Star. — London, England, 1802-02-27 00:00:00

DUTCH M. 411,. VII.IIS A, FM 30.-4'IIIIIIWAII OoLou has fent ' three deputies to Contlantinople, to conclude an amicable accommodation with the Porte. Six' thoufand Turkilh troops have formed a circle round ' Belgrade : PA prWall Oa Lou, at the tame time that he is negotiating with the Porte, has reinforced himfelf confider-ably. According to accounts from Con ftantinople, the brotherof Pa SWAN Oct Lou has bad feveralconferenos with the Turkilh Miniflers: 6000Turkilh troopshave been fent againti the ban ditti in Romelia. BR USSILS, Fri. 16.—Letters from Amiens (late, that betides the ordinary conferences between the French, Englifh, Spanifh, and Batavian Minifters Plenipotentiary, Marquis CORNWALLIS has had fe veral particular ones with the Chevalier d'Azza It A. We learn by the fame advices that the Englifh Col. GRAHAM is arrived at Amiens from Vienna, charged with very important difpatches for the Englifh Plenipotentiary. It is now confidently hoped that the negociations of the Congrefs ap. proach their conclufion, and that the Definitive Treaty will foon be figned. BANKS OF THS MAINS, FES. 13.-1 t has been remarked that neither in the accounts from Paris in the public papers, in the Report of the Com. )nittee of Thirty, in the (perch which the Firft Con ful made to the General Allimbly of the Confulta, nor in any authentic public document, the title of t Prefident of the Italia-1 Republic is to be found.— If, therefore, it fhould appear that the Firft Con ful has neither accepted the name nor the falary annexed by the Conflitution to the office, it may probably be fuppofed to be from regard to that ar ticle of the French Constitution, according to which any Frenchman who accepts a poft or fa lary from any foreign nation forfeits his rights of citizenfhip. The Cifalpine nation has only in general terms requefted the Firft Conful of the French Repub- 1 lic to take upon him the Government, till they can find a citizen capable of affuming the charge; and to this the Firft Conful has confented. Our Gazettes fay, that the Duke of OLDEN BURG has given in a remonffrance to the Court of Vienna, againff any feminization of the Bithopric of Lubec, and demanded that in fuch a cafe the Bilhopric Should be incorporated with his duchy. MILAN, Fes. s.—Yellerday evening the Gene ral in Chief, MURAT, arrived here from Lyons. By command of the FIRST CONSUL., no military officers are to have free quarters here, except Ge neral MURAT, and four other Generals. On the a4th of January the Charge d'Affaires from our Republic to his ETRURIAN MAJESTY had his audi ence of entrance. On the 26th of January the Marquis de GALLO arrived at Parma on bis way to Paris. Our Government has fent t 4,000 louis d'ors to Lyons to be diftributed among the Deputies whole circumilances are not fuited to their expences. It is reported that General LEOPOLD BEIT HIER has received orders to march to Rome, take pollif. lion of it, ana declare it the capital of the Italian Republic. Malta, it is faid, is to be the reildence of the Port. The truth of this report, however, cannot be warranted. FRANCE. PARIS, FEBRUARY 20. The Gazette of Florence, No. to, inferted a pretended decree, raid to be extrafted from the deliberations of the Confuls of the French Re public, which fixes at Trebia the limits between the Cifalpine Republic and Piedmont : we do not know where the Editor found that piece infected this morning in a Paris Journal: fuck a decree never exifted, and we are authorized to afiert, that it is an abfolute forgery.—yournal dr, Drfas- Aar: do la Pamir. FEIRVARY 22. A letter from Martinico, dated January 2, Rates, that the Nand of Tobago had been in great danger from an infurreflion of the nc es in that colony. Their plan was to nrittacre th e ) whites, and Chrifimas day was the time fixed for carrying this horrid plot into execution. Fortunately, it was difcovered in time by a planter, who furprifed two of the flares, while converting on the objet of their intended enterprize. The letter, contain ing there details, add., that the Chiefs of this con (piracy were arrelled, condemned, and executed. A letter from Breit, dated February 16th, rays, " It was by miliake we announced that General Dssauasoux was to command the new expedi• Con defiined for Guadaloupe. This Gegeral will fet out immediately in the Tourville, wßich will join the Rotarian divition, and the !hip Zele, forming the fecond expedition for St. Domingo, and of which he is to have the command." If tome of the German Journals can be credited, the PRINCI Of 01•110111 propofcs to reign his rights in favour of his eldeft fon. It is probably on this account, that the Hereditary Prince means to pay a vifit to Paris. The loft letters from Vienna mention, that Ci tizen V• DaDEIP4 TOTOIN GELDER, gIl niller of the Batavi.tn Republic at the Ottoman Porte, is returned from Bucharell to Conflontinople, in order to renew the former good underfianding be tween the two countries. FROM THE PARIS PAPERS. FROATTIFIRS or RUSSIA, JAN. 26.—The Com miltons ellablithcd at Riga and Archangel, for I.quidating the debts due to the Englifh and Rid .n merchants, have terminated their operations, ard fubinitted the :dolt to the College of Com- IIAMsVR(sH,F s. z.—The Courts of Vienna, Peteriburgh, and Berlin, have anfwered the Mini fltrial Notes, in which the Houfe of Brunfwick Luneburg alferts its claim to Hildelheim, Oliva hrtick, and Corvey. Though thefe anfwery dif f.r from each other, it is, however, raid, that they 're fatisfaftory for his BRITAIINSC MAJIISTY, as r:!eitor of Hanover. The French Government F.,s. a: is believed, ',tweed with his MINIESTY On ,At•pott.. VMS**, Faa. 7..—According to letters from, the Bannat, that country, and other frontiers of Turkey in the neighbourhood, fuller greatly from inundations. The Mock of an earthquake felt at Triefle, and on all that coaft, was felt alto in t! , e Bannat and in Turkey. We are informed from Semlin, that while the Janniffares quit Bel grade in fucceffion, the molt determined are mak ing every preparation for oppofing a vigorous refiftance to the troops commanded by lireaat. Bay, who is advancing againft that fortrefs. FaaNcuoar, Fee. 54.—1 f letters from Cuff rube are to be credited, intelligence of the moil favourable kind for the Houfe of Paden has been received from Paris. It will not only be indem nified for all the loffes it may have fuftained by the ceflion on the left bank, but will receive, betides, extenfive domains, taken from the Ecclellaftical States fecularifed ; and this, it is faid, in virtue of an article in the fecret treaty concluded with France on the xoth of Auguft, 1796. Hitherto it has been confidered as certain, that in the affair of the in demnities it will be laid down as a principle, that all the States of the Empire Ihall be indemnified ac cording to their lofTes. No exception can be made but in favour of Tome of the great powers of Ger many in the fccret articles, and confequently lit tle known : private treaties are not yet confidered as fufficient to make us believe in an infraction fo confiderable. It is now hoped, that the bufinefs of the in demnities is about to airtime a more decifive pro grefs. M. de Hun el. has announced his fpeedy arrival at Ratilbon, as Imperial Plenipotentiary : he will at alai as Prefident of the Deputation: he ' will have a different charader from that dif played at Ratilbon by the Emperor's Plenipo tentiary; his (nations will be like thofe of the old' Imperial Commillioners, during their vifits to the' Imperial Chamber: there will, therefore, neceffa rily, be an-uniformity in the powers entrusted to M. de Hoc ss, and thofe which will be received by his fub-delegate M. D. &II RANT, whereas, at the period of the Congrefs of Raftadt, the Pleni• potentiary received his 'nitrations from the Chan cery of State, which often placed them in oppo fition. The Court of Berlin, by its reprefentations, has obviated this inconvenience. What Rill con firms the fpeedy convocation of the Deputation of the Empire is, that the Arckduke has charged the Deputy of the Teutonic Order to prepare proper lodgings for the Reprefentative of that Prince, who is to be fent to that affembly. PARLI4M,ENTARr PROCEEDINGS. HOUSE OF LORDS, FRIDAY, FEB. 2& The Appeal from the Court of Selma, Folio. Patterfom came on for beaming; when Mr. NOLAN and Mr. ALFEANDER Were heard for the Ap pellant, and Mr. ADAM and another GentOnan of the Bar on behalf of the Rdpoodent. After which. The LORD CHANCELLOR propofrd to affirm the Interlocutors, and order the Appellants to pay mod. cofts.--Ordered. Lord Nut AM preented feveral papers relative to the Civil Lift.—Ordered to he on the Table. His Lordfhip then moved that the coufideratioo of his Majefly's mate on the affairs of the Civil Lift, which Rood for Monday next, be poftpooed to Monday fennight. and that their Lordthips be funinsmsed for that day.—Ordered. MAWS 0, ARCOT. Earl Morita rote, and Paid that previous to their Lordthips proceeding to the order of the day, he begged leave to put a queftion to his Majefly's Mi- Miler relative to a fubjeet which had very much interetled himfelf ; and he believed great num bers of the public abb. He had no doubt from the well known politenefs of the Noble Lord op. polite to him, that he would readily anfwer any quenions that he might put to him on that head in private; but he felt it his duty on the prefent oc cation to put the queftion publicly, becaufe he was convinced, that the anfwer being equally public, might tend to remove from the minds of many per. Eons very uncafy fenfations. He meant to allude, his Lord(hip faid, to a very important meafure which had taken place in th e Eaft-Indics, the de. pofition of the fon of the Nabob of Arcot; this ilep was certainly an infringement of two exifting treaties between his father and this country ; and, as the faith of this country was a pledge of the bi •htll confequence, was, in his opinion, a fubjeet of the moil ferious confideration. His Lord(hip jilegged it to be nuclei-flood, that he did not mean to call the flighteft or moll dillant imputation on his Majefty's Minifters; that nothing had on this fubjeO as yet tranfpiredfrom them ; it was equally as far from his intention to throw any mbar:lament in the way of Minifters, nor would he prefs any thing on it at prefent ; he only begged the Noble Lord would inform the Houle whether the fubjel was under the confideration of his Majefty's Minifters, and whether any thing would be brought forward on it ? Lord Hosea'. raid, that he could have no ob jetaion to giving the Noble Lord every information in his power to the extent his Lordfhip had requir ed.—He coincided in opinion with the Noble Lord that the fubjea was of the higheft importance, and be could a llure the Noble Lord and the Houfe, that no determination would be come to upon it, but on the moll ferious and mature deliberation and invefligation. He could not, however, fit down without obferving to the Noble Lord and the Houfe, that the moil ferious part of that confide. ration would be due to the point mentioned by the Noble Lord, as to the measure being an infringe ment of any at - the treaties exi Ring with this country. For his own part, he differed altogether with the Noble Lord on this point, and thought it no in fraCtion of any treaty whatever. Earl Moue profeffed himfelf fatisfied with what had been Rated by the Noble Lord. MOM-RESIDBPIT CLFPGY. The Duke of NOR FOL K role and aid, that in the conrfe of Lift felSon a bill had paired the two Houle, to grant relief to certain perfons, ecclefi attics. relative to non rctidence in their refpeetiv.. males. That fuch bill would expire on the 25th March. He begged therefore to know, eat) from the Chair, or from any of the Learned and Reverend Bench oppolite to him, whether an) meafure was in contemplation, and meant to be 'nought forward, either to continue that Al, of to grant relief in an, other modo that might be .bought advifable ? The Whop of DI A mem informed the Noble Duke that the fubjea was under confideration of perfnns highly intereiled in it, and that it would be brought forward with every poffible degree of fpeed that its nature and importance would ad mit of. The Duke of NORFOLK faid the Adt would ex pire on the nth ofMarch, and unlefs the Reverend Bilhop or fomc other perfon attended to bring for ward a bill to continue it, he thould think it his duty, mitt as he was for it, to bring in a bill him felf. The Bifhop of ROCHESTER affured the N9ble Duke that the meafore would be brought forOl•ard as fpeedily as pollible, but that Ihould the ACt be fuffered to expire, no proceedings could be had fo as fur conviCtions to take place before the long vacation, which would not expire till November next, and in the mean time there could be no doubt but that effeetual meafures would be adopted to remedy the grievances in queftion. HOARE'S PETITION FOR A DIVORCE. The Petition that had been prefented, for leave to bring in a Bill to divorce him a vincub matrinsonii was read diftinaly throughout. The Bilhop of Roc it tma then rote and obferv. ed, that although there was no Standing Order of the Houfe againfl the receiving a Petition like that juff read, which was defa tive in allegation, as it contained no allegation of the proceeding in the Courts below, yet that the invariable ufage of the Houle was not to receive or entertain any petition which was defeaive in that particular. This, therefore, as far as he could underfiand, was the Grit initance of fuels a petition having been pre ftnted. It was well known that proceedings had taken place in the Court of Common Law; that an aaion for damages had been brought and tried in the Court of King's Bench; that a verdia had been given againft the Plaintiff; that in order to recontidcr the tr.!. its of the cafe a new trial had been granted, and a verdia been a fecond time given for the Defendant. It behoved the Houfc to look to their invariable ufage, and to recollea, that for the fake of guarding themfelves from er ror. it was their praaice to exited that in every petition for a Bill of Divorce, there fhould be Rated, that the Petitioner had obtained a Divorce from bed and board, in the Ecelefiaftical Court, and alfo a Verdi& of a Jury for damages in a Tem poral Court. In the prefent cafe no filch allega tion as :hat of the Verdi& of a Jury for damages againit the adulterer had been Rated, and the faa was, that the Jury had in two feveral iIIitAIICCS given a verdiB for the Defendant. His Lordfhip reafoned upon thefe fads with great firength and energy, and raid, he was fatisfied that, in the face of two verdias of a Jury, their Lordthips ought not to entertain Leh a Petition, and, therefore, he moved that the Petition he rejefted. Lord AxyassEy took the opportunity to exprefs his regret at the frequent occafions which, efpe cially of late, took place for applications to that Houfe, in thefe kind of matters. He thought their Lordflups fhould ufe every parible ban ier to pre ferve the fafety and purity of their proceedings. Of thefe already in exiftence, the principal were, the two points required on the part of Petitioners from the Courts below—namely, the favourable decifion of the Ecclefiaffical Court, and a verdia in a Court of Common Law. Thefe were the two mot powerful checks upon collufion. In addition, he thought fome general rules fhould be adopted by ' their Lordfhips, for the fafety of their proceedings. With refpea to the prefent cafe, in addition to what had been fo ably urged brake Rev. Prelate, they had the authority of his Learned Friend on i the Woolfack, that it was the fief inflance of a cafe where two fucceflive verdi&s had been given againit the Petitioner; he would, therefore, on the general grounds he ha d Rated, fupport the Motion of the Reverend Prelate. Tim Duke of CLARENC6 begged to enquire of the Noble Lords oppofite to him, whether there was not a fecond Petition upon the Paper from the Petitioner? The LORD CHANCELLOR quitted the Woolfack, and expreffed his with to fay a few words on the prefent occafion. He had, he obferved, in the in- Rance of the former Petition and Bill, felt it his duty to call the attention of the Houfe to the ell-. cumftance of there being no .allegation therein re fpeaing the proceedings of the Courts of Welimin fter Hall, which, aided by the opinion delivered by his Learned and Noble Friend on the occafion, induced the Houfe to poftpone the further confi deration of the cafe, in order to afford the Peti tioner an opportunity to prefent another more con formable to the rules of the Houfe, in which the real Efate of the cafe, and alio the grounds upon which the Petitioner thought himfelf entitled to the interpolition of the Legiflature in his behalf, fhould be let forth ; this he had accordingly done, and which fecond Petition had been conlidered, in the firft inflance, on that day fe'nnighr. In anfwer to what fell from the Royal Duke, his Lordfhip ob ferved, that yefterday, and not before, a fecond Petition had been prefented, the object of which was, for leave for the Petitioner to be heard by his Counfel. On this Petition no motion whatever was made—it was ordered to lie on the Table ; nor was there even now any motion before the Houfe refpeaing it. In obferving upon the motion of the Reverend Prelate, he teemed to with to con fine himfelf to general principles, and not to refer to the particular cafe, in which, whilvarguing upon the queftion, he would even fuppofe that the whole tenor of the Petitioner's conduit proceeded from error, and that he was unfortunatiin not obtain ing the verdicts But even in there - viips of the queftion, he mull advert to the confideratinfi, that there trifled no precedent for a Bill proceeding upon fuch a Petition as that before the Houfe.— Were fuch a Bill to be entertained, there could not, in his opinion. be a more dangerous precedent eftablifhed, with a reference not only to the fafety of their Lordfhips' proceedings, but on the genera! ground of the morals of the public, as conflated with the important confideration of divorce. His Lordfhip then adverted to the two great points re quired on the part of the Courts below, in order to qualify Petitioners for applying to the Legifla ture for redrefs, namely, the divorce a Norio et thoro from the Ecclellattical Court, and a decifion of a Court of Law, that the party was entitled to re cover damages. Thefe were the modes of redrefs prefented to the Petitioner by the existing law, and which it was required he (hould avail himielf of, before he could, with propriety, come for the fpe cial interpofition of the .Legillature in his behalf, which was in fad a partial interpofition, beyond the general law of the land. The cafe before the Houle, in the prefent intlance, was deft:Clive in one of thole material points, and the cffed of entertain ing a Bill founded thereon, would be, placing the Houle in a tituation of reviewing the proceedings of the Courts of Law. In this part of his addrefs the Noble and Learned Lord argued the qucflion with seat ability, and in various points of view, with a reference to the dangerous precedent which the paif ing of the required Bill would eflablifit ; and on thefe grounds colledively, he was inclined to fop port the motion. In addition to thefe ohjations, the particular circumtlar , es of the prefent cafe, which he confidcred as `store exceptionable than 1. even thole where judgment had been fuffered to go by defaujt,were to be taken into confideration; and thefe particular heads his Lordthip argued with great ability, and at confiderahle length.—To a certain extent his obfervations were repetitions of what he had previoufly advanced on the fame fub jed ; and in concluding he cautioned their Lord- j (hips againft entertaining a Bill, one of the perni. cious cffeds of which, among thefe various ones he had already adverted to, w , ould be that of en- 1, I abling any Lady, who may unfortunately be fo I ditpofed, to tranflate herfelf, under circumfiances the molt reprehenfible in every point of view, from , 1 one family into another, in the character of a wife. He was fully aware, that the rigid adherence, which the falety of their Lordfhips' proceedings required, and which the interefts of the public mo. rats loudly called for, may occafionally, and in fume circum fiances, operate as an individual hard ship : but this was a confideration of a partial and unavoidable grievance, which fhoultinot for a mo ' ment be differ ed to (land oppofed to the great and gervral kite; eft; of public morals and vi rt u e . Lord T. K Low went pretty much at length in to. the circtuntlances of the cafe. He Paid that it was to be conlideted that the depofitions in the Ec clefiatlical Court were all given in writing, where. as in a trial in a Court of Common Law all the evidence was delivered viva voce, and the witneffes were fubjefted to crofs-examination, It therefore frequently happened, that upon crofs examination j of witneffes viva wore, a cafe came out far different from that which had been prefented to the Eccle fiallical Court, and confequently the proceeding in a Court of Common Law on an aftion for da mages againft an adulterer was, if any thing, of greater importance as a fafegnard to their Lord (hips in their proceedings, in a cafe of Petition for a Bill of Div. ree, than even what had pallid in the Ecclefluft cal Court. His Lordtbip Paid, he concurred in the fentehce given in Dodors' Com mons, and he Paid to exprefsly, becaufe he could go no further; and even on perufal of the docu. ments that ft ited the proceedings there, he found abundant circumftances to have induced the Judge to pure before he paired fentence ; but fill he thought the Divorce a nretyit et there well warranted. His Lordfbip went into tome of the evidence given in the Court, and animadverted upon it at force length. With regard to there being no Standing Order of the Houfe to . refrain their Lordfhips from receiving a petition that was fo far defedive, as not to contain an allegation of the petitioner having obtained 4 verdift for damages againft the adulterer, his Lordthip reminded the Houfe, that they had not only the invariable nfage of the Hoof:, and the crdinary cond.: of their proceed ings, at war with the idea of entertaining the pre fent petition, but that whenever any peculiar cit. crunttance came out in the evidence given at their Bar, which, notwithltanding that it did not Co far affeet the right of the petitioner to receive the relief he prayed for, yet was out of the common cou fe of proceeding as to be a novelty, it was al ways cxprefsly noti:ed in the Bill, and the reafon affigned that acconated for it, and therefore filch an e‘planatiou Rated in a Bill followed up by en• adin3 chutes, in compliance with the Petitioner's prayer in his petition, was of' itfelf tantamount to any Stan ling Order of the Houle, and cxprefsly manit'efte that the Houfe had a fettled mode of proceeding in cafes of Divorce Bills from which they never departed but on very flrong, extraordi nary, and fpecific grounds. His Lordthip added a variety of other obfervations illuftrative of his gen rat argument, and though he lamented and c sup itlionated the cafe of the diftreffed and unfor tuna e petitioner, concluded with declaring that he c u el not but agree with the noble and learned Lords in thinking that the Houfe ought not to en. test ; n fuch a petition. Ti.e Duke of CLARENCE explained that one of the eaufes of having fo earnefly alluded bathe Cm cond Petition, was under the idea that his Noble and Learned Friend might not probably be aware that fuch a document exited. In reference to the question in debate, his Roial Highnefs teemed to fay, it might be proper for their Lordlhips to con. ' fieher h iw far the circuit It ince of refuting to enter tain the Bill, may noa go to veft in a jury the ul timate decition upon that, which it was the privi lege of their Lordfhips to determine upon The Bithop of ROCHESTER in explanation oh ferved, that he was nut aware, until very recently, that a fecond Pritiun was on the Table, but which ' he learned, from autho' ity, had not been preferred before yefterday evening. With refpet to this, it was competent to a. , y Peer to offer what motion lie thought proper, but no proceeding whatever of that kind lie un ler flood had taken place. Lord Borrow fait! he had too high a refpeft for the opinion and judgment of die noble and learn ed Lords who had delivered their opinions, to at pt to &led to their arguments, or to dillent rum the decifion that appeared likely to be um , verfally affented to by the Houle. He role merely obferve, that every noble Lord who had fpoken had mentioned the Petitioner with compaffion, as ;t very unfortunate man, although, from the edit bided rules and forms of the Houfe, they had it not in their power to afford him the relief he pray ed for. His with was to fecond their feelings in the Petitioner's behalf—feelings which did them