The Sun. — London, England, 1802-02-03 00:00:00

NAVAL NEWS.. J PORTSMOUTH, FEB. 2. SAHA!) His Majesty's Ship St. Fiorenza, for the Westward; and the Frau Elizabeth, ACKERMAN ) for London. Arrived His Majesty's Ship Maurer, from a Cruize. Came into Harbour the Retribution Frigate. The Ship Nancy, of London to Naples, was stranded about the Bth of January last, near Cape Trefaiga., on working through the Gut of Gibraltar. Ship 16st, 'Crew 'saved, except one passenger and a boy. YARMOUTH, FEU. Z. ARRIVE D the King George Packet, FLYtt, from Cuxhaven, at Yarmouth; and the Diana, STEWARD, from Helvoetsluys, in Lowestoft Roads ; both with Mails and Passengers. Sailed the Lieveling, HARTLIFF, to Embden ; and Busy, Trsorr, to Gainsbro'. A Coiirt Martial was held on Monday morning ell boutri the Magiricotne Frigate, lying in Sheerness harbour; Rear-Admiral RowLIY, Petsident, to try jame.c- 4, 1 ton, ' a seaman belonging to the Zealand, guard-ship at the Nore, on a charge of absenting himself froM the said ship without leave. After a short deliberation, the charges against him being fully proved, he was sentenced to receive 150 ashes, and to b e i mpr i soned in the Marshalsea for six calen dar months.=The Court then commenced to try - Affing Lie u t. PASLEY, hat fri late bel ong i ng to the Bea u gate f , or scandalous expressions and charges , .. against Capt. PoYwrz, of the said ship, and absent ing himself without leave w thouth D oc k . bile sent o n d uty at Pl y- The Charges b e i ng proved, he was His M a r endered incapable -of ever servin g as an Off i cer i n jesty's Navy again. Tile Merchants of Leith, in testimony et their tsteein for the conau6 of Capt. CLEmEturs, o f the Royal Navy, as welt as for the serviees he has ren s dered to the Trade of that Port, durin g the time he has commanded His Majesty's Vessels upon the East Coast of Scotland intend to elegant Piece of Plate, of the value of One Hundred present hi m w i t h an Pounds, of t with a suitable Inscription - .---The Mem bhe Trinity House of Leith have also pre sented him with the Freedom of the Incorporation, in an ele gant Silver B ox , as a .mark of their esteem for his conduet whilst emploed upon that s Times appoi y s tation. nted for t h e East-India Ships of the S eason: February. avid Scott ; for alth Chi n 1 3 th a, to be i n t h e Downs, h amstow, for C oast and Bay, to be in the Downs, 1 31 11 ry. Feb. 11 „,engal, for Coast and B ay , to b e in the Downs, I.3th do. -Lord Nelson, for Coast an d B ay , to be in the Downs, :3th i. Feb. "'lilted 13th Feb K ' ihgdoM fat Coast and B a y, to b e i n the Downs, T C, , e l „ . ._ r e) for China, to be in the Downs, loth March. as -- eesiQat. for -thilla, to be in the Downs I , )th do. *Loyal Charlotte for hla- to laq in the Downs, zoth do. ari St. Vincent', for 13 Bombs-' b' t ' -' be in the Downs, 14th do. it. Edward Hughes, fo°r 13 o a n Y ibaj,;" to be in the Downs, 14th britMarch. nnia, for Madra s and Ceylon, to be in the Downs, t4th do. Neptune, for Ch ina, to be afloat March 4' to sail to Graves end 18 th ditto, and to be in the Downs, 23d April. The following is the number of Ships which pas sd. the Sound in the year 18.01 li sa r a lt n i e s s lie , : 2 4 5 7 Americans, - 172 ' Russians, - 3 6 swedes, .. 1632, stock,ltt SM. 916 _ Prussians, - 2049 Total, -8897 —_,______,......__ Vesterday Earl ST. VINCENT came to the Ad miralty from his seat in Essex. It hat. ,been surmised sha re o f probability , and we think wi t h some prese nt , that Sir JonN MitFoao, the clvat Sneaker of the House o f C ommons, will be , 44... eed.t o the Chancery B ench of Ireland, and that 3F6s-rEat, will succeed qeneral him as Sp ea k er, Tit tcoE and Admiral Ducxwoßen were on the 3oth November invested with the Order of the Bath at Antigua, with great poMp, in the presence of Lord LAV I NGTON. It is said that the Ship's Company of the text Commander . , Frigate, have , petitioned for the restoration of their late Commander Sir EDWARD HAMIITON. This .PetitiOn. will he backed by the good wishes of the si:hOle Niftion. The gallant services of Sir Ell !V AR - D 1 - 1 A.MI I.T(iN can . never be forgotten while .. British gallantry shall excite an emotion of admira , .tio n in the human mind. The second 'battalions of several regiments are imiliedialely to be incorporated with the first. (4reat numbers *Of privates front those corps. have lre.adyenteretl for that purpose, and ' receivo the -usual boulities. '`-'l.l dof 2 'last week- paid by flvar s 5,0c0 guineas were overnment Agents in this way. _ A Court of Aldermen was held yesterday at Guildhall, Present his Lordship, eighteen Alder ?lieni, .: W l' • Common Serjeant, and other City Officers. .* Price of Bread was ordered to continue at Cke, Shilling the QUartern-loaf. • The Clerk of the Cocket Office, Mansion-house, deveed in an Account of Flour sold to the -B liver , s for the last twelve weeks, amounting to 1 95 , 4 1 7 sacks, which is• r6,z84., nine-twelfths sacks coosuined by the Metropolis weekly. The Report of the Committee for General Pur poses respeaing the appointment of an efficient IVldgistrate -lo t the Town and Borough of South -.. wark,. was taken into. considerati on , an d after a 0.. loommittee ng deba'te, they. at last agree d to refer it to a of Seven Aldermen, assisted by the titY Law Officers, to examine into t h e Ri ghts and r)o-vcrs whi c h the Magistrates o f t hi s City have in l' e the ~,,!'d Borough, an d i eport their opinion to the tit C,:',111.:, ( - ) 'I Kind AV i St the Ho n . T HOMAS Lord Fotaaix' IPpeared at t - he Bar of the Court of Common Pleas, 'Thd . &tiff:%'.ii recoveries of estates of co ns id era bl e ud L"n"Zlitt: iCl,pair.t of value, FOR THE St/N. tHE CASE IN CLUNCERYi ••••••••MINI, Ciussidicus„ Rhetor, Philo-Dratiratit, &anis rmit, ainens, in cerium jussens, All useful Science, starving S- knows; And bid him go to Court, to Court he goes. Jour:sent. WUZN the Patriot, whose lips, like his life, from his youth, Breathe the essence of loyalty, honour,, and-troth, Long in Criminal Courts a sure evidence known, Friend of sainted O'Connor, Tooke, Hardy, and Stone*, Into Chancery came, and exclaim'd, " Here I stand, " With fads in my mouth, and with proofs in my hand ; " I deal not in fancy and fine declamation, " My object is payment, and not peculation ;" The Lawyers all laugh'd, and cried, " Very good, very," And the C whisper'd, " I owe you one, S—." Then S— went on with his Chapter of Ads, And with merry malignity stated his fads ; On M— and H-- commenc'd the attack:— They resisted, and S-- was taken aback ; But G—, who was absent, he safely revil'd, And his claim, as Proprietor, burglary stil'd ; The Trustees, and the Bankers, in turn he abus'd, Last the Authors, whose Pieces he laugh'd at and us'd : Monk L—'s + Morals made excellent fun, P— H—'s Indiscretion was paid with a pun; In short, he so ably the Manager play'd, Neither Creditors, Authors, nor Adiors were paid; Yet still 'twas the burden of song,... That he was quite right, and they all in the wrong. , " But, my Lord (5 cried), give me leave to observe, " From rectitude's path I ne'er swerv'd, nor will swerve; " Tho' malice and falsehood asperse my fair tame, " For negligence only I'm subjed to blame : " Inattentive I've been, too regardless of pelf, " But all the sad consequence fells on myself; " Every Creditor's safe, and his debt, tho' delay'd, " At the Day of Accounts f. will be certainly paid." Then the C— spoke : " From whatever I've heard, " My opinion is clear, that this Cause be referr'd ; " So completely throughout has all vigilance slept, " Not a trust is perform'd, not a covenant kept ; " Such a scene of confusion I never yet saw, " But I would not enforce the strict letter of law ; " Yet if Parties concern'd still refuse to agree, " And I am compell'd to pronounce a . Decree, " The proceedings are such, certain ruin must fall " On Proprietors, Theatre, Credito . rs- 7 -all !" " No palpable fraud has produc'd this elreel, " But the worst of all faults, long-continued neglect : " This, JOUNSON observes, and the faa I admit, " Renders useless all Knowledge, ridiculous Wit, " And script of its splendour, and sunk in decay, " Makes Genius at last a contemptible prey." Feb. I, ao?.. S. * Mr. Fox calls them, the four most innocent and injured men living. t Clodius accusat 111mchos, Catilina Cethegum. t. Ad Grxcus Calendas. COURT OF CHANCERY. DRURY-LANE THEATRE. Mr. Serjeant PALM E a said this morning, he should be ready with his award in the course of two or three days. The LORD CHANCELLOR ordered the business to stand over till Tuesday next. The period allowed by Government for the re. demption of the Land-Tax will expire in a few days. A recent determination of the Court of Exchequer, has made a considerable alteration with regard to the Law of Tythes—it has been adjudged upon solemn argument in the Court of Exchequer, that Ty thes are not payable for the forced productions of Nature in Hot-houses. The recognition of a contrary law has ever been considered a most unjust oppression.— The Judges, with the exception of Mr. Baron GRA.. HAM, were unanimous in abrogating the law as it has hitherto existed. As a great proof of the increased population of the town of Plymouth and Dock, and of the influx of strangers, during the late war, the tolls of the bridge at Stone-house, between Plymouth and Dock, the property of Earl MOUNT EDGECUMBE and Sir JOIIN Sr. AUBYN, which; at the building of the bridge, in the year 1772, let for s°ol. per annum, let last week at the rate of zsool. per annum: We understand that the present high price of all kinds of provisions at Bristol has induced Many of the most respedable inhabitants of that city to turn their thoughts towards supplying themselves with meat, by forming a fund for the purchase of cattle. On the Wednesday of the Malton Coursing Meet.. idg, which commences on Tuesday next, a match will be run over Langton Wold, betwixt Mr. n L xy's horse, and Mr. TEASDALE'S mare. These were the two horses that went some time ago across a country for four miles, and took ioo leaps in the way. The mare is said to he rather the favourite of the- two. Mrs. BlLLtrrtrro , l, it is Imped, will now very soon be able to delight the Public again by her syren sounds. Mr. and Mrs. Porr are certainly very respeffable Performers, and so respe&able in their profession, that they are above any injury front the extrava. gant eulogies which mistaken friendship bestows on them. We cannot, however ' forget a couplet of YOIING, which seems very applicable on this &ca.; sion, to those " Whose praise &fames, as if a foal should meatt, By spirting in your fact, to make it clean." Such a multiplicity of alteration: have been made in the new Tragedy of A/focto, that it has been humorously compared with sir jabs, cutler's stcd_ ings. The Manager, however, has so much int pro,ved upon the Poet, that we cannot pursue the allusion, and say with Cr a gtk, "so much met. digg and mending is but darning an old rud e to make it worse than it es.'as before." In fact this passage is Wholly inapplicable, in the present case, anclimplies an irnpostibility. MA NrtEtro Addresiel to all the States, Frietids or Afties of the French Republic, to all Goniei-nort and Com manders in Chief of the Sea and Land Forces in `the West Indict, to the Captains and Commanders of the different Skpi of War bele' ng;,n,K to the said States, stationed for the prertegion of Their respec tive Colonies, or navizal%nk in these Seat. By the three undemprittiii Nagistrates, nominated by the First Consul of_ the French Republic,, to establish and ionstitate the Government of Guada. loqie and its Dependencies . A month has elap s ed sided a few fa&ions men,. enemies to all social order, - have found the Means to usurp the Government in the Island of Guadaloupe; To succeed in their plan, they have Calumniated the legal authority of the Captain General', Rear-Ad- . miral LACROSSE, who was then solely and provi sionally charged by the First Consul, BONAPARTE, with the civil and military powers ; they have se duced and led astray the armed forces, incarcerated the Officers who remained faithful to the Mother Country ; and finally, they have audaciously dared to lay criminal hands on the Captain-General, and banish him from his Government, after having de tained him several days a prisoner. The Captain-General having been put on board a Danish vessel, with imperative instructions to land him at Copenhagen, was fortunately met by His Britannic Majesty's Frigate the Tamer, • Captain islE RN, Commander, his claimed protection was granted, and he found an asylum at the Government House at Dominica. At this juncture the news of a General Peace ar rived in these Islands, with the official account of the Preliminary Articles having been concluded,. ratified, and exchanged, between France and Eng land : it was supposed . that the communication of this intelligence, by demonstrating to the Rebels the speedy punishment awaiting their misdemean ours, would be sufficient to recal them to their duty ; but it was in vain. A British Flag of Truce went to Guadaloupe the 13th of November, ISo 1, and notified to them the 14th, the official account of Peace, to which no credit was given, and the Of ficer of the Flag was insulted. It was necessary for them to amt in this manner to he enabled to fit out Privateers, and to allow those actually cruizing to continue their depreda tions, and receive their prizes. The legal Magi.' strates have now in their possession a Commission of Letter of Marque, dated the i sth of November (the day after the notification of Peace was comm'uni card by the Flag of Truce). Information has been received that they have authorized the capture of several vessels belonging to the Subjects of His BRI TANNIC MAJESTY, which have been carried into the Ports of Guadaloupe, a conduct-absolutely piratical. The First Consul having given orders to patch from Brest the Pensei Frigate, Captain VAL TEAU, with the official accounts of Peace, sent out likewise the Colonial P,refea and the Commissary of Justice, in order to form and complete, in con cert with the Captain General, the Government of Guadaloupe and its dependencies : on their making the land of Deseada, they were informed of the re. bellious state of Guadaloupe, and on the 24th of November they • joined the Captain-General in the town of Roseau, of His Britannic Majesty's Island of Dominica, with the permission of His Excellency the Hon. ANDREW COCHRANE JOHNSTONE. In consequence of which, and of the two an nexed Papers, one being an Ad of the Government of the French Republic, regulating and constituting the different Authorities, military, civil, and judi ciary; for the Island of Guadaloupe and its depen dencies ; and the other, the Address of the three Magistrates composing the Government to the Ci tizens of that Island. The three aforesaid Magistrates, composing solely the legal Government of that Colony, are earnestly prompted to fulfil an essential duty, by denouncing to all Nations, friends and allies of the French Republic, the state of rebellion of Guada_ loupe against the Mother Country, caused by some subaltern factious individuals and others, without any title, who have usurped the reins of Govern ment, and all civil and military authority ; in con sequence of which they hereby declare, that no amt of the said rebellious Usurpers will be approved of, or have any effect ; that the Privateers of Guada loupe, continuing to cruize after the official account of Peace, or attempting to make prizes, will be looked upon as pirates, and treated accordingly with all the severity pointed out by Law. They request the different Governments of their Allies, the Governors, and Commanders of their Fleets and Ships of War, to prevent the exportation of arms, gunpowder, ammunition, or provisions of any kind, for the use of the Rebels, the importa tion of which into Guadaloupe will be prohibited under the severest penalties. They DECLARE and ANNOI/NCE, that no naval expedition or commercial clearance from the said Island or its dependencies, can be legal, without the Captain-General's signature for ships of war or armed vessels, and that of the Colonial Prefeay for merchantmen and other vessels of that description ; and they in consequence request all those who are authorised to amt in the different parts where such vessels from Otiadaloupe and its dependencies should anchor, without the proper papers heretofore men tioned' to seize and sequestrate them and their re speetive cargoes, arrest the crews and passengers, and likewise all passengers leaving Guadaloupe in neutral bottoms, without the Captain - General's passport ; the aforesaid seizures and individuals to be at the disposal of the Magistrates composing the Government of Guadaloupe, or of the Commissaries for the Commercial Intercourse of the French Re public, wherever such establishments should exist. They DECLARE, that the Saints is the place fixed upon for vessels intended for Guadalotipe, that it has been granted for that pnrpose by the British Go vernment until further 'orders ; and that Means will be there found to communicate With the legal Go vernment of said Island, and assistants, if required, obtained: The aforesaid dispositions Will take place provi sionally until the French Government sends out to these islands sufficient means to pat a stop to plun der and rebellion * and reestablish order* whichi 41. •• I • weed it taices be iinblished in the manner, being - of essential iritportatice fot- the trail; qnillity of all. Governments. • Given at Roseaii, in nis Britannic MijesiYq island of Dominica, the third day of De; cerriberi rikir. (Signed) LAO Rossi, Captain-Generali. LESCALL I Eiti Colonial Prefeet:. CdsTER, Cotrimiss. of JustieSe:; LAW REPORT. tOUIZt OF KING's BENCH; Fta. MR. Justice LE BLANC sat for My Lord KEN; iroz4, in Westminster;.l-lall HARDCASTLII rt.;. bria . , . . . .THE Plaintiff is a Water-closet Maker, and the Defendant is a G-titlerriati of large fortune, who speculated on building seven .6r - ti eight hotises, or: the Stehle, at Brighthelmstone, and employed a person of the name of Last, a builderi at Brighton; to erect these houses ; for which . purpose an Agree- ' ment •in Writing, was executed between Mr: 0. Bayer and Mr. Last, . prOvidinz how the houses._ were to be built, and the carpenters, bricklayersi and other people paid, &c. to:•be paid by .Mr. Last. Mr. 0. Bayer directed Mr. Last to iVriji to London, to Mr-Brarnah, and, Mr. Hardcarrle ; to know the terms and conditions on which„ they would make water closets, pUmps, &c,,,..,181' SiX houses. Mr. Last did so;:atid'recrived thi.iiropo sals of. each of. these two. petsfinsi'Weilth being shewn to M4..0...8ayer; I levidefro3irtiittCV•Mr. Hardcastle : accordingly six wate*/tltls e t4•pu m p s ; &c. were furnishedbf - MWI-Tifdeaso e , for theSe houses at B?ighton.. Mt•,.L745t. : 4,q714 . 7 - atas became insolvent. 2._ ~ ... ~... ,X... ,0 . ' . 1 „ ,, ,. i '.. : ... • ' It was contended,. on, the part f , :th -Plaintiff; . that if a peribn; 'who is Age - tit to -pbetak, 'obtains goods for that other, without na . . i l i ft .Pri t i e j,i; a i, that Agent is_answerable To Thcpe j tfio/0 c urnisheS, these goods on'efZ:dit - ;' but if 4 gten leshe p ' ierson, to giving such credit, 'finds' out theiAltipal:for whOsb: use such goods ‘verefurnisho,orvi c h ei.illt giv i ets';,, he has then a right to litaveteco . ,,-ert Y phi 4;o* 'Agent, or the Priticipal.“loiiiin•xthis case, the perstm giving' erect-ity-hits:tw.o-stri4 s ,46 Ir is b ows x &C. nil!". ihe pa t, the '. .De rt fe i n ils da li° nt.°; fine as Out i w twa n s ot c d o e n n te e n d de3,l that the..credit was given solely ib . Mel.;it - st, . Ai'it A jeiferor'thd' Defendant, but on his own Ic:courrk - ; and whether the credit was br was 'pot so,giYenAteka the single question in the cause. --. - . - The Learned Judge, ui)on the o,l o l e of, tj k c,ev,i;. dence, thought the credit Wa , S, 11%1 1 on own account, and the. Jury ‘vtl•E of :hc_same opinion, and found a vcrdit A , for ;lie .. • THE EXECUTOR'S OF S'EEVENSON:.,. jOHZ7S6OII:•` Mr. GURNEY stated, that this s a Writ; of , , Enquiry to ascertain the damages stittaiud I.ltWle ; Testator of the Plaintiffs,- by, the, ,fentlant .not fulfilling the condition of a.Bond. , pon , thsfe.:-Ic of the case there had been no ditferen e : Jae.,Q . ues ,; tion was a mere Question of Lir , whith .;nose from the following fads : .The Tl.statoe;of . the Plaintiffs had lent Stock to_the- De ..endalt, which he engaged to , replace on the first r : ay, of August, ir 17q9, and to pay the . Divit l iends. 1 1„.lie- had ne.. gleted to replace it at drat period. .;e..1 the., only: question was, whether ,he she ld :iqw pay the price of the Stock as it was in, 4ugust 1.799,,, or the price as it was the' time the t Action ,wit 4 brought ? As the price of the Stocksileld risen-con. siderably since the former period, he co tended that: the measure of the damages ought to `ie. the 41if, ference of the price between. August f 79 9, and the latter period. . . Mn LITTLEEIALE for the Defendant; argued that t he was only bound to pay the pri6e -which tli Stocks bore at the time when he ought to have. coin.: pleated his contrld .by:replacing it. To support this he quoted the case of butch and Wall,.cited in Moses and Mac Farlane (2 Burr). Mr. Justice LE BLANc was. of opinion, that_ tine measure of daniages•ought ,to be the amount which the plaintiffs had suffered by the 'Defendant not.per.. forming his contrad, consequently that they .were ; entitled to the highest .price. . . .. It was agreed between the parties to take,a yer... did for the highest sum,• with liberty for Mr, LITTLEDALE to.move to reduce it, if upon further consideration he thoright he could support his case. Verdid for the Plaintiff's. CORN EXCHANGE Fibi-utzly _ - FROM the great sales on 'Monday, Our Market was thinly supplied ; but, little alteration took place : there Was a deaiand for Beans, at a small advance. Flour is still expelled lower. Wheat 58s 6Ss• a Bos od Old Beans 46s od Fin do. - BoVa 82§ . ad' Tick dd 3zs a 35s 6d Malt 4os 42s a 48s od Oats -= - iSs a z4s od Fine do. 49s a jos od Poland do. -25 S a ::.fas ad Burley - - 37$ a 41$ od Rape SC..d. 341 a 371 per last Rye - - 365 a 405 6d Fine Flour 6os a 6;.'s per sack White Pease ;Ss a 42s od Second do. sss a 6os per do. Beans -32 s a 37s od The theatrical season at Newcastle clod on Wednesday last with the Play of King Lear; for the benefit of the Manager. The house was crowd ed in every patr j 1371. being the receipt of the night: A SigGITLAR Outv. - .lnot WOUND.--- - -Ori Tuesday last a young man belonging to Mr. Givens; a Par;., met near Sunderland, loaded his gni) with a piece of slug shot, in order to fire at a mark upon the barn.: door. Unknown to him, his sisters a young wo Matt about twenty•yeats old, was standing in the opposite door stead. He fired 'his piece; when, un fortunately, the shot Went through the door, enter:. ed his sister's left side near the back bone, below the kidney ; and came out above the upper part of the abdomen, Close under thC lowest rib on the right side; without,' according to 'appearance; having done any material damage either to the kidney, intes tines, or any of the rib's. The young woman, after tieing thtis shot; was able to Walk home; go t 1 stairs, and help to Undress herself; The Surgeon %oho attends her hag great hopes of her teCCorety .