The Sun. — London, England, 1812-11-19 00:00:00

SECOND EDITION. S - 0 IFlC.f_'7 THREE O'CLOCK. "Wc stop the Pi'ess to lay before our Readers the following OFFICIAL BULLETIN. A Dispatch has been received from tolid CAT 1:1 CART, dated , 'Petersiurgh, Ist November. Ue inclOses the Bulletin of the actions of the 18th October, iirhich aro under translation ; also re ports from General STEIN inf.'. and Count WiTT t ENSTEIN. The former, in his pursuit of the enemy, had taken 40 waggons, 22 standards of the Bavarian regiments, 800 ducats of the military chest, 7 of ficers, the Commissary General with all his em ploys, and made 100 prisoners, on the 25th oe4 tuber;, and, on the 26th, he took from the ene my 7 pieces of artillery, and made 7 officers and 150 prisoners,.--besides those taken in various Tencontres of the rear-guard, wherein the.enemy Lac' much suffered. Count WITTGENSTEIN reports, that by the ope ration of General STEINHILL, the Bavarian corps 'vas separated from that of ST. CYR. He himself the pursuit bad, taken 800 prisoners, and 'lO Imbrils ;' he found 300 horses killed on the road, dud some limbers ; the cannon belonging to which, he sUpposes, were buried in' the marshes,. The enemy had retired to Lepelle. He adds, that . St. CYR'S COITS is so weakened, thdt it is impossible for him to attack again till he is considerably reinforced. . General, STEINHILL dates from Koubliche, on 2tith October, and Count WITTGENSTEIN, on the same day, from Outchatehi. Lord CATHCART states, that nothing of mo /bent. had been reported from the Grand Army. , Tbe French .were in the utmost want of provi tions and forage, and the Russians were greatly Supenor in the Dumber and vigour of their tava . lry. The French left seveial thousands sick in Mos bale; in the most miserable state. THE (CIRa LAIL) Herse-G6rds, Nov. 12, 11e. SlR,—Certain inen of the militia, serving as substitutes, having been led erroneously to sup- Pose that they will be entitled to their discharge / at the expiration of ten years service, the Conk- Mander in Chief, desirous of affording every in formation that can tend to remove this error, has been pleased to signify his commands, that you immediately explain to the . regiment of that on reference to the 41st clause of the Militia Act of the 42d of George 111.-chap. 90, (which contains the terms of their enrolment), it AppearS, that the oath taken by every ballotted' luau is, to serve for five years, unless sooner dis charged ; and that the oath taken by every sub stitute is, to serve for five years, or for such far- MO- time (if the Militia shall be drawn out within, the five. years) as the militia shall remain embo died ; and the militia having been so drawn out and embodied, it follows, of course, that the men serving as substitutes have no claim as to their discharge. His Royal Highness entertains no doubt that 'the men, from this statement, will be aware of the nature of their engagements ; and I am to desire You will use your utrowit endeavours to afford them every satisfaction on :this head, and to ex- Plain to them, that the Act of Parliament now re ferred to is the only one which relates inimedi 4tely to their case. I bare the honour to be, Sir, Your most obedient humble servant, HARRY CALVERT, Atli. Gen . . ColonelTo the . - or Officer commanding Regiment of Militia. KING'S BENCH.—Jzidgwnt.—This day Sir WM. 13•ARRow made his first motion in the character of s c~licitor-fsener~ 1, and Mr.. Daniel Lovell was ° l'ought up for a libel in the statenuan on the oltnnisSioners of the Transport Board. Mr. RPUGHAM, his Counsel, was heard in mitiga s,'Qn; :when Sir SIMON LE BLANC pronounced the sentence of the Court,—which was, that the defendant should be imprisoned for eighteen I llonths, pay a fine of 5001. and find security 1 , QT - his good behaviour for three years, himself in 40 00/, and two others in 5001. each. Melancholy Occident.--A Most melancholy ac ident happened on the 2d instant, at the mill of I ) nnover, near Greyabby. A young Ma n w h o },anal to call at the mill, i ncau ti ous ly l a id hi s .4 4nd - upon a chain,; then in the act of taking up a k lek from the ground, and getting entangled, was )" danger of losing his life, When his brother (the • ) ''rson who worked the mill) i n st an tly fl ew t o hi s be lief, which, he , happily effected ; but; alas, by. -, l s gencrous,exertion, got. entangled hi ms e,lf, and °citing' to relate, was nearly torn to pieces left arm was taken off by the shoulder, and is whole body bruised and mangled in so shock ing a manner that no rational hopes can be enter altted of his recovery. What adds to the melan vb°lY catastrophe is, that the unfortunate young i tl au was m arr ied' on ly a few days before the me arcliol y accident happened. This should operate t 8 a varninE., , to all persons, to be p a rti cu ld r ly 2ntiots bow they meddle with any thing connect t'td with the machinery of On Wednesday ,`',C 11. th i ns t. th e unfortunate sufferer was still . , MR. FAWKES. We ilesire the 'public to comp'a're the following speech of this gentleman, which we have extract ed from The Leeds Intelligencer, with 'the latter which he recently addressed to Lord MILTON, and which has appeared in some of the opposition Journals. PEACE The follOiving speech Mr. Fawkes delivered at York; at the County Meeting, on the com mencement of 'the present war, in August 1803 : Mr. Fawkes said that this was one of the most awful and serious occasions th:'t ever engaged . the attention of an assembly of Englishinen.. Happily little difference of opinion . no.,v existed on the justice and necessity of the present .war, and he 'for one, believed that no moderation or forbear= ance, ,on our part, short of absolute submission, could have preserved us from it.—No man la mented more than himself the miseries attendant on war in general, but the vast objects of the present contest, must make every mind thrill with horror. Circumstances might hoWever arise \ to render war a. necessary evil ; .and he did, in his soul, believe, that those. cirdurnstances had now arisen in this country,. Malta, we had been told ; Was the occasion of the present war; but he be lieved, the war must have taken place, had the name of Malta never been mentioned in the Treaty.. The English Ministers, he believed, made peace in ~the spirit of peace ; while with the French Government all was hollowness and duplicity. Scarcely 'was the ink dry with which the treaty was signed,' before the French Government began a more determined warfare against our . commerce than they had ever exercised in the most rancorous period, of the' late struggle ; they would have no treaty of commerce, 'but we were to have their Commercial Agents or rather their political spies, it having been proved to demonstration, that the commission of one of these accredited agents of that treacherous Government, wa.F; to take sound ings of Dublin harbour. lATlrat could be the effect of this baseness and treat' ery, but to rouse the noble feelings' of Englishmen, and to teach theni that had we submitted, every thing would have been put in requisition, to gratify the exorbitant demands of these French cormorants.. And what were we to haVe in return ? Why, forsooth we were to have the Treaty of Amiens, the whole of the Treaty of Amiens, and. nothing but the Treaty opliniels. And with this Treaty, we were to be gagged and muffled, and shut ont not only of France, but to be prohibited . ali interference in continental affairs. Not content with this, Buonaparte bad the con fidence, so far to interfere with our own national affairs, as to attempt to shackle the liberty of the British Press—that. grand palladium o f British knowledge-Lot British enjoyment—and above all, of British liberty—lastly, if there ever could be an end to thistyrant's outrages—he had the audacity to charge that King wive) reigns, not more over the persons than in the hearts of his subjects, with erh.ouraging assassins . ; and then to degrade us, as he thinks, in the eyes of the rest of Europe, he has posted us as a nation of shopfieepers After these accumnlated wrongs and insults, we had no alternative but an appeal to arms, and said , ,. Mr. Fawkes, I vote for war because we cannot have peace, and he is a dastard who would not sa crifice a few, or even all his conveniences,' for so just a cause. This war is to determine, not whe ther you hold this Or that distant possession ; but, it• is to decide, whether you are to sit under your own vire, a;:d your own fig tree, or to rest under the pestilential and baneful influence of the tree of liberfv.—to decide, whether you are to enjoy that from whence you draw. all your. sublime peasures in life, and all your animating consolations in the hour of death : or to be satisfied with the, meagre hopes inspired by modern philosophy, and dictated to by a host of, blasphemous French men, thirsting for blood and gold, beaded by a renegado leader who has not blushed to declare himself a Christian one day, and a,Mahometan the next. The die is now cast, and these interesting goes tions are now to.be determined. I cannot let. this opportunity pass, without addressing a few , Words of advice to the lower orders who may suppose (if any such there be) that the arrival of -the French would put an end to all their taxes, to all their toils, and to all their miseries. Do not deceive yourselves, my countrymen; by any such idle hopes. Could I call to this bar the inhabitants of Italy,.Switzerland, and of Holland—Could I propose to them the question—" What taxes,: -What toils,or what miseries did French invaders deliver you from ?"—their answer would be— " From none ; they doubled and tripled all our misfortunes, and steeped us in.poverty and misery up to. the very lips." And would • you not, then suffer death rather than permit these plunderers, these violaters, and these murderers; to wrench from you every thing that is dear; every thing in which you live and move, r and have your being.— Prepare then to receive these invaders, apply yourselves to the use of arms, and consider no sa crifice too great in so great a cause; sink not into apathy from an opinion that the danger is distant, and mayneyer be realized ; the danger is at your very gates.—Reinember, and let the remembrance animate ye, the battle of Agincourt—the Fort of Acre—the Plains of Egypi—the Heights of Abra ham—and the Bay of Aboukir. I, have done,--ybu . feel, and•l feel theenthusiasm, which, like a shock of electricity, I trust will spread to every corner of the island. One word more, and I hare done. Let this day be harmony—let no party' recollec tions obtrude—let the present situation of our country, and the best means of our security, be our only object, and let us from this day sacrifice every party jealousy on the altar of British una nimity. Letters from Messina, of the 22. d of October, • state that the HEREDITARY PRINCE is so ill, his recovery is despaired of. His iodisposition is sus pected to have been caused by poison. During the night of Monday, a gentleman, of the name of Reeks, was upset in a single-borse chase, about two miles from Watford, by another chaise running against him, and was so much hurt, that he died yesterday front a contusion on the head. LAW REPORT. COURT OF CHANCERY; Nev. 19. HAYMAIiKET THEATRE MORRIS V. CODS N. This was the day -fixed for judginexit in this case, to decide. Whether. the Plaintiff had a right tb a Second vote; be having purchased Mr% T - . hOurdin's share Of the Theatre. The I.4O.RD , CHAN-- 'CELLOR did nOt deliver his iudguient, hut intimated an opinion that Mr:Coltrian had.giveh a conditional consent to the transfer Of Tahourdin's share to Morris; bUt.he apprehended that the effect of the transfer would be that Of neutralizing the votes of the proprietors,' and th'at- the law Nveuld he • obliged ultimately to exercise the -pwers nag - en - lent. lie, therefore, recOmmended the *- ties to WithdraW the matter froM the Conrt, as Otherwise his judgment, if he was compelled to give it, would be attended with consequebees, * which perhaps none of the 'parties at present foresaw. • Judgment postponed to Friday. • MORRIS V. CQLMAII.. Mfr. BELT, stated, that this ease had, been refer red to the Master,. to inquire whether - the Defen dant had parformed the duty of Manager to the Theatre ? and the Master, by his report, states, that he had performed, the duty of Manager to the Theatre since the year 1805 ; to which report the Plaintiff, excepted, that it was impossible the De fendant Could have performed the duty, as be bad been confined in the Rules of the King's Bench Prison near the whOle of the period.- Sir Sa-: - u at, RoMILLY stated,- that the repOrt rose out of a' motion, on behalf of the Plaintiff, to remove the defendant froui being Manager 'of the Theatre, when the other Proprietors agreed to the defendant's being the principal Manager ; they knew hirn.to be a person of great skill and know ledge as a Theatrical Manager, and that he had 15 years experience. It .was necessary for a person, to be able to fill the situation, to have great taste, and to watch; nightly and Weekly, the taste of the public, and to see whether theY appoved or dis approved ; it was impassible for the defendant to do this in St. George's-fields. It was also laic duty to see every performer come out, ;and to from the opinion Of the audience of his me rits For instance, Mr. Betty, who is now per forming at Covent-garden Theatre, when he first made his appearance, and was denominated the, Young Roscius, ,some critics Were of opinion that be was an excellent perfbrmer ; others, that he was so much the contrary, that they thought lie did not deserve criticism ; the defendant might be one of the latter. Thepublie, however, were of, a different opinion, and he'brought full houses and filled the treasury of the theatre was also the duty of the Manager to attend at the. first performance of every new play, and watch the opinion of the audience. For instance, Mr. She , ridan's celebrated play of The Rivals, was con demned on the" Srstniight of its representation, but by some judicious alterations it became a de served favourite with the public. Then, was it possible for the defendant to perform those duties, he being obliged to live in Surrey since the year 130 G, and not able to attend the Theatre, except by a day-rule, which was issued only in Term time, and obliged the prisoner to return before 464 nine 0' at night, which Would only allow 'him to see the first and second acts of the play ? the duty 'of the Manager to direct the decorations .necessary for every representa tion, and - perhaps more so at the present day than ,any - other period—show being the ' pre dominant taste. It was true, the dresses of the actresses might he carried in a hackney-coach to St. George's-fields' for the defendant's, inspection, but the scenery and other, decorations could not beicarried there, without great inconveniency.. The Plaintiff had been obliged to call before the naster, as witnesses, 'persons under the controul of the defendant ; for, from his situation, as Manager, • he was a theatrical monarch, and. had the engag ing of performers, prompter, scene-painters, inn , sicians, &ca They all say, the theatre has been very welt mriaged, and has gone on very well— that is, they have received their salaries. But one year the profits of the Theatre, were 4,4001 ; and on the following year the loss was 1,100/. Messrs. Kew Me, Wrong!) ton ; and Waldegrave, all of whom are well versed in theatrical management, have, given it as their opinion, before the Master, that it was physically iinpossible that a manager of a thea tre could perform the duties attached' to it, with out personal attendance. To counteract tills tes timony, Mr. ,Pritchard, the Under-Treasurer, says, he saw the defendant once in the fore part the day, and once in the evening at the Theatre, hut it, was three years ago. Mr. Meredith's (the Prompter)evidence went to the same e 4 7 fect; and Mr. liawlinscn, the carpenterahad some_ faint re collectiOn that the defendant did attend a re hearsal at -the Theatre. Was it possible to con ceive that this eastern monarch would not have made a greater impression on 'the mind of the carpenter., than to have only given him a faint re collection of whether he sa',v bin' Or nut ? The defendant, even by the depositions of those, might as well have managed it by post, or be the manager of the Dublin or Edinburgh Theatres, residing in Surrey. 1 fie LoRD CHANCELLOR—" We must stop here to-day ; I will hear .you again on this day week. Sir Samuel Romiily, hand me up the affi davits." COURT OF EXCHEQUER, Nov. 18. MURRAY 2►. HARDMAN AND OTHERS. This was a case in which the defendants appear ed as trustees of the estate of Mr. Robinson, mer chant, some time deceased, .and the 'plaintiff was a person with whoM Mr. Robinson, during his lifetime, - , had dealings to a considerable extent... In the present situation of the case; a plea.of excep tion was put in against an answer returned to a a bill of interrogatories by the defendants, be cause it was not according to the usage of the Court. The mode of answer required by the Court w's, that the deposing, party should set forth, according to the best of his '' knowledge, information, or belief," all the intelligence he could give an the' subject of inquiry ; but in the present instance, the deposing party had only set forth so. far as he was "able," an expression that dropped infinitely short of the ample mode requir ed by the Court. The LORD CH IEF JUSTICE asked—" Did h e expect a man.to.set. forth beyond the limits Of his ability.?" The Learned Counsel replied, that the expres sion made use of 'by the party deposing, not only fell short of the strict' custornary language listed upon by the Court, but ,the ordinary and common language anpea - ced studiously nvodr.:3, so that the. reply, to the best o f his `ocher, might be avoided. The LORD ClrrEF ;USTICE dt" . ..H . (1 the oppcsit Counsel, who insisted tipOn the prop - ::ety s!f . the expressions employo?, to get the interrogatories answered a.Ocordhig to uSizal triode ; ;or id though no eva.io!). of the Jaw might be intent ed -by the party, it it;W necessary taahide by the cus tomary and ElTict ! - erm of expres-.:ion. - The Court rwie at one o'clock, after haviv: posed of, some. uninteresting cases of bail. COURT OF EillNG'z; BENCH, Icer. BUILDING ACT._ Mr. jEKYLL nibved for a Mandanzits, dir;: - 2t - cd to the Justicis ofr'' th . e Peace for the county of ;Middlesex, enioining theta to hear / and determine . a question under the Act of the 14th of the King, chap. 78, commonly called the Building Act, in which there is a right of app ea l f rom t h e judg inent•of the Mayor, cr two justices, to the .6f.neli of. Justices, at the Quarter Sessions. The object of this Act was not only to protect the lives property Of the inhabitants of this great metropo lis against the rava4es of lire, but also to preserve some degree of uniformity in the' buildings to be c - rccted, particubirly in the great public streets and squares. it provided " that uo bow window or other building should be erected in a house c: the first class, so as to project bevond the general line of the fronts of the louses.'' Mr. Kinnaird, the person in wose behalf the present motion was made, was Surveyor of the District within %winch a projection of this kind had been erected ; turd, as such Surveyor, it became his duty to .apply by information, under this Act, to two Magistrates, and if they were satisfied . that the projection in question was a violation of the law, then to hare the nuisance abated. ,Mr. Kinnard w as , by th e nature of his office,sworn not to neglect his duty; and if he did neglect it, he was to be dismissed front his oifice. From the sentence of the two Ma gistrates there was a right of appeal granted, by the 96th . section of, the Act, to the Justices at tbte Quartet. Sessions. Mr. Justice BAILEY asked what were the words of the•clause allowing the appeal ? Mr. JEKYLt answered they were " from any conviction, cominitment; distress, order, or.judg .ment of the said Mayor or Justices." Mr. Kin nard had obserVed on the North side of Lincoln's Inn-fields, being within the district over which he was Surveyor, anew erection which projected 3 feet beyond the generAl line of the fronts of the houses, there being theresmall courts before each house, mid a wall in front. It being his bounden duty, as Surveyor of the District, to see that . the. Act was not infringed on, he accordingly applied .by information, complaining of the projection in question, and the information came to be heard before Mr. Read and Mr. Noires, two of the Ma= gistrates. Lord ELLENBMOUGH asked, what was the na ture of the projection Was•it a bow window ? Mr. JEKYLL said no. It was what was called 'a viranda—a vhanda of stone. Lord ELLENT3O.IIOUGH asked, what .were the words of the Act ? Beyond the line of the street . Mr. jEKYLL answ erect no. " Beyond the ge neral line of fronts of the houses." Those were . the words-of the Act. A great deal passed on the trial of the information by way of admission. Mr. Soane, the Gentleman complained of, admitted that the projection in question had been Made by him in front' of his house, and that it extended three and a half feet beyond the general fonts of the houses. Hi's main defence, however, rested on this fact, that the place where the erection wasniade was his own freehold. And so he (Mr., Jekyll) admittedsit was to the very front wall.— But was he, on this account, to be entitled to pro ject any building he chose, to the whole of that 'extent, " beyond the general line of the fronts of the houses," in the very face of the Act of Par liament? The Magistrates, however, on this de fence being made, came to an 'adjudication, by which they declared that it appearing to them that the said projection was not ..vithjn the mean ing of the Act, nor prohibited by it, thefdid therefore adjudge it not to be within the meaning, nor protected by the Said Act. r. Kinnard was dissatisfied with this judgment, as he reasonably might, ,no defence having been set up except one, which was perfectly irreievant, and had nothing , to do \vith the question. There might be fifty dif ferent sorts of projections, many cf them most dis agreeable in their nature, it the unrtrained right and privilege of building could be asserted and maintained, wherever one bad a freellold.--• Here the Act was perfectly explicit,, and declar e d . that no prejcctions s ho u ld h e suffered " beyond the general line of the fronts of the houses."--. Mr. Kinnard was so dissatisfied and aggrieved bp'_ this erroneous judgment, that he resolved to ap peal, as the Act authorized him. Mr. Justice BAILEY again wished the words of the cause allowing an appeal to be read, which being done, Mt". jEKYLL said the words Conviction, Com mittal, Distress, and even Order, might aptly only to the ueteadant, and to give a, right of ap peal to him only. But, he. submitted, the coma plainant too had this right, under the word " Judgment,." Lord ELLE NBOROUGH Sa;(1 " the party aggriev ed" might appeal, Mr. Kinnard's grief could only be for the public. Whi;t grievance had he to complain of more than any other subject had from the, violation of the law, supposing this to be a violation of it 3. The appeal must he _taken to apply to cases where the information was sue- eessiiil; and the party complained tit might con ceive himself aggrieved, not to cases where the information was dismissed.. If Mr. Kinnard thought the opinion of these two Magistrates was wrong, he might apply to other two, Who might probably be of a different. opinion 4; tq 'viranclas.