The Sun. — London, England, 1802-02-26 00:00:00

PARIS, Pea. cg. The GRAND SEIGNIoR has permitted the Arme.. ntan Nation to chose a new Patriarch, as a schism t uras app re h en d e d i f he had been chosen, as formerly,Y a deputation of six persons. We le arn f rom Corne that JEAN de SAL IS, WhO h ad bee n un d er an arrest, has been releas e d. A mall body of French Troops ha s e n t ere d the. Gri zons, to'hiaintain ,tranquillity there. JBY a Decree of the Prefedure of the Seine, two uries are charged w i t h the eledion of Professors o f , e Central Schools at Paris, and the general super- In ,tendance o f t h ese S c h oo l s. O ne o f t h ese J uries s hall be fo r t h e ancient languages, history, a nd le -Islation, an d s h a ll b e called The Jury of Belles , i ttes;" the other f o r ma thematic s , phy s i c , che ofstrY, natural history, and design, under the name The J u r y of Arts and Sciences." MOR E.L L ET, MALLS. and Durtiux. are to compose the f ormer ; GR - IceAux, PRONY and VI EN the latter. a, lOwThe a ux ili ary b r i ga d es w hi c h t h e S w i ss f urn i sh s °France, count more deserters than effeElive me n s. i s S. as they remain in Switzerland ; but suc h o f the m as are in France receive daily reinforcements ' 3l their countrymen; so much are the Swiss attach ed to foreign • service. The ROPE has addressed the following Brief to ',lose Bishops of France who have given in their re tignation PIUS VII. P. P. • t i - vxtlea..a.syt EASTIIREN, " The new and admirable proof which you have given of YoUr constant zeal and unceasing desire to preserve in France the Unity o f the Church, and to re-establish the tranquillity of the Catholic tteligion, when, after receiving our Apostolic . Letters, y ou have voluntarily abdicated your Bishoprics, and freely resigned your Churches into our hands, has raised your merit tb a_degree worthy of the highest admiration, and has given an eclat to the s uperiority of your virtue in the cycs of the Church, which renders you entitled to all those recom- Pences which those deserve, who seek not their own interests but those of the Almighty. " Now that you are disen g aged from all those tics which attached you to your Dioceses, we wish to express our lively gratitude for the promptness with which you have obeyed our Pfernal Counsels, and by which you have placed us in a. situation tb adminis'ter to the wants of the Church, with ou t mating wit h any obstacle. it is for this reason that we shall ever offer up our Than to the God of Mercy,: for the consolation and the comfort which we have receiveu fo r t h e new proot of the greatness of your virtue, in the midst of tnisfost unes from ''st hid " ; you could not be er" ted, and f or that celestial assistance which fortified y our souls, an d enabled you to offer thi s memora bl e sacrifice with so much glory and advantu' I ut the Ctiu 6e to yourse and ves " Accep t the assurances of our continued real for your in terests, a n d our Apostolical Benediftion as the pledge of Mit sentinients and fraternal lo' c-11 The followin Note has been delivered by T the faron Von Rtl E N , the Envoy of. Brunswi e ilenbkir gt and it will also be communicated to the Courts of Vienna .and Petersburg : ^ 3 it has been deterrnined by the Peace of Luneville, r 3 1011 Temporal Princes as have lest a portion of their th t ve, yr the cession of the Lett .tsa nk of the R hi ne to French, conformably to the basis established by the Con? at 4 Qtess'et Itastadt, shill be inderntlified by means of Semi li:ialk"asi this P rov i s i on plainly implies that suclt Indem t? i 4lteations sh a ll bring no detriment whatever to the Ternpo. Princ es, nor any portion of them be laid on their Territo ries.HlS Britannic Majesty'takes it forgrantecl, with regard to this point, that in the proposed Indemnifications, the Bi 61oPrie of Osnaburg, the 'alternate succession to which is fixed in his Family by the Treaty of Westphalia, will neces sari!), be twitirely out of the question. His Majesty and the House of Brunswic have also under their protedlian the State of Corvey and the Town of Hoekster: These Right and the Pretensions arising from them, cannot be withdrawn from the House of Brunswic, but must be expressly re served to it: His Majesty has also indisputable Pretensions to Hildesheim, which have always been acknowledged and eannot be given up. ' His Majesty will, to the utmost of his lower, support t h ese Pretensions. Much as His Majesty desires to ret a i n a good understanding with the Courts inter: ested in thesearrrangements, he does not scruple to declare, That the Bishopric of Hildesheim Is so connea4bothgeogra phically and pktically with th e T err i tor i es of Brunsvvic Lunenburg, that it can on no account pass into other hands." IenFRANCFORT, - Fes. 15.---,While the greatest si ee is maintained at Ratisbon with regard to the ;n!lenlnities, some German writings on that subjea . xc ude the KING of PRUSSIA from any participa -I°ll in these affairs. These writings are generally re futed At by the P russ i an J ournals with severe satire. , by they di) sot fail to represent the projeas of the Court of Vienna as destruflive to the equi librium of Germany. It is particularly observed, " that the House of Austria acquires an immense preponderance in the Einpire, by the btrKt . of ToscANY receiving his indemnifications • contiguous to the Hereditary States of Austria." If this point be taken into consideration along with the acces sion of the State of Venice, Austria acquires asto nishing advantages by a 'War, in which her Armies have experienced continual ref' ernes, Though the indemnity granted to the PRINCE of ORANG E may equal that granted to the DUKE Of TuscANy, Prussia .acquires no counterpoise, for What might be expeted there from arrangewent, is already attained by consanguinity. In addition to this, the Brisgau, Colnne and Munster are united in the House of Austria ; from which, it is plainly the interest of the Cabinet of Berlin to give affairs another diredion. Austria has. formed extensift plans :—PrusSia ought to render them abortive, or to execute her own, in order to establish the equilibrium of Ger -111 any by a p roport i onal extent of territory. This Is the only step. which the' Empire can take, as a War between Prussia and Austria would lead to its total dissolution. BERNE, FEB. /O.—Citizen D2LOES has been 'sent to Sion, on the part of the Helvetic Govern- Inent, to protest against the measures taken by Ge nsai THURUAU in the Valais. Our first Land. Bann has addressed himself also on the same subject So the Minister of Foreign Relations at Paris. The iNurreaions stilicontinue.in the Italian bailliages ; I .:d troops have been sent that add to the Grim*. Ft.ettket, tin), Gittette of this City has given, as having been deposited among the Afts of the Committee of the Cisalpine Government, by the French Minister PETI ET, the following paper : Paris, 4th BrlZOtairC. EXTRACT TROM THE REGISTERS OF THE DELIBE RATIONS OF THE CONSULS OF THE FRENCH RE ruscic. The First Consul resolves, Art. I. Dating from the xst Pluviose (Jin. zr), the Treb bia shall serve as the limits between Lombardy and Pied mont. 11. All the country situated on the right bank of that river to the Enza, shall be united to the Cisalpine Repub lic. CORN EXCHANGE, February z 6. Tits day we had a middling supply—Sales rather dull.—Some few samples fine d‘'Wheat went off at Is. advance. Rye, but little comes to mar ket.----vats plenty, inferior sorts continue cheaper. Flour nearly as before. Wheat - 6os dos a 78s od Fine do. - Sos a Scs od Malt' 44s 48s a sts od Fine do. -52 s a 535 6d Barley - - 405 a 44s 6d Rye : - = 4os a 42s od White Pease 38; a 41s od Beans (new) 3os a 34s 6d Tick do. zBs a 32s of Oats - - -16 s a 21S od Poland do. zzs a 235 . 6d Rape Seed 321 a 351 per last Fine Flour 55s a 6os per sack Second d0...50s a 55s per do. A new Piece has been brought out at The Theatre 'Republique at Paris, built upon the sufferings of Prince CHARLis, after the defeat of the Rebels at Culloden in the year 17.4.6, but from the ignorance of the French Author in History, he calls his Piece, instead of Charles, " Edward in Scotland." The persons introduced into this Drama are the Prince, the Duke and Dutchess of Athol, the Duke of Argyle, the celebrated Miss Macdonald, and some inferior charalers. This Piece was received with the greatest approbation. Mrs. JORDAN, it is to be hoped, will now soon be restored to the Stage. Mrs. DAMER we hear, proposed to have the DigetantiThentre open with the revival of BEN JoNsoN's old comedy of Epiccfne. By the French Journals, received last night, we learn the death of DUFRESNE, Councillor of State, and Director General of the Public Treasury of France. The First Consul, on the day of his decease, addressed a letter to the Minister of Finance, in which he fully expresses his regret . at the event, as well as his confidence in a future life. At five o'clock in the evening of the 19th inst. BARB E- M4)1.1101S, Minister of the Public Treasury, de livered a long funeral eulogy on the occasion. The Bust of DUFRESNE has been executed by the Statuary MAssoN, who never had an opportunity of seeing him, but it is said to have been well done, though the contour of the face was represented merely froth the description of friends. Perhaps a more gratifying spectacle, naval or mi litary, has not been exhibited this War, than the landing of the 26th, or Cameronian Regiment of Foot, at Plymouth, on Monday :—On an intima tion being given that the Regiment was to land at two o'clock, from the Transports Nos. 8 and g, lying in Catwater, at Catdown, the populace as sembled in great numbers, in all parts of the town, and froM Burtons side to Catdown, expecting their arrival ; the band and drums of the 24th Regiment attended the 26th; the line of march was almost impeded by the immense crowd of people of all ranks and degrees,, to pay a due respect to those brave•fellows, who were partly the means of ending a long and expensive War, by their, gallant exer tions in Egypt. When the head of the column passed the house of T. Lockyer, Esq. at Teat's_ hill; he hoisted the Union Flag at his Flag-staff.— When the Colours of the Regiment passed, a Royal Salute of 2 . 1 guns was fired from Mr. Lockyer's battery on the occasion, which was answered by three hearty cheers from the multitude. The Re giment proceeded through the town to Frankfort Barracks, amidst the acclamations of all tanks of people ; in short, the streets were so crowded, that i t wa s with difficulty that the Regiment" could keep the line of march entire. They are fine looking men, and , appeared to feel, both Officers and Pri vates, the very just compliment paid to them as Britons and Soldiers. The Doncastir Trarsport, with two Companies of the z6th, has been missing since a gale of windin the Streights, when she separated from the rest 'of the Fleet. Died, in London, on Thursday the i ith inst. of an abscess in the lungs, a few days only after his arrival from the West Indies, Lieutenant JAMES IVPHAttc, of the 67th Regiment ; a young man whose military talents and accomplishments ren dered him an honour to his profession. Endowed wjth a heart naturally open to all the manly senti nOrs-Of friendship, his manners were - amiable and .eugaging - , and endeared him to his brother Officers, by whom his loss will long be regretted, and his memory duly venerated. Last Tuesday night, about eight o'clock, three youhg men were going along Cheapside, arm in arm, incommoding every person, by occupying the whole breadth of the foot pavement. Mr. CANNER, City Marshal, seeing their conduff, remonstrated with them, at the same time telling them who he was. One of them struck him a violent blow in the mouth ; for this outrage he was secured, and lodged in the Compter. Next day, regeeting on his beha. viour, he entreated forgiveness of Mr. CANNER, which was granted on condition of pto,licly asking pardon, which to readily agreed to, promising not to offend any other person in future. A similar affair took place yesterday. A sailor, half seas over, seeing three young bucks walking towards him arm in arm, in the IVlinories, who took up the whole of the footpath, he stood still, and swore a volley of sea oaths that he would break their ranks before they should pass him that way. When they began to call his condua into question, without further ado lie began to deal out heavy blows amongst them, and in a trice drove them into the middle of the street, knocking them down one after another, much to the satisfaCtion of the be. holders, and at last compelled , them to seek for safety ir. flight. , t ATV REPORT. COURT OF icjNG's BENCH; tir't.sDAv, Efult. BEFORE SIR aCUIDEN 'LAWKINCE AND SPECIAL JURY. WATERHOUSE V. SIR RICHARD KING) MART• Mr. ERSKINE sjid this was an A&iori brought by Capt. Waterhotise, of His Majesty's armed ship Reliance, nominally against the Defendant, Sir Richard King; and the objet of it was to ascer tain, whether the Plgintiff was entitled to a share of prize money for cert-iiin ships from Holland, which, at the breaking out of the Dutch Revolt'. tion, were detained at Plyinduth, and afterwards condemned and sold as lawful prize. The. parties brought the cause forward' without the slightest hos tility towards each other ; on the contrary, their only wish was, to obtain such faas, partly upon admissions, and partly upon evidence, as would enable Counsel to settle a case for the ultimate de termination of the Court. That the Reliance was one of the ships concerned in the capture was ad mitted; and had the Plaintiff been the only Captain on board, there would have been no doubt but that, under His Majesty's Proclamation for seizing the vessels of Holland,- he would have been entitled to a distributive share of the prize money. It was to be contended he had no right to share, because he was only appointed Captain under Captain Hun ter, who was sent out as Governor of Botany Bay. It had happened in the year 1786, that Captain Phillips, of the Sirius, was appointed Go sternor of Botany Bay, and ordered to proceed to New South Wales to assume the Government of that Settlement ; but it had been thought neces sary by the Admiralty to send outa Deputy Gover nor, and with that view Captain Hunter was made second in command of the Sirius till his arri val at Botany Bay, when he was to exercise the office of Deputy Governor. It was necessary to observe, that His Majesty, as King of England, was the supreme Head of the Military and Naval Establishments of the Country, and as such had the power, whenever h: pleased to exercise it, of altering the ordinary rules of the La‘e, as applicable to either of those departments. With regard to the Navy, it was formerly customary for His Majesty to dele gate the whole of his authority to an high Officer of State, called the Lord High Admiral of England, who of course was invested.with, all the prerogatives and powers inherent in His Majesty himself. In more modern times, the duties: of that important station had been exercised by certain Commissioners . appointed to execute the office of Lord High Ad miral, who were denoMinated the Lords Commis sioners of the Admiralty, and he should maintain that such Commissioners were competent to make any regulation deviating from the ordinary customs of the Navy., without any - special authority from the-King for that purpose. It had however hap pened, that when Governor_ Phillips was appointed Governor of Botany Bay, and Commander of the Sirius, the appointment olGovernor Hunter to the second command was in - consequence of a memorial presented by the Lords Commissioners to His Ma jesty, and an Order of the Privy Council, by - His Majesty's command, authoriiing such appointment. In the present instance there was no memorial to l his Majesty, hot the Corinni:;Dioners had appointed Captain Waterhouse, to the second command of the Reliance, by their own authority merely. The question, therefore, for the opinion of the Court wou ld b e ; Whether the Plaintiff could be considered as acting in the capacity of Captain of the Reliance under the appointment of the Admiralty ? and upon that would depend whether he was entitled to the prize-money in question. He meant to insist, that the Commissioners for executing , the office of Lord High Admiral of England had a right to abrogate the customs of the Navy, which admitted Only of one Captain to each ship. The admissions were read in evidence ; they nothing more than the filets mentioned by the Learned Counsel. The Commission to the Plain tiff, appointing him Second Captain of the Reliance, was also produced : it authorized him to command the ship in the absence of his superior Captain. The ATTORNEY GENERAL maintained, that the Plaintiff's appointment did not entitle him to a share of prize money. He observed, that the rules pf the Navy admitted of only one Captain to each ship ; that in the single instance in which they had 'been departed from, the deviation had been sanc tioned by His Majesty's Sign Manual, upon a me morial presented to him by the Commissioners of the Admiralty, and that the omission of such a form in the present Case, defeated the Plaintiff's title to receive the produce of a capture as a Captain. EVAN NE r EAN, Esq. Secretary to the Admiralty, was examined : he produced the' printed Naval In strudions to the Lords of the Admiralty, the 9th Article of which, for the regulation of Sea Wages and the number of Officers, expressly declared there should only be one Captain fbr each ship. . The Witness said, that when any alteration took place with respel to the ordinary rules of the Navy, it was always done by an application to the King. • Upon his cross examination by Mr. ERSKINE, he said, there had been a• memorial when Governor Hunter went to Botany Bay in the Sirius ; he was appointed second in command. In the present .case, Governor Hunter went out as first in command, and Captain Waterhouse as second. The Witness was not Secretary to the Admiralty when the Plaintiff was appointed, but he had searched the books, and had not found any entry of a memorial having been presented,- and he concluded there had been none ; the Plaintiff had the pay of a Post Captain, but was not allowed the usual Captain's compliment for servants—he was allowed for two servants only. Mr.' ERSKINE observed that if; when Captain Hunter was on board, the Plaintiff had given an order to a Lieutenant, who had refused to obey him, such Lieutenant would have been guilty of Mutiny; the inference from the Observation was, that the Plaintiff' could he considered in no other point of view than as Captain. Mr. Justice LAWRENCE Said, he could not pet tedly comprehend the distinftion attempted to be made.—Either the Plaintiff was Captain, or he was simply a passenger. Was it to be undersrood that when Governor Hunter went ashore, the Plain tiff assumed the charater of Captain, and lost it again when tie came on board ? His Loidship however, 'refrained frchn giving any opinion upon the subjdt, as it was to be referred to the decision of the jaciges. The Jury were.direeted td find a Verdid fOr the Plaintiff for +Bol. subjea to the opinion of the Coutt upon a case to be settled by Counsel. THURSDAY, FRB: 25. SEFPRE MR. JUSTICE CROSE AND A ::ECIAT. JURY, IN W . ESTMINSTiR-14ALL. THE KING , /.1. STEVEN FRYMAN. THE ATTdRNEY GENERAL Said, that this was an Indilment for Perjury against the Defendant, in resped of the testimony given by him, and, - charged to have been false : it was about two L. years ago, on a trial which took place before the Chief Baron of the Exchequer, on an information exhibited by Sir JoHN MlTFotteethen His Majese ty's Attorney General, against two persons, Ken . - net and another, •for the purpose d condemning a Packet of Salt that was found at the door of these persons. Upon the trial of that Cause, the De-• fendant in this was examined as a Witness on behalf of the then Defendants. A waggon had been brought to the house of these persons, and it was standing at the door ; a person coming by knew. it to be salt—it attratled his attention, upon which he went for, and got an Excise Officer, to attend with him, who came, and they made a search in the premises of these persons ; upon which the information he had already stated, was .exhibited against these persons for these contraband goods, and the Defendant in this Cause was examined, on their behalf as a Wit:. ness. Upon that occasion this Defendant swore to several circumstances which were material to the issue between the Crown and these Defendants. It . was essential in the Case now before the Jury, to the conviction of this Defendant, that what he swore was material to the issue, which the Jury had to try between the Crown and the then De fendants, and also that what the Defendant in this Prosecution swore, was false. :there were ten sacks of salt, .but they wanted, on the other side, to say the Officer made a mistake, that these sacks contained oats and not salt. A search was made of the house and premises of these persons, and is was contended on the part of the Defendants, that they had shewn to the Officers, when this search was made, the warehouse, the loft above the ware house, and the cellar below it—whereas, it was assigned in this Indidtnent, they did not do so,, and that this Defendant knew they did not, and swore they did, whereupon perjury was assigned against him.—This was false, and therecouiti be •no doubt that it was material to .the issue which Was then tried=the- question being, Wl , eiher there. • were contraband goods in these premises or not ? He swore also,e that the Officers were not in the iron-mongery room belonging to these persons, whereas he knew they had been there also, upki which there .was another assignment of perjury. 'These were" all faas material to the issue then to be tried, and they were sworn to by this Defendant He knew that what he swore upon that occasion, was false; and that shoUld be proved. So that the Jury would be (ailed upOn to pronounce him guilty A 'Witness produced the Copy of the jougment as entered up in the Exchequer-Office, upon the trial in which the present Defendant was examined as a Witness. • Mr. GuRNEY, Short-hand Writer, who took down the trial for the Crown, read his Notes off this Defendant's evidence, and clearly proved that the Defendant had de,livered the evidente stated in this Indictment. Two Officers of the Revenue were eiarnined,•'foi the purpose of proving, that what the Defendant swore upon the trial, was false ; but the ATTORNEY GENERAL being informed that there were six per_ sons present. when this search was made, and that only two of them attended now, said, he had no secrets to keeps anti had but one feeling of duty; which was to pursue those who were charged with crimes, and, by such prosecutions as this, to sup--• port the interest of the Country ; but that interest supported according to the rules. of law rules waspne, that where a number of ; % i v in a o s n t g o t b i e les s e. Officers of the Revenue were present at a search of this sort, and any prosecution took place, and a Witness swore any thing on behalf of the Defend ant, and was then indified for Perjury,. for any thing he s wore, all the ,OfficerS of the Revenue should be called by the Crown, in order that they might all be examined. Mr. Justice GROSE said, that this was the role, that all the Officers should be produced by the Crown ; ntit that the Counsel for the Crown should examine 'them all, but that they might be . produced in order that the Defendant might have an opportunity of examining, if there were any. hopes entertained, on the part- of the Defence ; thOse who were not examined for the Crown, would contradia those who were examineci i ; they were, therefore, all produced by way of favour to the De.. fondant. The ATTORNE4t GENERAL ssid, that ) for this reason, he would give his Lordship and, the. Jury nog further trouble in this case. Mr, jOstice GitosE said, that - this was very handsome proceeding on the part of the ATTORNEY GENERAL, and Mr, ERSK I,Nt acknowledged it to be so for his Client, the Defendant, who was, there., upon, pronounced—Not Yesterday a man passing the top of Turnagain lane, Snow-hill, the front of one of the }louses sud 4 denly fell down and buried hinfin the ruins. Every: exertion was made to ezrieate him from his dread.,-: ful situation, which was accomplished if a vent 'short time. I-k was carried to St. Bartholomew's Hospital, but so much bruised, that little hopes are entertained of his recovery. Last week a chimney-sweeper's boy, in attempt ing to get up a funnel,' in the house of T. Barker, Esq. of Summer-hill, near Birmingham, became so completely wedged in, that the whole chimney was obliged to be taken down before he could be extri. cated from his unfortunate situation. Notwith s6nding he remained in it severa s I hours, he did not receive anp injury,