Star. — London, England, 1813-12-16 00:00:00

I I . 4lahatilfrioatt PROMO . • • .....:41.... - • 7 • '-. i • 1- ftpUSE or Lona% DillftfdliMt -14 ,,,, • aitreal.s...pnewants V. TITS ligND. t / Connsel mete ;fled in, and Mr.A.seort Vas Weed is reply,. .______...... o t . TherkilliMilWif.NCE L LOC **Nevin's -, opinion nrche•House upon the mimißll( .this ease, absereelkeihet aftec the disqualifielson was known of *lime of election, it was competent for those' vdtelallbeed "to' Claim the If 'of their•Oanchiset 11,411111allad Where two electors hOd even their vo , 6* • Ash &lite whose disqualification s was knolls; ;and tftir Irktill **cut claitpies their privilege to vuti adaik it-wig be . Conbidereel, that they hull throwa,their votes airily. With inspect, to the elee.' lion itipy:,o Mr. I-4wkins, it certainly was, - upon' . the Piieriples of law - laid down - in iesisral cased,. Sr nullity, trial the moinentethhre was notice of itiS disqu:difreatioh; and those who voted for him after this fact was Wade kuewo, Toted for 4 person dead, in point of law, because the low declared him not' eligible,- As to the Act of ladannity, *it did not apply but to offices in possession, and Mr, Hawkins' neverhad possession, for he could not be elected,,, lie did not perceive why, on the 'other hand, that the election of the other candidate should not be a. •-vod election, when an opportunity was Wien, .4 ( ,hotice of the flaintiirs disqualification, for Foe -ft& ing to elect nay other person, Under all the bawl cumstances of this case, he Was of opinion that the", 4udgment of the C9On below ought to be affirmed ; .rf hoWever he should, upon .further consideration, alter his opinion, he would apprise theist of it on Fri- day morning, when he intended to move .that judg ment Should be given. • • . SMITE ANv °punk, p. NoNENTspN AND OTHEIM This was en Appeal from the Court of Session in Scotland. The question between the parties origi nated in a Policy of Inseihnce. The Appellants, being underwriters, insured a ship called the Ruby, belonging to the Respondents, from Halifa;, in America, to Plymouth. On her way to this coup. try she was captured_ by a privateer. The Respon dents bearing of this event, save notice to the Un d, ineiters, and offered to abandon for a total loss.—. While the Underwriters were investigating the 4C. counts of the Respondents, information was re. seined that the vessel had been re-captured and married into Gpernsey. The Appellants now con tended that the Respondents had no right to aben l . don, the re-capturt having been within a few days, after the capture, It was stated on the other 440 that not poly had the Underwriters already acqui esced in the abandonnet, but the Respondents had a legal right, under all the circumstances, to Abtp don for a total loss. Mr. ARAM and Sir SAMUEL Rosni.Le were heard for the Appellants, and Mr. Serjeant MARSHALL was partly heard for the Respondents, when . The LORD CHANCEIa.„OR enquired if the precept of the Lord Admiral..coold be produced to • • the Moose, from which document they might as: certain the precise points upon which they ought. to decide ? -..- • The Counsel on both sides admitted they were nee in possession of this . document. The LORD CHANCELLOR then moved. that the case stand over till the necessary documents could be laid before them.—Ordered, ... (WANT v. GRANT. LORD CHANCELLQR, in this case, Which Mated to the construction of a Will, moved tbat the judgment of the Court below be affirmed, excepting a part of The interlocutor that rendered one of the Appellants not capable of taking posses. *ion of the property, which was proper to be teemed. .oeileteil accordingly, . . •i UDR v.___THII_DVD4_OI , RONDUIDIDI. . . The LORD CHANCELLOR said, that in dis, charging his duty, with respect m this case, it would bitecessary for him toenter fully into its various circumstances. To the mere statement of facts, therefore, he should this day confine himself; be cause it would be impossible for him to render intel ligible what be had to observe on the different parts of the law connected with this important question without first calling their Lordships' attention to the circumstances under which it came before them. His Lordship then proceeded to examine the two Charters of 1644 and 1648, executed by the first Earl of Roxburgh, each of which contained a pro hibitory clause, restraining • the person in possession of the Roxburgh estate, from dimming any Inn of it ; and also containing a provision, by which such person was permitted' to kw* or few any part of it, without. however, diminishing the rental from the veiue which it bore * the period of taking possession oft l -estark, The question was, whe ther the grantin of the sixteen feu: to Mr, Bellen -1 den Kerr, by t e late Duke of Roxburgh, was prevented by the prohibitory part of these charters, or admitted by the permissive proviso ? His Lord ship also referred to two other deeds, drawn up in 1109. and 1740, each of which contained provisions Ar a similar nature with those already recited, In 1,804, the fiats,, ukealtashstrgh executed a deed toe..nrail, ' in wilicb• be declared, that being the list . le heir of.tbst.4assily. he was not bound Sit., principles which had fettered the devisees of" ancestors --. but was competent to make such • ispositton cities property as he might think fit.— The efibct of this deed, 44 the entails which were ~fit . %ally eseented, was to place the sixteen fens, thee subject of litipton, under the dominion of togii Mt- : 3rgarr. he huviqg sgpolated to pay certain an- Iliailies Thus was the whole estate a Roxburgh, coosistin of tio l ooo acres, with4be exception of the man • qf norm and 4/# acres attached to ft, byfilis graertif hos, made air to him. With the r d asoos sehich jiffy/aced thetas, Duke to maikOsech a dispositiea at the pp rt except so f4r as they tit' ht irs4faie . OW/ to earns tit the drat. *hew htlitrtratileta, they had .go cement. ' was cleari hawser; try 'the latediuite's diaposit);6o tl re prurreop that tor* Simar limpid ill 4;g : s eons' view 40esinunCooti it, sa ette.sepresentettlf. tabini? ivlaily would hayc little interest rnA,'l l. l eefittree 'ogress and egress to the mansio44ousip, Ileums, said the 47 *cm dr imtd that were attacbed to it. No person could suppose that the theme of. . : ,eyer cobiesopAsed sncl) a grant. • This app,:b: In- • of thee4t4te might lo termed 10 ( - hal )4 oii di F not appear o him to warrant i;l : b a tida.-b#A cause the deeds by whirls the estate , s thus Or, being entrusted \ • property va.- tanthorized.to appropriate, as be *ma i for be nefit of his children, gave to OW of jbett, a daugh ter, who was on the earter, dea , ten thousand • - - ands, knowing that Ins *Wear would become its own by the decease' di his child. , A Court of Equity interfered in that case, and prevented him :from making that disposition of his property, because it was an aliose of the terms under which he, was al lciwed; as trustee, to appropriate it. The Court be low had decided, that all the flits were bad; but he 'was not aware, when the cast was first agitated be fore their Lordships, on what grounds they hadbuilt their opinion ; and therefore he came to this conclu sion, that, before their Lordships proceeded any far r.ther, the whole of the circiunstances should be 'exa mined. Some of the Judges* in •the Court below seemed to think that he had acted hastily in express sing his opinion of what the sentiments were on which they had decided ; but he pever meant to do any such thing. Much difference of opinion existed among the Judges of the Court of Session on this subject.— One of ?bent thought all the fens were good, eitcept that of Pleurus ; he thought forty-seven acre; were not enough to be attached to the mansion 7 hquse, and yres desirous that a greaser quantity of land should' de scend with it. He could easily conceive why he wished the mansionhonse to be surrounded by a more ample domain, and why he opposed the vali dity of that particular feu; but he was quits igno rant of his reasons for supporting the legality of the remainder.. Another of the Judges, Lord Meadow hank, whom he highly respected, was of opinion, that the whole of the feus could not be held, but that half of them might be sustained. Here he was ut terly at a loss to know why moiety of them ahotild be allowed to stand. If the reduction were to be made on the ground of norm, why should eight be selected, in preference to a smaller or larger number? And if eight were to be taken away, WHICH EIGHT should they bet A great majority of the Judges of the Court of Session had, however, decided, that the feus were all bad—and that was the point' which it was then necessary for their Lordships to decide.— As, however, it would be. necessary to consider the granting of these feus with reference to the law of entail in Scotland at the time of the original charter, to the statute of 1648, to the intent and object, and to a variety of other collateral points, their Lord ships, he hoped, would not consider it unreasonable, if he deferred delivering his opinion 'O6l Friday next, when, if possible, he should submit it to them. kIisChLLANTMiIs. The Five Millions Exchequer Bills Bill, the French Wines Bill, and the Portsmouth Works Bill. were egad the mscaud time, *od ordered to be committed to-morrow. The Circuitous 'Trade Bill passed through a Cununittee, and Was reported without any aingndnwnt. The last-Inciiii Duties Bill, the East-ludic SliWng Bill, and rlse Spirits loterchangi Bill, were read tlje tiprd t t t.: and passe4. Adjogrued rtil to-morrow. roPPER COIN, It appearing that much misapprehension has taken place with respect to the conversation which occurred ' in the House of Commons on the loth instant, on the subject of the Copper Currency, we have thought it material to enquire particularly as to what passedion that occasion, with r. view of preventing those incon. veniences which might arise from mistaking the in, tentions of Government on this subject. Mr. gpeNVELL having made some observations on the inconvenienciec w ick wire produced in the me tropolis from a redundancy pf Copper Coin, and espe. cially from the introduction of a great number of counterfeit halfpence, and local or private copper to. kens, proceeded to state, that the subject had long singe been represented to Government as requiring- a remedy; and that he bad reason tG believe that some proceeding would have taken place several years ago, but from an apprehension of the expense whibh might be incurred by Government in calling in and exchan ging the old legal Copper Coin; without doing which, it appeared to be agreed th at no effectual stop could be put to the circulation of counterfeits—that the evils were noiv - so greatly increased by the vast number of private tokens lately introduced, that lie hoped the consideration of the expense would no longer deter the government from applying a remedy ; and he desired to know from the CHANCELLOR or the Ex - - CHEQUER, whether any steps were likely to be speedily taken on the subject ? Mr. Vanstrrawr answered, that he had not much to add to whg; he had soon after the meeting of Par. Lament states!, in answer to a question of dieting") nature, viz. that the subject had been long under the consideration of the Privy Council—that he hoped that their' proceedings would hp in sufficient forward , ness to enable him to submit a measure to the consi depition of Parliament - soon after the Christmas 'rfcess ; and that he ()mild assure the House that the consideration of expense would not deter the Govern amm (whatever importance ought to attach, to public 'economy iq the present circumstances of the country) from attempting to put a stop to practices which he understood to be so injurious to the public—that the juitice and good faith of - the Government were pledged to a redemption of the legal Copper Coin at its current rate, and that as soon as measures were sufficiently prepared for that purpose, it might be calle4 in and replaced by a new currency ; and that he hoped the effect elf doing. so would be to stag the circulation of any base and counterfeit coin, It sweats. therefore, to be the intention of Go, vernment that all legal Copper Coin shall be received at itiftturrent value, and that consequently no person can run any risk of loss by receiving it i arid it is to Observed, that as i it is made etnielit by his Ma s Peoelanaselon, no person cap lawfully refuse to xfaceive it, and that any person so doing is liable Vesec ution. ne &mile * 41dventuret of C4paima."—.4 Se. ritand Edition . pf Ibis facetious V4rk at Mr, *BAR • just ready for publication ; and we.haie stopdats.ht .l 4Third will presently be called for. Since Ate publ ication of Don Quixote at id Tristram Sha lt : WeNive certainly had no worts thy can be can rriucik with it iit pcupt of genuine wit and gor4oof : • ' ll lO ll , l RAPiga. .% 10117111111:11 fi• What man Is there joy at dw news ?-- s voluntarily relinquish probably foried upon it. consecp. . an agreement with Au stria, have evacuated the Tyrol. Twenty Thousand Tyrolese have already taken up arms. They have entered Brim, where they look prisoners 800 French men, with two pieces of cannon. They have also taken possession of the debouches of the Ammer mountain, stud of those at Shiraen. Nov. 23.--45cprding to accounts from Torgan, a very severe skis reigned there, so that a number of people died daily in the lowa. In the n;ght be. aween the I3th and , l4th, mom than 30 sentinels were found dead at their pests. . General Count Narbonne, who had fallen from his horse at'a review, died from the effects of his count Dutaillis..who succeeded him in the command at the garrison, General Le Brun, Count Devaux. and several other French Gcherals, were also dan, gerously ill. In Wittenberg, the greatest want of every thing prevailed ; and though some grain was still left, yet they' had no mills to grind it. Some of the towns people used coffee-mills for that purpose. The greatest want ,of firewood prevailed, and to supply their necefsities, the garrison b3d pulled down tba timbers of many houses. BOIS-LE-DUC, NOVEMRER so. We feel here great saziety for ottr .approaching fate. Some time ago we had here,no garrison.. yid there was only 4 small detachment 9f 4t.) or 40 men in the fort of Papenbni ; now, however we have not qnly-a garrison, but we expect CleneralMolitor with his retreating troops within our walls. Besides wine considerable requisitions mad° within these few .days, for the provisioning of this town, Venln, and Wesel, the Mayors of this department have also received orders to take care, on their responsibility, that all the grain be thresh ed out between this and the lOch of December, and be ready to be carried off. FROM THE BfiEMEA! G11ZE77 . 4, • OF THE pTil OF NOVEWIEft. • The following particulars have been communicated to ui respecting the retreat of the french after the battles of Leipsic ; The nearer the flying French army approached'tlr borders of Germany, the more unbridled became their licentiousness, and the more was all cflicipline ne. glected. There is no imaginable atrocity which they did not perpetrate. No way marks are requisite in order to and out the road from Leipsie to Frankfort. —On both sides of chit line of blood, are lying in mingled confusion, overturned waggons, all kinds of clothing thrown away, the feathers of ripped up beds, broken household furniture, fallen down horses, and dead Frenchmen. The most of the houses on this unfortunate moa4 were not only plundered of every thing, b u t robbed of all their wood work, such • air doors, windows, flooring, &c. which were broken up and burnt, so that merely the shells remain to the lately comfort- able inhabitants. • Others of them were berm to the ground ; and the P.ne village of Ulster in particular was laid completely in ashes. Such was die work with which the Protector of the Confederation of the Rhine signalised the last moment of his . pretence Germany In Gotha the rage for $2l the French, that they pita' where their sick ; lay, and carried off the and the mattresses from there lodged at the inn was at first anxious to night ; but he expected postponed his departure .ng. early part of the reckoning bad already been satisfied; but what had been 'consumed by himself, and a nu merous retinue, from ten o'clock, was still unpaid.— The officer, whoae business it was to pay the travel ling bills, bad already gone on ; 1443 landlord of tbe house, therefore, asked the Emperor, whom he had to apply to for payment of the reckoning of this nights Napoleon replied with a laugh, We moat now ac custom ourselves to every thing," left the man stand. ing empty-handed, threw himself into tbrearriage, and drove off. His departure wasilke Ii lttniog,. but he telt it tedious step by atop, his elite rode close up with him, and the torches which they car riefl rendered visible ev e ry his soldiers lying ] along the road, and d by all human-aid, sup plicating death every moment to come and end _their miseries, The Lag of Naples reached Fulda, the first at. the retreating army. He asked the postmaster there after the news, and the latter repeated to him the substance of the French army-report of the 24th ot, October; the King let him 'finish his tale, and dim! ) broke out a laughing. Frain various hints which be gave, there was reason• to conch:de that the events which befel the French 'army were not Unegikctect!i by him. The Zmperor, who entered Fulda much lates t breakfasted before the town in bivouac, He sent for one of the inhabitants, who was formerly known to. him, and began the conversation with the usual question, of how he was? 9 Never worse," he frankly replied ; a your soldiers hate this moment plundered me of every thing." 44 It is always so in war," re plied Napoleon ; 44 no man cap prevent such little disagreeables." Fie then asked after the cossacks, with which the neighbourhood swarmed, and hear. ing that they were very near, he ordered an imme, diate deparci;re. Napoleon ordered the before-mentioned village of Ulster-Buttlar to be burnt, in order to retard his pur suers during part of a day. Behind- t h e vi ll age flows the Ulster, which has a stone bridge over it. On the right and left, the corps which were close upon his heels,, could nut ford the deep stream, and it was impossible for them to make their way through the narrow streets of the burning village. By this atro hcio ex sob us pedient, in a great measure attained ect, • ..4 i j • - • At the head of the marauders were especially the koprial Ouards, witholat excepting the officers. In e.haurOn they broke into an 4mbecary's shop I Ipirits and pii;chosolatt and iiie‘itcuenliii, honey awl •N• .. -.: ... . . .... . . . . TIM • f id of eq Orepobt . 'deviated from the Inc ~ - ~ DUrCiI • I.lg of the - Aar* pi Is4B. Ins L an . . amnia tow , * shi!teaen,when terms wok! : •:. ,_ -. 4 JET PIDVXPOI vary wide-Whin* so *disposition of Ofoa rty, stitt l lnts Tyrol is again free. I there was I boundary beyonsi.whith the/ 002. row *hose heart does opt beat with . be construed to *mewl, without a manifest Int • The Bavarian Covernma i r ha s vc them: and he instanced the lase of a father, who, ed that possession which was prof being entrusted with a large property, which he was Its troops, in consequence of an s Anthorized•to appropriate, as he pleseed. for the be. stri4, have evacuated the Taro,. w plunder was so predominant 7 actually broke into the hos- and wounded fellow-soldiers bedclothes frau their bodies, n under them. The Emperor called the Three/40mi. He to proceed forward at ten at 1 some couriers, and therefore e till one in the morning. The • till I • • • elettnarfes, were devoured by them with indescriba ble avidity. At the battle of Henan the French fought with deSperation, because they considered that field of slaughter as the bloody threshold of their native land.. They haa herkonly to choose between death. and the Rhine. Many thousands fell in the arms of ibeformer, • were Diver destined.ajain to see the latter. • Had -the Lanctsturin been orgatilfed in the country tureen Leipsic and Frankfort, as it is in Russia, 'Mecklenburg, and Prussia, not a man of the French ,crould ever have crossed the Rhine. Here the Land. 'Muth would have had a glorious field. They lltive carried off all the provisions, and driven off ali the cattle from the villages on both sides of the road ; and the consequence must have been the utminut! , %, of the retreating army, by hundreds at every.mile. According to accounts frorn varincs sources, betweel, (10 and 70,000 men, with lou pieces of c.'nr.on re. crossed the Rhine ; but the half them were sick or slightly wounded, so that 30,000 fit foe service may be reckoned the whole residue of an army which en. tared the field in the spring 35Q,000 strong, and with such lofty hopes. Of the 15,000 Poles whom Por.i.i- Sowski,during the armistice, brought through Bolic • IniA, about 1400 reached the Rhine. The passi.ig over of General qulkowOci to the. Allies so enraged Napoleon, that he issued *in order to dismiss the re inammg Poles ; but the. want of cavalry, of whom be bad only 6000 mounted, indup•ed him to alter his or ders, and be haraavuFd the Poles at Frankfort, with General Dombrowski at their head. Among other things he said to them, 44 The present situation of the Ring of Saxony - most not induce you to be faith. lots to my eagles. I ant your mater ; and will re main so. The Germans are now ina fever ;'lriftliink not that 1 have lost courage,4 am unmanned, &a." • The famished French soldiers sixotaged toar.ard Frankfort - with Indescribable:anxiety. '!'here they hoped for Wine repose and refreshment f but Napo. loon either 'train* it danterous in rFst there, of was unwilling that the' inhabitants, who ,tad ceirmr madame With all parts bf t he v•orW, Sb&ld witness the 'frightfully caanitous .state• of his army, He therefore placed Some 4attalions at the gates, to pre. vent the entrance of his'famished troops, whO woe all driven back with.pitilesi barbarity. P. 1 3 , 4 14 .341TEa... , BREMEN, Dec. 8, " The artily - 4 the Pante Royal of Sweden con. sists of about 2.5,000 Ruisians, an equal number r‘f Swedes, and..several regiments of rrogians, corn. posing in the Whole (independent of the cretarbruenti r under ulow, Scc i sent tq Holland), a force of about 60,000 wen. • 44 His'Royealligligess arrived or; the 26th ult. at Bremen, and on the' 29tit he left at fur Luneoburg. Wherever be appears, heistweervadmader triumph arches, .and by all ranks and ,claps p he is hailed as the creliverei pf the country, • From Lunenburglie was tOilifYatige to the &dig. nits, where Count Walmoden, With about cn or 12,000 men, was espec6ng.him, and having on this opposite shore. the-Gallo-llapish army under Idarstal Davoust. Tba forges of the latter were Fomposed of 11,000 French, and 17,000 panes under biiowd orderi. Ab'ont 20,000 - Danes constituted a separate naps; and would not act with him, and on that ac count they had takep up their quarters within the in terior of Holstein, Davoust being placed in this critical situation bad applied for permission (should the events of war feeder it expedient) to withdraw; towards the Nord} of the Duchy, and . the apswer given is reported to be—that the defence of Hamburgb was necessary to the protection of the Danish territory, and that haw:. ing undertaken that ditty, it limald not be MlTered that be should abandon it. 1 ," it is added, that a distinct declaratiop was =4 by duitommanding (Acer of the Ipantsh arnifisf teserve, that should the French Marshal not co-ors. tate for the defence of Alone and the sootherpboun. • Ailey of Holstein, the Danes, who compose the, pri!t iip!irl c s o trength af a h n i ct to ariprt v w e Zeld he orris French 80 their owa 's to esopunter 84111 tpcir enemies.tt • THE EVI szeisimping: tNING St .- s --. LoNpoN, , THURSDAY, 74ECOW1 16, 1815. All the public writers is Preece, and not a few of them in England, since the connsft s ,_ement of Bo:IA. reams's. weer. hare_tPllaard up his gsurration, or. varnished the hideous dafogoities gf his ;mad, by the, stale. pick .p( comparison ; AsEtinsise, airigniSithiitle V., - the Ireat Elteauscs, and, lie , . sorly, Louis XIV. bare alternately beat 4eEiVa*4 to abie tAinkhistorical pirallel„or rollad in dm tam* -tarsals, „.qnd tried tit the PAW h 3 / 4 11r, with VI ghtcute: Caralfnjilrano, whoduts been nick-named an Intersr ind ./(ieir.: • The parallel. always laile4 7: seadert ap4, commeutatpts•abraptlr excl4ilFo. , • . tione,b4 hlinteltun be.bis parandr IFfeltaie ai!covered the reason et the general pd spent upon. this :object—ale adniirsrs ancid•-: tracooractf 4 the sublime genitis of the am,” are eqnally :n the wrong—they soar, too high in theit: flight after him--it is not in the higher regions of the atmosphere, but in the low dattp creeping fogs whicli • skim the "green mantle of the standing . pool," we are to trace .the course of. this vulture. We, need not hunt for historical precedents in the shirt : cratic and venerable records of the Court of Chan? . cery—the humbler, but not less wholesome, Old t Bailey archives of history are most likely to furnish us with some account of the sanguinary predecessor! of NAPOLEON BONAPARTE--their Coat, Sariout, and Quarterimp, are not to be found in the Heralds' Col lege—a Bloods hoed and dagger comprise th::ir whole heraldic achievements ! We know of no parallel so suitable to the birth, parentage, and gonduct of NAPOLEON BONAPARTE, as the admirable episode, Rnacubt•sost, the His. vottan t Nal introduced into his CHARLES V. in order lo 4esc‘ tibe is Hero of 02e sixteenth century. We J I