The Sun. — London, England, 1802-07-05 00:00:00

N111 7 ,1L NEWS. PLYMOUTH, ;TJLT 3. THE I - libbers, CamiL4,, queen, and Matthew and Thomas, Transports, with the z9th Regiment of Foot on board, bound to Halifax, are still detained in t!‘e Sound by contrary winds. Arrivrd la',t night, the Petterel Sloop of War, of i 6 guns, from a Cruizy in the Channel, after' Smugglers.. . Remain in the S, rind, the Glenmore, Galatea, Oiseall, and Amelia Frigates : the latter is crdered to be inspected, and her defects reported, from "hick it is conceived that she is intended to be paid Sailed the Abbey, HANNAFORD, for Waterford ; and MgDat rah, KEENE L Y for Galway. PORTSMOUTH, JULY 4. ARRIVED His Majesty's Ship Fordr?yant, from Gibraltar, and was put antler quarantine, frOm Which she was released this morning, and Lord Kll:rtt immediately landed. s Arrived the _Ponsonly, WELCH, from Durzar.. A?on, and Nelson, DONALD from Havre. Came into Harbour, His Majesty's Ship Phanix. Sailed the Zephyr, ELLERBY, for Petersburgh ; Castor,Sis BALD, for London; Ardent, THOMPbON, for Cork ; and Sincerity, PR Y DDES, Er London. Arrived the Europa, WHITE, from Si. Vincents ; Meow Royal, Pt ErtcY, from Surinam. Spoke the Dame Bonaparte, from Guadatoupe for Bourdeaux, in lat. 4 .6. l ong. 25. all well; and Four Sisters, from Tobago, Arrived La Deterus;nee Frigate, and Abundance Store -ship, from the Streights ; and Duke 1 York, from Lisbon. Suiied the I mmortalite Frigate, for Weymouth. F4iLmouln, juLy Z. AA.RIVED yesterday, the aP.:/s;,,,gbam Packet, Rosiittra, with Mail from Liohon in cieven days . Left there' the Prince Aciciphtis Packet, Captain JONES, which arrived out on the 19th ult. and was e xpected to sail the 27th ult. with Mail -fut. Eng land. Also arrived the Duke of Marlborough (a new packet intended for the West India and American station), Captain BALL, from ail - voltic:1; the AMerican Ship If7;lliairr, Pew:, Captai BENJAMIN Ross;-in 2,2-days from Philadelphia, with 3500 .bar_ tels flour for orders ; American Ship Nancy, Capt. C E° II GE lioDiss, with fi,ur and cotton,,frotn Bal. timore for orders, 32 daYs• p assa g e ; shipSacrti . Fa meha Capt. CAR b E LL' from Minorca, with fruit, for orders ;; the ship 'Peggy, from London (last from Po rtsmot;ll) for Quebec; brig Norfolk, Capt. jolt N C 'tvEi, from Wilmington, with tobacco, for or ders ; Trwo Friends, Captain BAKER, from Surinam, N 4: sugar, coffee, arc. fix weeks passage, and "' ln d to London. Sailed the brig Dolphith ROYSTER, with cotton and rice, for London. Arrived this day, the Ship Commerce, FINLEY, from Galipoly, and is gone into quarantine ; the Ship Helen, ATK I NSON, with 9774 bushels " Of Wheat, and 150 barrels of flour, from Norfolk, in 33 days, for orders ; the American Ship Jane, Ca Pt • FmtREN, from London for Halifax, with Kings stores and the American Ship Harriet, Capt. MANSFIELD. frcm Now-York, in 3z days passage, a nd sailed again for Havte.de-Grace, having on board 1900 barrels of flour. HARWICH, ,JuLY. T I" King George Packet, Capt. FLYN, Sailed last , night for Helvoetsluys, with the Dutch Mail, 21.1 d about twenty Passengeri; and this inorning the Itiaira Packet, Capt. OSBORN, sailcd fur Cuxhaven, w ill) the Flambro' and Ifremen• Mail, and Cunt IE aNsToFF, the Danish Ambassador. HE E RIV ESS• , JULY 4. YESTERDAY sailed His Majesty's Store.ship 14°Ir wich,, Captain JENNERS, for Spithead. The Guis-hrig arrived from a Cruize after Smug hi pf s (0 7 sailed for Yarmouth, the Driver Sloop "Tilr, Copt • F•.,' • NE and the Snip on a Cruiz e af t , s _ *"UgZitrS, off Harwich. DEAL, JUL f' 4,,.. - Royal Admiral, L . q S " - 1 EI) For the Ri ve r , t h e , to r • y i r tntl China, and Pbxtrix, DOUGLAS, from ja zmaica. Arrived from a Cruize, the 21.Thniey Gun brig, Ind Woabruirb Store -ship from DeptiJi'l, 11 1,i- both •-h remain., with the Calli'id Gun-brig, Totten -4,)4' Extra Indiaman, fur Bengal, and a large Fleet 'b,4tward_Ll,urs,d. ,A2krriong the customs o f Gib ra l tar , i s the slog...liar of 6eilin g pe ase an d beaus by the Vatomi. P,4R.TS% JUYE BERLIN, jtitcE is.--Mre at length ktioW for certain the'ferritories which Pmssia will receive for her Possessions beyond the Rhine.. They are— • Lst. •The 'Bishopric of Heldesheim, in the Circle of Lower Saxony; it contains about 5¢ square leagues, eight Cities, !among wh ch' die:beim, containing i 2,000 Inhabitants ; Peiga, and jild. field, four Towns, and 234 Villages. This Country, though lying within the Eleaorate of Hanover and Dutchy of Brunswick, nevertheless adjoins the Western Limits of the Dutchy of Halberstad, which form, part of the Dorriinions of our Sovereign. It will be united to the Departtnent of Magdeboarg and Halberstadt. Itsßevenyes amount to about ;os 0,000 iivres ; the Country is fertile, and posesse3 consi derable Commerce. The Protestant aiid Catholic Religions are both tolerated. 2d. The Bishoprk of Paderborn,in Westphalia. It contains about 5 square leagues, 23 small Cities, one Town, 136 V:llages, and about 60,000 Inhabitants, and the revenues amount to about 24,000 liyres. 3d. One third of- the Bishopric' of Munster, coniaining 'about 40,000 inhabitants. 41). L'Eichtfeld in rhurifig;a, which hitherto belonged to the I , ..lettor of MENTz. It contains 40 square leagues, four Cities, and 162 Towns and Villages, with 74,000 inhabitants. The annual Revenues are valued at 412,c00 livres. sth. The City of Etfort, with its territory, which comprises 16 square leagues, *raining two cities, 73 towns and villages, and 41,677 inhabitants. 6th. The Imperial City of G9ss/ar, in Lower Saxony, containing 6000 inhabitants. • 7th. The Imperial Cities of Mu/ban:en and Nord hausen. The number of inhabitants'in the' former of these cities and its territories i s 13 , 000 , an d t h e latter 9000 inha bitants. The whole . of these Indemnities contain 200 square leaQles, and • 600,000 inhabitants. His Prussian 1111dics'ty will take possession of theseln demnities early in July.. VIENNA, JUNE 16.—There is no longer any doubt that the Imperial and Aulic Counsellor, M. DE SCHRANT, who laboured" for eighteenC months past in the affairs of the Empire, has , been re-called by the Ccurt of Vienna, si,ce the Indem nities to the SeetilarTrince-i, and the-chit/Iles which. are about to take place in Germany, have been de- !, tinitiveiy arranged. We are n o w assured that the Deputation of the Empire . will not assemble, and that the Diet of Rattsbon will purely and simply ratify the arrange ment decreed, which will be carried into execu- Lion without delay. The Minister of Stare, Count Pc COEENTZEL, and the Count Dc MAI-LATH, Minister fOr , the affairs of Italy,' ,have been sozninoned to Presbur,l, to confer with the EMPEROR. on various important subjeCts. The projea of our . Court respeaing the separation of a part of Hungary front that Country, and incor porating it with Austria, and compensating the loss with. a part of Venetian Dahnatia, has proved'sd little to .the taste of the Members of the Hungarian Diet, that 'the proposition which had been confr cientially communicated to the Die;, has.been with. drawn. . • LIVOURNE, (rUsCANY) Jinn' lg.—The English have delivered. up to France Porto Ferrajo, and the whole of the ',lsle of Elba. They also evacuated Mahon on the 27th of May. HAGUE, JUNE ty.--News most afiliaihg to the commerce . of Amsterdam ha) been received there from Surinam, where the most extraordinary rains, and above all the inundations have destroyed all the produetions of the Colony. "I he returns from all the plantatians will he reduced this year to a mere trifle. TYte last news received from Batavia is more favourable. The installation of the Members of the Depart mental Direttory took place the day before yester day, without the least solemnity. Instead of Mr. avinsox entering into contest for the Representation of any Borough, we are authorised to say, that that Gentleman has uniform ly declined every invitation of coining into Parlia ment. Specimens of a herring net, wrought in a loom,. was on Monday last laid before the Royal Highland Society, at Edinburgh, the knots of which are more firm, and the meshes. more equidistant than those wrought with . a needle. The machine is the invention of a Highlander, and did-not cost more than 51. to complete it ; and has this advantage, that a child ten years of age may work 36 square yards in a day; of 36 meshes in breadth. The letters we Ilifte received from Gibraltar, give the must favourable account of the state of that Garrison. The fortifications have been extended to such a degree, that there is scarcely a place on which a piece of Artillery could stand, where it has not been mounted. A Sunday paper contains the following article : Abopt• the dose of the rebellion in Ireland, three Gentlemen went to the house of another in the county of Wicklow, with whom they were ac quainted, and were most hospitably entertained. They said they were on their way to attack the Rebel Leader, flokt, and were invited by their host to make his house Their inn on their return ; he adding, that he had 2,030 guineas to convey to Dublin, and wishc►l to benefit by their escort. They did return ; but they murdered him, rind took his money. One of the three, stimulated by remorse, has turned informer; and the others, one of whom is highly connefied, arc probably .ere this in cus tody., On Saturday last was married at Anammrrstnith, Eow. POOR E, tsq. of West End Cottage, Herts, to Mrs. LIFY EAT?, one of the daughters and co heiresses of the late Rev. EnmuND Gtasot4, Rec. tor of Bishop Stortford, in the same County. On the 22d of last month died at her house in Brunswick-square, much. lamented by her dis. consolate husband and friends, Mrs. WYL7r, wife of ROBERT Wyt,zt, Esq. bate of Abchurch.lane, London, Merck.mr. PORT4.INb-PL,ICg ON Saturday last took place at Guildhall, the se_ cond meeting under a Commission of Bankruptcy against W. F. Lathrw, co-pattner with r's L. Pres cott and - . 79htt Kin, of Portiand-placz i *Bankers, for the proof of debt:,, and the chOice of A , s;inees. Mr. King's debt of 70001. was rejeded, and his claim of 6001, in .addition to the 'claim he had hrought forward at the 'former meeting, was also rejected ; •and out of a sum,, amounting altogether to'upwards of pool. no more than 1881. was al lowed. great number of the holders of King's Notes, of ' e.Firm-in which Lathrop vas a partner, were cent erect for , the purpose of proving debts, and voting for Assigneess ; 'and among' these was one by a Mr. Birch, who claimed a debt, of r sool. for pantaloons and hosiery, furnished to , yaw King, Esq. for the use of the Banking Firm. Mr. AcArt, who appeared as Counsel ' for the Bankrupt and his sepautte Creditors, asked how it was possible that the Partners in this House could, in so short a time have worn out isool. worth of pantaloons ? . King replied, that they were Merchants as well, as Bankers. This debt was a good deal controverted and the right-of the claimant to-vote in the choice of Assignees was strongly opposed. The Commissioners, after a good dear of deliberation, and after hearing the arguments on both sides, at length determined against the admissionnf the debt, but conditiOn'ally, in case the separate estate of Sir Robert Mur ra y should ultimately pay 203 . i n t h e pound, then. that, he (Birch) might come 'in as a claimant, on the sur. plus of •r he Bankrupt's separate estate. They con_ -sidered that the separate creditors had a prior ela'icri: and consequently that Birch had no vote in the' choice of Assignees. King- argued strongly in support of this debt, that it should be allowed ;, and .Mr.. Birch should be appointed the sole Assignee. Thisi . \vas opposed • ' . .() n the part of .the Bankrupt, and - was -decided ' against King. A great -number of holders of 'the Portland place Bank Securities, tendered ae same in proof o f t h e i r debts. But finding th e y were postponed, and that they couid have - no vote in the appointmen t of As_ signees, they declined' pressing them. . It was then proposed on the part of the Banktnpt, 'that one or more 'of the bona fiai credirois should be.appoinr e d Assignees ; and after cI good• deal of discussion, three respectable Gentlemen' were appointed, ' namely, , Mr. Morrison, and Mr. Tricket, Tradesmen, and Mr. Wright, an Attorney. Inquiry was then made, whether Gill, the sot_ distmg Linen-merchant r of OXention-street, and who • had been the Petitioning Creditor,was present, with sufficient evidence to prove his debt against tilt! hank. - rupt ; but this person did not appear e and the Corn- - rnissioners suspended the 'claim ; Observing that the point necessary- for him to prove, was the date, or his Securities, in order that it might be ascertained whether the debt was that of Lfig separately, or of the Firm. - The Bankrupt afterwards wished.tltat King might be required to produce the books of the - Firm, which were in his custody. King was called, but was not to be found. l‘dr,; AGAR. said, if these books were not produced,'he should contend that • the whole of King's debt be disallowed. This was resisted by The :Counsel on the other side.. At length word was, brought, that King had been just arrested by Sheriffs'' Officers; who would not .suffer him to come hack.— In the meantime, the son of MY. King came with . one accompt bOok, which, as soon as Lathropp . saw, he seized with som e degree of.violence, put' it under his arm, and said. he would keep it as his property. The Commissioners expressed great disapprobation at this proceeding ; and told him he had no right to take possession of the book. 'Lathrop!) replied, that he had never been allowed acce ss to t hi s or t h e other.' ,books.; and at the same time declared, that several . persons had lately come to him with their pockets loaded with notes issued from the Bank in question, which. they offered for one shilling in the pound.— The Commissioners told him that he mustapply to the .Lord Chancellor for redress. Kimst at last returned in the custody of the Offi cer 3; and it was agreed that the .book , shou!d re main in the, hands of the Assignees. Eigg being asked where the other books were, said they had been taken in, execution and sold. He was then asked by Mr. AGr►tt how much of the partnership notes he had : issued, which might afreft the Bankrupt; he answered, under the sum of 10,0001: Being more particularly pressed for a precise answer, he said about soool He was then asked what the profits of the concern might have been during the time the Firm lasjed _He said he could- not ascertain the profits, as no return had as yet been made, of the goods that-were Sent abroad. He was asked if any: of the goods deposited it the Banking_ house had bc•er, applicd to • the use of Lathropp ? he answered, he did not :know. t of any, • except a civil which Sir Robert laid ,taken.,.. The business of the Meeting was then concluded Mr. AGAR, in the cnurse of Ths observdtions, took occasion to state, that King had issued notes from this Banking-house to the amount noMinally, of about 133,0001. CORN • EXCHANGE, July s . - • We Have but few fresh arrivals of English Wheat to-day in the early part of the Market, fine Essex.. sold dear, but having ,several of last s eek's samples, and not many buyers, it experienced' a redudion ; there is little variation in Barley and Malt ;' Beans are as. dearer ; Oats are plentiful, fine quality goes off rather dearer, and i n t er i or sorts. continue low Flour has a brisk sale, and nearly as before. Wheat 54s a. 62s a 72s cd 13cans - 326 a 35S 6d, Fine do. -73 s a 74s cd 'tick ditto - 29 i 33is od malt - 4 6 s a 4 s s a Sts 0 ,1 oats - to a 18; a 22$ ea fine ditto 52s a 53s 6d Poland. do. 23i a 24s od itartcy - Os a 32s od Rape Seed ;2i a 351 pc: last Rye - - 3os a 34s 'oil title Flour so, a 55.-,per sack White Pease 33$ A . 388 Second do. 45s a scs - pet do. The nverage Price•of Sugar, computed from the •eturns for - die week endiog , the . 3oih by of . June, rBoz, is j'hirti , ..eight 86.illillgt and Eight Pince ? ea Hundred Weigini. t COURT' OF KINC'3 BENCH ; Jett J : • IN the courbe ofdibcubsing a Cow on the „Annuity AA, when, sotne objections to the Annuity wt.re started, that were not pointed out in moving ter the Rule for setting abide the Warrant of A trdria y for entering up Judgment to secure the Annuit),, &C. \ Lord ELLENEUROUGH said, he thought it ri'ouid be. a very convenient pratfi:ze in these cases•to lay down a Rule of the Court, that in future ail Objec rionS to be made to, Annuities, ..should he iwerted in the Rule calling on the Parry to shew Can't why it should not be set aside, Thar this would • avoid much conshomption of time in thehe discussions. • The (Diner ...Judges concurred in opinion with the Chief Justice, and, therefore, it is ordered ac cordingly. . , William Bird, a person against whom- his Wife exhibited Articles of th.e Peace, and of which► we gave a particular account in our Paper, came into court to be, bailed, and after a short discussion, Was admitted to bail, himself in 2001. aild•two Sureties in 5o1: each, for h►s keeping the Pe.:::e fcir 12 ►nonths towards all the King's Suujeds, and parti cularly towards his Wife. COURT OF COMMON FLEAS, juLy FthtTADO V. :AUGERS. This was a case of great importance to the Corn. mercial World, and, therefore, we have taken more than ordinary pains twgive an account of it to the Public. It was an Athol: upon a policy of Insur ance, dated the t9t - li of October, 1792, on a Ship called the Patroh•elle, from Bayonne to Mart iaique, and at and from thence to Bayonne, to rre,,vi - r a loss by capture. The cause was, tried before the 'Right Hon. Lord ALVA NLEY, Chief ju nee of the Commons Pleas, at the Sid dugs in Trinity- 'Venn, 1"8o1, when the Jury found a verdict for-the Plain tiff, • s•ubje4t to the opinion of the Cohrt, upon the following ease : • That the Plaintiff was Owner of the Ship, which sailed upon the voyage, imuted in - Oetebt. r 17,0 2 , and arriv.ect at Martiorque in Novenitro- : remained there until March -1794, be- her mainiog was justified by necessity., and War having [token out between this Country and Fraoce,--li e was then, - upon the. capture UI the iseeee nique e by the British .Forties, yti: prize, with 4o other French Vessels. - The Plaintiff, at the time the Polity • and from thence until the Attion was corvine et I, was or, French Subject, resident at Daypiine, France, which country was in amity with Great Britain'when the Policy was effteted, and until diet montW • ofFebruary, 1793, ittewloch time liwtilities commenced between .Engfand and France. These.were the maitertai facts of this ca s e, 'whi c h was argued withegreariearfihr g and ability by Mr. Serjeant BAYLEY, for the Plaintiff, and by Mr. Serjeant BEST, on behalf of the large body of Un-' derwriters, whoolefended this Attion. Mr.. Seljeant.BAYLEY observed,-that the Ties- • tion in this cause for the decision of the Court, was, whether the -subjed of • the Insurance, belonging to a person who was in amity with this kingdom, 'at the time the Insurance . .waseffeded, arid being of ter wards, in. consequence of a breach of that ,amiryc e . taken by one of the Vessels of this" Country, whether such 'a Plaintiff, had or had not a right to recover ? The Learned Serjeant said, he should first consider this case on the Authorities,, because it seemed Do him those Authorities were so strong, that it was not necessary to recur to the principle on which these' uthorities were founded. These Autin are in Douglas 238; and 75 1, Edward I. and in 251, 705, and 7 81 , of Edward 11. First Term Rep. 6t t ;' Third Term Rep. 477 ; Sixth Term Rep. 23 and 35 ; Eighth Term...Kep - . - 548; First East. 475;. and Lord Chief Baron Parker's Rep. 265. He observed,. that in these cases, the very same objedion might .have been taken, that wits meant to be taken in this case by his Brother BEST, but it had not, in fart, been taken. But, though the question was never raised, yet as it might have been raised in these eases, and as the Parties never did raise it, an•inferencearose, • which he thought, - could not be got over, that the Plaintiff was en .titled to recover. , These different Authorities took in a very considerable period oft joie ; namely, from the year 1773 to the year 1,302. He had 'made use of those Authorites for the purpose of shewirg that they constituted a series of Decisions, for a great length 'of time, by which 'he conceived that this Country-was, as it were, pledg-W, to Foreigners,. to perforin such a Contrad :is that which was con tained in this Policy. His Learned Brother would probably argue; that if the Court were to decide, that pn such a Policy, : the Plaintiff was entitled to recover, the consequence would be, that of raking out olthe POckets of the British Underwriters, the amount of this loss, which it was meant the Enemy should -sustain, and, that, in fad, the only IPS3 •sustained would be by one -part of the King's Sub jets, instead of . the Enemy. 'He - contended • there -Was 'a great deal .of fallacy in that argu.. ment. He observed that an- Alien 'Enemy could bring no Adion during War, and it would he for the King, when he -made -Peace, to &cne on . what terms that Peace should be made, and whether that an Alien Enemy should ever have a toght of Action vested id him, and whether die Uoderw rivers • should pay this money.. The King, it he ch , se had a right to insist on the payment of that money. The King, upon Inquisition found; woujd b e enti t l e d to the payment of that money. The King might either exert the right which his Prerogative g ave him, to insist on the payment - of It hitt motley to him, - or he ought dispense. with that tight in favour ofsume of his Suojetts . ; and it was oil) by, the licence of the Crown, ur the negligence of the Crw-Vn, that the Alien Enemy could afterwards in., list ors his right of Action. No loss, *Oct - A . 4 , re; was thrown on any subj.:ft of this Cou ntr y during , the War, except it w as by the iuterv, otio l i of the. King. The ground, therefor e , on 'wliico hula_.Oly submitted he was entitled to the It r.:' a1g.,0 of the Court, wa s t hi s , Tha t t h ere had beco a ion g series of authorities for a long eeriod of time, during whiel this question had repeatedly escorted, but had, Dever been 'raised in any orte wt these Cant ; 1 z.,