The British Press; or, Morning Literary Advertiser. — London, England, 1805-03-21 00:00:00

ot have both been tyamined, and have Lotl ' made their defence. then can the Report Of the Commissioners of Naval Enquiry be called, as to them, a repr:t upon ex-parte evidence and if our extra.% embrace the whole merits of their case, why is their impartiality to be ques tioned, because they do not embrace all the mat ter of the tOth Report, much of which is irre levant or superfluous. If any Print in the interest of Viscount Migt.vi I. I. r or Mr. TROTTER will point out a , :agle argument or fitet to their advantage, which w have suppressed, then we shall submit to the relleaion attempted to be thrown upon this Paper for the ItitlifuLdischarge of its duty. Another Evening Print of yesterday, under the head of Dublin, March 16, says:— " Mond ,v niliht Capt. Wilson, that remarkably active Chief P. tee ()le.:, serpriseil, at the hone , of one Conl in, a publi ..an, at the writer of New-rear and Ward** hill, in the l.iberh, journeymen blik•weaven, whe had before them, in council, an account of money colleted from different persons of their ism trade, in various parts et the Liberty. Thoilzh reprelien- , table the mtssure of raiving money for the purinee. of combi -131111011, vet tips was supposed to be for contributing to a much wolie poroose. At the head of this junto was found one Leech, who MU some time since whi pp. 1, pursuant to teuteneo, for treaormable priettees. These were benught before the Su• perinterulant hf..gi Arate, and underwent a very strict e..ami tuition. There beaig, however, no poii:ti-e proof, as to what purpo•ie the money colected its intended tor, they were dis• charged, after ring •iifficlent hail." For since Mr. Pi r r refused to present the Catholic Petition, we have been in daily expeaation of re ports of the most horrible treasons and crimes re cently committed in Ireland. We could not, there fore, be surprised at fit.ding the above account in a Paper notorious for its misrepresentations of the state of that country. We could not so soon forget how dexterously it lately cut down a wood where a wood never Crew in the county of Wexford, for the pur pJse of making pikes, and with what ability it drew up, in battle array, 30,000 rebels in arms npon Leighlin Bridge. We have here, in England, combining journeymen tailors. weavers, boot closers, printers, and pressmen. No London News paper, however, attaches to their meetings any suspicion of treason or di,affe.ftion ; but, in Ireland. no doubt, tra&smen eso rich and so pampered with ail the luxuries of like, it is impossible that they could c rrplain of small wages, and therefore, when ever Car combine, we may be sure that treason is on too:, and that they mean to overturn church and state. Pur g the ohjet for which this story of new treason in Ireland has been told, and twenty others will be speedily invented, the same Paper. alludii.g to the notice given by I.ord GRENVILLE and Mr. Fox of their intention to present the Ca tholic Petitions, says. The Catholic busmeo ha, thus !wen sada a pasty busi ness, and the peresifig the diacite.:Jo of it, at the protons periol, wilt ap,...r to the country to have proceeded more from ;seminal animosity to M.. Pitt dun from any greet pnit • aiple of policy or re.l regard to the Citholist." This is precisely what we expeded. Wc long since foretold that, if Mr. Par should refuse to present the Catholic Petition, and the task should Jevotve upon Mr. Fox, the Ministerial Prints would attempt to identify it with the cause of Opposition, and aff , d to consider it a party question. Mr. Fox voted for the Abolition of the Slave Trade, and yet, that has never been regarded as a party question. How then can Catholic emancipation be fairly re proached with that charaCter, merely because it has Mr. Fox's support? The position is illiberal, un tenable, and unjust. Some satisfactory details respe.ting the Mediter ranean fleet of merchantmen are given in the last page It appears from them not more than three ships at the most have been taken or destroyed by the French. Yesterday, at two o'clock, a Cabinet Council Was held at Lord Mut on avc's Office the Rossi APt BASSA DOR attended the Office at the same time. Yesterday a Court of Dire torn was held at the East India (louse, when Marquis Conswa tits was introduced, and took the oaths, on being appointed to the Government General of Bengal. Captain Tiros' •S GARLAND HURRAY took leave of the Court previous to departing for St. Helena and Bengal. The Court adjourned at 6 o'clock till to-morrow. Lord RtDZSDA LE is daily expelled in town from Ireland, to which country his Lordship will not re turn until May. Tuesday Admiral CORINNA I f. It struck his flag on bend the Ville de Paris, at Spithead. He is to he succeeded in the command of the Channel 1. feet, which has resumed its station off Brest, by Lord GARDNER. His Lordship is now in town. Early on Monday morning the Channel Fleet got under weigh, and sailed from Torbay with a fine breeze; but, just as the post was departing on Mon day evening, the fleet were seen returning t.) port, for what reason is not known. We hear it is intended by the Irish Government immediately to have two encampments formed on a stray extensive scale, the one at Cork, the other on the Curragh of Kildare. Sir Titowss Taoualiouz is expeeed to sail in the Weldssint, in the firseweek of April, and to take tinder convoy the diren China ships. It is said that a large body of troops will be embatked, to restate t. late losses we nave sustained in India. . ANCIENT MUSIC. The Concert of last night, under the dire lion of the Earl of DARTMOUTH, was honoured with the pre sence of Their MAtesrtes, and the five PRINCESSES. The Prince of WALES, Duke of ('A .I EItIDGE. and Prince W st. of GLOUCESTER, sat in the DireCtors box. The room was crowded with subscribers. The seleCtion was very judiciously made by the no ble Earl. Mrs. BiI...INdTON had two sngs, ex tremely well suited to her peculiar powers, Sconw. into andai eagande, by BACK, and Lei Me luse, SernpAims. To the former she was most admirably accompanied on the violin, by Mr. Osamu*, and the latter on the trumpet, by Mr. Heise. Misi TENNANT warbled must charmingly, Gentle Mos phew. SOH of -4141 a, from Ells's cele brated anthem of Aseethe unto the L soul was performed in the most finished style. Mr. GNI:ATONES played the introduEtion on all the 41:lawns of the organ, the largest pipes of which are 10 inches by 12. It had a very solemn and grand effect. The veise parts were most admirably supported by Miss Ttsi v ANT, Messrs. HA itaisois, BARI - LEMAN, and W. Kmv v ET. The well-known Latin lines of " Amu m , dvmum, tints( dURVI 01 ." were most admirably sung by NIiSS TENN ANT. Messrs. i 1 A RiitsoN, BARTLIE Al AN, and W. v • tr. They were encored. These lines arc well known at ‘Vinchester, having been written by a youth at school there, during his confinement for a fault in the holidays; in conse quence of which he wrote the lines alladed to. arid pined so much after home, that he died of a broken heart. Mr. HAR nisoN, although much atilided with the gout, was in excellent voice. 111 , see ai ens era- Isee evi:fl (11 , ! Mu' :13 1- ime t. le4. ink Ittcc 5(• our wtt em- the Nice ord.. tram. , dr- the I•ice. did Ire. Mr , rt 1 ae aJg- to r• A OR.ITORIOS. The performance of the sacred Oratorio of The Mecnah attraeled a very numerous and elegant au dience, last night, at Covent-Garden 'Clieatse. Mr. 'hall AM opened it in a very excellent style, and judiciously avoided all thit redundancy of light embellishment that takes from the grandeur and sublimity of this species of music. All the Perfilrmers appeared to much advantage in their respeihve airs, particularly Miss Aluxt?iiv, in But thou &de not Imre hts sod is MI. I'he fla!- Iskal , Chorus was eaeored. CATCH CLUB. This respeCtable Club, which is so liberally sup ported Sy the Noblern.fn and Gentlemen. members, had a very numerous meeting at WI Rooms, on Tuesday evening, Mr. 'Norte Wasi. in the Chair, and Mr. Gosi.ING, Vice-President Among the professors who suppottesl the Cati.bes and Glees of the evening, were, Sai.P., jun. BARTILMAS, hia It RISONp NIILD, Cost, &c. Yesterday, about twelve o'clock, His MA lesr visited the Princess IA WALES, at her house on Blackheath, and remained with Her Royal Highness during the morning . ; and, after dining with Her Royal Highness, set otf fix the Queues house about four o'clock, where His NIA/CITY arrived about five o'clock. In the evening, the ROTAS. FAMILY honoured the Coacert of Ancient Music with their presence. His Royal Highness the Duke of CASIS2 , DGE Was in the Duchess of Guituos's box at the Opera on Tuesday. The Countess Of POETIMOUTH'S Ront at her house in Lincoln's-Inn-fields was numerously at tended last night; her Ladyship receives company every Wednesday. The Opera on Tuesday night was very well at tended ; Mrs. Btu.' soent4 WAS in fine voice, and looked admirably. It is said the Court will certainly go into mourn ing on Sunday for the Dowager Queen of Paussi A. JANIS NIUSGRAYM, Esq. has arrived at his house in Wimpole-street, from B.trnsley Park, Glouces tershire. There is to be a rider to Mr. Fos ma's Bill, for making a tornpile road between Dublin and Holy head. requiring that it shall be / Heed with blibraees. Lord Rivets arrived at Nesor's Hotel last even ing. The St. James's Volunteers will be inspected this da M y. rs. Vir.t.ixas, of Kwth Audley-street, gave a grand rout last night. The Marchioness of He A OFO RT ' S rout this night expeCted to be one of the most splendid of the season. Signora Sro ACT., in her cards of invitation for the let of April, promises a variety of sweet sounds to her guests. On Tuesday sc'nnight the tragedy of Duaglah with the entertainment of Raivng Me will', were performed at Voolpit, Suffolk, by the young gen tlemen under the tuition of the Iffy. Mr. Cosuitoi for the benefit of the poor of that parish.—The cha rakcters were admirably filled. The Earl and Countess of Nrwariacrt arrived froin their seat in Sussex yesterday, at BA TT'S Hotel. —Also Lady Joan Camtart.s from Scotland ; and SenwanT, Esq. M.P. from Ireland. The Ear! of SMOLK has returned to his house in Haley street, from Seven Oaks, Kent. The Westminster Cavalry had their Anniversary dinner yesterday at WILLIS'S Rooms. It was given in a most superb style; they elta•ged And re-rharged, and concluded the engagement with mirth and good humour. Colonel Moto,. ts has taken the house, late Mr. Scot's, in Queen Ann-str , et. A Gentleman, walking through the City on Wed nesday evening, was induced to enter a church which was lighted up. The Clergyman was in the middle nf a Sermon, which cawed hint to ask the Pew opener, whether it was a Lent Sermon ?—the old lady, with some indign.itinn, answered,s• indeed, Sir, I would have you to know, that it is of the gen tlemin's own wrtling, he nester lorr.nr, a Sermon. The small but delightful spot, called Collii , g's Haase, situate ten miles tram Plymouth, on the 'seeks of the Tamar, Is at present without a tenant. Numeral's applications ‘s ill of course be made 101* the possession of this charming residence, which commands one of the most picturesque and delight ful views of tbs sea And adjacent cocatry, that ctis In imagined. • d;ILE OF Ar a tHCOn'S HOUSE. Yesterday, by two o'clock, Mr. Phillips's Auc tion Room, New Bond -street, was crowded with Nobility and perarns of Distintaion ; after the sale of several choice lots of china, statues, &c. about two o'clock, Mr. Phillips proceeded to state the par. oculars and conditions for tlrl sale of the elegant house and furniture, in I lill-street, Berkeley-square, ' belonging to Mr. R obert fieatheree, which has, of late, so much attra Fttid the attei.acin of the fashion• agile world, The Antlimiter referred to the full printed particulars, which were in the hands of the company, for the minute description of this elegant mansion, held under a le.v.e from E:trl Berkeley, I,r an unexpired term of 39 years, at a ground rent nt t 11. 7s. 6d. ; and, he stated, that the cost to Mr. 1-leathcote had been as follows—for the lease, 60001. to Mr. Cundy, the architea, whose taste and jadg ment had been so conspicuously displayed in the new arrangement and fitting up of the house, and par tictilarly in the erection ot.the new and superb li brary, &c. 63511. ; to Messr :Marshall and Co. up. bolsterer s, for furnishing, in their most tasteful and elegant stile, 60201. ; fur lookiiig.glasses, 15001. ; for chandeliers. 4821. ; to the artist, for painting and decorating the Egyptian Hall, 5101.; and for stores, and sundry fixtures., 2001. ; making together, 214t;31.; for which expenditure, he WAS ready to produce the bills, should the purchaser desire it.— , At the request of two gentlemen, who afterwards appeared to be bidders, alterations were made in the conditions of sale, requiring a deposit of WI. per evil, only, allowing three to six months for the pay ment of twnsthirds of the purchase-money, on pro per securities. After stating, that every article in Mr. fleathcote's house at present, except plate. jewels, ,inen, books, piaiires, wines, chin glass ware, and apparel, would go to the purchner, the bidding; commenced with t;,000 guineas, un which several:advances were made from different parts of the room, till they got up to I 0,0(X)I. when the con. test lay entirely between two gentlemen, who were rather tardy in their advances of 50 and 100 gui neas at a time, till at length it was knocked down at ltvel.e thrums' su;neas, to P. Phillips, Esq. Before the disposal of this lot, the room became so full, that the door was thrown open, and the landing on the stair-case was literally filled with gentlemen and ladies of rank, who all seemed eager to learn the fate of this much talked-of and elegant mansion. There will he a gr musical festival at the Theatre of the University of Oxford on the 26th, and 27tts of June. They will be the first musical performances in that Room since those at the Installation of the present CH•ACkt.Loa of the University. Monday night The Soliitev Dtrughter, and The Pricy, el- al Lirst, were performed at the York Theatre, by the desire of Mrs. CIIOLML IV ; and to morrow will be played, by desireeof the Marchioness of CLANNICARDE, Juldn Bea. with Love Laugh, a! LIM/ ftniihr. Their Excellencies the Fort and Countess of la tOWICICL intended honouring the Dublin The atre with their presence last Sarni day, when a new divertisement was to be presented, ion the purpose of introducing the celewated Italian Pandean Minstrels. Marquis COtIrWALLIS was yesterday most ek gantly entertained at the London Tavern with a farewell dinner. His Royal Highness the Duke of YORK, the Members of the Board of Commis sioners for the AlTairs of India, the great O ffi cers of State , and a number of distinguished persons in the higher circles, were of the company. The Rand of the Brigade of Royal East India Volunteers attended, in full uniforms. The following profes sional gentlemen were present, viz.—Messrs. Dio- Nef4, HILL, MALI), TAYLOR, SALE, 'ACTS, GIS. lONS. and Master K 21.1. 1 ,4111. The Duke of Sussex's indisposition, which pre. vented his presence at the late festival of St. Patrick, arose from a slid !en and violent inflammation in his eye early on Monday morning, and for which his Physicians applied a strong blister. rlis Royal Highness, though he bad but little rest on Monday night, was, we have the satisfirdion to state, consi derably better yesterday at noon. On the 13th instant, tho non-commissioned offi cers and private: of the I 0:h Company of Inverness. shire Militia presented Captain Jolts Si Meloo with an elegant sabre. Tint following inscription, hand somely executed on the blade :•—•! Prevnted by the Non•conirnissioned Officers and Privates of the 10th Company of Inverness-shire Militia to Joffe Sim esov. Esq. in testimony of their high reaped and esteem for him as their Captain—M.s." Rosedale, at tbe entrance of Richmond. from Kew, the property of the late Hon. Mrs. BoscAW Ev devolves to her son, the Earl of Facstou rat 'Thi s w.tc formerly occupied by Mr. TtIO MOW, author as 'I he Stnewo, Sec. who was interred in Richmond Church; the table he wrote on, his chair, and cane, arc now in the house. A Morning Print of yesterday, with more can dour than good sense, condemns its own account of the celebration of the Anniversary of St. Patrick at the Crown and Anchor on Monday. If that ac count, which was given by its best reporter, was so horrible, what must be the rest of that limier, Paper The business of Thetford Assizes commenced on Monday, there was the tidiest attendance ever remembered, scarcely a bed being to he procured in the town; 11r. ERSKINE, who is specially retained, and other Counsel, being compelled to take up their abode in enrages. Twenty causes were entered for trial, of which seven are to be decided by special Juries. Only two had been tried at the Court's breaking up on Monday evening. On Puesday night, between eight and nine o'clock, as Mr. Se rri.s and his Lady, of Lomond's Posh, in the Borough, were coming to town in a single horse chaise from Waltham Cross, the? were stopped near that place by tin ee footpads, who robbed Mr. SETTLL of six pounds, and the Lady of her watch, with which they made their escape. Messrs. RCINACILL and Bastxa's beautiful View of Rowe, which has long deservedly experienced the flattering and universal admiration and patronage of the lovers of sublime painting, is to be withdrawn fum the PANORAMA in the Strand, on Saturday next, to give place to a ref:, of the Re;, of Naphl, MONIII rCiarigS, and neighbouring objeEls ; but the Painting of Sir SIONI-V SMIS N s Esiverment with the engine's Flotilla of Ostend is to tertian open foi public inspeflion. L.IW INTELLIGENCE. 4 A. „r 0.. CIIAMCERY, WEDNESDAY, %Cuter 20. nticie's 9. THE $11140? Or DURHAM. This t. as .tn Appeal by the Defendaer against the decree el rlie Master of the Rolls, under the lolldw ing circum,tnnkes: The late Mxc. •Ann Scracherodi, by her last will and testament, atter a variety of other bequests, I devised the residue of her lare property, amount ing nearly to 10L . 0,00 the Bishop of Durham, in trust, to be applied in acts of benevolence and libe rality. The Bishop iceordingly applied the in crest of that residue in such ads of charity as he consider ed to be comprehended in the words of the will, And the intent of the testatrix. Tee Plaintiff, as the next of kin to the deceased, filed a bill in this Court for the recovery of that residue, and the Master of the Rolls being of opinion that the true intent and meaning of the testatrix was not suificiendy express ed in the words of the will ; and, that the words benevolence and liberality, without any farther ex planation, bore an indefinite signification, not sufti , eient to ercone a trust for any specific ptarpese in t,.c KisiSOp ; his Honour decreed, that the property should go to the Plaintiff, as next of kin. From this decree the 'defendant appealed, and the cause came on to he heard on Mued sy last, b •fore the eci A sicEi. Loa, when it underwent a very long aild able discussion, by the As t °ever GILSEILAL, M,. RICK ups, and Mr. MARTIN, for the Appellant ; and Messrs. Rustle Le and BELL, for the Ite owl-l ents ; in the course of which much legal and logical reaconiag, were displayed by the Learned Counsel on each side, upo the question , whether the words 44 ads of? , bersatAence and libetelity." could be considered AS meaning " a&; of charity ?" For this put pose, Authorities from Hole Writ, irons Cicero, Dr. Paley, the Statute of Elieeiseth, and a number of decided cases, were citc.: The argument was resumed this day by Mr. , BicHAßos, and, ter some further d seussien; The Lose CaANcet.Lqc observed that, in the present case, the first thing to be considered was, whether the testatrix meant to create a trust, or to make a bequest ? If the trustee were not com pellable to execute such trust, the will must he read as if no such intention existed; and, when the tes tatrix did not Arse surlicieetly that she meant to create a trust, the purposes which the uuster is to execute became so uncertain and SO indeicite, that it must be supposed the testatrix left it to the dis cretion ef the legatee himself; 'and, when ohjefh of such an indefinite more occurred, it had ben the practice of the Court to consider that the mind of the testator did not mean to create a trust. it the devise had been made upon a trim hreeett -r to be declared, or upon a trust which had fettled, then the Court could interfere wie. respe.Ft to the (lisp( sition of such devise, though the se.:ai might be .occie what indefinite; but, in sues c:a s as tee pre ent, the Court could only lea to the will itself, and he cop. sitiered it was'impossible that the Bishop could Leld the trust for his own use aid benefit. Her: Mr. Rioters's ob_erved us his Lord hip, that the Bishop, both in this Coust and the Rolle, had intimated, that he ailed merely as a tt wore. The Logo Criaecet so a resumed. The ques tion then, he said, was, whether this trust had born effeauAlly declared by the Testatrix, either wheller or in part ? Much argumesit and much elicit:ism had been made use of with revel to the true con struaion of the word: t• benevolence and liberality," and it was to be considered whether, wparsitely or taken together, they could he considered to amount to the meaning of asks of charity. His. Lordship adverted to the several cases which had been env+, and dwelt patticulaily up :n those of Mr. Bradley's IVO' mad the Welch Charity, where funds were created for the purchase and distribution of honks for the propagation of the Gospel, and the circule tion of religious and pious *teaming. Upon those cases there remained no doubt; the intention of the Testators was dear, and the very words of the will called it a charitable purpose, and Cie Court ailed accordingly. It was the maxim of lewd Thurlow, that if there was a trust existine, it roust be such a one as that the Court can interfere, so as to reform mal•idministration, or administer due administra tion. 7he question then resolved itself to this, whether it was a gift to charity in general, as it was uneerstoosl by the Conn ; or, whether it was a gift going beyond those purposes which the Came con sidered charitable ? ft th- tormtr, the Court would have told the bishop in what it was to be applied ; but if the Later, it was too indefinite for tile Court to penis ounce or trust upon. It the real meaning of • the words "benevolence and liberality" were, in their technical sense, to be considered as meaning efts of charity, all theiconsequeretes must folluw ; hut, if the Testatrix meant to go beyond thi•, and give the Bishop a discretion, not merely for his ou benefit, but a discretion so indefinim that the Ci.urt could not all upon it, then it came so the point s whether the Testatrix meant to create such a trust t U; on the whole of the case, his Lordship did net think such was the intention of the Testatrix t iie considered that the words of the will were tou inde finite, too vague, and too uncertain, to create a trust in the Bishop of Durham ; and, therefore, he WAS of opinion, that the decree should be aflirnspd. The Bishop of Durham was in Court during the argu ment on Monday, bat his Lot &hip did not atteuil the judgment this day. KANT .fiSSIZhs. AIIDSTOME, TUESDAY, M•ICH 19. Mr. Justice HSATM, and Mr. itlstiEv kut.st. 2:- rivein town last night, and opened their Commii sirm for holding the Assizes for this county. "Ihis morning, after bearing Divine Service, they pro ceeded to business ; it being, however, rather later ' than usual betore the Courts sat, nothing very ma terial .vas done to-day. FARR V SOMMERS. This was an aftion to recover the value of Sa cwt. 2 quarters of hay, sold by the Plaintii to the De frustum ; but, it appearing that the hay was to b of prime quality, and to bt delivered at Deal der ricks within a limited time. which condition was nut pertio erred, the Plaintiff wAs aonsuited. OILPIN Y. (.11.ACI. Tbis was an ailion of trespass, tnr pulling down some old houses of the Plaintiff's. By the evidence, it 4p i ßeAred that an ut..cte of the Plaintiff's was the A preprietOr of the premise: in qisestion, winch coo- re till- IBn clp rm to,