The Sun. — London, England, 1805-02-07 00:00:00

if cs I iv.4IIPAZ NEWS: vi►(e ACCOINT or TUX LOU 01 71411 HAM 01/ AAELCA. rscx• ray. lying Fri vY opal u naol'l rat ed, ai d )ni $411.011 all aii 110. 1 , V 0 1 " #;i t 1 9e, Opine The Boatswain 4th bitty Mr, Savage, Midshipman Sth Ditt o Cadets, Messrs. F o rb e s 401 Ditto ..814., two Dents ...6......... ) 4IL . t. % wan put t Davis .4'. D4Vie. Surgeon —..... Ilamilton UV* / ..0411100 Lane ik E r b fawn er ......... Leatibeatet fir, Audi&lg s , di tto .. Rams!! Ev I ans. ditto .......... Graham kit jtek ton . .....Atio Ste WI re t htitts Mgt's. Taylel imoveso Sei it H. .. f.. -- " 4 "` Glentshimp ........ Matlack t'''*".Tw a i ts Tho r arPieter Mr. Tait Clark - -, The Ship's Ste /Ivo Women ti. Six te . glit Seam w ard Ensign ItrAlow, :24 Foot, ir tY•thres So en rft In all about 3eo. ld 111 01 about tao. era, rTINNY LAST INDIAMAW. ON Tuesday, February 5, the irtsferi made the Cigna' for those Ships that had Pilots to bear away fat Portland Roads. At three received on board a Pilot, anti through the ebb tide setting in fast, and *lack wind, she drove on the Shambles, a bank of shingles off the Bill of Portland. Between four asd five o'clock the Ship, after beating with the ut. molt violence, got on the bank', fired many,guns as signals of distress, and finding the Ship making much water, employed the people pumping and bailing her from the fore hatchway, and using their utmost exertions to save the Ship, but all in vain. At tight the Ship had 15 feet water in her hold, Came on board a Boat, who took Mr. and Miss £ v." 3l , Miss Inc icsoar, Messrs. RUTLEDGI and TAYLCIIt s en board. At ten the water had got above the orlop deck; at half-past ten found the Ship settling fast, and a few minutes before eleven t he gave one surge, and went to the bottom, with above 300 souls. The undermentioned Gentlemen atsyartof those saved and drowned, to the best re. t iittlion of the 'writer sa.vz*. DROWNLD. tsteet Seipp*, Bth Light C apt. W ordsworth Drape /14 Mr. Baggot, &.t Mate MMus „ F~s•d..••The Earl eAholatievey, 1111"ed-1)01HICI Eilbt Indianian, is sunk ofithia Port, 'n twelve fatho ms w Sh ambles, ater , after striking on the Th e 300 Captai n , Fi rst M ate, an d a b out People (Crew and Passengers) are lost. PLymootit, Fan. s.—Arrived th e P r u ss i an B r i g f4144/4"hflas Capt. HOHORST, lad en wi t h fl o ur, ',; (4llN arizz, bou n d to Sc. Andero, detained by the 00/1/4 Atargiojta Frigate. Arriv e d the Topaz,' from a Cruize i n the I r i s h Channel; and the Pour' krigates the W estward. from a Cruize to Sailed the Afexcheron Sloop of War on a Cruize, ~S , " " "Ess, Fan. 6.—This forenoon the Re. main of Captain RENots, j:Zeald, of His Majesty's Ship were removed from Captain MANDY S 4 a in g 3 l in the Garrison, to the Parish of Minster, "11 deposited in that Church with Military H0.1‘,,11/uutt. Admiral Row ',Ey a tt en d e d as Chi e f '" rn er ; and Capt a i ns NIANIIY, 'BROW G" . Rai G. ;I"Cs MILNER, STCHARLTON, r W ARD , an d Cas .all-bearers,All the other Officers at Sheerness at. tended the funeral, as the last respc due to a good Sian and brave Officer. r p r le ft4m il;eli of 7+ guns, Capt. Picstmolvs is a few ( at Luntiet tc h, an d expi at e d at the N ote i n 43. httrex;S/1, o liv t d f 64. guns, Capt. BAY Lay ) at. Yesterday at the Nora. ire szii.mwr Bomb is ordered to he paid " fr . 4" Afritai w II , .148 gu ns , Capt. MANY, will ' n et lower masts and bowsprit in tc.rnerrovt. b The dinetb.yit and Nartinsts Frigates are expeetad Chatham duri ng tho week; they are then to 15in the )1/4/0 Tteel Fl eet . W P t ain is yet ap po i nte d to the 4 ...118 n _ am/A b v d 'Y the Aiardis was paid bo unt y, an d set. "111°4ths advaact. Sh e proce e d s I n a f ew d ays la rtiAs o an , tie, 6.....5ait44 His Majesty's Ship Luau. Defiadri s and I r /d, GU lt -b l i gs , 4 4 CNA* off Boulogne. S A 4 iltd 1 the Harriti, Capt. Pm, for the River. -41 Tvitul the Wir_lpto e41)1. SAWD I LAND ; Ear/ 41 1 1* '• Capt. A. I % lA'S', East India Ship s , f rom and r ° Ri Yeti Iltild s a il e d w i th the Siorty i Chariton., 44,4 Aorta*, for Portsmouth. 34 6 . 1 the DiQuirb Wavy Transport, for Ports %owl, c C one down frnm the River the . 4 / 4 4/telle, AoLe. i n k :la IR, for Tobago : she spoke early this mom -1.4 the Ship Ci 0 V EdiNbstrb, from the River, 29:and to Anti/04, wh o had been oh shore on th' ,twiltirering Sand, and Was got ofr bY the assistance of it.1 y 5 : 140 .: 1 ;.3, with the loss of tticitkr, and very ~,::DisTrostrnom OF PRIZE -MONEY. "ttrhtehOf.icers and Compsny of His lt:lajef.ty' ShiP. S i. Ze c Lapttire of the two French Ships L'A and L /71.,,0uth;').„,th! 3"4 MAY, 18 01. on board the Sirius, 'at P1y "444 ---`ntf or at N o, Clcwaar; evcry 1 , tioay, s LAIN REPORT. COURT OF KING's BUNCH, WzONISDAY, Era. 6. AVISON LORD X.INNAIRD. This was art application for a new trial. The motion was argued on the 3155 of January last, but a further hearing was postponed to this day. Mr. Justice La BLANC read the report of the trial at Lancaster, from the minutes of Baron Gamiest, who presided. It was on a Policy of Insurance on the wife of the Plaintiff. The depositions were very contradielory, some describing her as a fresh. coloured healthy woman, of great vivacity of tern. per, others as labouring under a fatal disease, from habitual intoxication, and as wholly unfit to he the subjeat of such an insurance. The Witnesses for the Defendant said, that her ruddy appearaece was to be attributed to the. use of rouge; that she drank a bottle of brandy a.day, and that all the restore. five power of bark and either could not preserve life under her excesses. The argument this day was wholly confined to an alledged mis.diredion of the Judge, in admitting as evidence the dying declare tions of the wife of the Plaintiff. Messrs PARKE, Tor men, and Wool), contended, that both on principle and practice such evidence ought to be received. Mr. Serjeant Cece ELL, and Messrs. SCARLET and Etienne tastier, on the part of the Plaintiff, argued that it was equally contrary to precedent and legal policy to receive the testimony of the wife against the husband; Vitt they said it was in consequence of the bias the Jury had received from the admission of her idle conversation, that the verdiet had been found fur the Defendant. To the point of precedent the cases of Bail and Varlet, Ambrose and Hendon, Munro and Frizzleton, Thomson and Trevallian were applied.—Netu trial refuted. THE KING V. EDW. INGR CLOPPORS. Mr. BORGY moved to quash an indiAment found against this Gentleman. The charge was, negleal. ing to repair a certain road, near Stratford, in War wickshire. In the 14th Geo. 111. an Ad passed for inelosing ground in this neighbourhood. There were two counts in the inditiment : on the second count the objeetion of the Learned Counsel was over. ruled immediately; and also on the first count, after a re-examination. This count stated that the Defendant ought to repair this road on account . of the tenure of his lands ; but it did not aver the old road had been repaired by the Defendant ; and on this ground the Learned Counsel contended, that the indictment did not bring the proceedings under the Statute. Lord ELLENBORMIGII..--" I think fwtione te. tiara is suflicient. An indiament charged on tenure in fee simple is enough, without charging ancestors, fir that is implied. Hence there is one good count." —Rule re . fi4ted. Mr. Butitouons moved for a Writ of illeedeems to be direaled to the Justices of the Peace sitting at the late Quarter Sessions for the County of Berks,. commanding them to hear an Appeal on behalf of . a perAon of the name of Saunders, upon a subjeft in which a conviction in a Penalty of .2001. had teken place, before Justices, on account of letting . some lands contrary to the proviSlons of an Att of Parlia ment. The question turned upon an agreement, which n ot being stamped, was Sent to London for the purpose of receiving it, in order that it might be. produced in evidence, and a motion was made at the Quarter Sessions, that the appeal - might stand over - until the agreement should have been returned with the proper stamp affixed to it. While this motion was• making, the agreement sent from London, by post, ar. rived, and was Ore red in evidence to the Court, upon which the Counsel against the appeal, objetled to its reception, on the ground that it was not stainp:d at the time the eottri7iaioa took place.: This was dis. cussed some time : the Magistretes were divided in opinion ; upon which*, a poll took place among them, when the numbers were eight to seven against receiving the agreement. Buettouolls.said it was but justice to the Noble Lord who presided at the Quarter Sessions, to say,that he was nor one of the eight: he ditl notch vide, choosing to remain neuter. By this decision a poor man was kept our of his, 2331. and this application was made with a view to quicken these Gentlemen on this subjelt.—Rule to shew Cense granted. TIZR KING 't !. SUTHItIiTON. Lord EeeItNUOROUGO said, that when the judg. Mont against the Defendant had been attested on a point of law, which left his moral eharaCter pre aselir where it stood, the Court, considering wile. s hier it was fit that such a person should remain en the Rolls of the Court, direCted the Master to cer-- tify whether he was an Attorney of this Court ; which the Master had done in the affirmative. lie wished Mr. livaaouous to consider whether there was any thing to offer in this behalf, Upon this, a few observations were made by Mrs Butte° tiosts for the Defendant, and Mr. DAL. LAS for the Crown, in the absence of the ATTO:t siy.GtorsaAt4, which ended ire the Court orderine that the Arroatter.Gast tam. shall have notice rat this case, and that in the mean time the Defendant shall be suspended from praCtising as an Attorney. On Thursday afternoon, while a woman was working in a cotton mill in Duke-street, Glasgow, she, inadvertently, having gone too near the shalt of a picking machine, was dragged in by her clothes, and so shockingly mangled that she died soon after. On Monday night, a boy belonging to Norton and Hooper, Confectioners, in flulbotu, catrying a box through Sr. Paul's Church-yard, about seven o'clock in the evening, was robbed by two men, who drew a rope across his legs, which threw him down, and then got clear off. A Loy was robbed. some nights since in Coventry-street, by the same means.—This should be a caution to masters not to send their boys out after dark, as no attention can gu'ard against such depredators. A running match against time was yesterday per formed.on the Uxbridge road, by Mr. VAIibLIL. suet:, an Artist, in ohover-street, who under. took to go three miles in twelve minutes. It was supposed.that he would win the wager when he bad performed half the distance ; but he was , longer going the last mile than the first mite and a halt, and he lost the wager without going over all the ground. MAR 1;11-1/ r.trists rIITSENIIO, 'BY 111 S NI ) eVIY'S COMMAND, TO BiYili HOUSE 4 AGLIAMENT, FRO.§i ISOS. No. I,—Cory of i Dispatch from Lord It A W utiT to I. H. Fitsai; Esq. dated Downistg-street, t, 1802. Sir—The accustomed political relations between this Country and Spain being re-established, it is important that I should inform you of the line of conduCt which it will be proper for you to adopt, and of the language which you ought to hold in your communications with the Spanish Government, as His Mijesty'4.Ministenott. Madrid, You will omit no .opportunity of assuring the Ministers of His Catholic Majesty, conformably to your instruClions, Of the sincere and anxious desire of the King to cultivate a itiod - understanding be. tween the two Countries; and, in order to give a full effect to these sentiments, you will manifest, in all your proceedings, the most friendly and con ciliatory conduCt. There are three ohjetts, of difFerent value in them selves, which you should always bear in mind in your communications with the Spanish Government, and which you will bring forward as circumstances will permit. The first would be to establish an unreserved confidence, and a friendly connexion between our two Governments ; this, though highly desirable, may be attended with insurmountable difficulties, from the prevalence either of the French interest in the Spanish Councils, or from the dread of French power. The success of it will depend, in a great measure, upon the characters and disposi. tion of the Spantsh Ministers. The object is, however, so important, that no means, to which we can with prudence rescrt, ought to he negletted • for its accomplishment. The second °Weft would be, to secure the Neutrality of Spain in the event of :mother War between His Majesty and France. All the reasoning applied to the first ohjeft will be applicable, in a still greater degree, to the second : and there may be circumstances under which this objea may be attainable, when the first must be nee cessarily abandoned. The third object proceeds upon the ground of the two firmer being found Ito. practicable, and of the impossibility of dissolving the connexion which has subsisted between France and Spain. In that case our utmost endeavours should be used to render lipain, in the event ola War, an unwilling and tardy Ensoay. It is scarcely necessary for me to inform ..you, that much would be obtained even by success - in this particular ; fot if, in the event of a War, the Spanish Government could be induced so enter, even slowly, into the views of France, and to create as many delays. as possible, by Negotiation,', before they had recourse to hostilities, His Majesty would have.the advan. tage of being able to diked the whole of his force, in the first instance, against France, and would not he under the necessity, at the commencement . of a \Var, when the disposable Naval Force 'of this Country is necessarily leSs considerable than it is at succeeding periods, of diverting . this force to too many quarters as . the time wit he is least pre. pared. _These different objetts are to be preferred in the' order they stand o - and His Majesty relies on your zeal to give efFea to the iostrodions he has given youlespetling then). I am, &c. (Signed) IIAW.KEADettr. F two, .Esq. : &c. No. ll.—Copy °fa Dispatch from Lord HAWKSSIURY to I. tt. F lexae , EN. dated Downing-street, Oct. 2.7, e 302. Sir---Since I wrote my last Diapatch, No.t e events have occurred which mayeposiohly lead to a rupture between His Majesty and the French Government, I think it important that you should he apprised of them ; and I therefore inclose you a Copy of the Note verbale which I presented to M. Otto, on the affairs of Switzerland, and of the instruCtions which have been given to Mr. Moore on the same subjen. You will consider these communications as made to you in the strictest confidence ; but if, as may be expeded, any conversation should arise between you and the. Spanish Government on the subjeo, you will not tail to represent the System of iucroachtuent and Aggrandizement which lias heen invariably manifested by the French Govern. mea t since the conclusion a the Defioitiv a Treaty in its proper colours, and how essential it is that every Independent State should unite in resisting the exorbitant pretensions of France. • You wilt conform yourself, in your communications on this subjes9, as much ay possible, to tie general inseruc• tions contained in my Dispatch, No. t, ; and you will above all, endeavour to impress upon the Spa. nisi Government His . Majesty's anxious desire that, in the event of, a War between him and France, the Court of Madrid may be induced at least to preserve a striCl Neutrality, and His Ma jesty's determinatioo, in that cave, to reset& that Neutrality by every means in his power. I am, Sec. (Signed) Itswicesnorty.' J. H. Frere, Esq. Sec. Sec.. (Translation of No. Il) 1. . . DilThrence between 'the- Family'. Compait of ts6t, and the Treaty of Alliance of 5796,. bet ween• Spain and France, tamity Compad. , .Tteaty of :796. According to the Family Aecor "c;;itg to - the Treaty of Corina, the two Powers 1790, if of the two Pow will consider as their Enemy era rind itself threatened or every Power who shall be. attacked, the other premises, come Enemy to one of the engages, and obliges itself to two Crowns. Art. r. be au big with its good of- The inviolable anti mutual tlee, aid to asst it when so guarantee shall - be suppoited required, etc - di - ding to the sti by all their Forces; and their pulation of the following Majesties, according to the Articles. Art a. principle which is the basis (Here follow the Articles of this Treaty, agree, that relative - to the succours ) - whoever attacks the one. . Crown e attacks •the other... 7 A tt 2.• {Here follow the Articles relative to the first suCcours.) . The that itteennts are to be - If the said succours are, or cansidered as' an obligation should become, insufficient, inseparable :from the ties of the two Powers shall put in r.datiooship and , intimate action the greatest Force in mutton ; and these succours • their poWer, as well by - sea as than be the least that the by land, against the Enemy_ 'owes required can' do : for of the P - ower attacked, which the Power who, may stand in Vower shall employ - the said teed et assistance: but as the Forces either conjointly or mention of the two Kings is, separately, according to a tot- a War - Once begun by or plan that shall be concerted :;stoat one of the two hetween - • trowns, shall become proper The succours stipulated by ' ss.t personal to .the other ;it the pre-Ceding Article Shall be agretni a dig its §QQA gs 1119 4 . titattlivti LUAU - Witt witiclk TP: z of war with the same li.t.einy have to carry on, eyen slioniit or Enemies, the obligation of the Perty required not he-di. the said Succours shallcease,.. - .re , ftt y interested therein. and and in lieu thereof the two Otool.i only act as Auxiliary. Crowns shalt be . bound to An. 12. . nuke War conjointly • playing therein the whole of their force. Art. 0. In case the tnotives . for ht stilittes shill be 11 prejudicial to bath. Parties at 10 incinct. diem to clare Warily comtnon consent against one or snore Powers, the limitations establish:4i to toe g, Articles shill cease to haie circa, and thr. two Conttaaing Powers shell bound to employ against the Common Enemy- the whole of tt•eie Forces by sea and land, and to 'concert plans to di red. such Forces,, either ccilletttivAy or scparatri), towards such points as may ..be deemed 'most advis. able.. They also ,hind themsermes,..in the casks pointed out in ithis Article, not to treat for; Peace but by,common consent, and in, such a manner as that each Party. may obtain that sartsfaaku which they are entitled, Art..l3. In case .one of the Powers ail only n 9 Auxili:oy, that Power which alone shall be attalt. ed may treatfoe Peace Separately, but so as to tre-. vent any prejudice resulting therefrom to the Awci. liary Power, and moreover so as it may tend' .a much as possible to itS diteet advantage;, for which , purpose notice shall be given to did Auxiliary Power of the mode and time agreed upon for the opening of the Negotiations. Art. 14.: RELIARKI. By simply comparing the most striklng.Articier of the two Treaties, it clearly appears that the i'sd. mily Compan was in reality a ,freaty of.Allianee, offensive and defensive—since it stipulated, y that ti Allied Power who was not at Vtrar should consider the Enemy of hii Ally as lii i own ; the 'Hake of 1736 is in itstlitnetely defensive - , inasmuch as it only exans certain succours frcln the Ailed Power who may be menaced or' attaCkcd,- and that the Alliance' does not becomeoffensi vo, unless the . motives for bein prejudici.il to l',!;t:t' Parties, they, should declare War by cotnrnan*, can. sent.' observation is so much the More tie. cessary, as the.first Article of the Treaty - of 1796' has this eXpreision—" There shall exit, a perpetual offensive and defensive, between 'the French Republic and His . Catholic' Majesty the' King of •Spain."—Those who . Siny not attentively peruse the Treaty, and those particularly who nay' not compare It with the Family Cornpan, 'might be: led, from this vsgue expression, to believe that au offensive and defensive Allittnec anuAlly exists at one and the some time ; that is to say, that. the Ally of the Power a ttacked must, ipso Ciao, consider the Enemy of that Power as 'his own, and believe himself in a state of . War with hitt), anti consequently as out of his power to continue neu_ tral towards him. , It is equally impotent to attend to the text of the tith Article ni the Treaty of 1'795, and parti. cularly 'to the. phrase, " shall put in aWon the great. est Fare: in their power," for this Force is, anti , can only be, an angineutation of the succours to he made to the stipulated succouri:; . but it is an aug. mentation which Can take place, first, only in the event of the succohrs furnished not being sufficient; and, secondly, only' according in the power and means which the Party revolted may have for-the making the augmentation. tine sees at once that it cannot be nthervvise: first, because if by the afore. said phrase it was meant that the Power regnirid should be considered at bound to put in action all his Forces, it would be absurd, since he could not do more even were he himself at war w i t h t h e enemy of his Ally : secondly, because the 'tjth Article of,ehe same 'Treaty cods the employment of the Whole of the Forces of the Power required, only in the cast: wherein the two Powers should d e . dale war by oistnnian consent againie other Powers. (Transl4tion of No. IV.) Spain, the Ally of France, and at ,the same time a f r i en d o f E n gi a nd o finds herself at this motnent called upon to fulfil towards each of them the respec. live duties of alliance and frietiLhip. The Treaty of Alliance concluded w i t h F r3nce in 1796, although termed an offen3ive and defensive alliance, being only, properly speaking, An alliance strictly defensive, according to the, tenor of 'all its articles, and the striking difference which .exists between its engagements and those contained in the F a mily Comp . :id of 1761, His Catholic Majesty trusts, hecan reconcile his Engagements to furnish to France the succours stipulated by' the Treaty of 1796 with his most ardent desire to maintain his friendly connexions with His Britannic Majesty. The perfeet harmony and good understanding which have subsisted between the two Monarchs since the reestablishment of the last Peace; the reCipro. cal proceedings and the principles of the law of nations to be puraued under circumstances similar to those in which Spain and Great Brir;tin ere ac. Nally placed,"are so many reasons, which prove the juitice and the necessity of the caudal which His Catholic Majesty proposes to pursue at the present moinent‘ France confining herself' to the requisitiun of the stipulated succours, and Spain to futoishitl them to her, but without allowing- herself to corpmit any ad of direct hostility against England ; His Catholic Majesty cannot for a annent doubt of His Britannic Majesty's disposition - EU observe a like conduit on his part. By such a condal His British Maj....sty would, in the first' instance, afford to Spain, sod to all. Europe, a' proof of his justice, of his wisdom, and of his impartiality. He would make' adist;.tttion between a friendly Power who did not furnish succours to his enemies through ambition,tetentinentony vicious vielks, or others inimical to him, but solely to general eventual Engagements previously contraded, and the Power who should form connexions cal to England with het enerny„ in the very moment of war, and with the some hostile spirit and views as its Ally. His Britannic Majesty would obtain for the people of the United kingdont of Great Bri• tain and Ireland the great advantage of the cond i , nuance of their commerce with' Spain, not only, during the present war, but also in all those in which neither Party having any subitli of complaint against the other,:England would 117111aill in friendship with Spain nottvithstanding her being at war with France. His Britannic Majesty whuid, - besides, .astaltish, from this tutmtra, the just idea Old,