an injury to the whole of the county in which the offence was committed. After all the arguments at the Bar were doled, The Logo CHILI' Jusries faid—" Let the De fendant be brought up on Wednefday next for judgment." ,lIIIRVARY 6..-.ADIARY O. RANDALL. Mr. Gates laid, this was an anion for goods I fold and delivered. The Defendant by his plea Paid, the Plaintiff was a native of the United Pro vinces who were at war with us, and that, confe quently being an dm tamp he could not main tain this Adion. To that plea the Plaintiff replied, that be was entitled to recover in confectuesce of the proviftons or the 35th Oen. 111. eap te. That aft pafkd when Great Britain and Holland were in amity, and it authorifcd the people clthis country to im port Diitcliproperty for th.Lbeneat of the Dutch themfelves, that tt might no! fall into the hands of the French. There goods were [hipped at Rot terdam, and were loft by capture. Italfo appeared that his Majetly had granted a licence for the Plaintiff to receive the motley for theft goods of the Defendant. The Counfel Laid, he was at a lots to conceive how that replication could be an anfwer to the plea. The Plaintiff was an an: ninny. The re plication fet forth feveral Ads of Parliament, the firft of which was the 35th of the prefent King, cap. 15. which was paired in confequence of the French coming into Holland ; and though Dutch property might be brought into this coun try, yet, afterwards, by the 37th of the King (the Dutch Prize Ad), that property became prize-- With regard to the licence, it did not give r. right to the PWntiff to fne ; it only authorifid the to pay over she .money. He really did no know how he was to argue it. Mr. Esrwasse, on the part of the Defendant, relied on two cafes, the one in Ld. Raymond, 282, and the other in Bufan9uet and Puller's Reports, 563. When the. Connie]. was (taxing the 35th Geo. 111. cap. is, Lord KENTON, obferved, that when that AR palled, we were then at peace with Holland. Mr. ESTTWAfft obferved, that there were feve ral Statutes palled after that, to continue that Aft of Parliametft, which coupled with the licence to receive that money conferred on this Foreigner a right to maintain an Aftion in an Englifh Court of lattice. Whatever the policy of that Ad of Parliament might be, it would be a fraud on Fo reigners to allow them to import goods into this country as a place of fafety, and afterwards to pre vent theta from bringing an Adion to recover their value. Lord KENYON-.-" Was there any aft continu ing the 35th Geo. 111. c. 15. after we were in a flare of making reprifals a. , 9 ainft Holland? Was . there any Aft to authonte trading in Holland ? The 35th Geo. 111. c. 15. was made for Ole bene fit of the inhabitants of Holland, that their pro perty might be brought over to this country, and be ; prevented from getting into the hands of ravagers." Mr. ESPINASSE affured the Court there were Ads which continued that Statute, and enumerat ed the following as of that defcription-37th Geo. e. 52 ; 38th Geo. 111. c. 9 ; 39th Geo. 111. 'C. la; 39th and acth Geo. lii. c. 17. Thele Ads cont hued the 35th Geo. 111. in general terms. Lord Kartron obferved to Mr. Giles, that per haps he was taken a little by furprife with regard to thefe Aft, of Parham- nt. Mr. Gizas Paid, he was not taken by furprife.— He contended that the 37th of Geo. 111. reciting the order of Reprifals. put an end to the 35th of the prefent King. Lord KEN YU a—c , Without fome fpeci.ll Terms, certainly, it did. Let it Ihtnd over that theft Aas of Parliament may he looked into. Ido nut chuf: to take a leap io the dark, 'Jut I do verily believe it will turnout to be as Mr. Giles has Rated." Mr. Gists admitted that there Aas con , . inued the powers of certain perfons called Comm iiiioners, who were appointed to manage that property.— But theft Aas did not authorde the importing of property fuhfequent to „that time, otherwife they would have deßroyed the Dutch Prize Aa. When bin Glass was about to addrefs the Court, on the part of the Defendant, Lord ICI faid. he thought it was unnecer fary for the Learned Counfel to give himfelf any, trouble on the fubjea, as it was to Band over for a fecond argument. TOL 4111 C v. MACH, rsg t On a former day a Rule was obtained by Mr. Eas lONE, ott the part of Lord Darnley, for the De. fendant, Mr. Robert Bligh, to thew caufe why a Criminal Information lhould not be filed againit him, for certain Libels on the noble Lord. To-day Mr. PEacIVAL on the part of the Defen dant, movectthe Court to enlarge that Rule. The rule had been very lately ferved upon him in Dub lin, and he had fent to have copies of the affidavits. It was Elated on the part of the profecution, that there was time to thew caufe this Term. Lord !Clorox raid he doubted that. The Nit could not go to Dublia in leis than four or five days, and u mild require as many to return. That would be ten days. and the Term would be over in :efs than a week; the Rule. therefore, mull be en larged till the meat Term. Mr. NILICIVAL Lid. he had no objeilion to the [ terms of filing the Affidavits.=Rule enlarged. POLICE. K A N s 10 v-Hou sr.—Yefterday atria Petah was brought before the LORD MAYOR, charged by Mr. Chriftian, a merchant in Broad-ftreet, with break ing open a defk in his counting-houfe, and (keeling from it bank-notes and cath to the amount of pl. Mr. Audley, a clerk and tails-keeper in that office, Paid, that the prifoner had accefs totbeir counting- honfe to copy letters occationally ; that he left the counting-houfe about three o'clock. and, upon his return, he found his de& broke open and rob bed of about 241. in one and two pound notes, five guineas in gold, and twenty (billings in (river, and daey had maim to (epee the pritoner.--Coz, the con Gable, Paid he (earthed the prifoner, but found no money upon him ; but obterved, after he was in cuftody, he made his efcape, but was purfued and taken.—The prifoner Paid, he was innocent of this charge. and being . a foreigner, he did not know what they were going to do with him, which astride him run away; that he lodged at No. to. Role and Crown-court, Moorfields.—Orders were trhen for th; contlable to go immediately and hi n s . apartment.—Committed for farther ez szninatio Several of the defperate gang of pickpockets, who have been arehended by die Patroles, under the direaion of Mr. Holdfwcnth, the City Matfhal, were again brought before the Loan ?Ciro'. mail - ....... rreet for farther examination. L. A! jai 71- ies .tb gut ie Ma at Tu he Eu rn- et, Tu Curl ;0, Dili tes oritl fro! ry, ro Nal :en Ira of :ry FhtF ter wif to lee froi td nat de. this the re. has red tit :crs Oci hey Poi :ry fhi tob has da, nch Lie off lad lain, Din s ound own ha- with lice, anu filk are lion, Dion cell The fiche -aids run- 'tin- curb are 0 ft.' [tins loch