The Sun. — London, England, 1802-07-03 00:00:00

i NAVAL ATEI•ks. 1 PORTSMOUTH, JULY 2. ARRIVED at Spithead (after post) the Ist His Majesty's Ship Pique, Capt. JAMES YOUNG, from Minorca and Gibraltar, with a Company of the Royal Artillery, embarked at Mahon the id ult. and a Detachment of the sth Regiment em barked at Gibraltar the 15th ult. She sailed from Minorca on the zd June, where she left His Majesty's Ship Ciesar, Rear-Admiral Sir JAMES SAUMAREZ, Bart. and the Ponsolle, Alli gator, Bland e, Eurus, and Thetis, flutes, with Transports sufficient for the reception of the Troops and Stores on the Island, which were nearly em barked. The Gener eux and Europa had sailed on the 14th of June ; the former with a Regiment, and the • latter with the rst Battalion of the 4oth. The Europa had arrived at Gibraltar, and the Genereux Was in sight thereof when the Pique sailed. The Fortdrojani, Admiral Lord KEITH, weighed_ late in the afternotin of tbe 15th of June for England, but the wind shifting to the S. W. it is believed she could not have cleared the Gut. The Pique spoke Hi s Majesty's Ship Dreadnought, Captain v As "trt off Cape Finisterre, on the 16th ult. hav ing on board the Second Battalion of the Fortieth, all We l l. H is Majesty's Ship Mermaid sailed from Gibrzi: ta r the 15th June, With His Royal Highness the I) uKE of Sussix on board for Lisbon. The Royal D UES) with a consideration which does him much honour, forbore the display of the Royal Standard onboard the Mermaid, whilst in sight of the Squa dron in the Bay, and thereby pret'ented the firing of th e Royal Salute, which was in readiness for the occasi on. Th e Quarantine Laws prohibit the immediate landing from the Pique of a most amiable and ac complished Stranger, from Gibraltar, who left Eng land when an infant, and now returns as the Lady of Capt. YOUNG: Lieut.-Colonel FYERS, of the Engineers, having by the Articles of Hymen, placed tinde r the command of the fortunate and meritorious C aptor of the Galleons, his eldest daughter—the universally acknowledged ornament of the Rock. Names of the Officers commanding the Artillery, Bcc. Captai n Witty And MILL AR, Royal Artillery. Lieutenant W. R. GARDINER, ditto. Lieutenant H. TR EL A WNEY, ditto. Lieutenant Dysoi.r, Engineers. Captain J. ToNsorr, sth Regiment. Lieutenant LODG E i ditto. His Majesty's Ship Dreadnought, and Racoon B rig, atrived this day the latter had a few days previous to her leaving Gibraltai, landed at Algiers a variety of Presents for the Dey, am ong which w ere a m ost super b and- superlatively elegant Mar quee, .and ten brass field pieces; Also arrived the Brig Dragon, Teri tom master, ship South Ge org i a , wi t h o il a n d s ki ns . This ` 3l 'iP left at St. Helena, I Ith May, the Ship Marquis 6f £ y, hound to India, and reports that the Royal 114 ; 1 '41 left St. Helena gth of May, for England, : rid spoke the Ship Resolution, from Jamaica to London i , n tat. 45. long. zI. The Ship Diana, from the Southern Whale 'Fish_ ery, ]eft St. Helena with the Dragon, and both ar rived at _ the Isle of Ascension, which place the D ana Was to have sailed from the day after the " r agon' Arriv e d t h e Pheen;x, DOUGLAS, from Jamaica in six weeks. FALMOUTH, JUNE 30. I ,, Altitl vEb this d a y, t h e A mer i can Ship Join''"gan, Captain CtiEw. from New-York, thirty days passage, with flour and wheat, for orders ; also the American Ship Elizabeth, Captain THoNiAs Itc ,P,cKs, twenty-six days passage from New. :°°^'. with flour, pepper, &c. for orders. Sail ed His Majesty's Ship Rosario, of 18 guns, Captain MouNc EY, on a cruize against the Smug_ i ers• and the Prince of Wales Packet, TODD, with o f the 22d inst. for Lisbon. IG?7,g Geor ge P ac k et (if s h e can get rea d y ), wil l sail on Saturday next, with .Mail of the 29th lost. for Lisbon, 41 -P. Ss- T he Wal s i ng h am P ac k et may b e expe a c d morrow, with Mail from Lisbon. JULY 2. • THIS morning arriv e d the King George Packet, pt. FLYN, with the Mail and Cuxhaven, Passengers from which place they left last Saturday, and Burin the passage they very wea ther. tempestuous This afternoon arrived the D;ana Packer, CaPt' 0 5130 RX, from Helvoetsluys, with the Mail and Passengers, amongst whom were Sir Ronnivr and Lady B A R C L AY . The above Packets a:e in turn to sail again to. morrow afternooii, the fornier for iteii4eislay.si an( the latter for CuxhaveN SHEERNESS, Jixty Tins day sailed His Majesty's Bomb-vesse Fury, Capt. CURRY, for Deptford, to be paid off. The Phabe was taken out of dock this day. NEW HOL L AND. TO THE EDITOR OF THE °I7.V. A letter has been pointed out to me which appeared in The Morning Chronicle a few days ago, asserting that the article which appeared last week in your Paper under the head of Neetv South Wales, contain eda misstatement. I have no desire to conceal that that article was drawn up from my information, and I can safely affirm that it was coned. Ido not there, in the remotest manner take credit to myself as the Discoverer of these Straits, for I had orders, from the Noble Duke then at the head of the Home Department, which reached me at the Cape of Good Hope, to pass through them, and the statement in question goes no farther than to say, that I obeyed these orders. That the Lady Nelson was the first vessel that ever made a passage through these Straits from the Westward, I have the testimony of Governor KING in his Official Dis patches to Government ; but I will not take it upon me to assert that their situation is even now cor reffly ascertained. I made the discovery of an extent of Coast in nearly four degrees to the Westward of any land ever seen by either Messrs. BASS or FLINDERS, and this was afterwards proved by two vessels passing through after me. The first of these was the Har binger, Capt. BLACK, who saw this land, and de scribed it to Governor KING very nearly as I had done. The second was Capt. BY of the Mar garet Brig, who fell in with the land a very little to the Eastward of where I had made it, and uses nearly the same words that I did, in describing its appearance. With regard to the latitude of Wilson's Promon tory, I have produced undeniable testimony that Mr. FLINDERS'S position of it was laid down from Mr. BASS'S information, who was in a Whale-boat, and gave it by computation only, which is always liable to error. Mr. BLACK, a scientific Navigator, lays Wil son's Promontory down in 39 deg. 8 min. South.— I had particular instru&ions from Governor KING to ascertain, on my return to those Straits, the exalt situation of that Promontory, and from every observation and calculation which I had it in my power to make, I found the latitude to be, accord ing to the best of my judgment, as I have already stated it. To Sea Men, therefore, it will appear, that this being nearly the medium between the ob servations of two able men in their profession, no Material difference Will be found to exist ; and it will readily be admitted that the latitude which Mr. BAss assigns to Wilson'i Promontory, does great honour to his judgment, as there is only a difference of six miles, where he had his calculations to make from an open whale boat, which the sea and the weather must necessarily aired. Independent of all conjeElure, Mr. BAss was of opinion, that Wilson's Promontory lies in 39 S. when I had the honour of conversing with him on that subject previous to my leaving Sydney. I beg leave to observe, that the Boundaries of these Straits are so little known, that I have laid downs from calculation, a Cape named by me Cape Albany Oftway, in the fat. of 39 S.—Should it there. fore turn out that its situation is to the Southward of Wilson's Promontory, it would become the Southern Boundary of New Holland, but I should be sorry to deprive either of the Gentlemen above named, of the merit due to their exertions. I am, Sir, &c. JAMES GRANT. The important case of the Swedish Convoy was yesterday determined in favour of the Captors, by the Lords of Appeal, in the Cockpit. The Devaynes, extra-ship, the last of the season, will touch at Madras in her way to Bengal. Rear-Admiral TOTTY, who died in the West Indies, and whose body has been brought to Eng land in the Saturn, of 74. guns, arrived at Ports mouth, %vas miraculously saved from the Invincible when she was last year lost in going out of Yarmouth Roads to join the Fleet in the Baltic. _ _ We leain from Messina, that a Swedish Frigate arrived there towards the end of May, with a Tripoline xebec, which she captured after a despe rate engagement against four vessels of that nation, two of which were sunk. The Swedish Frigate, it is said; had above too men killed or wounded. Lieutenant RAE, ,of the Marines, who killed a Purser of the Navy in a duel, at the Cape of Good Hope, underwent an examination yesterday before the Privy Council. He was brought tip with his second, and the second of the deceased, from on board a vessel stationed at Deptford, by two King's Messengers. We did not hear that this is a case of an aggravated nature. Mrs. Caro, we are concerned to- hear, is ex tremely ill. KEMBLE set off yesterday on his journey to Spain, and the letters of recommendation he carries with him, from some of the first persons in this Country, are, perhaps, equal in number to those taken by the Mail. Bo o ',LESS SO C I ETT.—The remainder of the sub scription money for the Fete given at Raneiagh in commemoration of the Peace, on the zd of June, amounting to 824. has been given by the Gentle men of Boodle's Society to the following Charities : The Naval Asylum, Paddington.green, ,C.zoo St. George's Hospital - - - - too Lock Hopital - - - - - too Middlesex Hospital Westminster Infirmary - - - - Indigent Blind, St. George's Fields - - 7 - too Brownlow-street, Lying-in - - - 124 On Monday evening two men fought at Waltham, Abbey, when one was killed on the spot, leaving a widow and four children, The survivor is in custody, TrlNtosak,, JULY I. Yesterday evening the PRINCESSES MARY and AMELIA left the Queen's Lodge, attended by Lady ALB INA CLIMB ERiAtii,for Weymouth. At seven o'clock this evening THEIR MAJESTIES and the PRINCESSES AUdUSTA, ELIZABETH and SOE'H lA, will depart in three post-coaches, with, their Suite. The Royal Personages mean to breakfast on the road, and intend reaching Weymouth about thiee o'clock in the afternoon.—Th EIR MAJESTIES and all the PR INCESS ES are in perfed health. The PR IN- C ESS MARY has quite recovered from the effeds of sptaining her foot. His Majesty's present in tention is to remain only six weeks at Weymouth. YARMOUTH, JULY 2. YESTERDAY Sir THOMAS TR OU R IDC E and Mr. THOMAS JER V IS (Nephew of Earl of ST. VINCENT) arrived here, as Candidates to represent the Bo rough in Parliament : they had before canvassed the Freemen with the greatest success, and they were received here yesterday with the most enthusiastic demonstrations of welcome, being met on the road, upwards of a mile distance, by a great number of people, who took the horses from their carriage, and dragged them triumphantly to Town, amidst the firing of guns, and loudest acclamations of joy. The Eleetion is fixed for Tuesday next, but nb opposition is likely to take place, as the former Members have thought fit to resign, after an Unsuc cessful attempt at a Coalition, which was frustrated by the independent spirit of the 1r reemen at large. 1117PROMPTU. On,the Report that Monsieur GARN Ea IN bad br:ttght a Letter of Recommendation to this Cotintg ft :4n a tsot:,riouv Jacobin 114-iter, now at Path, WHAT, GARNER IN, from LEwis GOLDSMITH br►ng A Letter here, his talents to befriend ! Instead of rising, 'tis the surest thing To make the zleronaut with us.de9c.,./7d. A DIALOGUE FILTWEF.N A FREEMAN, AND DEAR CHARLEY FREEMAN. No bread, no cheese, no meat, no beer; Damn it, Charles, my guts reel crieer; I've shouted till my throat is sore ; With Bird I've done, I'll shout no 31;orr. CHARLES. You shout no Moore! yoUinust, 1 tell ye ! Will not the Abstrad fill your belly ? Our Bird, you know, has got no quills, And Peter ne'er wou'd pay his bills. Mind not your guts, but be content, To starve by Ael of Parliament. THE THEATR E.-The Battle of Hexham, one o f 'Mr. COLMAN'S best dramatic works; drew a crowd ed audience last night to the Hay-Market Theatre. The vigour of the serious, the whim of the comic passages in this Piece, and the general excellence of the Music, render it a very amusing and interest ing Drama. It was very well represented, "and very well received. . Mrs. POWELL will visit the Glasgow and Edin :burgh Theatres during the summer, after her - en_ gagement at Liverpool. expires. She made her first appearance there in Gonstance, and met with the most flattering reception. It is, we understand, designed *by the French Government, not to reduce the Blacks of St. Do mingo to absolute Slavery, but to a condition much resembling the Serfs of Germany. We have not forgotten what miseries Paris est_ perienced from the supineness and luke-warmness of her well. disposed Citizens, in the early periods of the French Revolution. The Freeholders of Mid dlesex are fully alive to the recollettion of this : Perhaps they may discover many PETIONS-; many MAR/yrs, in the character and conduct of one of those who• now presumes to offer himself as their Representative. Mr. MINdAY, we understand, came up to town on purpose to present an Address from Thetford, to His MAJESTY (instead of his Brotl4r, who is a Medical Man), on the blessings of Peace, but His MAJESTY not holding any Levee since his arrival, the honour of Knighthood must be deferred to some fUture opportunity. Prince MELEGART, a Count of the Holy Roman Empire, conferred, some time-ago; while at Geneva, the degree of Dodor on any person for six livres of Genoa, and a flagon of ordinary wine. The information received on Wednesday morn. ing froth Lord SOMERVILLE, states his Lordship to he in that precarious way which, might be e,x petted from such an accident. His Lordship's shoulder is fractured, and he is otherwise much contused. The accident did not happen, as has been mentioned, from the horses running away, for they were a very quiet pair, which Lord SomER YILLE had been accustomed to drive ; but from the projection of a post in the road in 'a lane about three miles from Cashiobury, Hertfordshire, which not being observed by Lord SOMERVILLE, over. 'turned the curriele. The footman, who was in the curricle, escaped unhurt. His Lordship was on his way to Windsor ; but still remains at the Earl of ESSEX'S, at Cashiobury, whence it is not probable that he can be speedily removed. . June 24, died at Buxton, in the 58th year of his age, THOMAS BUTTERWORTH BAYLEY, Esq. of Hope, near Manchester. By his death the Public is deprived of one whose whole time and talents were devoted to its service. He was an active Magistrate for thirty-five years, during which pe riod he uniformly distinguished himself by great and zealous exertions in the various duties of his si tuation. His attention to the Town and Police of Manchester was unretnitted, and hi care of the health and morals of the Poor, ever %vatchful and affectionate. The contemplation of his private cha , ratter, as it will he a subject of regret and admira, tion to a large circle of friends, so to his widow, . and eleven children it will remain a chief source of comfort ; whilst they humbly trust that his con_ stant and chearful practice of every religious duty will not be in vain. , • tATir IMPORT; - •~i COUrsT OF Ki SW'S BENCH, WATERI-10tP , E 71. 17.1:1G. is ‘l ., as Special Case reserved for the of the Chart. Piaintiff as se and Captain n the Ship Reliaue6 appointed on the service lot ny Bay: The ffrst Officer of the slip was C TF R. The Plaintiff was second ,connnand; art he was appointed to this offlac of Second Captain; of SecOnd in COMmand, by the Lordi c.f. the Adniiratty: While this ship was at Psmouth, the there was detained by order of G.) %: einnienti and afterwards condemned as prize, upon the breaking' out of hostilities between this Cotintry and }Tolland • and this ship, being part of Admiral „King's neet which was at Plyniouth when the flitch Fleet svu detained, the ship's Ofii,:ers, Sic. became entitled tgi their shale of prize ni,nicy in the proportion stated by His Majesty's Proelatnation our, it was enn.. , tended, that this Plaintiff, Ca . pt. Waterhouse, being Second in Command to another Cake( vho was thc Captain, he could not be held to be a Captain of that ship, inasmuch as that the Lords of the Admi-. raity had no power ti) make this appointment of Second Captain, without submitting it expressly, to the approbation of His Majesty in Council, and that for want of that submission and,aPprobation, this appointment was void. Captain Waterhott,e brought his Adion for the recovery of this prize money i , which Was tried at Westminster, When a verdid was found for the Plainiff, subje.l to the opinion of the Court upon this Case, upon the construdion of all the Order in Council, Proclamations, &c, made in this behalf-from the year 1730 down to that of 1786, , when the Botany Bay Settlement had Trans_ ports sent to ir, and on account of which service, this appointment, by the Lords of the Admiralty, took place. The Case was this day argued, very ably, by 141 r, BARTON, for the Plaintiff; and Mr. GAZ I LY, for the Defendant. The former of these Learned Gen tlemen contended that the Plaintiff was appointed by the Lords of the Admiralty as Captain, who were duly empowered by the King for that purpene. That he was Captain therefore in rank, in station, in duty, liable to all the provisions of a Court Mil. tial, punished under the authority of Martial Law; for miscondud, in the clutraaer of Capta;n ; that he was so mustered upon the Books ; that he was, And must be taken to be Captain de lath'', if not de jure that he was both ; but it would be enough for him to be either, in order to become entitled to his share of prize money in this Case, under His Majesty's Proclamation, and that therefore he was entitled to the judgment of the Court. It was contended by the other of these Learned Gentlemen, that although this Plaintiff was on board in the rank of a Second Captain, .appointed by the Lords Commissioners of the Admiralty, yet, that, as this appointment was never submitted to His Ma. jesty in Council, nor had received the Royal Ap. probation, it was null and. void ; wid this •i' as con_ tended under the authority of Captain Lumley's case, when the contest was between him and Captain Sut ton : that even by the Plaintiff's own Confession, in this case, it appeared, that whatever rights he might have, as Commander, in the absence of Cap tain Hunter, he had no authority, as Captain, while Captain Hunter was on board ; that then, he Was a mere assistant of Mr. Hunter.—That whatever his station was, he was not a Captain of the Ship in question. That, in short, on the ground that the Lords of the Admiralty had no power to make this increase to the Establishment of the Navy, without the authority of the Crown i —that even if he was to be considered as Captain, io sothe sense of that title, he did not come within the description of Captain that was entitled to a share as such of the Prize-rnone,y, in this case, under the Royal Procla mation, Lord ELLENBOROtiGIi having been Counsel itl he causes took no share in'the Judge►nent of thd Court. Mr. Justice LAWRENCE said, that, upon this occasion, two questions arose :—The first was, w diet. or not the Plaintiff's appointment was sufficient to the office of Second Captain of this S!iip, the Re. liance F The next question was, supposing him td be so regularly appointed, whether; under the King's Proclamation, he was entitled to a share of the prize.. money in this case ? Upon the first of these questions, as 'to the power of the Lords of the. Admiralty to make this appoii t. ment, the Learned Judge observed, that the Let. tors Patent, under the Great Seal, specifying the powers of the Lords of the Admiralty, were net be.. fore the Court : but he understood their power in general to be that of peoviiing for the of this Kingdom, for which purpose it was necessary to equip Ships, appoint Oil - leers to command Crews in action, &c.subjeCk to the general dir e cti on o f t he Crown : that their power was direCtive, and that of the Crown direClory : that, in consequence of this power, the Lords of the AdFriiralty had appointed the Plaintiff Second Captain, or Second in Command, of this Ship, as they might do for that or any other Ship in the Navy, as might appear to them neces4 sary for the exigency of the Publie Service. The next question, (supposing the first to be decided in the Plaintiff's favour) would be, whether he would be entitled, under the Proclamation, to collie in for his share of the prize money It was argued, that the Plaintiff, Captain Wa. terhouse, had no command, but in the absence of Captain Hunter ; now, on. looking at his Commis.; sion, it would appear that this argument wes not founded. It gave the Plaintiff the rank 4 Second Captain, or Second Commander, and . 'hen it went on to state, " That, in the absence. of the principal Commander, the Plaintiff was to aet as the sole Commander. That, in the presence of the First Commander, he was to be subject to his direCtion," so that he was not a mere assistant of the Corn. mander of the Ship, but in his absence s he was to become the absolute Commander of it himself: It appeared by his Commission, that Captain Water,: house had powers without reference to those of Captain Hunter, for the Commissioners, in the language of the Commission, sail, " We appint: you &cond Commander of the Reliance, desire you to go on board and take the second counn,nd of her accordingly ;" and then, without saying any thing of the presence or the absence of the First Com.. mander, the Commission went on to describe the