The British Press; or, Morning Literary Advertiser. — London, England, 1803-02-04 00:00:00

ORIGIN/IL POLTR r. ODE TO INDEPENDENCE. ROI, sweet to rove the green-sward wild, O'er happy spots yet undefird, By lord:y tread or pow'r ! flow passing sweet to roll with thee, From N iture's breast—indust'rous Bee Tl:e nectar of ~.tch Tlu• lucid streams that burst on high, From rocks whose suntits scale the sky, Their cheering draughts a ff o rd ; Each sheaf that waves its golden ears, A plain but parr repast prepares, Lh mocks the Tyrant's board. What tho' no tender victims fall, To glut with death the flanribvati'd hall, With purple splendour bright; My bcrie on the wild hills grow, My hall is Heav'ns etherial bow, My Hams—the stars of night. What tho' no symphonies of sound From martial music float around, I love the Wood lark's song ; Fur in.. the Finch will swell Its throat, And Plii:01:11:1, her peerli.z nuts:. Tu please me will prolong• O livlepeorlcnce ! ever free, I'l scale the breezy height with thee, Or &Ire the lowly vak ; With thee Pll tread those r oves retied, Where Puesy, all heavlt-incilied, Recites her tender tile. And there I'll catch the syren Strain, hizli lovea to soothe the bosom'. pain► And vz..int in fiats so bright The diNtant sceties by /tape POMMY T.) heer Affliction's dreary shade With reaovating, 111 watch the morning's early eye, Arid to my rural pastimes f1y...- Vie source of peace and health; 1%1 fence with hawthorn shade arcmini Some little spot of fertile ground !sly ail in life—my wealth Then, Tyrant'. boast thy stately chair; Thy costly robe—thy sumptuous tarot, VY'ruhg from the soul distrest Be none ecstatic bliss to know What sweets from Independence sow, Aud,bless.ns—to be blest. EUGENIO. On Wednesday evening, at eight o'clock, J. B. Too TON RV EF,g. was married, at the Earl of JE R. stv's house in Stratford-place, by the Rev. Dr. NEAvis, by 'verial licence, to Lady F. VILLIERS, his Lordship's fourth daughter. The Earl and Countess of Ji RSEY acted as sponsors on the occa sion, and Lady E. VILLItss as bride-maid. At nine o'eo ' , e happy couple set ( , 41" in a coach and four, Kith two outriders, to one of his I or::3lp's houses at. Kew, there to piss the honeymoon. The marriage Was celebrated in as private a manner at possible. Lord NEwsaz and family arrived in town last • rsigitfreim Thorsby park, near 011erton , Notts. re Duchess of DE V °NMI I E had a select card F ly on Wednesday, at her house in Piccadilly ; among fifty of the fashionable world present we . noticed the following, viz Earl and Countess of CAatasit, Countess of SuruzstAND, Countess of PEMIII.OKT, Earl and Countess of BESBOEOUGH, Lord and Lady G. H. CAvcioisn, Lord DOH CAIO.OI4 &C. &C. &C. The Earl of Dais LET'S house in Berkeley square, which had been for several months under repair, is now fit for the reception of the family. His Lordship ynll return to Town for the remain der of the season on Sunday next. HoLeaort's COmedy, like a new Sect, flourishes hyper:ea/hos. its merits to rat:onal minds are of the first class, but to the admirers of frivolity it can afford little amusement. The audience of last night proves its increasing attraction. Lord PELHAM give an elegant dinner yesterday, to the Cabinet Ministers, at his house in Stratton street; present Duke of Poll' LAN P i Earl of CHAT. HAM, Earl MACARTMET, Lord HAWKESECItYi Lord TITAIIA REIS, Lerd CASTLEREAGH, Marctis de L Count W o itorzow, Chevalier de 13'1,1MA laza,IMA, G enera l CARATOTT, Mr. HAMMOND, MT. ELLior, Bcc. &C. The Rev. Dr. PELHAM, brother to Lord PELHAM, s had the honor of kissing his Majesty's hand on Wednesday last at the Levee, on being appointed to the See of Bristol. 'the furniture of Mr. CAMAC'S hOOtt, in Port man-square, has been estimated at 28,0001. Lord REDESDALL iS expected to visit this coun try, in the course of next month. The stage may now boast of its attractions, when the iirmy, the Navy, and the Bar, are forsaken for it. , Mr. Gouts), the purchaser of the Opera-House, Las already refused 130,0001. for his bargain. The fair Plidaca who is said to have captivated a Militaiy Ambassador, has lately gained a consi derable acquition of fortune by the death of a rela- lion. The two new fire-places in the House of Lords, give to that Chamber of Parliament a cheurful and a pleasant appearance. That below the Bar is sailed in, and is to be considered as a part of the body of the House. rew individuals are at the head of so numerous a family, as that very respectable nobleman, the Earl of GALLOWAY it consists of no less than , fty ore persons. His Lordship has fourteen children, twenty-seven grand-childrem and his Lady, him self, and his household raake up the other nine. One of the great errors into which Captain CAUL /mix, who appeared in the character of H.:ldet, at Covert-garden, on Wednesday, fell more than once, was, raising his two bands above l essen head, and spreading his fingers apart, like the ed sticks of two Lim He should also avoid slaking his head about so much ; it is inelegant, and reminds the audience of a c ommon trick practised frequently by Hariegyiin in a pastorqime. LAZY INTILLIGENCE. COURT OF KING's BENCH, Fes 3. The judgment of the Court was moved for, against Lieutenant Henry Rice, for sending a Chal lenge to Captain Thomas Francis Freemantle, of the Royal Navy. The affidavit of the Prosecutor stated, that he had been Captain of the Ganges, and that the De fendant was his First Lieutenant ; that he had ap plied to Earl St. Vincent to remove Lieutenant Rice, for certain reasons which he mentioned in his letter, and that he accordingly was suspended. That on the 16th July last, he had received a letter from Lieutenant Rice, saying, he had mentioned to his friends his conduct to him when he was First Lieutenant of the Ganges, who were of opinion, it had been unlike that of a gentleman, and that he ought to meet hint and give him the satisfaction which he had a right to, expect. This letter the Prosecutor sent to the Admiralty, and soon after he received another from the De fendant, stating, that his appeal to the protection of the Admiralty reminded him of a little, dirty, snivelling school-boy running to his master, when threatened to be chastised for Isis low conduct. 'lle same letter contained various observations, tending to provoke the Prosecutor to fight the Defendant. The Prosecutor's affidavit fur ther stated, that at different periods, recently, since this prosecution had been commenced, the Defendant had met him in the stmet, and publicly insulted him ; that he was obliged to take refuge in a friend's house, but that the Defendant waited an boor for him, collected a crowd round him, and used language to him of the most insulting nature. Mr. EasetNL, for the Defendant, put in his affi davit, and the affidavits of a iturniier of persons on his behalf. The result of them was, that Capt. Freemantle had behaved with extreme tyranny towards the De fendant, and had taken every opportunity of insult ing and degrading him ; he had denied him the privilege of entertaining his meanest relations on board the ship ; he had damned him, and told him he deserted to be hanged, for a trifling mistake in the execution of his orders ; he had forced him to do duty below his rank and situation in the ship, and upon the whole, had conducted himself towards him in a manner calculated to wound his feelings in the tenderest point. The testimony of several Captains eminent in the service, described the Defendant as a meritorious officer, and a young man of the most amiable disposition. When all the affidavits were gone through, Lord Et.tENBOROVGii desired that they might be shewn to the Officers at the - heart of the Admiralty Board, in order that their might use their discre tion as to the propriety of 'demanding any judgment against Cie Defendant. His Lordship observed, that some circumstances had occurred since the in formation had been filed, which, if repeated, would be visited with the utmost severity. The Defendant was allowed to depart. From the whole of what occurred, it must be rather a subject of regret to the friends of both par ties that the prosecution should ever have been in stituted. From the general tenor of the affidavits, it is impossible for the character of any Naval Of ficer in the British Service, to stand higher than the Defendant's. VIE KUNG N. HAV;EN. - - - The Defendant was summoned into Court to answer to an affidavit, wherein he was charged with falsely signing two muster-books belonging to his Majesty's ship the Brunswick. l'he affidavit of the Defendant was read, which stated, that the Prosecutor had injured his'character, and that he. was innocent of The crime of which he was, accused. Mr. Rascals &Served, that 'the Defendant had been guilty of the charge contained in the affidavit, as he would make it appear from evidence. Lord Et LENZ° ROU Gif demanded of the Defend ant if he was prepared to answer the chates ex hibited against him in the affidavit, or if he would chose another day for that pUrpose. The Defendant accepted his Lordship's pro l s in consequence of which he was rem into custody. COMMON PLEAS, FEB• 3 tOLLARD V. HARRIS. Mr. Serjeatlt MARSHALL moved for the ju dgment of the Court in this cause, to determine w hether the Plaintiff was net intitled to a greater demand than that which a Jury had given him by their verdict. It was an action to recover the sum specified in a promissory note given by the Defendant at Paris, in 1791_—The note was in these Words At seven days after date I promise to pay the stun of 1200 livres, either at Paris, Dover, or London, according to the present rate of interest now existing in this country." The bill was not taken the least notice of until 1799, when the Defendant refused to pay the interest originally stipulated for, on pretence that the War which had taken place between France and England had cut off all communication between the two countries, consequently he had not an oppor tunity to pay the note in question. The Plaintiff,on his refusal, immediately brought the present action, which terminated in his favour, so far as the De fendant was to pay the 1200 livres with the interest, as it then stood upon the course of the exchange. The Learned Counsel contended, that the Plaintiff had a claim founded on justice for the stipulated in terest, and that the Jury had not precisely under stood the nature of the note as it was otiginally tranacted. Mr. Serjeant WILLI...Ns. as Counsel tor the De fendant, stated, that the fault of the non-payment of the note was attached to the Plaintiff, who should have presented it before the commencement of hos tilities betwoen the two countries ; it was eight years after the note was drawn when application was made for payment • the whole course of exchange w as then altered, and the Defendant was acting with honesty when he proposed to pay the note agreeable to the interest then existing for the benefit of the commerce between France and England—more par ticularly so, as no course of exchange was established in France at the time the note was given. Lord ALVANLpY was of opinion that when a note was drawn, it was the will of the parties that the terms should be binding, and it should be paid ac cording to the interest then agreed upon ; no other sense could be entertained ; he therefore thought the terms of the note ought to be strictly complied with. The Court was generally of the same opinion.— Judgment was therefore given that the PLUE,tur entitled to a larger demand. POOL V. COUTEN. This was a question of law, to prove, by the decision of the Court, if the Defendant in this cause could be legally compelled to give up the profits arising from his Vicarage, after having become insolvent. It ' was an action brought to recover the sum of 1801. fur a regular agreement that had been made between the parties. 'l'he Defendant was a -clergyman, and had been put into the possession of the Vicarage of Ilearn-hill. Kent, by the Plaintiff, on condition of paying a yearly moiety of the tythes arising from the living. This engagement had been neglected until the sum came to 1801. The Plaintiff brought his action to obtain the same; it was tried by a Spe cial Jury, and decided by a Special Verdict. Lord ALVANLEV cited several cases, where it ap peared that the Common Law did not inimediately apply to the Clergy, and that their possesions could not he subject to it, without application being first made to the Bishop under whose jurisdiction such Clergyman was living. It appeared that the De fendant, when he entered into the agreement with the Plaintiff to surrender a part of his tythes, was not disposing of his own property, but assigning the pos sessions of his living, a transaction he was not war , ranted in doing ; it was theretbre adjudged that the present action had been irregular. Judgment was therefore given in favour of the Defendant. ST. DOMINGO. The journal of Captain Slocum, who left Port Republicain about the end of November, exhibits details of the audacity and success of the Blacks, which clearly announce what have been the effects of their resistance. At that place he describes the sentinels as being daily shot by the brigands ; and even within a pistol shot of the town they were guilty of every excesss with impunity. Letters of the '27th of Nov. front Cape Francois, mention the art ival of twelve or fifteen vessels from France with reinforcements. The number of troops on board was, however, inconsiderable, and totally inadequate to any purpose of a general attack on the Blacks. Their number is not stated to be above 18,000, and on their arrival they were immediately dispatched to Port Liberty, which the Brigands then occupied, but which it was hoped might Lc recover ed without much opposition. A letter from New Orleans, dated October 28, gates, that no Spanish vessel is allowed to load with any thing but Spanish produce, and that only for France, Spain, or the Colonies. Another letter of the 2 2 9th of the same month, men tions that the ship Matilda, from London, was not permitted to land her cargo, and the consignees of a number of other vessels from Europe and the United States had dispatched orders fur the Cap tains of the respective ships not to proceed up the river, as their cargoes could not be received. It is also stated in these papers, that a rupture has taken placeberween Spain and Americ a,in consequence of the Intendant of New Orleans having issued a proclamation, which deprives the AMericans of the right that they hold by treaty of 1795, of depo siting there the nierchandize which comes down the rivers Ohio and Milth.ripp;, until sold or ex ported to the West-Indies or eleswhere.—The River Mississippi receives the whole of the naviga ble rivers, which skirt the Western Boundary of the United States, and at its outlet into ti Gulph 'of Mexico stands New Orleans. The river has . a very quick descent, and consequently a very rapid current, which obliges the Americans to sell the vessels or rafts in which they bring their goods down to New Orleans, and to deposit the goods for sale or exportation at a certain per ceatum. As this river is the only owlet of the western parts of America to the Atlantic ocean, and it is utterly , impossible for the inhabitants of those parts to bring their predate to market by any other channel, the Kentucky Legislature have delivered a very energetic Memorial to Government, praying it to take prompt and decisive measures to redress the grievance ; upon which, it is said, the American Government has made a very spirited remonstrance to that of Spain. When it is recollected, that Louisiana runs from the point opposite to New Orleans, up towards the source of the Mississippi, until it meets the Ameri can territory, it will serve to explain the jealousy which the Americans appear to entertain of the French acquiring possession of Louisiana, and even of New Orleans. This latter event, the following extract of a letter from New Orleans, taken from a New York Paper, shews to be in contemplation. “ There is no doubt whatever, but that the t• rench are to possess this country (Nt.w Orloan;•); this event will, in all probability, take place in the course of the Spring.' Thus Spain, at the very moment she relinquishes her territory, draws upon herself all the odium of a dispute with America; in which she can have no interest, and of which France will reap all the advantage. Mr. Jephsbn, Member for Mallow, is arrived in Town from Ireland. The American papers to the 25th of December bring intelligence from St. Domingo se late as the 29th of November, near a Month after the death of General LF.CLERC. By the reports of American Captains it appears, that the warfare between the French and tl.e. Negroes continues with unabatAxl fury ; and great cruelties are s id to be constantly committed do both sides. The French still remain in possession of the principal posts on the shore, and some reinforcements hate arrived from France. General Rochambeau has arrived at the Cape, and taken upon himself the chief command. ILOPCMENT.--•A young Lady, highly celebrated for her beauty, and of a very considerable property, eloped on Monday with a Military Officer ; but from some inattention of the Lady, in leaving a letter, in her apartments, she was pursued by her Guardian ; and the chaise breaking down on the road, the amo rous pair were overtaken. A severe conflict ensut d between the young Gretna Green Adventurer and the Guardian, the Lady assisting her pram para mour, who would doubtless have proved the victor, and carried off his fair prize in triumph, had not the interference of some neighbouring Constables been demanded. This reinforcement decided the fate of the day, and the Captain was in the end obliged to abandon the coute..t, avid nuke tan best retreat he could. NAVAL INTELLIGENCE. PORTSMOUTH, FEB. Q. Arrived his Majesty's sloop Aft.rgiana, Captain Raynsford, from !Hand, with volunteers fur the navy ; and remains with the squadron. _ _ Remain at the Motherbank, the ships ifcfive and Pallas for the West Indies; and Bacchus, for the South Seas. The former goes to Trinidad, and has horses on board to be landed on that island. —Wind W. N. W. and moderate. DOVER, Ern 2. Arrived last night from Boulogne, a smal pas sage vessel, Le Success, P. Cornee master. it wlf4 with much difficulty he got out, as the bar as very great before the harbour. The• passse:,: , ,crit were Miss Fortcscue, Mr. Jamener, and M. -; !. ton, a gentleman of Canterbury, who accomp.r.ied the remains of his daughter, an amiable young lady, who died last week, at Boulogne, aged 20. Also arrived, the flarry,•of and from Weyrneuth, Williams, laden with Portland stone, bound to London. This vessel w,.s discovered, by some of our b )atmen, in very imminent danger ; and had they not providentially gone to her assistance, every soul on board must inevitably have perished. Arrived also the Act•we, of Bideford, Captain Brook, with butter from Newry, bound to London. Sailed the Irish Miners, of and from Cardigan, Nichols) with butter, for London; and the Fredneh, of and from Dunkirk, Newell, with oil-cakes, for London. The Princes: if Wales packet, Captain Sutton, will► sail this evening with the snail ; C. Beaumont, and family, and a few others, pass:Tigers. Captain Latimore, of the Nancy, on Ls last pas sage from Calais, picked up a small vessel without name or any person on board, supposed to have driven from some place to sea whilst the crew were on shore. GRAVESEND, FEB. 2. Sailed the Salvadere, for Nantes ; Birm rgham., Lewis, for Baltimore; N. S. del Arausapas, fur Se ville ; Continuance, for Havre ; gorge Van Le!tan, • Klein, for Ostend; .iirtsq, Hunt, and Anna, Popp. ter, fur Waterford. DUND It, JANCARY The Herring Fishery in the River, su inauspi ciously begun, has continued to agitate the hope's and fears of those concerned, till the best of the season has elapsed. For some weeks pasti prices have been ttum iSs. to 'los. per cran; and during the tempestuous weather of last week, few have been caught. Upon the whole, it has hitherto turned out a misadventure; and we have to lament the loss of capital and time, of those who have sought fortune or subsistence in a business which, in this place at least, is new and precarious. GIBRALTAR, JAN. 3. We have lately had some very stormy weather here, and some accidents have happened. The English brig John drove on shore to the southward of Algesiras, but since got off. The American brig Amphitrite drove on shore at Algesiras. The American ship Cora is on shore under Montague Bastion. The American schooner Saba drove on shore on the Neutral Ground. The Moorish sloop Marimona is lost at the back of the New Mole. The Spanish polacre Santitsima de la "alud is lost under the fort at the New Mole. A Spanish pol acre upset off Europa Point. NAVAL COURTS MARTIAL. Extract of a Letter from Tr,:neomale, dated the 9th of May. The Court Martial ordered to try the Captain and officers of I-lis Majesty's ship Le SewUe, assem bled on Friday morning, at eight o'clock, on board the berepiti, the Captain of which (liargood) was President. The. Court continued sitting until past six in the evening, when the proceedings were closed, and sentence pronounced. Captain Sauy , e's name is to be put at the bottom of the List of Cuniniar.ders in the Royal Navy g and the Master is dismierl his Me;' -sty's service. Lieutenant Ca , ey, the Oilicer of the Watch at the time she struck, is hunuurably acquitted. The Court Martial sat again yesterday on the trial of Lieut. Horusey, of the Terpsichore, for mutiny and disobedience of orders, in arrest by the Captain for refusing to lower a. yard, at the time when a num ber of men were sitting upon it, and which, upon being lowered, eccasioned six persons to fail over board. The Court, however, entertained a diffi2r ent opinion of the prisoner's conduct, And, after due consideration of the case, acquitted him in the fullest and moss honourable manner. FROM LLOYD's LIST. ARRIVED. At Hull—the Cate', Jameson, from Nov York. At Clyde —the Aire, Johns•m, from BArnadoes ; and the Caltlicot Castle, Smith, from Qustree. At Leith—the Jean, Kelly, from Leghorn. A: Barbadoes—the At.. 13, balms, from B..istol; Sibella, ton, St. Ya;Lcent, Johusmi, al.d Inc Ec!tirse, Rowe, tn.un Lori duD. At Nl.s: York—the tilraes, Doneran, from Brio)1. At Virginia—the Dunda, M•Gregor, from Lettiti According to a private letter, dated Paris. Jan. 24., the most distinguished Generals are banished from Bonaparte's Court. Their opposite interests disunite them ; and herein consists the momentary security of the Consul. The rivalries which kr . - merly divided the armies still subsist. l'he sove reign title, to which Bonaparte aspires, ought to have united their strength. The respective parties may be thus classed :-. 7 Atorean and Macdonald are at the head of the moderate Generals • in case of ne cessity, Bournonville, Dessoles, and Dumas, although at present in Bonaparte's Councils, would juin them. Massena and Angereau are the leaders of the Gene rals in the Republican party, because their promo tion has had its influence on several revolutionary epochs. Their party is at piesent the most power ful, in consequence of the places which it possesses, of the military divisions subject to iu command, and the numerous supporters it has to rely upon in the Consular Guard. ( lencral Lecourbe, with some others, who distinguished thethselves in the last campaign on the Isiiiiie, form t group separated by jealousy and interested views front Moreau's party. They are even the enemies of Moreau ; and withc: t• being entirely at the devotion of the First Consi 1, they content themselves with being neutral. Tl.e other Generals of reputation, such as Kellerman, Lefebvre, who have never possessed any perscnal pretensions, and who have been dragged a long in the torrent of every Revolution, are perfectly sa. tislied with their si,uallon and their influence, and their only wish is to strengaten the First Consul); power. ,~ • * I ■ I y,.