The British Press; or, Morning Literary Advertiser. — London, England, 1803-01-29 00:00:00

FOREIGN INTELLICINCE. FROM THE FRENCH PAPERS. PARIS, JAN. 24. ACTS OF GOVERNMENT. Saint Ckwil, January 23. The Government of the Republic, on a Re?ort by the Minister of the Interior, with the advice of the Council of State, decrees as follows : Arr. I. The National Institute, now divided into three claques, shall in future curtain of four, namely, 14, The Class of the Physical and Mathematical Sciences. 2d, Class of the French language and Literature. 9d, Class of Ancient His tory and Literature. 4th, Class of the Fine Arts. The pre sent Members and Foreign Associates shall be distributed in these four classes. A commission of five Members of the Institute, nominated by the Fairs Cossutq shall present to him this labour, which Shall be laid befiwe Government for its approbation. 11. The first class shall be formed of iiie tell sections which at present compose the first class of the institute; a section of geography and navigation, and eight foreign associates. These iwctious shall be icompueed and denominated as follows : Warheatericel Seinscis-eGeonietry, 6 Members, Mechanics 6, Astronomy 6, Geterraphy and Navigation 3, Physics in gene ral6.—P4yricut Scirerte--Clicinistry, 6 Members, Mineralogy 6, But..ny 6, Rural Economy and the Veterinary Art 6, Ana tomy and Zoology 6, Medicine and Surgery 6 —The first class, a ith the approbation of the Ft ass CONSU s., shall appoint two perpetual Secretaries, one fur the Mathematical, and the other for the plisocal Sciences. The perpetual S cretaries shall be Monist's of the class, but shall form no part of any section. 111. The second class shall be composed of forty Members : It t; pirticularly eitalged with the Care of compiling a dictionary or the French language. It shall ea-amine in regard to la.r gaq,e importio.t warks of liteiature, history and sciences. A c dlecuon .it oti shall iac pub!ashesl at last f ',when". evel year It shall nominate from its M -mbers a per; , etusi S,cretary, with tin- approbation of at? First Consul. IV. The foarth cl rts shall be curoprried of forty %Umbels, and eirbt fo•c•go A-in.:mien. The learned lang. aoti spiltils, 2101 nueiunients, hi-to y, and all the moral and polities! setencea, as toey relate to history, shall be the objects of its Liheurs and re‘eliches. It shall endeavour, in p irticular, to eli te* the French literature with the work, of the Greek, Latin, end Oriente! writs:, not yet vanslatrd. It shall eth!sloy wills the coiltionation of diplomatic colleftions. It shall appoint lion Its ill/011W A perpetual Sorretary, with the approbation of the First Consul. V. 'The tbitartli dais h.ill be composed of 2R Nfernbers, and for.•ittei .‘esic.as et. .1 shall be divided into sections, dello ninateil and sompur.:.l as fn low : Painting, ten hleniliers; Sculpture, six; knitecture, six; Erigravior, three ; Mu.ie (C 4n r inieltiun ) three. It .hail avoiist with amorwbAttnu of the Eie4 Consul, a Perpetual Sva 'cut! wlh. shall be a Nlein loc. of dw class, nut shall nut login a pint 01 the eiraians. VI 'rho foreign Athociatt , saall have a ildabr.Ative vote only in regird to Obi.icts of science, literature, or the arts. They dial nut form a part of any section, or luv• Lny C Trott...indent% cannot as-unit the title of Members of the Institute. [nen: I,llow .nine othar artiek , i ma-meting ton to the vacant place., &c. &c. j The (Li...nth wild: s a. s, that the Institute shall receive annually, front the public Irea.ury, 15110 ir.3.es, for each of its metutn:ro trot asswiat..s; 6001 (or each of the perpetual sectetaric,, and for its expend a s im which shall be dot •rmined every year, on a detria::l it. is the Institute, and comprehended in the bedg of vie Ms sister tit the Intestor. According to article thr teen. each d.. shall, every year, distribute prises, the nu Wire and ra!he or which shall he reziaLited as follow': the first class a :.rice us 3'oo fratt..3; the second and third clas4e4 each a mt., of 1)00 *woes; and the fourth claw grand loises cat L.ainting, avhisecture, and musical cunapuuttiou. Wake wlu rain these f ;wises shall be sent 1.4 Rouse, and maintained At thee cx perke of Guveriousein. IATISION, JAN. lE The Austrian Envoy to the Diet, and the Direc torial Minister, M. de Fal , ilitrberg, has just laid an important proposition before the Diet, relative to t futurc composition of the College of Princes. In order to re-establish in that assembly an equality of religion, the principle of which would be no tnge: ti force, if the arrangement of the plan of liaJemnity should be strictly - adhered to, he re quires that the votes to be delivered in the College of Princes, shall be distributed in the following lentlner Seventy Catholic votes, to wit: ten to Austria, eight to the Grand Duke of Tuscany, twelve to the House of Bavaria, one to the Grand Master of the Teutonic Order, three to the Elector Arch-Chancel. ir, two to the Order of St. John of Jerusalem, &c. —Total, seventy votes. Sixty-eight Protestant votes : to wit, th 7 rteen to Braniebourg, (the King of Prussia,) seven to Ha nave:, one to the Duke of Brunswick, four to Sax ony, two to the Duke de Weimar, Esc. Total, sixty- O.ght Voices. It is evident that this proposition will meet with much opposition from the Courts of Berlin, and ail the State, known under the denomination of the Putties Party; because it tends to augment the in fluence of Austria, and to diminish that of Prussia. The matter cannot fail to give rise to an important discussion. M. dc Hugel, Imperial Plenipotentiary, has just given his consent to the last conclusum of the de putation of the Empire. He has, on this subject, transmitted a note to the ministers of the mediating powers, in which, after having given an official ommanication of that conclusum, he calls upon them, in the most urgent manner, to transmit to the deputation some propositions relative to dif ferent points that have not been adjusted, viz. the amount of the income to be settled upon the Vec tor Arch-Chancellor ; the assignment of different sums promised to several States that have been in jured by the plan of indemnities; the continuance of the tolls on the Rhine ; the settlement of a sufficient fund for the support of the Elector of Treves, in order, if possible, to avoid the payment of th e Ro man months; fin ally,, the settlement of another fund for the support of the Bishops of Liege and of Basle. He adds, that he has reason to believe, that the mediating minister; sensible of the justice of his propositions, will not delay to fulfil the expeaations of the Deputation. lIRRNT, JANUARY 14. 'The following is a Sketch of the Constitution planned by Citizen lloederer, for the ci-devant aris soeratic cantons. TITLE I. THE rustle AUTHORITIES. A Grand Council (which is to consist, at Berne, of 291 , Members, and at Zurich, of 212), shall compose the legislative authority. The original laws of the constitution shall, however, be submit ted to the sanftion of the Helvetic Diet, who will rejea them, if they be contrary to the principles of the cantonal constitutions. This Council negotiates treaties of commerce with the Deputies of the Diet, and gives them instruftions : it also appoints the first funttionaries of the distri9s. 11. A smaller Council of 27 members for Beme, and of 50 for Zurich, unites together the Executive Administrature and Judicial Powers. This amal gams has been almost unanimously approved or by the Deputies, and it is hoped that their representa tions will not be without effect. 111. The great and swam Councils will be pre sided over at Berite by cover: a 7trich, by Burgo. masters, &c. IV. The !Treasurers and Secretaries of State shall be elected, as before, by the smaller. Council. V. The great Council meets every three months for 14 days ; it may be called together extraordi narily by the smaller Council. VI. The members of the Great Council have no salaries t those of the smaller Council are to have 800 livres at Zurich, 600 at Berne, 1290 at Lucerne. The Burgomasters have at• Zurich 900 livres, the Avoyers at Berne 800, at Lucerne 1500, &c. VII. The Members of the Great Council are for life: those of the smaller Council must be confirmed every year. • TITLE 11. nig ELECTIONS. VIII. The Senate is elected by the Great Council. IX. The Great Council shall be elected by an Electoral Body formed Of the electors of all the arrondissments. X. The cantoh is divided into arrondissmcnts, and each atrondissment into tribes ; each arrondiss ment is to have as many tribes as the city. XI. Each tribe appolnts an elector out of every 200 citizens qualified to vote. XII. In order to be a citizen, men must have the freedom of a town in a commune of the can ton ; or have resided in Switzerland for 10 years ; he must, moreover, possess property to the amount of 1000 byres, and have attained them at the age of 20 years. XIII. The right of voting in a tribe requires to have been domiciliatcd for a year in the commer cial arondisscment. XI V. To be an Elector, requires the age of 25 ; to he member of the Great Council, the age orso ; and to be member of the smaller Council,' the age of 35. XV. To be Flator, requires, in the canton of Berne, the possession of property to the amount of 50D0 byres; and in the canton of Zurich,4ooo byres. To he a member of the Great Council, requires the possession in the first canton, of property to the amount of 16,000, and in the second canton '20,000. TIT.I.S W. The general Helvetic federation shall be kept up by a Diet that is to meet every year ; it shall be composed of a Deputy from each Canton. The Deputies of the more considerable Cantons shall have a greater number of votes than the others. The Diet shall be held alternatively at Berne, Basle, Lucerne, Zurich, Friburgh, and Soleure. The De puty of the Canton where the Diet is held shall be president for the year. CADIZ, DEC. 27. The corvette the Wine, which had sailed from Tonlon with a division destined for St. Domingo, having met with some accidents at sea which obliged her to take shelter on the coast of Spain, the Cap tain dispatched his boat to Gibraltar to ask permis sion to be received there. _ His Royal Highness the Duke of Kent most obligingly granted the request ; and at the same time very kindly promised, that the corvette should be furnished with every article of which she might stand in need. DEC. 29. From vague and uncertain reports which have reached us, we have reason to fear that there were some disturbances =Gibraltar on the 2tith and 47th. The following is the substance of what we have been able to collect from all the various accounts A regiment of tlw. garrison wishing to indulge in the diversions, sanctioned by custom, on Christ mas-eve, sent a deputation of some privates to the officers. _ _ _ The latter sent to consult the Governor, who re turned a refusal, and ordered the delegate to be ar rested. A plot was, in consequence, entered into for put ting the Governor on board a frigate, delegating his funCtions to the officer next in command, and pre senting a Petition to Parliament to obtain redress. '1 his conspiracy was discovered at the parade of the Sfith. A discharge of muskery took place be tween the light troops and the troops of the line, and twenty-five men were killed. Several others, who are regarded as the instiga tors of the disturbance, will suffer the punishment which martial law appoints to be inflicted. P. S. A more recent report mentions, that only seven men and the Town Major had been killed, and that order was completely restored on the '2Bth. GENOA, JAN. S. This eiy entered our part, three French ships of 74 guns each, coming from Brest in twenty days, under the command of Rear-Admiral Redon ; they are the Argonaut, L' Hercule, and the. Foutueux, each carrying . 160 men. It is supposed that the Polish demi-bngade, that lately arrived here, and which was reviewed the day before yesterday by General Spilhat, and who is to take the command of it, will be embarked on board that squadron : They will again be reviewed tomorrow, together with the French troops that are at St. Pierre d'Arena. FRANKFORT, JAN. 12. By the way of Vienna,. we have received news from Constantinople, signifyilag that differences on subjects of the greatest importance have lately arisen between England Rnd the Ottoman Porte. The Divan is fully convinced that the rebellious Beys receive secret encouragement and support from the English troops in Egypt. It, therefore, insists, in the most urgent manner, that the Eng lish shall immediately evacuate that country. The English refuse to leave it, till the expence of their expedition shall be repaid. The Porte, to ob its object, has called in the mediation of RUsitii France. The Austrian Envoy has been applied to. CONSTANTINOPLE, DEC. 10. The Reis-Effendi has received fresh dispatches from Egypt. They co:npletely confirm the defeat of the Ottoman army; but it appears not to have been so disastrous as represented in the first accounts. The Pacha of Cairo is still master of Upper Egypt: but he has not, it is true, tither the hope or the means of placing the Beys in the situation in which he held them before the last battle. The latter, at present, occupy almost the whole of Lower Egypt. A few miles from Alexandria, they have a a camp of 3,500 men, consisting of Arabs and Mamelukes. This neat approach has obliged the Anglo-Turkish garrison of that city to double its posts, in order to guard against a surprise. The Secretary of State, Galib Effendi, arrived yesterday in this cap►tal, on his return from his mis sion to Paris. Hellas brought back with him the ratification of the Treaty of Peace by the First Consul, - LAW INTBLLIGVICE. • .COWIT OF EXCHEQUER, 111,01li tqi sikatoms. • JARRETT V. BOVETT. Mr. PLOKER stated, that this was a bill filed by the Rev. Mr. Jarrett, Vicar of the Vicarage and Chapelry of Wollington, in Somersetshire, against ,the Defendant, one, of the parishioners of the parish Wollington, to recover the full value of the tythe ' of hay, and the predial and mixed tythes, Which, as such parishioner, he was bound to pay to the Vicar. The Plaintiff had, in the year 1791, been inducted to the Vicarage and Chapelry, and immediately af ter he was invested with •the Vicarial rights—he gave notice to the Defendant, that he should expect to receive his tythes in kind—the Defendant, as well as the other inhabitants of .the parish, insisted on paying a composition in lieu of tythes, which com position they estimated at only 1201. a year, though the tythe, if taken in •would be equal to 4001. a year. The motive of the Defendant in insisting on a composition, Was hit knowledge of the difficulty of proving the endowment of the Chapelry—the original endowment had been lost, but it was con tained in the Harleian Manuscript. He admitted the Harleian Manuscript was not a medium of proof which could be received as evidencetither in a Court of Law or Equity, but, fortunately for the Plaintiff, he had discovered a very antient book marked A, and having on the first leaf these words—" Ab An no 1270, usq. annum 13911" This book had been found in the Muniment Roimn of the Registry of the Dean and Chapter of •the Cathedral. Church of St. Andrew in. Wells. It contained i perfect copy in Latin of the Act of Endowment. The Learned Counsel then, stated the terms' of this document in the language in which it .vas couched. It was prefaced with the words "In nomine Dei, Amen ;" and as well as we were enabled to trans late, the sense of it appeared to be dated from the year of the Incarnation 13-10, in then 9th Indiction, oh the 23d October. It was in the sixth year of the Pontificate of the Most Poly and Reverend Father in God, by Divine Providence, Pope Benedict the Twelfth, and purported to be an Act of Endowment in favour of John de St. Paul, as Prepositus of the Vicarage and Chapelry of %Vollington, and in consideration of his obedience and submission to the Bishop of Bath and Wells, granted to him and his successors for ever, all the great and small tythes, pre dial and mixed, of the Vicarage. The Learned Counsel having stated .the case, proceeded to the proof of it, by putting in the an tient muniment v:c have mentioned. Mr. RICHARDS, for the Defendant, objected to its admission as evidence. He contended it had no ti tle, which manifested its being a legal document. The learned Barons were, however, of opinion that, as the appearance of the muniment carried such unequivocal internal proof 4, its high antiqui ty and authenticity : further, as it was corroborated by the Harleian manuscript ; as it had bcmi found in thi. registry of the cathedral church of St. An drew, and as it appeared in the books and manu scripts found in the libraries of Deans and Chapters had been frequently revised as evidence, they were bound to admit it. Accordingly, the act or bull of Pope Benedict the .12th was allowed to be complete evidence of the endowment of the Chapelry, and the plaintiff had a judgment in his favour by which he will be entitled either to take his tvtlies in kind, or receive a composition at the rate nt 4001. a-year. This being what is called a Paper Day, it was chiefly occupied in learned arguments, of points of law, which, as the limits of a newspaper will not admit of their being given at sufficient length to enable theM to be well understood, are better al together omitted. COURT OF KING', BENCH, J tx. 2P HOLMES V. WAINRIGHT. Mr. ERSXINE moved to change the venue in this cause from Middlesex to York. It was an action for malicionsly suing out a com mission of bznkruptey, and had been called on at the last sittings at Guildhall, but the merits had not been gone into, in consequence of an objection being taken, by which the Plaintiff was nonsuited ; the whole of the witnesses on both sides resided in Yorkshire ; he, therefore, hoped the Court would consent to have the cause being tried in that coun ty, as the commission of bankruptcy,.which had been taken out in Middlesex, would be. admitted by the parties. Rule to shew cause granted... • Mr. °ARROW moved, that an attorney at Orford should pay a sum of 261. and the costs of the appli cation. A writ had been sent down to him against a gentleman of that place ; he shortly after wrote word that it had been executed, and that the debt and costs had been paid ; he inclosed a note for 201. and a draft for t6l. the amount of the debt and costs ; the draft, however, had been dishonoured, and upon enquiry, it appeared the writ had never been put in force ; the learned counsel, therefore, submitted, that thc attorney to whom it had been sent should pay the 261. Rule granted. BRARD agauta WRIGHT, zed. Mr: WIOLEY moved, that a new writ of inquiry, should be awarded in this cause. It was an action of assault and false imprisonment ; the Plaintiff was a French Abbe, and the Defendant was an Attorney. It SOpeared upon the trial of the inquest, that the Plaintiff had come to this country in consequence of the French Revolution, and had become acquainted, with the Duke de Mcrtemort, on whose account he had received various sums of money, with which he had attempted to make off to the continent ; but the Defendant, an attorney for the Duke, had follow ed him to Brighton, and having, with the assist ance of some custom-house officers, apprehended him, forced him to pay a s'um of 4.001. It appear ed the Defendant had no authority for detaining the Plaintiff, and Mr. 13Mchall, the undersheriff, in his address to the Juty, was of opinion, the 4..501. had been paid by duress of imprisonment. The Jury withdrew; and gave a verdict for 4501. damages. Doubtless by this verdict, they meant that the 4001. which was due to the Duke should be included, and that the remaining 1001, should be by way of damages for the false imprisonment. He therefore moved, on the misdirection of the Undenheriff, that there might be a new inquisition. The defendant had only acted as the attorney of the Duke, but the Plaintiff had been in fact seized and detained by the custom-house officers. If this verdict should stand, the Defendant could never recover the 4001 of the Dujre de Mortemont, because, as the darna. , ges were for a tort, it had been that the object of them could not recover over, and thus the De fendant, who had acted for the benefit of his client s would be the victim of his zeal to serve him. A► rule to shew cause was granted. PALACE COURT, JAN. 28. Before Mr. SERJEANT MARSHALL. KNOWLES V. IVYSOW. This was an action brought to recover five gni. neas for appraising and taking 'an inventory of cer tain goods for the Defendant. • It appeared that the Plaintiff, who is a broker, was employed by the Defendant to value a number of goods at the sign of the Adet;ral Keppel's Ilea, pre vious to the Defendant's going into that house as a pitbliCan. An agreement had been entereu into by Mr. Knowles to do the business for one guinea, but on going to examine the property which was to be appraised, he found he must charge considerably more than a guinea to do himself justice. He there fore told Mr. Ivyson that he must have more for what he was to do, than the sum they had before mentioned, as it would take him three days tq com pleat the inventory. The Defendant immediately appeared to comply with his request, and desired he would go on with his work, saying, if it came to five or ten pounds he should be paid. On this assurance, he valued. the property, and found the whole to be worth about 100/. This valuation not being consi dered a . true one by the Defendant, a second person named Bailey, was employed to appraise them again, which appraisement, as executed by both broken. was to be decided by an umpire, named Hopkins, who once more took an inventory of the goods, and found them to be nearly of the same value as the other brokers had done. In consequence of this, the Plaintiff made a charge of five guineas for his trou ble, and insisted on being paid. The Defendant, however, refused to pay more than a guinea, affirm ing that sum was all the Plaintiff had a right to re ceive by agreement. Accordingly when the present action took place, one guinea was tendered into Court by the Defendant. The witnesses for the Plaintiff stated, that he had been near three days valuing the goods, during which time he had been very diligent, but would have done the business much. tooner, if the defen dant had not constantly interrupted him. , The evidence for the Defendant made it appear, that an engagement was entered into between the parties to do the work for one guinea. . Mr. Serjeant MARSHALL stated to the Jury the particulars of the evidence, and directed. them to consider whether the Plaintiff had actually entered into andgreement, as in that case , they must give their verdict for the Defendant. Every man when he made a bargain ought. to kno w what the nature of such bargain was ; if he did not, it was his own fault, and no blame would attach to the party he was dealing with ; on the contrary, if it should ap pear that the Plaintiff had fairly mentioned that he could not do the business upon the terms stipulated for, it would certainly be just to decide in his far your, and give dentagcs to the amount of the de mand, Tlie Jury returned a verdict for the Dela:dom. POLICE. sow-sr aEET. On Thursday evening, about eight o'clock, as :le Chis Wick errand-cart was pissing tirrorgh Haninier smith, a box belonging to Mr. Motu ys, of Alders.: gate-stre2t, was cut from behind it, and the robbery being discovered by the boy who Was driving the cart, he gave an alarth of the robbery to several pet sons, wino went in pursuit of the robbers ; and when they got into Black Lyon-lane, they found the. botr in the possession of two med, who said they hid just found it; but the persons who had joined in, the pur suit of the robbers net believing the attccr.int, were about to take them into custody, *hen the men ran off. They were pursued o and the cry of Stop thief raised ; and as they pas. - ed through 'Hammersmith. one of the men who had been in possession of the box, exclaimed to his comPanion, with a most hor rid oath, he would do thith both," meaning the tiro men who were pursuing him, and immediately closed with one of them opposite the four mile stone at the end of Hammersmith, when a desperate scuffle ensued. Unfortunately the villain proved the stronger nun, forced his pursuer down, and was en-. deavouring to murder him in the most deliberate and barbarous manner, till assistance came up and se cured the villain. It was some time before it could be ascertained who ,he was, on account of the bloody state his face was in, from the wounds he had re ceivedt He proved to be a man of the name of PIEORON, a servant to a gentleman in that neigh bourhodd. A surgeon was immediately procured to dress his wounds, when on examination he proved to have received a desperate cut from his forehead to the back part of his head, which was crossed with anther desperate cut across his herd, and several cuts on his eyes, nose, and lips, besides several on his hands, which severed two tendons on one, hand, and one on the other. The villain, not content with this blood-thirsty conduct, endeavoured to cut the inside of his mouth, in doing which he actually broke a large knife in his mouth. We are sorry to say the poor man's life is despaired of. The villain who perpetrated the horrid deed wits secured b as well as his companion. They were examined before Mr. BOND and Mr. Rem), at the Public-Office, Bow street, yesterday, and committed for further exam - nation. The villain who committed the hOrrid deed, the front of Ms cloaths were literally covered with blood. The Magistrates ordered his cloaths to be taken frOm him, to be produced on his trial. MANSION-HOUSE. Three persons belonging to the Post Office, yes terday underwent a long examination, upon a charge of having been concerned in secreting letter a containing Bank bills—they were committed for re examination next week. We therefore forbear to state the particulars of the evidence adduced against them. _ _ _ _ The Solicitor for the Post-Office attended the cxa-, mination. Thursday morning a meeting took place in Hyde Park, between a Mr. B. Lieutenant, and Mr A. surgeon, both of the Royal Navy. They stood at ten paces, and fired by signal. Mr. A.'9 ball entered Mr. 8.% right breast and passed out near the left, without entering the inside. The seconds then in terfered, and the business was adjusted. Mr. A. declares Mr. B. in no danger, and proceeded home with him to dress him.—The quarrel arose at a billiard table at Cape Nichola Mole, in the island of St, Domingo, ia December 1797. /I .'f I -- -.----.-- -I