The British Press; or, Morning Literary Advertiser. — London, England, 1810-08-02 00:00:00

417icaeles-43nt What proof wee there thlt his egerliou was (else ? Mr. Attorney-Geoend, he wes confi dent, would not attempt to say such a thing, as alleged, could not exist. But he says, why not roll the Physician to prove it? In answer to this, he woild tell him, that it was thought imposaiLle that it could be doubted. Fle would admit, if he was not well acquainted with the rule of evident., and had heard such an effusion of elo q uence o,,thot divulged by the Attorney-General, he should be prejudiced egaiust the Defendant ; this was the her be uisived to prevent them from splitting on. Ile would ask them what the Plaintiff had lost by not marrying such a man as Mr. Charles Rubinson ? or what damages the Jury could give agaiust him far three weeks' improper courtship ? The Jury, under the direction of his Lordship, gave a verdict for the Plaintiff—Damages 3,0001. COURT OF COMMON PLEAS, GumomALL, Avc. t. Before Lord Chief Justice NI ANsFieLD mod Npreial Jury. MONTAGU V. JANTIERIN. This was an action for money hail and received. Mr. Serjetnt SHEPHERD stated, that this was en ileums of very great importance to the o ffi cers of the navy. The Plaintiff was Port-Manna at p o eu nn i.utli, and the Defendant was Captain of the Pluto frigate, which was under the command of the Admiral on that station. The Admiral claimed a priportinii of a sum received by Capt. lineman, I'm. the freight of a quantity of specie s which, by the ~ r der of Government, he had taken to Gijon in Spain. This demand rested on the universal and invAriable custom of the navy--and this was the first time. lie helieved, when it had been opposed ; for thoie_vi disputes had occurred at times re lative to the different shares of ditfrrent Ad mirals on the same station, the general prin ciple had always been admitted ; and he trust ed he should have a verdict, when he proved that it was cutotuary for the FliagOfficer on a station to receive a certain quota of the freightage paid to Captains under his command. He had hiMself been Counsel on two great causes, where the prin ciple was recognised. In the first of these. Adtni rrl was the Plaintiff, and Earl St. Vincent time Intendant. In this case a quantity of treasure had been shipped on board one of His Majesty's vessels of war belonging to the fleet of which F.arl St. Vincent was Commander-in-Chief. The Cry taiu of that vessel paid over to Earl St. Vincent, as first its command, one-third of the freightage, as was customary ; and Admiral Parker, who was a junior Admiral in the same fleet, brought his ac tion to recover • junior Admiral's share of the one third so paid over. In the second case, Captain Dmially, of the Narcissus. having conveyed a great quantity of treasure from NM Janeiro, paid to Sir Dame Popham the one-third, which was custom arily given to the Flag Officer ; but he subsequently brought his action for restitution of the mo ney so ptid, on the ground, that though Sir Home Popham was • Commodore, he was not a Flag- Officer. In both these cases, there was a plain re- cognition of the principle for ;Filch his Client con tended. The Plaintiff in the action then before the Court, commanded at Portsmouth, and the Defendant was Captain of a frigate admitted to have been within hisiuriadiction. AVhatever orders may he transmitted by the Admiralty for the direc t on of particular vessels, when the Admiral com manding on the statin s receives such orders, and delivers them to the Captain of the vessel des. tined for any particular service, the latter is act ing under the command of the Achairal, and not under Admiralty orders, as has been as serted. But where the Admiralty wish that a Captain should withdraw himself from the com mand of a particular Admiral. when those °Mere are given, the Admiralty apprize the Commanding Officer of the event, and the Captain, of course, is tendered independent of hi o. If he was not mis informed in what hail been stated to him, and which had been acted upon by ninny of the ant °Seers in the Navy, whom he should that day call to verify theists. he would thew that Admiral Mon. tags was justly entitled to one-third of the freight age received by any Captain under his orders. The Learned Serjeant observed, that he was happy to see such anises brought before them, because they were the means of placing iu letr view those great men to whom they and the country at large were so much indebted. The present action grew oat of the following circumstances'—The Govern ment of this country. deeming it necessary to send a •iipply of specie to Spain, the Lords of the Ad miralty transmitted an order to Admiral Montagu at Portsmouth, directing bin to dispatch either the Sekbay or the Plato frigate, which ever could most conveniently be spared, on the service. The Photo, commanded by Captain Janverin, was accordingly sent, mill the money fur the tirightage aits paid. The Plaintiff demanded the customary allowance, hut the Defendant reinsert to comply with the re spiration. If Admiral Montagu were not perfectly correct in his demand, then not only many of their greatest naval heroes who were then living.but many also who had ceased to exalt. had acted contrary to justice. There had been disputes about the sum to be paid for freightage to the Captain; and cases had also arisen, where. in transhipping Impure from one vessel to another. differences had oc. curred as to the PQM to be paid to the original cmier, and that to be given to Win on board n hose vessel the specie was eltimetely shipped. In coasNueace of the public business being retarded by thole aniiundervtantlang., the Lords of the Al'reasury wrote to the Lords of the Admiralty, re ues:ing their interference; and st was by them di rected. that, into' the date of their order, when ever any iiistruc•ion• were pent to Captains of inm of war, in r-lotion to the shipment of am articles • His Majesty's errs ice , such . itt.triir. (imp. kflootil he immediately carried into effect.— He would tint detvin the Gentlemen of the ./nri Juni:cr. but support the facts contained iii hi. statement. by the et Attlee of many distinguished characters in the :S o ny. For the purpose of .urine trouble. several papers were here read by the clerk ; the contents of which ware selniesced is by the Defeuriane.Coonvel. They welinitted, that Admiral hlontetta, it the time the traniortion took place. Li July Mho. was Continarider-ia.Chief at Portsmouth. and specified the extent of his jurisdiction—that Defendant's vessel was thee within the Admiral's casassud— that nehadant had recei►ed a quantity or &agars um board, to be carried to Spaim--uird that he had receit ed 54111. Si. from the 'rreosury, for the freighh —The order from the Lords of the Admiralty to Admiral Montagu,. directing him to appoint a ves sel for taking out the treasure, and the order from the Admiral to Captain Jauverin, were alto read, and admitted. Sir Boger Curtis, extmined from the Bench, de posed, that when n vessel was put under an Adrui rarsivinmand, both the Admiral and the Captain of the vessel received a letter from the Admiralty, apprizing them of the circumstance ; and that ves sel continued under the Admiral's command, until removed by a similar authority : he bad been forty nine yearn in the navy. Being asked, what was the custom in the navy, as to the apportionment of money received by Captains of His Majesty's ves sels fut freightage ? Mr. Bast, Counsel for the Defendant, observ ed, that the evidence of usage could not be al lowed; because, in point of fact, no o ffi cer had any right to demand freightage; it was a mere boon, gra tuitously given by the King ; and this he would • prove, by documents which he held in his hand, which he would read to the Court. No longer tnan the .Bth of March 1607, the Lords of the Treasury, under the direction of the Law Officers of the Crown, stated, in a rorrelsondence with the Lords of the Admiralty, that o Naval Officers, generally, had no right to freightage." This correspondence took place, in consequence of some of the King's money being Mopped for the purpose or onsweraq a deniunl of freightage, to which the officer con ceived he was entitled. However, 'l' in consider.i, tien of the care and trouble which devolved 011 the Captain+ of men of war who took specie on board, the Lords of the Treasury proposed to allow them to per cent." The answer to this letter, from the Lords of the Admiralty, stated, that their Lord ships had taken iuto consideration the allowance proposed to be given to the Captains of men of war ; and agreed with the Lords of time Treasury, that such Commanders cannot have tiny claim on specie, or say other articles shipped on board their mewls far the public service. But if His Majesty should, in consideration of the usage, allow one- half per cent, to the Commanding Oflccir who har the care dad custody of such property, the officers of the navy would receive it with great respe,l and grati tude." He begged Vie Court to observe the expres sion made use of in this letter ; " the Commanding olh tr who has the core load custody or such pro perty." is specifically mentioned. Surely no person would contend that Admiral Montagu came uudrr that doecription. He was not on board : he was safe enough in Portsmouth when the treasure was on hoard the Plato. In answer to this letter, the Lords cf the Treasury stated, " that they would give the one. half percent." and an order to that effect was sulise quently published. It would thus linear, from the letters both of the I.lrds of the Admiralty and the Treasury, that there was no right of freightage. It was, as he had stated before,a been from His Majesty. The notification of his Royal intentien was parti cularly worthy of' observation. It was addressed simply, " To the Captains and Commanders of His Majesty's ships." Admirals were ant men tioned. Mr. Best then _read the order for the pay meta of freightage. signed by the King, and court teri.igned by the Lords of the Tieasury. It stated, " that it should be paid witliont dedatetiqn, or 'lc counting for the same." On these documents he grounded his argument, that evidence of custom could not 1w received. Lord Chief-Justice. Maosrtet.o—s 4 You need aot trouble yourself, Brother Best, I will certainly receive the evidence. The question is, that this having hero always a twitter of gratuity, and it hay's; been customary to give • proportion to the Admiral, whether the new order has altered the si tuation of the Captaiu? I will undoubtedly hear what the usage has beeu." The examination of Sir R. Curtis was then re someil.--Ilesdeposed, that front - his earliest recol lection of the subject, he had always understood that the Flag-Officer should rereive a share of freightage, as regularly as he did of prize -money, which was also a gistnity from the King ; he had received • share hiinself, but did not know whether the freightage arose from the carriage of the King's property, or from that of merchant.: lie never knew of an Admiral's being obliged to make good any loss which ought occur to the property in the custody of the Caotain ; he had never known • doubt expressed on the subject by any Officer, with the exception of our ; and as the dissimdarity of opinion between Admiral Montagu and Cap tain Janverin was notorious throughout the navy, that instance might perhaps have arisen from their °pr otons being so generally known. Lord Orin liner, examined from the Bench, stated, that the usage had been for the Captain, having the eliirge and recessing freightage, to pay to the Admiral on the ata:imi t-third of such freightage: if there were more than one Flag O ffi cer, a propor tion was given to the junior Admiral or Admirals, as it happened. lie recollected, when he com manded the Channel Fleet, two instances of re. eeiving • share. The one, where • vessel ender his command carried out specie by the order of the Admiralty ; one-half of the whole shine -was re. tamed by him, and the other ball went to the senior Flag-/)fir Cr: the second instance wie.. when be had received, in like manlier, a share of freightage front the Commander of the Comet ; she also car ried specie by order of the Admiralty. lie recol lected • third tranaaction, when lie was on the New funoilland station : a ship went to Cadiz, and r-- ceived merchants money on board ; he received a share of the freightage. The two first he con sidered cases in point; it had been an inva riable custom to receive a share of freightage; hr never knew any difference made between public and private money, with respect to the appropria tion of freighlage. Prior to 11409 there was no alter ation; the allowance was given in consequence of some dispute which took place in the aillediter noiran; it had been abolished for • time: if a wee cheat wished to put private money on board a King's ship. the Captain might receive it without writer:dog the Admiral, hut the merchant must ran she risk of the vessel being perhaps ordered to a different 'dace from that to which she originally was destined: he knew it to have kern door, but it was when there ass a moral certainty of the ship', distiost,ou nor being chang.d. Sir IL Curtis adduced a similar instance. Lord Mood, examined from the Bench, depovd, tikul be hat] uniftirnity andiiii•ariably *ern the of freight:lgo paid, as II thing or ellUrbe : he had receited oae-third of freightage money in North America, the West Indies, and the 31edi terranesn. Sir ILStrachan was sworn, but it was not thought necessary to examine Mr. Serjeent xenxito observed, tart several Captains in the Navy were ready to give theie tear timony. . . Mr. tiegeatit Base—" It is quite unnecessary ; I take it for granted the Captains ai:luot oppose the Admirals." Sir B. Bickerton, however, was examined from the Bench, as to the period when the idiowsuce was stopped, and when it Will again granted—he stated that it was stopped in Jul) 1801„ cud resumed in 1807. _ _ Mr. Serjeant Then, my Lord, I con tend, no action C4ll be maintained ; and, least of all, an action for money had awl rrceivwl."• Lord Chief Justice Ma he point may be saved." Verdict for the Plinntilf--1901. 24. nil—a point being reserved for the decision of the. Judgri. GENERAL SARRAZIN. Loudon, Jul) 30, 1010. SIR,--Rellig one. of your sutoeribers, 1 requeNt that you will *mien in your Journal a letter which 1 hart written to toy uncle, to enable hint to appre ciate the pretended letter of Nladatne Sarrazin. The moment my answer to the other scurrilities of Bonaparte is printed, 1 shall take care to send you a copy, for the purpose of your publishing such parts as you may think proper.-1 have the honour to be, Sir, your mod humble servant, SARRAZIN. To the Editor of Tug BRITISH PRIM. COPY OF A LETTER FII0)1 GENERAL. SARRAZIN TO HIS UNCLII, MIL IMAM, A lICRLHANT IN LENDS. Mosr tiowouaak Unct.E—As the letter attri buted to Madame Sarrazin must have slaruntil you, I hasten to write to you, in °Mee to tranquillize you with regard to the fate of my spouse. Previous to my departure from Boulogne, I. took care to make a solid provision for her support, said remitted her a year's allowance in advance. I cannot give you farther information on this heal at the present moment. Madame Sarrazin is in possession of her family property, which I never touched. A well-furnished house cud wardrobe, a number of jewels, and other valuables, completely attest the sincerity of my at tentions, amid my attachment fur her and my sun. Bonaparte may confiscate what 1 have left at Boulogne ; Madame Sarrazin, I assure you, does not stood in nerd of it. I challenge Bonaparte to publish the letters written to my son. Bonaparte wi.hes to get that ebild within his grasp. This is the object of the letter, which was either fabricated, or extorted by the violence of his ageuts trout Madame Sal-ratio ; an excellem, but delicate and timid womsn. Bintepaite mikes my wife say, that I have been deranged these seven years. He represents her as a native of ilwi4erlanil, though hr perfectly well knows that she lb an English woman, haviag been born at Eavttr. My reply to Dumtp•rte will not •ppenr until the 6th of August, in consequence of • delay in the printing. I shall take care to send you • copy of it. The following feet. which is not stated in it, will furnish you with • key to the hatred which Bonaparte bears towards me : Temyears ago, Madame Murat proposed to me to do as so many other Generals had done, who had dismissed the wires they had tarried iu foreign countries, for the purpose of espousing Freed' ladies. This was at a grand dinner which she gave. followed by a ball. Madame Campan (according 101294 hr rawaar, Bonaparte's mistress of the revels) teas there, with a number the Inuit fascinating of her nymphs. I answered that I was an honest mail, and would keep my wife. On my return from St. Domingo) whither I was sent only in the expecta tion that I should there find my grave), I was cold ly received, and given to understand, that the re ligion, as well is the education of Madams Samurai, prevented . her being received at Court. Madame Murat also refused to receive her. My spouse sig nified • wish to visit her parents, who reside in Switzerland; and Bonaparte having ordered me to set olf, to take the comittaud in the Isle of - Cadsand —to &sect her to join me, would have been to sa crifice both her and my cow to a climate much more pestilential than that of the We of Walt he rrn. From that moment I adopted the resolution to quit the service of Bonaparte, and formed such arrangements as to make their fate independent of mine. But for my wishes to accomplish this oh. ject. I should bare been in England upwards of a year ago. What enrages Bonaparte against ms is, that he cannot tell the public that I am • coward, • plun derer, or a blot khead. My remarks will prpve to him that I am neither a madman, nova bad husband. Though my father-in-law, in consequence of hi. losses in trade, has been able to give me only half the dowry promised - 114.. I am net, oil that account the less faithful to my engagements. Neither pu. hey, nor the desire of miles, shall ever make me seek for • divorce. As Bonaparte causes all letters to be opened, it was requisite that my correspondence should, in every respect, be so conducted, as not only to oc casion ao suspicions, but also to dissipate such as might be occasioned by malice or indisc►etion. I koow that Bonaparte is no less cunning than he is wicked. 1 had to regulate my actions and my writings accordingly. He has been my dupe ; arid it N the mortification he feels on that score, no lees than his fear of seeing himself completely exposed, iii cooseipience of the knowledge which 1 have had these fifteen years of all that has passed in the interior of his family, which has been the cause of the ridiculous reports lie has published re spe, ting me. Until 1 can have the pleasure of seeing you and your family, 1 beg you will accept the hooNge of my sincete deotion. *. 1 have the honour to be. tke. ts,gued, l7. The Elv 4 ll.h flotilla, which eraizes Vetween eliJ V.;:ott, rtudtrs iic ndrigstieu rota. potrcr VIIIOII.IIAIt iriiii.im Nierrt Alia; Ctr,zer was apprehtint e d t i ( ..,, r: charged with %tetitti‘ a linsiry, the pruperty of Mr Utilise Rey', of Bucklauds, in Surge lie *al fully easuintec_ The office& ou searching hies at the time Lc tout Ls i.y cuitnd, thicaart • silver watch cuticeakd on his p, i , k which %as Yesterday Claimed by Mr. %Valiant Medi c , ,:s,', ael.i.les at Baukh.sta, ia Saw:. Mr. Mee , lle sintad, th.o ,L. l's.U.oner bad stulot it from hies. Ile was therefore lini.i.4 utcr to prtaccate the Prituaer at the taaaiag Assize,' I NAVAL I4tIiiiLI4EACE. PoonaiouTn, at,., 31. Arrived the Active schooner. with Gun from Li, bou ; sire sailed from thence on the lOth inst. rice. had been received there of the enw ere , f Ciudad Rodrigo, from the Spaniards, by the Freuvi l army under Marilral Massimo: nothing farther hl4 occurred, as the enemy bad not edema ed in i nos e , quence of their success. Arrived also, the coa t i store ship front Rio Janeiro. Sailed the Rifleman, of 18 g-sus, Captain laws, for Guernsey; the Pheasant, Is gulls, Capt. 1n., , for the Westward ; the Naiad, ~ti guns, Capt. Ku, tor the opposite coast; and the Rapid 1111 ones, Capt. blather, and Pheasant, on a cruise; and the Maida frigate, off Cherbourg.—Wistd W.S.W. PLYMOUTH-DOCIL, JULY 30. Arrived the President, 36 gnus, with specie bo w the Brazils; Seine frigate, Capt. Atkins, from ;h e coon of France, having re-captured an Entlsh West llndininan in the month of Brest hnibour.—. Came in also the North Star ; she was driven bak by the strong S.W. winds, which hate prevailed ha the last two days.. Arrived also the Anierrai, hog HOT, Irons New York, bound to Rourdeni t x sick 9.5 ladies and gentlemsn passengers, detained oil Thursday last by the Emerald, 36, Capt. Maitland, —These passengers, it is said, escaped from Gus. ilaloupe to America, where they had the brig built on purpose fur their conveyance. Sailed the Niemen frigate, Sir :%I.Seytno:ir, Bart. Captain, wish dispatches for Lshon ; sod the Cheerly gun-brig for Guern-ey.—Ako, the ilt:irt (cartel), for Morlaix ; and Peanck sloop of war, with a consoy, for the Downs. treen, JULY 011 Sunday night a whaler, i.i pas.M 4 lair, „" spa boarded by a French privateer, rite crew of which held possession of her for half an hour; in the end, the Englishmen r•ncceedal in dar:s 4 the Frenchmen back into the smvateer; Mimi; which, we are informed, tithe of he Freoehw•n, and two or three of the English were killed. T , flashes from the small arms, which appeared to Lie the only ones hired, were distinctly seen fur a car. aiderahle time. Two large bags of levers were brought not shsre to-lay, and earned to the Post by the crew 4.f the Custoinboese4soat, ►tationed here. They are hoot Gibraltar, and were sent in a faat-sotliag schooner, armed for the parpwe. Transports are expected in here every hoar. to take on hoard four companies of the Art:reir, said to be for Portugal ; oue couipa3; has already marched in. Yesterday mnr:ing died, at his house is St. James's Palace. Wbl.Vi . y snow. Esq. a t test 67 pan.. Fast Master Cook to the Mao, after war ,s 3 years houotirable and faithful discharge of his duty to hi, Reps! hi-tater. He was apprenticed in Ile MAJINTY when he DIG Prince G4oans. as ars it custom in those days ; and OD flu MAJESTY reeding to the thro.,e, he appointed him one et it.: Cooks; and from his good and meritorious conduct. he fo4e to he First Cook. A lady of title, who has male a great noise in the world. and 0 ho hus a con-iderable fortune in thu coontry.is said to have taken her departnre for l'erN where she will add to the spletulkur of the Count cf the Theilleries, provided she is pii.nitteil by fix young Empress. CORN EXCHANGE. Avon? I. —— - - Toffy ilisere arc several rilAber arrivals dicweir with coasters:4 ou hand, chiefly second sod interior, the latter very hoary sale; but fine Seeps its price; prime Dastsic,l,l4l per quarter. Barlei little in 40114, sod at the late redoetiou. Malt and White Pres lilies Ole bat few Geey. Beaus, of the two kinds, supp...rt their Fiera Outs alas, and is twiddling supply. Flour at little variation. ..sis In A., , • CURRENT PRICE OF GRAIN WU,* ........;lis gos. ii*4 Floe ditto i ital. Iles Rye sig. 4S$ bell" 32s. 4411 Nall 7Os.lltss While Peas i ••.. 6u. yes (boilers) Grey Peas SOS. 1;s Tick dittu 01.11 314 Poland ditto ..... 3.01. Potatoc ditto ..........:t4. Rape heed Ft.. Floor 104 Sactoods poa gas COAL MARKET, ACGVIT I. ship•. Skips sold. ham• • Newesstie C00l .... • I..Sunderlaud PRICE OF STOCKS YESTERDAY. Bask Stock soSti a per Cent. Reisseil .... • 11 .1 per Cent. CUM* «,1 • per Ceut . •• lISS s per Cent. Navy . Sigti I.e•te Aensitiee °ammo • .., ii I del. loths Bundy U as rem. Exc bequer Bill. a 7 Ora . English Lottery Tickets lia is Cuusa. fur .. T. pin", iteek-ereker, 4, Camila. sad S. Claring-eas. BIRTHS. Thrush', in Hones street, Merrion-oguare, Dahla, 68 Hue. Mrs. Harvey, of a daughter . Latch, the Lady of Edward MarPG ROSA', Esq. of Wm pole.strett, of a son. Fs Hill.stroart, Berkeley square, the Lady of G EN of • sou MARRIAGES. Eduard Sinter!, Fan. of Pashanseni.street, Wratinoro•r , to Mni Drookoliank, beireni of the late IVillialn Biouashaol. Rag of Beach, in the toasty of Chester. thi Thai. isv, at Wesdinry.npois.Triin, Jersontah Hough. ton. Log of liwbhq to MISS all. of 614410.BAftiOp• DEATH. On Tivsdry loot, at his haling, West asoreland dre t, Woks aged ao, Jahn Ball, E. eldest ono of .1 Balr I , of lisderstreet, and Fripal. to B. Brew, Eoq it& Olen WATER, Tlllll DAY AT LAND ON Rem i• =is Airs I mo . sit aim Am 3 LOWITION .....;40.41 by C. ltffll 11, Xa I,Cleolirotb- fool sS NA. Is, Bork of Ik Citeast% Cbvick • iff J. WHITE, R rre place se! rhiw° , r , • ;law MO , 1 t 0 PENN 10.41 Re soma, Goi!t Fr •Nri I: a All. - • math by D *am wee F. trim Jew yen , AM Sorts. Fl