Star. — London, England, 1814-09-06 00:00:00

NAVAL ikTILLIGEA'CI. FALMOUTH, SEPT2IVIDER 3. Arrived the Stars, CHARD, from Bristol; tht Rope, M.% DooN, and Livelv, l.tKis, fr'm Portsmouth. Sailed the Dike of Marlborough Packet] for Lisbon, with a mail E. ; PORTSMOUTH; SEPTEMBER S. Arrived his Majesty's ship Conan. from Gum. se;. Sailed his Majesty's ship Nottois, for Plvrwatth, and from thrnce for Canada. The homeward-bound Jamaica fleet is under weigh for the River with a fine wind at West. DEAL, SEPTEMBER S. t • Arrived the OBERON sloop of war, frcim Havre-de. Glace ; Goiter, Nl , Masreit, from Jamaica ; and the Rhine, GORDON, from the Havannah. Two ships ) are turning through the Downs for the River— names but known. Came down front the River and sailed to the west, the Jose Antonio, JUYR, for Maranham. HARWICH, SEPTEMBER S. Sailed the Diana Packet, with a mail for Gotten burgh; the Henry Freeling Packet, with a mail for Cuxhaven ; and his Majesty's ship BEAvv.ft, with the outward-bound Baltic convoy. GRAVESEND, SEPTEMBER. 4. Arrived the Sarah Packet, from Ostend, in ten hours, having on boar..l GERARD NOEL EDWARDS, Esq. M. P. and family ; Commissary General SPlL via and suite ; Dr. JORDAN, and several persons of distinction, from Brussels and Ghent ; and in the afternoon sailed the Hope, Captain Fanners, having on board a number of Officers of the Guards and private families, exclusive of Foreign and English Merchants, for Ghent and Antwerp ; many of the Officers have taken their whole family establishment, which indicates their wintering in Flanders. • GREENOCK, SEPTEMBER. 2. The Hugh Craufurd, one of the Jamaica fleet, was 'poke off the North and South Light on the 30th tilt. and the ship Roger Steuart was then astern. The whole of the fleet may,now be supposed to have en tered the Channel.—From information received by the arrival here yesterday of the Islay packet, MAC.. RAY Master, we find that the account, stating that a heavy firing had been heard, as it proceeding from the entrance of the North Channel, is fully corrobo rated. The firing is said to have cOntintled four hours. Mr. MACKAY mentions, that the fishermen from the Runs of Islay assured hint they, saw vessels engaged, and that one of them was distinctly ascertained to be ship-rigged—the other could not be so well seen, from her position, and Olt smoke which idtervened: Nestm• COVE, AUGUST 31. Mt nday arrived his Majesty's sloop BRISK, Captain Thomas, troni a cruise, with a re,captured vessel. On Sunday the BRISK descried at some dis.aiice two veskels, one of whom she suspected to be a privateer, which proved to be the case—as she neared them, she perceived that the privateer was in the act of plan. .Itrii:g the large ship, and dire,ctly made oil'. On the 1 3 :liK taking piscession of the ship, she proved to be the Harman of Greenock, bound to Quebec, with a it Trost valuable cargo, and was captured off the Soirees, by the Prince Of Neufchatel, American schoonrr pri. %mer. She had taken out a considerable quantity -tai bale goods, and pot a prize-master and s'a men en hoard, to take her into L'Orient, for which port she sailed herself. She has made several captures, and after plundering, destroyed them all. We regret to state, that a fint ship. from Liverpool to Quebec, with a cargo worth near £lOO,OOO, to tit fire on Thursday night, off Wexford, and instantly burnt to the water's edge. The Captain, passengers, and crew, had merely time to step into a boat, and after some time wete picked up by a vessel and brought in here. DISTRIBUTION OF PRIZE MONEY. Pyramus, For Ville de I'Orlent, on board, on Saturday; re. Called at 22, Norfolk-street. Goldfinch, for the Antoinette; will be recalled at Mr. Haw ker's, Briton Side, Plymouth, on Tuesdays and Fridays. Princess of Wales, for the St. Andrew's, on Thursday, at North Yarmouth; readied Wednesdays and "l'hursdisys, at two, AdelphlTerrace. The Naval and Military Forces, for the capture of Essequibo, Demerara, and Berbice. on Saturday, at 15, Surrey-street. NAVAL PROMOTIONS AND APPOINTMENTS. Ceptain Robert Hap, to command the Lake Ontario squadroh, in the room of Sir J. L. Yeo, severely indisposed. Captains Maswell to the Sarcoma Wm. M'Culloch tp the Ve-i Minbie, James Wemyss to the Rainbow, Charles Shaw to the' Termagant, T. Button of the Nel,on, to the Aquilon ; -the Hob. R. Rodney to the Cossack, Clifford to the Bonne Citoyenne. Lieutenants Charles Hutchinson, Charles Greene, Win. Hint, Charles Pearsoo, to the ranks of Commander ; I.ieut. Francis Charles Annesley, to the rank of Commander, and to the Heron ; Lkotenants Edward Barnard, John ti:2 Studdert, Winton Stew art, John Charles Symonds, to the rank of Commanders ; I.ieut. Young Is appointed Packet Agent at Waterford ; Lieutenant Benjamin M. Festing to the Tyne; Lieutenant Jelin Johnson io the Zealots, vice Brotherick ; Lieutenant Adam Cuppage to the Zealous, vice Clark. Messrs. Anselm Peter Le Neve, and Win. W Eyinn, to the sank of Lieutenants ; George Francis Lynn to the raids of Lieu tenant, and to the Berw:ck ; Joseph Elwyn to the raic of 1.1,o:- tenant, aid to the Spitler; Samuel Fielding I larnter t.o the rank of Lieutenant; Richard Norton to the rank of Litut, , a.::, awl to the San Juan; Charles Andros to the rank of Lieut.-nark:, and so the Rhin. Messrs. George Russel, to the rank of Ligutenant ; Pierce H. Mott, to the rank of Lirhtenant, and to command the Chubit cutter; Charles W. G. Griffin, Join: Halskins Browne, and Ito, beet- Futter, to the rank of Lieutenant ; John Memiaiaes John ion, to the rank of Lieutenant, awl to the Meniblaths; James Rowe, William Prdwie, Edward Archer Houghton, Matt?w, tv Henry Watson Hall, Francis Mars:tali, J. stokes N), and J F.Warren, to Ow rank of Lietit;:cant ; G. Cocksec!ge, to too, and to the Cretan; Isaac Richards, and Nichi.lasWehb, to ' the rank of Lieutenant ; George P. Eyre, to dicta, and to the Aquilon; 'Timothy Carew, and Charles Matthew Chapman, to the rank of Lieutenant ; chjamin Mainwaring, to ditto, add to the 'l'rident ; James Heyland, Henry Edward Coffin, and John Fl:her, to the , rank of Lieutenant ; John Lli.yd, to ditto, and to tile San listm; Gorge Albert Rix, to the rank of Lieutenant; Georgediarker, to duto, and to the Part Mahon ; James Btad )llt, to the rank of Lieuter.aut; 1. Greiam, to ditto, and to the Piqua. Mr. George Starr, Porter, to the Eurydice. Mr. James Holy Oak, Master, to the Spi:S l re. The Niobe Hospital ship, lately fitted at Ports mouth, under the direction of Dr. BURNETT to attend the Russian fleet and guards to Cronstadt, is returned to the Downs, bringing very pleasing accounts of the termination of that service, and of the flattering at tention with which Dr. BURN ETT and the Captain Of the Niobe were received in Russia by his Imperial p Majesty :ind family. The Emperor ALEXANDER seems fully to appreciate the enthusiastic reception ' he experienced in England, and repeatedly expressed himself n 3 less pleased with this last mark of atten tion by the British Government, and with the man ner in which it had been conducted. cAiIIZEAL PUBLIa METING LiVEiti 3 OOL: Monday ae'nnight, in ion:et:pence-of a public ad ilnisement. a respectable meeting took place in the TTen-Hall. Sr. GLADSTONE spoke at some length, stating the object of th e meet i ng. From the number of captures which had lately been tuade by the Americans in the vicinity of our own harbours, and the serious incon venience to which our commerce was subjected, by the actual blockade of some of the neighbouring ports, particularly Milford, he inferred the necessity of me morializing the Lords of the Admiralty upon this subject —a subject which so materially affected the interests of this port. He then submitted a number of resolutions for the consideration of the meeting,' which, alter some discussion, were carried, with the etceptioii of the last. ' Mr. Gladstone then proposed th it a Memorial, comprizing the spirit of those Re soltitions, should be submitted to the consideration of the Meeting, and if approved of, be presented to the Lords of the Admiralty. This, he thought, was the most efficient means for obtaining redress of the evil of which he complained. The Memorial was then read. Mr. CLEAR then addressed the meeting, by stating that, although he was but a young man, and did not possess so much interest in the question as some other individuals, he cvnitinly had an interest in it, and in evety thing which affected the - welfare of the country. He recommended a direct address to the Prince Re. gent, in preference to a memorial to the Admiralty, on the ground that , the ropectable associated bodies of London and Bristol had received such unsatisfac tory answers from the latter quarter. Mr. Croker's reply was incorrect, as it was therein stated that the trade was adequately protected, whereas the contrary was known to every person in the room ; nor did the general tone of the Secretary's letter promise any re dress of the grievance. Mr. Clear concluded by moving, that an Address to the Prince Regent should be-adopted, incorporating the spirit of the memorial, read by Mr. Gladstone ; this was carried by a de cided majority. After some conversation upon the subject of ap pointing a Committee to write out the Address, Mr. Clear was on the point of preparing it upon the spot, when an adjournment until the following day was moved by Mr. Gladstone, who could not think there were sufficient grounds to go upon, and to warrant an affront to the Board fit Admiralty, from the town of Liverpool. It must be remembered that the Board was a part of the Administration, and not a subordi., nate part of Government. Were it, indeed, a subor. dinate body, he would concede, that it might be pro per to address their superior, and to take upon our selves to criminate them, as far as we might be able to prove (heir neglect. But by the amendment pro poied, the town of Liverpool took too much upon nsell in becoming an accuser, without sufficient evi deuce. Mr. Bunco, .Chairman to the Insurance Company, stated it to he his opinion that nn more decisive an swer than what had been addressed by the Secretary of the Admiralty to other application;, could he ex pected by the town of Liverpool. We ought to go to atu.ther source of redress, and he, therefore, agreed with the amendment. He mentioned an instance of a letter from a most respectable body to the Admi ratty, which remained unanswered. Mr. P. Eu.ts observed, that our object was to ob tain protection for our vessels and property; that we had not that protection was a fact which could not be denied. This want of protection proceeded either from the Admiralty or the N.tvy. But who could mistrust the courage, the skill, and the intrepidity of our navy? No one, he was sure. The error mus: necessarily consist in one•of these points—there was either not sufficient force employed, or the force em ployed was of an improper description. lo either of these cases the fault lay plainly with the Admiralty. But we had seen how the Admiralty treated any re monstrance on this head. They scoffed at remon strance. It was idle to say that the former applicants had not been of sufficient consequence. The meanest among us paid for protection, and it was not to be endured, that while even an individual heard daily of vessels being captured, in which he might have property, that he should be told by the Secretary of the Admiralty, that there was already protection sufficient afforded to him. The town of Liverpool ought nut to place itself in a situation in which it might be liable to receive a similar answer. They ought to apply, not to the Admiralty, but to the Regent, who could remove the First Lord of the Admiralty it his duty was neglected. Mr. Chao.; ONa, in reply to Mr. Nuns, observed, that to a letter containing a mere list of captures, no other answer than that given could have been neces sai y. Besides. the town of Liverpool ought not to take the answer which might have been made to other applicants to itself. Even if other towns or cities (wait!, however, had not been the case) had been answered in the manner stated in the newspapers, we had nothing to do with that. We had only to state our own grievances, and to seek the redress dne to them. He certainly did not approve of the reply at ciibuoid to Mr. Cioker, but lie did not look to 1p mew reply, but the effect which such remonstrance *iiist necessarily produce. With respect to a Petition to the Prince Regent, lie could not perceive what was to be expected from such a stop. It WAS then moved, That an Address to the Prince Regent should be adopted; but an adjournment to the next day was called for by Mr. Gladstone, which, on a division and counting hands, was carried by a small majority. ADJOURNED MEETING ON TUESDAY. On the opening of the Meeting on Tuesday, Mr. CLEAR submitted a form of Address or Petition to toe Prince Regent, in conformity with the declared sense of the Meeting on the preceding day. Mr. GLADSTONE again pressed the proceeding by Memorial to the Admiralty, rather than by Address or Petition to the Prince Regent, and among other reasons urged the exigency for immediate attention and redress. Mr. CASEY maintained, that the mode of proceed ing was already decided in favour of a direct repre sentation to the Prince Regent. Mr. P. Ews insisted that the Meeting of yester day had decided for an Address or Petition to the Regent. Any private association may send in a Me i mori4l ; but why should a General Meeting of the `Merchants of Liverpool be called, except to express their seine of the federal inefficteney of the measures adopted by the Admiralty for the protection of their trade. from the depredations of the Americans. It was A rtil:ction on the Lords of the Admiralty, that they had authorized the unfeeling letter written by Mr. Cro Mr. Bitsisow, (M. P. for Staff4(l4 spoke in vindi cation of the Adrnirtity on the charge respecting the letter, and declared himself atzainst the Petition. A good deal of furclicr discussion enitred, in the cotit;i; of which Mr. CASEY and Mr. Gt.ansrot.z.fre-, quently contended for:heir several points. Mr. CA SEY at length appealed to the MAvort, who pro nounced from the chair r/ta: ?..leeting had decided for an Address or rettion to the Plust.x. Riouttr.— Tbe Tows Cutiitc alsheing appealed to, pronounced the irregularity of reversing the form of poceeding once resolved upon ; and Mr. CLEAR'S form of Ad dress or Petition to the Reoßwr: was finalli adopted. L 40 1 I MELL IGENCE. INSOLVEN r DEBTORS' COURT, SEPTEMBER 3. IN THE MATTER OF THE REV. H. B. HERNE. Mr. PRINCE SMITH, on behalf of several creditors, opposed the. -risoner's discharge. First, on behalf of Mr. J. War!, es creditor, by way of annuity, for £33 per annum.. Mr. Herne had granted this an nuity some years ago, and had secured the payment of it by assigning a living in Essex, of which he was , then Rector, to the annuitant, to receive the pro fits in case of failure of payment. Some time after wards he resigned this living, which, as a clergyman, he might do, and took a more valuable living in ex change. By this rheans Mr. Ward was defrauded of his security ; Mr. Herne having made no assignment to him of the second living. The Counsel now contended, at some length, that this was a fraud upon his client, for which his debt should be excepted out of the order of discharge. He said he should read the 35th and .55th sections of the Act together, as forming one clause, being made in pari makri‘r, and then all frauds of - every description in the conduct of a debtor, as affecting any debt, would be sufficient to except that debt from the dis charge, it being the object of these clauses to apply to any debt remaining due by any manner of fraud. At least, if this did not apply to the whole of the 'debt, it would apply to the arrears, or such part as remained due in consequence of the Plaintiff not being able to proceed to obtain payment from the living. If this Act were not so construed, secuedum equine et bowls, to prevent persons from being discharged who have committed frauds up-in cre di. tors, the public would raise a cry against it, by which the unfortunate debtors woulil in the end be deprived of its benefit. Mr. Pineeoce, on the other side, was stopped by the Court. Mr. Sergeant PALMER, theCommiisioner, said, that agreeing that it was not a toning iCt tI;) obtaip a new living and vacate the old one, About assigning the' new living as a security, for the debt, yet 11. e money must have been lent with a kaowledge of that contin gency, and there ought to be a covenant in the deed to assign and charge ally new Or other living which the Defendant might possess; and then, or upon the implied contract, the creditor might apply to the Bi. shop foe es-sequesteatiOn, and contest the priority wids. theittiereff•the creditors, or .the Assignee to be rip pointed under the Act. But ns the law stood, ho could only look to debts contracted fraudulently, and it was not noer cnittenlled that this Clergyman as- 1 signed the first living with a fraudulent intention, to give it up again, and defeat the creditor of his secu rity. As there was no fraud in the first concoction of the debt, he should hold that it was not within the exceptions in the Statute. He, therefore, allowed the Prisoner to be discharged as to this debt. Mr. PRINCE SMITH then examined the prisoner as to his schedule, in order to shew that he had granted a fraudulent hill of sale to two creditors, one his own attorney, and the other a friendly auctioneer, in order to give them an undue preference, and take the be nefit of the act as to other creditors. In examining to this point there etas a great con-1 fusion in the prisoner's statement, and a valiance be tween his evidence and his schedule ; it appearing by the latter that he had given one bill of sale for £8.51,, for joint debts, and by the evidence that he had given two bills of sale, one to his attorney, and the other to the auctioneer, partly for money bt.rrowed and partly for debts due. The goods thus transferred were part in Berskshire and part at the Defendant's house at Court, in Oxfordshire. The bills of sale were given in June, 1813, possession taken in October, 1813, and the sale made in May, 1814,1 when the Defendant was in prison. About the same time it appeared also that he had two hunters, one of which was lost, and the other he ordered to be shot, it being old and vicious. Upon being questioned as to thill fact, he said it was an old horse, and so vicious that he had ordered him to be shot two years ago. Mr. Patsies SMITH—HOW was it you suspended the execution of this vicious horse, to the danger of your self and family, for two years, and put him to death just in the nick of time, when he was to be surrendered to the creditors ? Mr. Hastar—l had kept him without work, as I did all my old horses, and I did not like to let him go into strange hands. He had been one of the best limners in the kingdom. If I could have got any friend to have taken hirn I should not have seta him. It; I had kept him I must have got some friend to purchase him of the creditors, and turned him out. IVIE• PRINCE SMITH--ThAt is 4*Y. actiy what you ought to have done, and if he was vicious and old he would have cost little, and Mrs. Herne, whose pro perty cannot be touched by this discharge, might have bought the old horse. Mr. Serjeant PALMER, to the Counsel—Will you be able to make any thing to this point about the horse ? Mr. Pius= SMITH— I shall contend that it is a waste of his property in prison, and the Defendant must get Mrs. Herne, who had the horse shot in his absence, or s some friend, to pay the value, before the Defendant cap be discharged. Mr. Serjeant PALMER—The Defendant says it was of no value, and I shall not easily suppose a wife would shoot Fier husband's horse in his absence, if it was worth any thing. Mr. PRINCE SMITH to the Defendant—Did not a person offer MO for the horse on the day it was shot ; and was not your own servant so hurt at it, that he refused to do it ? Mt. Ramie—No t that is a Mista k e. It was the . . horse that was stolen pleat T was. offered money for, and the same man shut this hOrse that has shot others for me. The Defendant was remanded to amend his sche dule, and explain the transaction as to t h e bilk of sale ; and a person in C .urt s rid be would bring evidt•rce that the horse was worth kit).—Adjuurusd till the 13th instant. HERTFORD ASSIZES. At the above.Assizcs came on to be tried a cause of very great importance to the community, particu larly to the Clergy, wherein the executors .'t the late Rev. Dr. Ford, Principlof Magd den atli, Oeord, were plaintiffs; and Miss Racster, of Crippiegate, near Worcester, defendant. It apreared fotlows: The defendant, being Proprietor of a wood, con taining about 170 acres, situate in the palish of Crad. ley, in the county of Hereford, of which the late Dr. Ford was Rector, Rave the latter notice, in December 1812, of setting out the tithes al underwood, which she had been felling in a part of the wood in ques tion, and which were collected in pursuance of such notice. Previous to the month of May following (the time for bark Stripping), defendant apprised the Rec tor, by letter, that she was about to cut down a qu Lathy of black poles, that grew in a part of the wood, from which the tithes of the underwood had been.taken ; but that they were not titheable, being 'upwards of 45 bears growth. These poles the de. fondant *attain* cut down • and c inled away, without setting out the tithes thrrec.f. The Rector dying soon afterwards, the plaintiffs, as his executors, brought their action in the Cum t of King's B.nth, on the Statute of Edward VI. for subtraction tf these tithes. The produced a great number of witnesses, chiefly timber and coppice-dealers, resi de:it in the couuties of Hc:efnrd, Worcester, and Glancester, to prove the wodd in question was a cop pice; that it had been regtilarly and progressively fallen, ever y 11 or 15 years, front time immemorial; that the black poles were not timber, being only from 6 to 20 inches in circumference ; and that they ger minated from old stools or stubs. The plaintiffs fur ther proved, that tithes of the same sort of wood, growing in the same parish, had been paid to the Rector and his predecessors far a series of years; and also, that a composition for the fallages in the woad in quetion, had been actually paid to him by the de. feniant and her father, from the year 1795 , to .1812. And to spew that such wood was titheable by law, the plaintiffs' Clunsel quoted several cases on the subject ; the chief of which were, Tot ner v. Smith, 2d Gwyl. CASs 529; and Walton v. Lady Mary Tryon, Ambler, 133; in the latter of which Lord 'Hardvricke said, .1 that germins, arising from old stools (which wait the ease of most coppices in Eng land), no tree remained . .from whence tl.e ltrivilrge of umbel; was d eri ve d there'ore all IttJt kind of wood war titheable; and if it were olierwise, the Clergy woutd be deprived of great part of the r tithes." The defendant's Counsel, after Balling witnesses to prove the age of the poles, quated the''t/d Inst. 648, and several cases, in opposition to the pl claim ; and also contended, upon the anwority of those cases, and on the Statute of the 4.'ih of I; {ward 111.. that " all tress above the growth of 29 years, were exempt from the payment of tithes." which b sr he most ably and succeslu!ly con, ate all the cases and arguments urged by the defendant ; observed, Oaf the case of Walton v. Tryon, ever since its de termination, had been acted upon and recognised as law; and particularly in a recent case in the Omit of Exchequer (the name cf which he did not recol lect, though he had taken a note of it in town), wherein it was decreed, that an i.ccnont should be taken - of the tithes t f coppice wood above rue growth of 20 years. The Learned Jadge. after stating the evidence, and observing.thereon, left it to the July to deter mine, whether the trees in question were timber tries, according to the custom ot the country. They Jury immediately found, they were na timber trees ac. cording to :nth custom. On which finding, a verdict • was ordered to be entered fnr the pl.tin:iris, with berty for the defendant (if she thought fi ), to apply . next Term, for the opinion of the Court un the q as.. tion of law, viz.—Whether trees of this nature, and of the growth of 20 years and upwards, are discharg ed of tithes by the statute of Sylva Wand CORK ASSIZES. At these Assizes Mr. Boyle was charged with haw ing assaulted Mr. Sheriff GARDE, at tlle Theatre.— The prisoner had appeared in one of the stage boxes of the Theatre, and attracted the attention of the au dience, by repeatedly calling the btage manager to come forward. He was desired by several persons to be silent; but persevering, he was turned out.— Mr. Sheriff Garde said, that when the dibturhance begun he found him on the ground, surrounded by people. In order to preserve him from injury, he laid hold of him, and endeavoured to get him out of the house ; but was immediately assailed by him with the most abusive language, calling him ruffian, and saying—i , this comes of appointing such fellows Sheriffs." A Mr. Lyons, on being examined, said he was at the Theatre, and heard Mr. Boyle call for the Iblanager, but not in t riotous manner. Mr. Lyons bore testimony to the' . shameful state of the Theatre.—The Jury, however, returned a verdict of Guilty, and Mr. Baton GuAti,ot seut.!neod the pri. soncr to be imprisoned Six Months, and pay a fine of l iity Pounds. CORONERS' INQUESTS —Yesterday there was an in quest at the house of Mr. M4MILLtow, the sign of the Coach and Horses, in'St. Martin's.l4ne, on the body of Mr. J. CLARE, landlord of eie Tippling Philoso pher public house, Liquorpond-street, who was killed by a tall from the Liverpool coach, yesterday morn. ing, about six o'clock. Ile was going on a visit to his friends in Ireland, and was intim tunately, by a jerk of the coach, thrown from the top, as it was starting fiom the Golden Cross, Charing-cross, and the wheels passing over his head, he was killed on the spot—Verdict, Accidental Death. An inquest was lately held at the Crown and Sq. gar.loaf, Fleet street, on the body of Mrs. Hloolgs, of Bell's-buildings, who was run over by a post-cl a se as s he was crossing the end of Fleet-market. Bishop s the post-boy, attended ; and it was proved to do satisfaction of the Jury that it was owing to his care. lessness. Tile Jury, after an investigation of filly returned a verdict, Manslaughter; and he was accordingly committed fur trial. • X -1p T, I; ). ho be It. is Willi kgn ell ap- the lid- • ay,