The Sun. — London, England, 1802-11-26 00:00:00

, PAWS, Yev. l!, Ctrtz ENT BRUYE RES, AicLde-Camp .tp General LE CL Eke, is arrived at Paris; he left the Cane on, the loth of Oa. General LECLERC, General DUGUA, and General Roc.HANJBEAu,_ were at the head.of their Troops, and in the best state 'of 'health.;...the rains had been this Year fifteen days later, and the sickness at - the Cape still preserved all its malignity. On the 7th, however, the'first,rains fell, and already in the In terior the sickness had ceased. General Lzciiitc had colleaed in the Arsenals 4 5) (30 0 nmske4t r of which the Blacks had been , dis armed orts,ooo more were still expeaed.. A.Negro General of the name of BELLArR,• had revolted, and assembled around him some hundreds of the Brigand s , who had s et fire to several habi tations in the. Plain of the Cape : he had, however, been arrested and shot. A strong fermentation 'manifested itself amongst the Blacks during the latter end of August, and be ginning ofSeptember. Seeing our hospitals crowd ed with sick, and our soldiers unable to quit their Cantonments on account of the excessive heat, the • Negroes were emboldened to at. The Polish Legion, which disembarked on the 7th Oaober, displayed great bravery and cou rage in thc ,. purcuit of the Brigands. a,GenerAl• L ECLERC h a d , under: all circumstances, i'PlaYed much c - oolne.s, and that kind of courage which more peculiarly to the Statesman. l l n the mjq ofrh e sickness, he visited the Hos_ )1.; and the Barracks., an d did all that was 110 S- 5 ,2 1 le for m an to do, to diminish the effe6s of the dreadful yellow fever. , Madame, LECLERC on her part refused to quit ! ne Coo oy, and d ec l are d t h a t s he would not leave It tf,ntil she was certain that her care was no longer n ecessary to her husband. She replied to all the Sis ter of her husband and f r i ends, that the ° srer of t h e F IRST Corrstn, ought to know how t o , 1 1. , l in the midst of a Camp. on he Convoy of Troops from C art h agena , ' an d - 4 e of the ConVoys from Rochefort, were not vi, e ti n. arrived ; but according to the intelligence ar ,ch had been received, they were expeaed rto tie about the Wier end of Oftober. h The rain, bad fallen in gre a t a b un d ance , the • chatiged .t4O : season, and was 'as p ro pi t i ous t ? , e Ai . thy, as it wa s un f avou rabl e to t h e Bl ac k s. -- • e " tvioniterie.) iThe Seine was yesterday considerably lower, than t *2. in --.the year 1779. A part of the Deputies of the Helvetic Republic, !tritttl at Paris some days ago. A Deputation of fifteen hf them - had an Audience last Tuesday, with the Minister for Foreign Affairs. C C i l lko, Ott. tz:----The PACF! A, who takes at 11 " the.title of Viceroy, is fortifying with great ativity the Palace which BONAP ART F: occupied; ItTder the apprteehve,n,silodinotih:vte hteakme::):ph,:seice,s'i'oengeoilf 1 3e , r('• bY '.the l ' IY" Eg " t ' ^a nd extend their power.even to the r_Yrarid s . The Tioops of the PAcHA have been five rimes 1:', - it by those of the Beys. ' ---- n, 11 : ; _ l e Eriklish are still. at Alexan,ria. General -/ w•A R T commands there with 4.0 0 0 men. *k The Tu r k s h are 3000 men at Damietta, zOOO at G .., s etta,' and 20 , 000 a t C a ir o . i T he Fri gate L a T orc h e , h as arr i ve d' . at Brett r `" illirtii,i;co, after a passage of 55 Clays. The ;mellierice from that 'Stand is of ,a very satisfac.. tor y „ attire. . . t h ß ATlstion, Nov: i t,—The Report is spread, a b .4t the Austrian Troops will evacuate Passau, u v u t the middle of this month. • 1., - ` t i , !. said that the Austrians' are establishing Iviagazin es at Freisi ng and Kreusberg,, on .the Cremeex_... Fro,-)tiers of the Bishopric of Passau, on the 'We of Bohemia. c ll4 " , Nov. re.—The Helvetic Government •tinue s to occupy itself with the re-organization of the Consiiturbonal Authorities. II . ati, t ,"''S 6 i.:altei. till, Nov. i6.—The English C on ' ss ado+ . al 2- ',""ih a , transmitted lately to the fa' s•Qt de Co * Fit ki4 1 a Note, relative to the Af -4 e ti lrs °f. B eu;Plz4lan' l ,- the Objed of which was, to. Q o Vge the EMPEROR fo interfere with the French 41;ernment, in f avour o f t h e re-establishment of th e rio ` t ient regime in Helvetia: but the - Court of Vi en n a of tk c ' nl Y formally ref use d to i n terfere in the Affairs ed , "t Cou ntry, b ut moreover, as it is said, order i\ a chuit ers of C re d ence , i n t h e name o f t h e Di et o f b . z, to q u i t t h e A ustr i an S tates . .n t ., th td .'Ne-, Nov. 11.-•--Orders had been given for b ut i s arming o f t h e P eo pl e o f H e l vet i a i n genera l ; jqi r !Presenta t i ons having been madenpon this sub tiisar't is now determined. that those .. only shall be 41 ' e d Who took part with the Insurgents. - : , f 12 , 1 1, gloomy pifture which Opposition has drawn lus t " Le situation of the Country at this moment, r i . , 4rates the observations of a very hutnourous ‘4 year„ the w ho, adverting to the present time of the th e !." influence on Englishmen, says, " besides with () Ids, vapours, and nervous disorders i which;4ll,, individuals are affiieted, THE STATE. always te er 3 e xceedingly during this month. I berr;rnber THIS COUNTRY UNDONE every Novem •thyself Iti a k i.°l these forty year'. The truth is, that to m in e - amend s for that levity and dissipation of e o cc u icht which horse-racing and rural sports haveoned in the summer, every zealous English - th e sit ' down at this season seriously to consider mature lefles. ate of the Nation - and always, upon mat thilllclo, concludes, that matters are so bad, that tied , /u lets of Gtiv6ment cannot possibly be car: Lions "n tnr ougli . ititifitter Session." These observa. ev er „ w ere made tVviards of half a century ag o, and itt o l u }e4 r sliCee that period the Country , LIRLY-kutNED: 7 1. h e has been - ota t i or Helvetic Government, in their last . P.rocla cou,c'l issued at Berne, style themselves The 114v;;11 9' Execution, and' the rigour which they ria te pa a lt of begun to exercise towards the. unfortu at°l'ererk" Whom by F renc h ass i stance t hey have d int w . p ", give reason for believing that their con ' ' be &uitable to their title. LATP REPORT. COURT OF KING's BENCH, Nov. z 5. BAIL. IN the course of the justification of Bail; Mr. Justice LAWRENCE observed, that the Judges ,came down every morning at half after nine, and the practice was to proceed until ten with the Justifica. Lion of Bail, and then to. proceed to hearing motions that were of course ;. but it had of .late been the practice after the motions had been ggtice,through the Bar, to. pour in another set of Bail for juitification, by whichethe object of 'the Judges edminedciiirn. early was defeated ; this was a praCticB.W:hiCh must not be continued. ,The course in future must be to begin taking the Justification at half past nine in the morning, and to go on until ten, or if there .were more than could be gone through at ten, to continue until the Justification of the -Bail was finished for the day—but if all the Bail that are ready are disposed of before ten, or at ten, and Motions are heard, no more Bail shall be taken on that day. SITTINGS. Lord ELLENBOROUGH gave notice that he "will sit at Nisi Prius, on Friday next (this day), pre ,cisely at nine in the morning, in Westminster-Hall; and on Saturday also precisely at nine in Guildhall, London, for the purpose of taking up such Causes as would have come on at the Sittings, and now stand. ing for trial in Term ; by which regulation he was in hopes of being able, in the course of about an hour and a half each day, to dispose of the Causes standing in course of trial in Term, by which nearly two whole days in Term would be saved to the Court, and the inconveniences:of Evening Sittings would be avoided ; fot which the Gentlemen of the 'Bar expressed thanks to his Lordship. A Motion had been made on a former day, ,and a Rule obtained by Mr. REEDER, to shew cause why an Exoneretur should not be entered on the Bail Piece, on the.ground that since Bail had been put in in the Aetion, the Defendant had. become a Member of Parliament, and therefore privileged:from arrest or confinement for debt.' ,d r. Mr. HOV EL, in sheaving cause , antost theAulei . only mentioned a Case which took plac9 i many 'Teats ago, in which it had been held, that a perion is not a Member of Parliament at the time of his arrest, his election afterwards would not discharge his Bail given before he was privileged. Mr. REEDER contended it had been long con.' sidered as a matter of course, that the moment a person became a Member of Parliament, .whether a Peer of the Realm, or a Member of the House•of Commons, he had full privilege.of Parliament, and that all consequences .of.arrest for ,debt ceased as to him. This was.stated in the Books of Practice as a matter well understood. He stated it. from Mr. TYnD's,Bock of Pradice. Lord - Et.t.Exnonotrot-t held, that. Certainly in this. Case' there must be an exoneretur entered on the Bail :Piece,. or great injustice would be done' to the Ball; for they ought to have the means of rendering tneir Principal. Here the Defendant had priv.ilege,. so the: they could not render him in their discharge; they therefore ought to be exonerated. 'Rule absolute. THE KING V. COMBES. Mr.' DALLAS moved the, udgment of the Court on Charles Combes, convicted six years ago of waling an -Officer of the Revenue in the due ex ecution' of his - duty:. I t W as stated in the Defend antks.Affidav,it,_ that he had continually- resided in the same:place ever since this obstruOion tookplace, and was not at all absent, except, as he was .employ-' ' e a in the Pilchard Fish er y, an d employed by dif ferentfarmers_iolus.bandry.. _ „ . • ..• But it appeared on the other side, that many endeavours were made 'in ,vain to find him, and that there had been no less than five different War rants issued, out to appreh en d hi m , aild that he could not be found until lately, when fieicwsTisirp.: prehended, and that he. had, when he hiftßorriinirte& this offence, offered to the Officer a giliJe. of 'five . • guineas, &c. ' Mr. Justice GROSE, in .prOnouncinethe ment'of the Courti:observed, that . the offer. of a bribe, to the Officer, was that of adding one crime with' a view of concealing another, -an aggravation of gdilt which the Court could not overlook.:,, As to his being poor, and having a family, and that a severe punishment on him would he to punish the innocent with the guilty, it was in a great resped so, 'because it could not be otherwise where a man had a family, because. punishment on him must operate in some measure as a 'punishment on his family, however innocent,: this it was the duty of the father of every family to consider, as 'an addi tional reason for shunning crimes. The sentence - Cif the 'Court upon him was, that he be imprisoned. iri - •11 - lisitk'ilajesty's gaol of Newgate for two Calendar months, and then discharged. Lord ELLENBOROUCII, after ordering the ar rangement of business for to.morrow, taking the London New Trials, after one argument, observed, it would he better at once to say, that as to the Country New Trials, they must stand over until the next Term; this might save the expence of keeping some parties longer in town. Mr. Serjeant COCKEL moved for leave to file a Crimipal Information against Sir H. Vane, for an alledged violent assault on a Gentleman of the name Of 'Benson; on a statement of the particulars of mihich i , the Court granted a Rule to shew Cause. Mr. ERSKINE MOved for leave to fileZ - Cripinal Informati o n a gainst fames Christie, Esq,. to W r 4 isoblished on the t7th inst. in a Morning ewspiiper,; tending to reflel on the charaeter of a .Uentleman whn is an Officer in the Guards, and a Mei:MARI: Parliament. The Libel comphined of, alluded to a Cause which is now in the Court of Chancery, -wherein -the Defendant in this Motion is the Plain tiff) and the Gentleman in whose behalf the Motion was made, is the Defendant, and involves a dispute concerning a legacy of zoool. which Mr. Christie, the Plaintiff in that suit, claims, and alledges to be unjustly withheld from him, and which, on the other S ide; is alledged to belong to his creditors under the authoriti ot the Insolvent Debtors' Aff, the benefit of which he rook some - time ago. The Li bel contained some indecorous doubts concerning the justice with which the Lord Chancellor would de.. ter-mine that suit, as Well as many most intem perate expressions against the Gentleman on whose behalf this Motion was made. • Upon an - application to the Printer of the Newspaper, in which this Libel appeared, he gave up the Author of it, ant/joined iii the Affidavit, on which this Motion made, by stating, that it was 'brought to him by" the . ,aefentilt,..whotp . he did not know, aecompantedlay'dne iirotta he did know, and who was a ,respeetahle man.. Thar do reading the' Paragraph, the Printer thought it dangerous, and would not insert it unless it was authenticated ; up on which the Author assured him, it was pertedly true, and signed, his name to it ; it was then. in. serted and published. Mr. ERsiciNE said, that, the Printer of this Paper had behaved with great propriety, in giving all possible facility to get at the Author, whom it was the °hied of the Prosecutor of this Motion to punish, and consequently, he had come forward with this Affidavit. The,Coort having considered a while upon the Matter,: observed, That this wa's, undoubtedly, a fit case for a Criminal Information in itself, But the . doubt was, whether, as. the Prosecutor , had chosen,, for proseCution, out of two criminals, one who was the less . culpable,. and - .had received the greater delinquent . evidence, against his compa nion, thereby pledging himself, in honour, not to prosecute the more guilty person, the Court ought . to help him in such a Prosecution, by its.extraor dinary interference. The Author .of this Libel, in the eye of the Court, and, perhaps, in the that of the : Pablic, was less culpable, than this Printer; the,one might have something to say in extenuation, the other none. The Author might, froni some misguided opinion of his right, he irri : tated :against a man whom he conceived had wronged him, and might have penned. this para graph, And tarried 'it to the Printer for insertion, in a inortient of unwarrantable anger ; but the other was the publisher of obloquy in cold blood for pecuniary gain. Mr. EiisxiNE said, that the Prosecutor in this Case had no other means than,..those which had been taken to 'get at the Author of thii Libel, and he was the only objet. they wished to :pursue.That they applied to the Printer, and he immediately supplied them with the necessity information, and, he submitted, that the Prosecutor, whose reputation *as thus attacked, had a right to cliuso which of the guilty Parties-he-would prosecute. The Court said,. That in arP Indidment, the Prosecutor may chose the. objea of his Prosecution but,...if he came to that court, to call for its extra ordinary interference, for the protedion of his character, and a sort of implied pardon was to be held out to the most guilty of the Patty, for the purpose of punishing the other, the Court would lend no aid, by extraordinary, interference, in such v.proceding, but leave the Party, to. his ordinary remedy by LaW. The _Court : also would have it understood, that the Publishers of calumny were not to be excused merely on giving up the Author. —Motion refused. 'PETE KING v. VENN•ING. PARk•rhoved the Judgment of the Court on the Defendant. it was the case of an Assault. The Defendant is a Merchant in the City, andthe'Pro secutor, Mr. Greenwood, is in trade aISO in the, City. These two persons had some concerns which occasioned a difference between them. The Prose cutor had inspected a bale of goods for the:De - en- . dant, and charged him a guinea and' a. half frit it,, which the Defendant considered as an' improper 'charge, and refused to pay it, on *which he s'as sum moned to the Court of Requests, and both . attended. When they were waiting there, the Prds'ecutor ac costed the ,Defendant, and charged him with im properly resisting the demand, ekc., which brought' forth a short answeri-dispuringAe. justness 'of it. The Prosecutor imputed falsehood to rhe Defendant; who told him, if he repeated iu,n he Would , pull him by the nose.. fle-did repeatir:', He was pulled by the nose. This was iii the Court of Requests, but did not happen to . disturb the Com Mi s s i o n e r s. Th e, parties went into. a passage, where the' Defendant being again irritated, gave the ProSeCutdr a smack or two, on the cheek—was indiCted—found guilty, and now came.uP•fiir judgment. Mr. Serjeantlltst and Mr. MittiYA•i'r, -for the' Defendant, treated' this as a trumpery prosecution, the expence of which had been enhanced by• the Prosecutor, who had removed it from' the Sesiions to this Court, by certiorari. Mr. ERSKINE. and Mr. GAROW were for the Prosecution.--Mr. ERSKINE wished the Parties- to go before the Master, so that the Defendant should defray the costs in this case, which were con siderable ; .but the Court dissented, and Mr. Justice GROSE proceeded to pronounce judgment, in which he observed, that the miscondutt of the Defendant was aggravated by the circumstance of the assault being cominitted in a place apprOptiated for - the administration of justice,• where should prevail at all times decency and decorum. But 'inasmuch as the Prosecutor had also miscondutted himself, the Court would not yield to the 'suggestion of his Counsel; in (*tier that he might have his . costs. His costs he should not have, for lie did not deserve them, and therefore the sentence of the Court on the Defendant.was, that he 'do pay' a fine of which he paid immediately, and withdrew. COURT OF COMMOI PI.,EAS, Nov. 25. The important and long_eperiAlß cause between Earl ST. VINCENT atiet,Odt: NVCsoN, •respettiUg some prize-money, ivai , 4lcoi4exititit day. As many of our . Readersmaynlima . nacquainted with the circumstances of this case,,it maybe necessary to state them.; Lord ST. VINCENT was appointed to. the Command of the Fleet stationed off the coast 'of! Spain; but his:health requiring a short absence from the Squadron, he wrote to the Lords of the Admi— ralty, and obtained permission to return to England,. on leaving his Command to the next 'Flag Officer. His Lqrdship,-previous to his departure; gave orders to Capt. DIGBY, of the Alcmene, to cruize within the limits Of the station ; then deputing his'command 'to Lord Kr. 113; sailed for Eqhind ti the A 'rkt;.— From Lord KEITH, theCominand devolved upotl.l.9tA NELSON, WIAO became and continued Seniw Admiral on that 'station until the return of Lord KZITI-1 ; in the interval, Capt. DIGBY c aptu re d , two S pan i s u Ships of War; and Lord NELSON, as Commander in Chief, claimed his share of the prize:rrioncy: The Proclamation- of r 797, on which the cars. • tion of-his Lord;hip',o right greatly depended, di_ refs that a certain propottion of prize-money should be divided arnong .. .the Flag Officers, „and that one eighth shou:J belong to the Commander in Chiri_s :but the 4th article of the said Proelamatiot,or-: tiered, that if the Chief Fit Officer retttrrted hoMe, .he should net be entitled to any share of the prize_ money obtained by the ships 'Under otlier corn.: mand. The Proclamation also proiride::, that when a Flag Officer was appointed to the Cortimani of a Fleet, he should not be entitled to any prize money, till he aaualty arrived within the limits of the station. On this ground; therefore, Lord NEL . sod i laid ciaini to one-eighth of the prites captured by the Alcmene: Mr. Justice RoOkE was of opinion (and ported by the Proclamations of the Nears 17+4. and 1756), that a Flag Officer returning home on ac. , count of his health, ough t no t to b e cons id ere d a s having abdicated his Command; that he was re spoasible, and' that ih fact, the Fleet was acing under his atithority. These Proclatnatio;3, which seemed to lodge . a discretionary pciter 'in the • breast of HIS MAjEs'it, Were not to he continea by the dry rtilei of legal pleading; and it was doubt whether the 4.th Ankle Of the•Prociatnation of 1797, which differed in words from the fornier, could be construed as exchiding the Commander in • Chief, when absent on a teinporary occasion, from a. share of the prize.mooey ; .or whether it was Meant only to apply ‘,..liert he was superseded by the next Flag Officer in.coinmand. Lord ALiiANLEY teas of the same opinion, and used many arguments in support of his doarine. The adjudged cases, many of which were quoted or this occasion, inclined equally, to both, parties,; but the last, namely, that of the St. Ann, which was most, io,poix,.,had been decided by the Judge, AdvoCate in favour of Admiral MURRAY, who,• not having abdicated his Command, was consideiid as entitled to his share of prize money ,- • As iwO of the Learned Judges were ory the oppo. site. side, the Judgment of the Court had nearly been withheld, and the parties referred to another Tri. bunal:; but as Judgment, was prayed, on the part' of. Lord NELSON, Mr. Justice HEATH withdrew.; Cod. sequentiy the decision of the 2Ourt was in favour of Earl ST. VINCENT. CORN EXCHANGE, Nor. 26. OWING to the adverse winds, there ate scarce an fresh samples of Wheat, or tither kind of ,Grain, at Market to-day ; but having few,,buyert, this tide remains •at nearly our last prices ; tine sale of, Barley . and Malt continues dull ; White Pelie sells at in'lre moderate prices, as do Brans ; the supply of Oats.. is very short, and this article still reMair4 : dear ; Flour is stationary: Wheat 435 a sos a sgs . od. Tick Beans \309 * 33s 6d Fine ditto - .6os a6ls o d Oitts - rgs a iSa a'245 od Barley.. 26.; a 3os Poland ditto "ass s 26s 6(1 Malt '425 a 46s flci Rape Seed 321 a 351 per last. Rye -35 s a 395 od Fine Flour' - ,455 a 495 od White )?ease 42s a 4 5s o d Se co rid d o . - 4:ls a 4ss rd Beans 335 a 37; od DAVID IVIONTAGU ERSKINE, Esq. eldest Son of ERSKINr, and JOHN CARY, Esq; Were . tfuis day - called to the degree ,of Barristers at -Law, by the Hon. Society o f Li nc oln', Inn. Yesterday a Jew Politer -was' ,charged at, the Mausion-honse, with having. ,in his po4Sksiion - -1 - great quantity. of counterfeit coin. : He bad beett_ appreliendeA 'by the city-Officers coining - frb:n the Bell Inn in WoOd-street, with a large box, which was produced, , and found to . contain ninety pundi: weight cif counterfeit pieces, in itnitaxion of a small Prussian coin, somewhat smaller than our sixpence,. wrapped tip in fifteen parcels, ail new an'ci of one coinage. .The Solicitor of .the Mint .attended,. and pointed out to the Loan MAYOR the Ike,- of meat for the _punishme nt. of this ,offence. The' PFussian'Consul and 'another. Gentleman proved the pieces to be Coon tfilleits of the Prussian coin. The Prisoner being called to account for' the box being in his , poss,ession, said, after some equivocation, that he was employed to carry it by a person be longing to the house of a Jew, whom he named. This person was with him at the time, but rar: away' as soon as he was.stopped.: The box Was ditte.ect CO J. M. to be,left till.called fur. - Avery singular mode was adopted on Mo n d a y evening; to accomplish a robbery : As aGentiem.in of ( - .arey-street . , waS pacing at the bottom of'Drur',--, lane, about eleven..o'clock, Nur men .rushed upott hini, and endeivotired to throw'a wet blanker over his head, but the : Pentleinan having just tittle to . call loudly for the watch, the villains were obliged to decamp without effetling their purpose. • A Poney, only four years old, and not exceeding twelve hands high, the property of a Horse-dealer at St.l'ancras,' was engaged to trot. on 'Monday morning last, five miles in twenty minutes, which was performed .on the Hatfield road, one minute anti ti half within t 1 Yesterday the Prisorier4 were removed from the several Gaols in the City and County, to Newgate, in order to rake their trials at the ensuing SessiOns, which commence on Wednesday next' at Justice Hall in the Old tailey. • Yesterday morning-a servant of Mr. Manning; in Bucklersbury, was ciire6ted to take his, masters horse to the stable in . Mborfields, with a caution not to trot' him: IMmediately on his mounting, the horse ran away, and proceeded up awapside, when - meeting; meeting a coach, that was going hy, ,h e at _ temnted to pass between it and a coac i rt h at was on the stand, and ran with-such violence against it as to ,break the cross-bar, and nearly upset the coach ; the servant was thrown'againSt the window of a house, at least twelve feet from the 'horse.; upon examining his skull, it is feared it is fridured, He also re-, ceived a most violent ccfatusion in'the thigh, and was otherwise much bruised.