Star. — London, England, 1803-02-03 00:00:00

lr COI/TNT-CARD 77-12,1712 f. Of all the firft appearances which we havelately been called upork to witnefs at either Theatre, that (if it may be fdcalled) of Capt. CAULFICLD laft night at Covent-Garden, in the character of Ham let, was by far the bell. This Gentleman poffeffes a very elegant figure, and appears of accompliihed manners ! his face is capable of thong and varied expreffion, and his voice is mellow, and of confi derable extenfive compafs. In his aCtion he is rather too extravagant, and fome of his attitudes are out of piltorial licence, particularly in the elevation of his arms, which are very long ; this dried was very noticeable in his firft interview with the Mg on the platform, and afterwards in the clotet.fcene, but he appears to have adopted it from choice of what he thought true in nature : for ourfelves, we confider all the performers of the prefent day wrong in their mode of Rarting at an obit& which is fuppofed to excite fudden ter ror. In his foliloquies, Mr. C. was uniformly happy, and the affumed frensy of Hamlet, in the pretence of Opbefier, was delineated in a very mall terly ftyle, without that extravagance which fre quently mars it in the hands of the belt aCtors.— In the familiar fcenes of the play the performer was more noire& at coji than, perhaps, rizid critics will think the text put into the mouth of the Prince of Delmont at any time warrants an atlor to be ; but he was never vulgar in his addrefs. Neither throughout the performance did we ever catch him either ranting or whining; and what (peaks great judgment, particularly in a novice, he ma naged the fall of his voice at his exits in fuch a manner as never to lofe a fyllable. He fometimes imitated Ruins!, but his imitations had the me rit of being well chofen ; though in tome few in fiances we perceived a lapfe of emphafis. We impute the error to inadvertency, as he was ge nerally very correct in this particular. The ap pearance of enthufiafm which be expreffed on the detedion of his uncle's villainy, in the play (gene, called down an muverfal bur l of applaufe, and, indeed, his reception altogether was fuch as mull save been highly gratifying to his feelings.—The houfe was very fullo—Capt. CAOLD I a to, our Read ers need not be told, is the Gentleman who lately played the part of licifimer, among a party of ama teurs at Rochefter, and once, we believe, at the Pic-Nic Theatre.—Mrs. H. Jon s TON'S °Perms was a moil interefting performance. In the diarafied fcenes, and wild melancholy of the charater, the •was peculiarly affeaing. On Friday night, about eleven o'clock, a fire was dilcovered in a warehoufe, in Trafford'slane, Liverpool, but we are happy to eibferve, that it was fuppreffed without doing any material injury. On Tue(day evening a fire broke oet in Melrrs. HALL. and LAYTON'S timber-yard, T_ttts . am. court-road, which confumed their workfhop, and a large Rack of deal adjoining. The contiguous manufaitory of Meffrs. boast', Tarzoa, and Co. was in the moll imminent danger, and mull have fallen a facrifice to the flames, but for the exer tions ofthe workmen employed in that manufaCtory. The linen drapery in the window of the &op, No. 139, Oxford-ftreet, caught fire accidentally, on Saturday evening, and had nearly let the whole premifes in a blaze. The timely affiance of fome firemen, however, prevented the flames from do. ing any confiddrable damage. Laft night, slink before 12 o'clock a moßalarrn ing fire broke out at Mr. HAMILTON'S Printing Office, at the top of Falcon -court, and immediately adjoinintthe back premifes of the DAILY Anvsa. 75511, 33, Fleet-greet, and nearly oppofite St. Dunftan's Church. Its fituation being detach ed from any public tbvet, few had an oppor tunity of teeing the conflagration in all its fierce merit, but thole that witneffed it acknowledged that nothing of the kind ever appeared more aw ful and ternfic. In the courfe of half an hour, the whole of Mr. HAMILTON'S large and fpacious premifes were involved in flames, and teemed to threaten deftruCtion to the neighbourhoood. The inhabitants on all fides inftantly exerted thensfelves to coiled together their moll valuable property, as, from appearances, no houfe teemed tale that was fituated within an hundred yards of the fire. About a quarter before one o'clock, the Printing-office was entirely gutted, and all the fop porters of the upper part of the wall, in front, be ing deftroyed, it fell with a tremendous era& At this period the fire became quite fpcnt in this quar ter, but had communicated to a houfe adjoining. and here again was a rapid increafe of the flames, which being (applied with frelli fuel,. did not di minifh for a length of time. The tops of feveral houfes were at different times on fire, but happily did not penetrate to the in fi de. Al l this time a number of engines had occupied different fitua lions, and were playing on the flames; but from the confined fituation of the place, they could not pro duce that teed they otherwife would have done. Thole that proved of the greaten utility were placed nearthe Temple Church yard. Five engines at a time were worked with great fpirit in Fleet fireet, and the pipes belonging to them were car ried np Falcon.court and other cow is adjoining ; fome were even conveyed through the trade - men'. houfes ; in Ilion. every exertion of the firemen and neighbours were cheerfully afforded. It per was a fortunate circumftance that there was only little wind, but that it fnowed nearly the whole time, which certainly contributed to damp the fire, and cool the tops of the furrounding houfes. The fire was nut got under till after three o'clock this morning. The private hcufe of Mr. HAMILTON, as well as his valuable printing office, are entirely deftroyed, and the three ad joining houfes materially injured. The property loft is eftimated at near 11,00 d. not above 30001. of which was inlayed. We are happy, however, to find that no lives have been loft. Mr. Han siva was abfent during this calami tous affair, having been out fpending the evening, and was much (hocked on his return to find the great misfortune that had befallen hilts. When this Paper went to peels, the engines con tinued playing on the ruins from the Church-yard, the Temple. NAUTICAL IN'TELLICENCE. PLYMOUTH, FEBRUARY 1. Came in the RANGER cutter, of 14 guns, Capt. FRAZER, from a cruile, ar.d brought in a fmug gling Hoop called the Patience, of Polparra, bound from Guernfey, laden with 427 calks of fpirits, and a quantity of fah, which were to have been Imuggied on this coati: the was captured latt evening, after a thort chace, about three leagues from the place of her delination. PORTSMOUTH, FEBRUARY 2. This day arrived the MORCIANA, of 16 guns, from a crnize ; the Nancy, ROOD, from Water ford ; Providence, HARVEY, from Lynn ; HARRINGTON, from London ; Lord Howe, and Thomas and Elizabeth, from Guernfey ; and the Barzilla, CAREY, from London, bound to St. Kitts. Sailed the Friends, S►ARROW, bound to Newcaftle. Lail night arrived the Aftive, MILLET, and the Pallas, CHAMBERS, from London, bound to the Weil Indies. ARBROATH, JANUARY 26. On the 2tit inftant arrived here the brig Pro. videntia, of Hamburgh, Joni/ Htiosicii Herr matt mailer, from Havre de Grace to Hamburgh, with a general cargo. She was upfet on the gth January, and both topmafts and boltfprit fails, yards, and boats, carried away, by which the again righted. Having lain two days a mere wreck, with a fingle yard left, they fet a fpare forefail, and drifting before the wind, arrived off Eaft Ha ven on the aoth, where, after riding at anchor for fome time, a boat's crew from Eaft Haven, with a fpirited fortitude which does them much credit, went on board, and by the aftiftance of a light breeze, fucceeded in bringing her into this harbour. As the veffel had made much water during the noun, it is apprehended the cargo is materially damaged. FROM LLOYD'. LIST. DIAL, Fr SIVA ItY 2.—.Salled the Liberty India Pit*, for the Riven—Wind W. S. W. GIIAVESIND. FZIRVARY 2.—Sailed the Labradore, for Nantz ; N. S. de Aranfafa, —, for Seville ; Birmingham, Lewis, for Baltimore; Daley, Hunt; and Anna, Paynter, for Waterford; Continuance, —, fir Havre; and Jonge Van Letics, Mean, for (Mend. ARRIVED At Liverpool, the London, iiiie, from Charleften F'hce nix, Duncan, from Hamburgh ; and Eliza, Brockbank, from St. Michael's—At Briftol, Sally, Burger, from New York.— At Kinfak, Europa, Rol, from Honduras.--At Belfaft, 1 e refa, Murphy, from Quebec .— At Gehl/ay, Ann, Younghtif• bend, from New Yorlz—At Newry, Alezis, Harvey, from Wilmington.—At Cork, Sally, Grieves, from Lifboo ; and Dawfon, from Desnuara.—At New York, Telegraph, Gardner, from LiverpooL—At Africa, Angola, Boyce, from Liverpool—At Triefte, Patty, Strayeock, from London.—At waft, Etty, Jona, and Indultry, Oftk, from Cornwall EAST INDIA SHIPPING. Yefterday a Conrt of Diredors of the EaR India Company was held at the India.Houfe, when the following Gentlemen attended, and were fworn into the command of their refpeaive (hips, viz. Captain Joists Pates, of the New Ship of 800 tons, built by Perna EVERIT Marrasa, Efq. configned to Bombay and Madras; and Captain Rosaar Tom, of the fbip Cour rs, configned to China direct. The following (hips are appointed by the Court of Direiors of the EaR India Company, to come afloat this month, viz. On the 6th left. New Ship, Capt. Joon Pates ; and New Ship, Ca Trusses Heaton, for Bombay and Madras; the Europe, obot. WILLIAM ()ELSTON. for St. Helena and Ben. p 1; the Exeter, Capt. REMIT Meitirspa; the Dorfetfbire, Capt. Jen it RAMIDIM and the Coats, Capt.R.ollllT TARIM, fat Chins. On tbe sat MIL Earl Spencer, Capt. RAITT ; and the Pref. too, Capt. HiNIY Srutaaca , for Bent m the Elks, Capt. m Gaes Bowman , far Bombay; the CSIN.LISSIES HOINCASTLI; the Wutey, Capt. HINNY WILSON; Earl of Aborgavenoy, Capt. JOIN WORDSWORTO; and the Wood ford. COIN.4 . 4 r IIeSS MARTIN , for ago,. Lord ILLIAM &arnica took the ufual oaths and his leave of the Court. upon being appointed Governor of Fort St. George. His Lordrhip af terwards dined with the Threflors at the London Tavern. The Court adjourned at five o'clock till Friday next. Col. Nlisimmoszt, fon -in-law to Sir LIONEL DRUM., proceeds with Lord WILLIAM! BIN T INC to India, in order to enter upon his new fituation of (41arter-Maller General to all his MAJISTT'S forces in that part of the world. This is fuppofed to be the belt appointment his Royal Highnefs the Duke of YORK has to bellow ; and the mode in which it is faid to have been conferred, mull have added trebly to the obligation. TRIPICODIALS, Mar it.—Nearly the whole of Admiral It/Anises Iquadron are at prefent in this harbour, viz. the Vac roasous I ID, Tat. DENT, LROPA RD, TIRTS I C MORI , XLIA moss, TR IN COMA Ls, and Vu Lean bomb. _ _ Mar 9.—The Court Martial ordered to try the Captain and Officers of his Majeny's (hip la Ss is sums, affembled on Friday morning, at 8 o'clock, on board the Inrarrio. the Captain of which fHA ROOODI was Pre fi dent. The Court continued itting unti pall fix in the evening, when the pro ceedings were doled, and fentence pronounced. &Losses name is to be put at the bottom of the LIR of Commander is dm Royal Navy; and the matter is dibulllhd ii Majcity's (maim Llmitanom CA UT, the Ofiker of the Watch at the time he Ram* b bararseably acitutted. The Conn Martial fat again yenerday on the trial of Lieutenant HORNSBY, of the Tilt PIIICNORIs for mutiny and difobedience of orders, in arreff by the Captain, for refuting to lower a yard, at a time wine a number of men were fitting upon it, and which, upon being lowered, occafioned fix perfon, to fall overboard. The Court, however, entertain ed a different opinion of the prifoner's conduel ; and, after due confideration of the cafe, acquitted him in the fundl and moll honourable manner. I Tbs laterfse, Egerton, from the Hayward for Liverpool. is Itit sear Don!gltstlee. Captain and tca o f the crew drowsed. . .. . The Coyly Faddy*" front Savannah for LlvaTool, Is 14 off Dells. The =weed Plaserjraet Whitehaven, is loft near the Me of Maa, and i the crew. The lailaverar, Lys& from Rotterdam : the Coop Nay. ..--., of Illefrirdli sod a Dutch were% Csifl to be dm Vrow Ids, Via Dime l / 4 ire le& • the Orkseys. LAW INTELLIGENCE. COURT OF KING'S BENCH, YE& 1. A RATION V. !CHAIR. This is a cattle of very great importance to the commercial world. It was tried atGuildhall before Lord KIN row, when the Jury found a tpecial verdift, Rating that the aftion was b: ought oa a charter party to recover a funs of 24181. as frz.ight. The plaintiff was owner of the (hip Afia, which in the year 1799 he chartered to the Commilfi - niers of the Transport Board. On the 27th of Anguit, in that year, the failed from Cork with 700 fol dicrs on board, with thcir wives and children, bound for Q2ebee,. where the arrived about the middle of Oftober. During the voyage an infant had been feized with the fmall pox, and that per tilential difeafe loon raged among the crew with the greateft virulence. Several were carried °lrby it before the fhip entered the river St. Lawrence, and a great number were obliged to be fent on fhore to the hofpital at Qiebec. From the terror of the difeafe many defected. On the 2 i Ile of Ofto- ' ber the Captain received orders from the Gover nor to prepate for fea. and to report when the (hip would be ready. It was reported that the would be ready on the tft of November. On the 3d, too men were put on board, for Halifax. But it was found impolfible to proceed. The Captain ufcd every exertion to procure hands, to no por. pofe. The troops were therefore difemharked, and the Afia remained inaftive in ?iota till the loth of May following. On the 15th of April 18ot. the Commiffioners mulfted the plaintiff in the fum of 24181. for which this aftion was brought. If they were juflified in 14w in fo doing, judgment to be given fur the defendant. If they were not, judg ment to be given for the plaintiff. Mr. Cassius argued with great ability on the fide of the plaintiff. He began by ohferving, that whatever opinion the Court fhould find itfelt new bound to pronounce, Lord Kenyon and the Spe. vial Jury who tried the cattle were decidedly of opinion that the claim was well founded. A ver dift would have immediately palled for the plain. tiff, had not the learned Counfel who condufted the defence (Lord Ellenborough, then Attorney. General) confidered it his duty to demand that' the fiats fhould be fpecially found. But there could be no doubt that law and juflice were on the fame fide. The grounds on which the Commillioners could exercife their power of mtilfting were four 1. Lots of time ; 2. breach of orders ; 3. negleft of the Matter; and 4. inability of the (hip. With regard to the fire, he contended there mull not only be loft of time, but culpable wane of time. This voyage from Cork to Quebec was performed in a few weeks, but from ftormy weather and crofs accidents, it might have taken up feveral months. Could it be Paid that this would have made the owner liable to a muldor ? The orders iffued muff be legal and poflible. If the Captain had been ordered to run into an enemy's port, or to carry the veal acrofs the fallt of Niagara into Lake Superior, mull be have obeyed ? 3. The negleft of the Mailer, for which the Owner is to fuffer, mull be pofitive and wilful. If he exerts himfeli to the utnsoft for the good of all concerned his condo& can never be a ground of mule. 4. The inability of the (hip mentioned muff be joules fic. not Wire& inability. She muff be prevented from failing by want of fee worthinefs, by info& ciency of the tackle, or tome other inherent &fee. He afked if there was any fuch caufe Rated in the verdift ? This principle of law could not be dif puted, that where a condition poffible when it was entered into becomes impodible by the aft of Goa, or by any a& done by the other party, the per formance of it is omitted. The Captain was obliged to take in thefe perfons at Cork, fo that if the ficknefs was owing to the great crowd on board, the defendant was anfwerable for the confequences. Nothing can be confidered as more immediately depending upon particular interpofitions of Provo dente than health anddifeafe. If a thunder-bolt had fallen from heaven and killed the greater part of the crew, would the plaintiff Rill have been liable to be mul&ed ? What was the difference be tween this and a flow lingering peftilence ?. Every thing had been done which could be done. The plaintiff could not be confidered as infurer ; there fore he was entitled to his full freight. Mr. WOOD obferved that the Commiffioners had behaved with great liberality. They had allowed the plaintiff half the freight for the Ibip while (he was lying in port, without feamen and without fuffering from wear and tear. But a great fallacy arofe from the word mul&, which merely meant, that if the fervice was not performed, for which the contra& was entered into, an abatement fhould be made in the freight. This might happen as well in cafes of misfortune as in cafes of delinquen cy. There was an exprefs ftipulation that the full complement of men fhould always be kept on board. From a covenant of this nature the a& of Goo even did not enure. The dillinftion taken in the books was this : when a charge was thrown upon any one by the law which the a& of GOD rendered impoffible, then the non-compliance with it was excufed ; but where a man threw a charge upon himfelf, that be was bound to perform at all events. If a carrier was robbed, he was Rill re fponfible to the perfon whofe goods were entruffed; becaufe othervrife he might colleague with thieves. Here great frauds might be weeded, if the freigh tor were not liable to fuffer from untoward acci dents, as he might be in the receipt of to,oool. a year from the public, while from his wilful ne gleft, the (hip was laid up idle in a diftant port. Mr. Cassius, in reply. Paid, that the Commit. Goners liberality to his client refembled that of a highwayman. who having robbed a traveller of elf he poffeffes, returns him fixpence to pay the' turnpike. If the arguments ufed on the other fide proved any thing, they proved this, that if the complement was reduced by difeafe. or by an en gagement with the enemy, or by lightning, a tingle individual below the number at which it was fixed, the charter-party was at an end. and the Commit:Goners might refute to pay a Grilling. One good effeet produced by this caufe would be to . (hew Chip-owners what kind of contrafts they entered into, and to warn them that while they this* they arc catering into an advantageous fpe- eulation, they may be doing an ail which will bring themfelves and their families to beggary. Lord ELLEN BOROU(114, from motives of delicacy, declined giving any opinion. Mr. Jultice Caosa obferved that the gneftion was, whether by the terms of the contrail an.: the cireumflances in the verdi3, the Commillioners of the Vietuailing Board lad power to impote this mnla ? The plaintiff had entered into a covenant which he had not fulfilled. The diiiinetion between duties implied by the law and a voluntary engage ment was well taken. The Commiilioners were the arbitrators between the freighter and the Public. It was hard that a man Ihould fuller by the a& of GOD, but proper ilipulation might be made in the Chat ter Party. The Commillioners had a right to form a judgment, and if they :Oa according to their conlcience, their decifion would not be overfet. It was neceffary that there lhould be a power of determining between accident and negligence. Mr. jullice LAWRENCE and Mr. Jultice La BLANC concurred. FEBRUARY 2. ROBERTSON AND ANOTHER V. FRENCH. In confequence of the Rule being made abfc,lote for a new trial in this cafe, it came on to-day, and Jailed eight hours, fo that it will be impoilible to give any thing more than a very general deli:rip uon of it. According to Mr. ERSKINE'S opening, the Plain tiffs, Meffrs. Robertfon and Thornpfon, who are Merchants in this City, ailing as Agents for a houfe of Trade at the Cape of Good Hope, for Walker and Co. and fome perfons who were inte effeacd the policy in queilion. The houfe at the Cape having a large affortment of goods by them, the manufaCtures of this country, for which there was not a favourable market there,purchafed the !hip Cherie! field, and loaded her with thole goods for the purpofe of carrying them to the belt market. They propofed that thofe goods (tumid be feat to the north weft coaft of Africa, and if they could not be difpofed of there, that they fhould be -carried to the coaft of Brazil, in South America, and then, that the Cheilerfield fhould return with a home cargo, if the could purchafe one, to the Cape of Good Hope ; for that purport, they wrote to Meffrs. Robertfon and French to effed a policy. There was firft a policy for time to continue for fix months, Miming her from the Cape of Good Hope to the north welt coati of Africa, from thence to the coaft of Brazil, and back again to the Cape of Good Hope. They found afterwards, that it was not likely that this adventure would be finifhed within the time limit ed by this policy, and as they walled at no time to be uncovered, they effeded the policy on which this aftion is brought ; and the material parts of which are tine :—Robertfon and French, as Agents for the houfe at the Cape, caufed them. felves to be infured, loft or not loft, at and from all, any, or every port and place, where and what fuever, on the coaft of Brazil, after the 17th of September, to the Cape of Good Hope, upon any kind of goods and merchandizes: and alfo upon the body, tackle, apparel, ordnance, munition. artillery, boats, and other furniture, of and in the good (hip or veffel called the Chefterfield, (with or without letters of marque), whereof is Matter, tinder GOD, for this prefent voyage, Mr. F.Brooks, beginning the adventure on the Paid goods from the loading thereof on board the raid (hip, at all, any, or every port and place, where and wharf). ever, on the coati of Brazil, and from the trh day of September, 1800 ; and upon the Paid flip, &c. in the fame manner, with liberty to fail, touch, and Ray at any ports or places whatfoever, particularly backwards or forwards, and to and from thofe under the Porruguefe Go vernment,: or any port, place, iOand, or elfewhere, on the coat of South America, without being deemed any de viation, and without prejudice to this infuranc e - l and in cafe of capture, detention, or leisure, by: tiny rower whatfoever, to pay a total lots, upon receiving documents of her being carried into port, and without inquiry into the regularity or irregulanty of her proceedings, and with liberty to fell, barter, exchange, load, or unload, the in retell, in part or the wlole, at the ifland of Saint Catharine, or elfewhere where and whatfoev e r. at and after the rate oefour guineas per cent. to return three pounds ten (billings per cent. fhould the fbip have arrived, or this rifk otherwife have ceafed, on or before the 1 7th of September :Soo; on goods, valued at 13,3161.—0 n (hip, valued at t,ssol.—and on freight, valued at 841." This (hip failed on the outward voyage from the Cape, and arrived at a port in the north welt of Africa. where the difpofed of the whole of her cargo to a perfon of the name of Nunez, but the Captain agreed to carry the cargo to the Ifland of Saiat Catherine. After they had remained there for a conliderable•time, expelling Mr. Nunez to come, and to take thefe goods, agreeably to his contra&, he never made his appearance. After Raying at that place longer than the time agreed upon. they coafidered themfelves as abfolved from the per formance of their contra.% and proceeded to Rio *tiro. They there entered into a frefh contrail with a Ponuguefe merchant who lived there, of the name of Pedro Antonio Alvarez, for the whole of this cargo. But by the laws of that place. if they had landed the cargo it would have fubjeeed both (hip and cargo to confifcation ; and therefore it was agreed tbaz this cargo fbould be delivered to Alvarez on the high fees, in South latitude 36. and in four fathoms water. For that purpofe he was to fend two (hips to receive it, and in order that there (hips and the Chefterfield might know one another, the Supercargo of the Chellerheld. Mr. Mortlock, and Don Alvarez, invented fig. nals,whish the (hips were to hog'. The Cheller field yet out to the place appointed, and. at a (hart diflance from that place, the was captured by the Hon. Captain Elphiallone, (now Capt. Fleming) of his Majeßy's Ibip the Diomede. as an ille ga l trader. Captain Elphinßone, the evening before, had captured a Spanilh brig, and found on board a paper of fignals, a duplicate of which he found on board the Cheßerfield ; and he alfo found thek two veffels had colours hoi fled in conformity to theft fig oafs, and therefore he captured her, and carried her to the Cape of Good Hope. She and the