Star. — London, England, 1802-07-03 00:00:00

NAUTICAL INTZLLICENCE. MAILS THIS DAY.-WIND S. W. mut. daimon. • Dublin, I Waterford, • liareiburgh, I Dutch FALMOUTH, JUNE jo. Sailed this evening the PRINCE or Watt s packet, Captain TODD, with the Mail of the 22d inflant, for Lifbon ; and his Majctly's 114 Rosat to, of t 8 guns, on a cruize againtl fmug ;lers.—Arrived this day the American 'hip John Morgan, Captain CHEW, in 30 days from Ncw York, with flour and Wheat for orders ; alfo the American (hip Eliza beth, Capt. THOMAS WILCOCKS, from New York, after a palTage of 26 Jays, for orders, with flour, pepper, &c. P. S. 'Me wind being now favourable, the Witt.- SINCIIAM packet may be expeCted to arrive with the Mails to-morrow. PORTSMOUTH, JULY 2. This day arrived the following men of war from the Mediterranean, and arc under quarantine, viz.' the DREADNOUGHT, of 98 guns, Capt. Vesmos ; la Ploys, of 40 guns, Capt. Youmc SOLEBAY ; of 32 guns, Capt. DUNDA3 ; and the ftscuots, of 28 guns, Capt. RATH DOR NI. His Majefty's (hip Tsiurart. is hourly expzaed. Arrived the Phoenix, Dotioies, from Jamaica, bound to London; the Dragon, TuLLOCK, from South Georgia, with the lots of her rudder three days fince, bound to London : (he left at Sr. He lena, on the t ith of May, the Marquis of Ely, bound to the Earl Indies ; the Royal Admiral left St. Helena, on the 9th of May, for Ireland; and the Diana (whaler) left St. Helena, in company with the Dragon, but was left at Afcention Ifland, and was expeaed to fail the next day ; arrived alto the Friendihip, OAR ; from London ; and the Ant (hoop), &AVERS ; with pairengers and bag gage from the Phcenix. Sailed the Zephyr, ELLEIST. for Peteriburgh. SHEERNESS, JULY s. Arrived the Locust. and FIRRITER gun-veffels, and FURY bomb; the latter has failed up the Thames.—Sailed the Woolwich florefhip for Portf mouth ; the Di 1. to LNCE (loop for Chatham; the Ceuta's. brig for Yarmouth ; and Jacaat.t. gun veffel one cruise.—The Phoebe has been undocked. .Wind W. blows hard. YARMOUTH, JULY s. Arrived this morning from a cruife the Amazow liigate, And LYN: !loop ; alio the Cantata gun brig, from Sheernefs, where the had been paid fix Months wages. No Packets have yet arrived, but the wind blowing frelh at S. W. they Are hourly expefted. FROM LLOYD'. LIST. DICA L, JULY a......A !rived the Royal Admiral, Wnaos, from China. Wind S. S. W. GRAVLSEND, JULY 2.—Paged by, the St. Vineents, Joule son, from St. Vincent's ; Adventure, —, from Limerick; Rak, Nicuossom ; and Symmetry, from Grenada; Oak, AMRRY, from Dort; Lady Jane Halliday, Ross, from Montferratt ; Regulus, R enro a, from Demerara ; Char lotte, GAMMON, from Dominique; Nonpareil, —, from Martinique; Wilding, S , from Trinidad; Mary, DA• RrIDSON, from Weft Horida ; Martha, —; and ffidefatiga ble, from Jamaica.—a Sailed the Con. BRUTON, for Ja maica; Jane, SM I f 11, for Rouen; and Twe GaZ04414 GA R• SIN, for Dcippe. ARRIVED At New Orleans.—Ohio, Lark, from Liverpool. At Bofton—Margaret, Cobb, from Liverpool. At Baltimore—Six Sifters, Gordon, from Liverpool At Halifax—Eliza, —, from Liverpool. In the ])owns--Wilding, Sparks, from Trinidad , Marga ret, Grant, from Honduras; Symmetry, Heatley, from Gre nada; Alexander, Wood, from Jamaica; Mary, Davidfon, tram Penfacola ; Induftry, Hall ; and Margaret, Morris, from Barbadoes. At Portfmouth—James and Rcbecca,Rochetter, from Hon duras; and Jupiter, Ewing, from Oporto. Off the Inc of Wight--. Fanny, --, from New York. Off Lailbourtir—Amelia (la:e Wa•fon), from Tolman. At Falmouth—Rohert, Willing, from Baltimore; and For tuna, Angell, from Virginia. At Clyde—Ann, Cockran, from New York; and Maria, Graham, from Barbadoca. At Liverpool—New York, Seward, from New Orleans: In dia, Hathway, from Philadelphia • Elizabeth, Stephens, from Law ; Live Oak, Dyer ; and Bct:fey, Eaffett, from ISlaffachu fees. At Belfaft—St. Patrick, Camybell, from London. At jamauca--Actreat, Shaw; and Dorothy, Earflap from London. At Lilbon—Surprize, Pierfon, from London; Concord, Privet, from Cork; Induftry, Hearne, from Waterford, Wil liam, Caithacfs, from Dundee; Hawke, Bacon, front Plymouth, Arturiea ; David, Wilton, from Newfoundland; Guftavus Adolphus, —, from Virginia; Eliza,—,from Liverpool Mary, O'Brien, front New York ; jt !Ferro'', Bartlett ; Ranger, Harris; and Experiment, Moore, from Philadelphia; Eliza beth, Eve; and Johannes, Schist, from Hamburgh. At Oporto—Hannah, Gavin, from London. At Barbadocs--Edward Foote, —, from London; and Harrittt, Salm, from Newfoundland. At Tobago.—Jenney, Kerr, from Clyde. At St. Kitt',--Ilsbella, King; and Penelope, Hall, from Clyde. At sa2ehee—Nanny, Bain, from London. At Lrglsofm—Ructsoefe, Langley, from London. At Gibraltar—Dover. Crawford, from London. At NcwfoundlaAd--Union, AID; and George, from ?colc At St. Vincent's, °corm Blair, from London. Captain TORRAS, of the Dolphin, from Gibral tlr, in the River, fpoke the Experiment, bound to Bilboa, on or about the 18th of June, off Dunge tic ; all well. The Perfeveranee, HENDERSON, from Gotten biirgh to Colerain, is on (bore in Colerain river, and it is feared will be la. The Thv vitae •Irtra thin tlk. 1 ne ph. LA, thifriittanrct. COCKPIT. WHITEHALL, FRIDAY, JULY s. Before the Molt Noble and Right Hon. the Lords Commillionera of Appeal► in Prize Catifes. AN A►PAL FROM THE HIGH COURT or ADMIRALTY. The Maria, -- Paulfon, maller.—This day their Lordthips met at two o'clock, agreeable to iiimmon s , and gave judgment in the above im portant cattle, in favour of the captors, bv afsrm• ing the fentence of the Court below.—This deci sion determines the fate of the firit Ss% ediffi Convoy that were laden with various naval flores, and which were captured when tinder convoy of a S we difh frigate, by a fquadron of Britifh (hips, under the command of Capt. Lawford. HIGH COURT OF ADMIRALTY, JUNE 30. This day the Right Hon. Sir Wm. SCOTT, pro ceeded to the adjudication of the following caufes : Twe Gebroeders, Roelfs, maser.—This was a vetfel failing under Pruffian colours, bound on a voyage from Jampol to London, when the WAS captured on the 26th of June, ISoi, by his Majetly's (hip Weazle, Wm. Durban, Efq. Com• mander, and brought into Jerfey. The cafe before the Court was with refpea to the cargo, which was claimed as belonging to an American citizen ; but it was fubmitted on the part of the captors that the claimant was a native Frenchman, and that the nature of the tranfaeion, from the evidence pro duced, was fuel', that it was impotlible for him to retain an American chara&er. The Court was of opinion, that if it had been a fincere tranfaetion, it mull have been in the power of the Claimant to have brought fuch proof as would have fatisfied it as to the juftnefs of the claim, and therefore condemned the cargo. 'l'h- John, Wyer mafter.—ln this cafe there was a claim for the remaining part of the cargo, confifting of 2 3 hogfheads of tobacco, but the further proof being uniatisfaaory, the Court condemned the fame. PREROGATIVE COURT, Docroa's Couiowi. R•T►.NCAMP V. NICHOLLS. Before the Right Hon. Sir WILLI AM WYNNE. This was a quettion refpeding the validity of the Will of Mrs. Ann Nicholls, deceafed. . It appeared that the deceafed had been for a confiderable time in a deep decline, and was there fore advifed by her phyfician to take a voyage to the Ifland of Madeira, as the only profpeet left of her recovery, which the accordngly did, attended by her hilfband and mother; that during the voyage the will in queftion was made, the deceafed having a power referved tinder the marriage-fettltment, in cafe the had no children, to difpore of the fortune fhe received from her father on the day of marriage, notwitiftanding her hufband was living, and the contents of the will were, that it gave to her huf baad the intereft of this property (which was in the Bank of America) for 'ilk life, but that, after his death, it was to revert back to her father. It farther appeared, that the teftatrix died with in feven or eight days after her arrival at the Ifland of Madeira, and that this paper was now oppofed by the hatband, who by his Counfel contended, in the firft place, that the Court had no jurifdiaion in this cafe, inafmuch as the property was in the bank of a foreign country: in the next place, that the will was not proved by two creditable witnelfes, as there were many material contratliftions tobe found in the teftimony of the two fubfcribing witneffes ; and, laftly, that it was a will obtained from the de ceafed by the undue influence of the mother, at a time when the hufband was not prefent. The Court was clearly of opinion, that none of thofe objettions were well founded, and, therefore, pronounced for the will. COURT OF COMMON PLEAS, JULY s. The prize cafe between Lord St. Vincent and Lord Nelfon was argued on the fpeeial verdia of a Jury, fubjea to the opinion of the Court. The property litigated is the Admiral's share of the vefftls taken by the Alcmene, Capt. Digby, now in the hands of the prize agents, to abide the deci lion of the law. On the part of the plaintiff, Lord St. Vincent, it was contended, that having left his Ration animo revertea4 and no other perfon being commander in his place, and Capt. Digby having gone in fearch of the captured veffels, by his ex. profs orders, he was entitled, though at the time of the capture he was at Bath, by permiffion of the Admiralty. On the other fide it was contended, that Lord St. Vincent, having left an Admiral on the Ration, had abdicated his command. The King's procla mation, relative to prizemoney, iffued at the com mencement of the war, was cited on both fides. Tue Court referved its opinion on the arguments. COURT OF KING'S BENCH, JULY s. WATERNOVSE V. 111N0. This was a fpecial cafe referved for the opinion of the Court. The plaintiff was fecond Captain of the (hip Reliance, appointed on the fervice for Botany Bay. The firß Officer of the (hip was Capt. Hunter. The plaintiff was fecond in corn. mand, and he was appointed to this office of Se cond Captain, or Second in Command, by the Lords of the Admiralty. While this (hip was at Plymouth, the Dutch fleet there was detained by order of Government, and was afterwards con demned as prize, upon the breaking out of WU- Lacs between this country and Holland : and this Ihip, being part of Admiral King's fleet, which was at Plymouth when the Dutch fleet was de tained, the (hip's Officers, &c. became entitled to their (hare of prize-money in the proportion Rated by his Majeßy's Proclamation: but it was con tended, that this plaintiff, Capt. \Cita houfe, being Second in Command to another Officer, who was the Captain, he could not be held to he a Captain of that (hip, inafmuch as that the Lords of the Admiralty had no power to make this appoint ment of Second Captain, without fubmitung it ezprefsly, to the approbation of his Majeity in Council, and that for want of that fubmiflion and approbation, this appointment was void. Captain Waterhoufe brought his anion for the recovery of I• to the opinion of the Court upon this cafe, upon the conitruaion of all the orders in Council, Pro clammlons, &c. made in this behalf from the year 1730, down to that of t 786, when the Botany Bay Settlement had tranfports fent to it, and on ac count of which fervice, this appointment, by the Lords of the Admiralty, took place. The cAfe was this day argned very ably, by Mr. Bee-roN, for the plaintiff, and Mr. GAZELY, for the defendant. The former of thefe Learned Gentlemen contended, that the plaintiff was ap pointed by the Lords of the Admiralty as Cap tain, who were duly empowered by the King for that purpofe. That he was Captain, therefore, in rank, in Ration, in duty, liable to all the pro vifions of a Court-Martial, punithed under the authority of Martial-Law, fok mifeonduCt, in the eh:trader of Captain ; that he was fo muttered upon the books • that he was, and mu ff be taken to be Captain el faao, if not de jure; that he was both ; but it would be enough for him to be either, in order to become entitled - to his fltare of prize money in this cafe, under his Majefty's Proclama tion, and that therefore he was entitled to the judgment of the Court. It was contended by the other of thefe Learned Gentlemen, that although this plaintiff was on board in the rank of a Second Captain, appointed by the Lords Commiffioners of the Admiralty, yet, that, as this appointment was never fubmit ted to his MAjeffy in Coned, nor had received the Royal Approbation, it was null and void ; and this was contended under the authority of Captain Lumley's cafe, when the contett was between him and Captain Sutton : that even by the plaintiff's own confedion, in this cafe, it appeared, that whatever rights he might have, as Commander, in the ab fence of Captain Hunter, he had no authority, as Captain, while Captain Hunter was on board; that then, he was a mere affiltant of Mr. Hunter. That whatever his Ration was. he was not a Cap tain of the (hip in queftion. That, in (hors, on the ground that the Lords of the Admiralty had no power to make this increafe to the ellablifh ment of the Navy, without the authority of the Crown—that even if he was to be confidered as Captain, in tome fenfe of that title, he did not come within the defcription of Captain, that was entitled to a (hare as fuch of the prize money, in this cafe, under the Royal Proclamation, &c. Lord ELLIINBOROUGH having been Counfel in the caufe, took no (bare in the judgment of the Court. Mr. Jußice Laweawca (aid s that, upon this oceafion, two queßions arofe :—The firft was, whether or not the plaintiff's appointment was fufficient to the office of Second Captain of this Ihip, the Reliance ? The next quellion was, fup poting him to be fo regularly appointed, whether, under the King's Proclamation, he was entitled to a (hare of the prize•money in this cafe ? Upon the firs of thefe quellions, as to the power of the Lords of the Admiralty to make this ap pointment, the Learned Judge obferved, that the Letters Patent, under the Great Seal, fpecifying the powers of the Lords of the Admiralty, were not before the Court : but he underßood their power in general to be that of providing for the Navy of this kingdom, for which purpae it was neceffary to equip !hips, appoint Officers to com mand crews in adion, &c. fubjed to the general diredion of the Crown : that their power was di redive, and that of the Crown diredory : that, in confequence of this power, the Lords of the Ad miralty had appointed the plaintiff Second Cap tain, or Second in Command, of this (hip, as they might do for that or any other (hi p in the Navy, as might appear to them neceffary for the exigency of the public fervice. The next quellion ( fuppofing the firft to be decided in the plaintiff's favour) Would be, whether he would be entitled, under the Proclamation, to come in for his !hare of the prize-money ? It was argued, that the plaintiff, Captain Wa terhoufe, had no command, but in the abfence of Captain Hunter; now, on looking at his Commit lion, it would appear that this argument was not founded. It gave the plaintiff the rank of Second Captain, or Second Commander, and then it went on to Rate, " That in the abfence of the principal Commander, the plaintiff was to at as the tole Commander. That, in the pretence of the Fa Commander, he was to be fubjea to his diredion," fo that he was not a mere affillant of the Com mander of the (hip, but in his abfence, he was to become the abfolute Commander of it himfell: it appeared by his Commiffion, that Captain Water houfe had powers without reference to thofe of Captain Hunter, for the Commiffioners, in the language of the Commiffion, Paid, " We appoint you Second Commander of the Reliance, defire you to go on board and take the fecond command of her accordingly ; " and then, without laying any thing of the pretence or the abfence of the Ftra Commander, the Commiffion goes on to defcribe the duty of the fecond Commander, as known to thofe who thould be required to obey him. Be tides all this, Captain Waterhoufe had alto his number of fervants to obey him in the Rile of a Captain, together with the other diftindions and advantages that were incident to fuch Ration, and thefe he was to have, whether Captain Hunter was on board or abfent. This cafe had been com pared to the cafe of Captain Lumley and Captain Sutton, but that cafe was different from this, for Captain Lumley ailed merely as Supernumerary; he had no pay, and he was on board for his victuals only : but here was pay and all the other marks of a Captain attached to Mr. Waterhoufe, fo that the two cafes were materially different.— Then, taking the plaintiff to be rightly appointed, and in a manner fufficient to determine that he was Captain defatio, the next queftion was, whe ther he came in under the Proclamation for the dißribution of prize money ? He was in the Ra tion of Captain, and as to his being a Second Cap tain of a finale (hip, he did not fee that the Lords of the Admiralty should not have power to make that appointment, if neceffary, for the navy, as well as any other regulation. Mr. Jußice La B‘ftec Paid, he thought the plaintiff entitled to a !hare of prize in this cafe, miffion granted to him by the Lords of the Adriii ralty, and that he mull always be entitled to all the privileges attached to that Ration, unlefs it could be (hewn that the Lords of the Admiralty had exceeded their power in granting him that committal. The extent of that power did not appear before the Court, but the Court would not inter that they had exceeded their power, but would take it for granted, that they executed the duties of that office properly, and the Learned Judge faid, he took it that the o ffi ce of the Lords of the Admiralty wai the time as that of the Lord High Admiral of England, which was that of " providing for the exigencies of the Navy in general, to put (hips into committon, to appoint Commanders, to dire& their Ration, &c. in fuch a manner as was bell for the fervice of their coun try ;" upon this occafion the Lords of the Ad miralty were of opinion,that a &It and fecond Cap tain were neceliary in this Chip, and the Court of King's Bench could not difpute the propriety of the judgment of the Lords of the Admiralty. This was a different cafe from that of Captain Lumley, as his brother Lawrence had Rated, and the ap pointment mull, upon the whole, be held to be valid. The next queßion was, whether the plain tiff came under the rules laid down in his tala jeßy's proclamation Now he was a Captain oa board at the time of the capture, as the exigency of the fervice required, and therefore there was no reafon why he ()multi not have all the benefit of that fituation. Judgment for the plaintiff. WEST V. WHITE. Mr. Gums moved, that in this cafe, ferviee of a rule on Mr. Roundtree mould be confidered notice to Mr. Weft. The cafe was this:—Mr. Round. tree is one of the gentlemen who advertife more/ accommodation: in the newfoapers. Through has agency an annuity was fold to a perfon of the name of Weft on terms very difadvantageous to the O. ler, who now wanted to undo that tranfaCtion ; he had made every poflible inquiry after this Mr. Welt but without fuccefs; he had applied to Mr. Round. tree, but his anfwer was, that there certainly was fuch a man as Weft in exiftence, but that he was a fingle man, who lived here and there and every where, and that he could give no kind of direaion by which Mr. Weft could be fervcd with the pro. cefs of the Court. Mr. Glass then Rated, that his client firmly believed there was no fuch perfon in exiftence as this Weft, but that Roundtree himfelf was the purchafer of this annuity. This motion, and a conditional rule to flay proceedings on this annuity, was granted, which Lord ELL EN sOuOV Gat obferved, was the fureft means of finding out the real holder of this annuity. POLICE, ace. MAN s mw-Hous s.—Yellerday John Ha Aim was examined a fecond time, on a charge of de frauding feveral tradefinen in London, under re. rious pretences. By pawnbrokers' duplicates found upon him, it appears his traffic was very extenfive. Forty pawnbrokers attended to give evidence againft him. He was committed for re examination. Wonsuir-rraszy.—Yefterday Elizabeth Sal mon was examined, charged as an acce(fary in healing a child, only feventeen days old, from its mother, Elizabeth lmpey, who Bated, that about ten days ago a decent-looking man came to her lodgings in Red Lion-market, Whitecrofs-fireet, and enquired for her, then in bed with her infant. Being introduced, he Paid, he called on her by the defire of a lady in Finfbury place, who had re lieved her in various diftreffing circumnances be• fore, and was detirons to render her farther ant. ante ; that (he mutt therefore drefs herfelf and go with him, which being complied with, he took her to a public houfe, called for fomething to drink, gave her fome money, and defired her to go and buy a loaf, and leave the child with him till her re turn. The poor woman, elated with her good fortune, went away, but on her r.turn, the found the man was gone with the child. After a fearch of fume days, (he found the infant in bed with the prifoner Salmon, who pretended to have lately lain in. The man concerned in this myflerioun affair is not yet found. The woman is committed for trial. Laft week a newborn infant was found ftrangled in fome ltagnant water, near Perth. The unna tural mother, after a diligent fearch, was found, confeffed her guilt, and was committed for trial. Yellerday fe'nnight as Mr. Samuel Corbin, of the Hermitage, and Mr. Grice, of Rotherhithe, were returning from Gravefend, they were Hop ped on Blackheath by two footpads, who prefented a piftol to each gentleman, and robbed Mr. Cor bin of his watch, and about ass. and Mr. Grice of near 61. ; when Mr. Corbitt, with great coin pofure of mind, informed them they had not a ft:pence left to proceed to Town, and begged as a favour they would return a feal which was on the chain, being one left him by his father. The robber immediately broke the chain in halves, re turned it, and wifhed him fale to town. A Poft boy in a return chaife, in the courfe of a quarter ()Can hour, overtook the Gentlemen, and informed them he had been robbed alfo. TICKETS are daily riling, and will be higher, there being only 24,000 in the prefent Lottery. Begins drawing the zd ofnext month. The Tickets and Stamped Shares are fold and regillered at Mr. NICH3LSON S State Lottery Office, Nu. 16, Corn. hill, London, where in the loft L ottery, April 7, 1802, No. 17,993, a Prize of Twcnty Thaufand Pounds, was divided and fold in Sixteen Shares, and in the late Lotteries, No. 778 s 5499 9065 23,481 L. 20,000 17,085 48,700 £lO,OOO. 28,322 each. 17,049 46,676 each. 44,014 19,004 52,603 N 0.14,777, 19, 8 96, 2 3 , 339 , 214 6 5 ! 3 0 , 8 75, 43,97 8 , Prizes of 3000 L each The Prizes in this Lottery will be paid in full, without any dedudion, two months after the Lot tery has finiihed drawing. Orders from the coun try (pod paid) duly attended to.—Correfpondents, Nremitting good Bills, at a short date, Bank tes, Pa Office Orders, &c. may rely on being charged the lowed Price of the day.—Nnt. 1111147 ~~ A