The Sun. — London, England, 1803-01-28 00:00:00

:iti. Ness I of r the position in which he kept them before the late battle. The latter occupy, at present, al most the whole of Lower Egypt ; they have at a ' short distance from Alexandria a Camp of 3500 men, consisting of Arabs and Mamelukes. The neighbourhood of these persons' has obliged the Anglo-Turkish Garrison of that City to double their posts, in order to secure themselves from a noup-de- main. RATISBON, JAN. 2.--. The Austrian Envoy to the Diet, .and the Direetorial Minister, M. FANNIN , star, have transmitted to the Diet an important pro_ position relative to the future composition of the Col - lege of Princes. In order to re-establish in that As , sembly the equality of Religion, of which the prin. cipk would no longer exist, if the dispositions of the Plan of Indemnities were striElly conformed to, it demands that the suffrages to be given in the College of Princes should be divided, so as that there should be seventy Catholic Votes, and sixty eight Protestant Votes. It is foreseen that this proposal will experience touch opposition on the Pare of the Court of Berlin, end of all those States which form the party - known by the denomination of the Prussian Party, because it *ill tend 'to augment the influence of Austria, atid to diminish that of Prussia. This busines s cannot fail to giite'rise to an important discussion. JAN.' LAcuee, Secretary to the tench Legation; passed lately through this City, bnlils way to Vienna, with, the Ratification of the litA Consul to the Convention concluded at Paris *Veiling the Indemnities of the GRAND Dula of trecANY. . 11 2EttieijAN. 17.--The Letters from Paris, which announted to us the principal dispositions of our Tl eW,Cpnititutions, contain the following details of tiltlabours of which they are the result. The pre. Pantion of them was divided between the Senators Dttusurttsits and RCIDERER. The first was Charged with the Democratic Cantons, and the' second with those which were once Aristocratics. Since the toth of becember the two Commissioners have he. quently convoked the different Cantonal Deputations, in order todiscuss with them the principles of their Constitutiorts.• The Senator DESMELTNIERS, took the -result of these disctissions for the basis of his labour. He adopted almost without modification, the ProjeCti of the Deputies of Leman and Argovia. It is- hought that the Popular Assernbliel (Landsge. mein) of the Democratic Cantons will only be charg ed with certain Eleflions, and in fart no Deputy of these Cantons will demand the absolute re.establish tmentofthe ancient authority of these Establishments. The' same letters inforth us, that two Reports bate been communicated to the Helvetic Can- Vat, had been, it is said, presented to the' First. Consul, respening the organization of the seven ci.drvant Aristocratic Cantons of Zurich, Soledie, Fr;lourg, Bath, Lucerne, and 804,Anurrn. We find in it . the following pas tag4 • • • • . „ The Patrician Fatnilies. who have loot their Privileges • by the Revolhtion, constantly hate Fiance t if they say they love France, they speak of its ancient rei;me, of 'which they wish the re. establishment, 'TheCotintry People and the Saamer of Stoitterta nd, are more attached to the principles of the RevointiOn thin . to the slate of France, as it hill - tee 'the iBth of Brumaire. The Government existing in Helvetia' since the RevOlution, have. imitated all tile follies of the French Revolution : ley have histerled to destroy the system of Citi. that institution is, however, the true and chief base'ot that love of their Country, and of all thnseviitues by which the Swiss are distinguished." " The First Consul, in . order to complete his mediation, must c h ar g e hi mself w i th the f i rst nom i . n ations to the Authorities of, the Cantons. This is the desire 'of a great number of Deptitio!) who arc persuaded that the Mediator of Helvetia, must •necessarily be the Legislator and Eleftor the Cou ntr i ; ;) shusitus appears - that 'it . is not f .'"Y in the 'envi rons of B russels that there is to be tl ' ln ed a Ca m p of, r 2,000 men ; the write' from rb z e tank s o f the Rhine, that an equal number of L r ° o o will assemble 'on that 'part of the Frontiers. i l leGe neral commanding the' z6th Military Division lasr eivd - positiv e o r d ers upon t hi s su bj e a. A cc o r d.. Ing to the same advice : , t h e Prefab; of the four new t V tlt tments Of th e . L e f t B an k are to assem bl e i n a few r , dais at C o bl et i tz , i n order to confer with the ouneillor°. of 'State Diiyony, the objeets wh ich coneern their administration. . General 4eL. l "kb set out on the 13th inst. fur Paris, with the 'eatist .precipitation : he ieturned the day before l'este rditY to Brussels,- where he did not stop a mo. Trot, but proceeded immediately to Ghent, where t fOund the Counsellor of State, Paw . (de la 4411 e )• We do 'not know what was the reason of so Peeeipitate a journey and return. * t"'"3 lAm• 18.-;--The news which the Execu. t eotittil has received. froin the Commissary. General of Goirernment, who was sent iato the Canton of • ringlet-wad to re-establish haYmony amongst the different parties who desolite that Canton, and to settle the Compensations claim ed by • a number of Citizens, who during the Insurredion were obliged to expatriate them selves in order to save their lives, is not very satisfactory. Citizen MAT R, President of the ministrative Chamber of Lucerne, who has filled -that important fundion, reports, that in spite of all his efforts, he has not been able to indtke the Re. publican Emigrants, and the Members of the Ancient Council-General to conclude an arrangement. It is the latter who, according to alt the rules of justice, are bound to provide this Indemnity, since they ordered the persecutions of which the Emigrants have been the vidims, and who caused their habitations to be• pillaged. The Members of- the Council-Gene ral have agreed to the justice of their adversaries' pretensions, but they demand that they shall be indemnified for the expences of the whole Canton; to which the Communes who have not partici pated in the Insurredion will not consent. This affair has caused a great sensation in Switzer/and. We arc assured that the French Government will be entreated to decide upon it as a Mediator. THE MARCHIONESS OF RBERCORN's THEATRICALS. THE second representation of The Wedding Day, and the popular fame of Who's the Dupe ? were in. tended to be performed at the Priory on Wednesday evening; but owing to the sudden indisposition of Mr. LAWRENCE, who performed the part of Mr. that charader in the Drama could not be filled up. An express was sent to Town to request the aid of Mr. WILLIAM SPENCER ; but that Gen tleman being out on a shooting party, his assistance could not be procured. In consequence of -these disappointments, the performances are delayed till next week, much to the mortification of the dis tinguished guests assembled at the Marquis's. To console the company, they were entertained in the evening with a Concert of vocal and instrumental music, in which the lovely daughters of the Mar quis shone to much advantage, and the evening concluded with a sumptuous supper prepared fur the occasion. Among ,the visitors were Lord GRANVILLE LEVISON GOWER, Lord Ossut.- rroxe, Lord and Lady MILEOURNI, the two Mr. LAMERS, Mr. SOTHEBY, Lady ASCILL, Dr. BAINS, Mr. and Mrs. SHERIDAN, Mrs. KEMEL E, Mr. W. MADnueres, &c. Several parties went down on Tuesday. Had the Play proceeded, the Marquis intended to have invited abou t f orty of t he Harrow Boys. Boys. Yesterday produced a singular sight to the visi. tors at the Priory : it was no less than a party of about a dozen Ladies skaiting on the canal in the Marquis's Park. Ladies C. and M. HAMILTON, MISS BUTLER, &C. likalltti feel+ and country. dances in floe stile, and cut the outside edge with singular elegance and dexterity. THE THEATRE. —The Comedy of; The . But/ Body was repeated at Drury-lane Theatre last night. Mrs. JORDAN was very animated in Mi. randa, and BANNISTER very entertaining in Marp/or. Russtu.t. took the pert of Sir George Air), on account of BAitkVmott a's illness. RUSSELL was much too stifrand.afrefted for so airy a char,taer. Miss MELLON was very spirited in Patcb, which she performed instead of Miss POPE, who remains on the sick list. The House was as well attended as could be exvtaecl in this severe weathet. STORAGE was able.to resume her part in Family Quarrels Jast night at Covenr.garden Theatre.— Mrs. ST. LEGER is the substitute for MissCßiP. MAN, and BLANCHARD continues to Ad in this Piece vice FAw c Err. The translated Drama forth.comilig from the pen of Mrs. INCHnALD, is to be entitled The Mysterious Child. She has made so free a version of the Piece, that though the subject has been forestalled, it will, in a greattlegree have the charm of Novelty. Pr. Busa r, who furnished thc music to. The Tale of 'Mystery, is setting an Opera written by Mrs. PLOW DEN. WC 'hope it will have better success than that Lady's unfortunate Virginia. • Mr. COLMAN read his rev Comedy to the Per. formers concerned in it on Wednesday lair, at Co. vent.garden Theatre. It is to be brought forward speedily, and by all accounts, is a very excellent Piece. The chief character was written for Cooxx, and is exadly fitted for his powers. JOHNSTONE is provided with an Irish character, and his merit 'in such charaders is well known to the Public. BARTOLOZZI was to have given some finishing touches toea Print of Mrs, BILLINGTON, from the admirable whole.letigth by Sir JOSHUA REYNOLDS. The ingenious Engraver, however, has nor left thatiproof of his skill behind him, and a Mezzo. thee* has been brought forward from the same pic. ture, which was one of the most elegant and inter. eating Works that ever came frOm the hand of Sir JOSHUA. - The new' Manager of the Opera House is already about to set off tor the Continent, in order to engage Performers for next season. He may be expected to secure the best that ,can be found, for who will refuse Gold ! Mr. SLDD6N6 gave a grand Dinner a few slays ago at his _house in , MArlborough.rttreet.; ttr'a merous party of friends. On which occasim anew room, lately ereaed at the bottom of the,garden, was thrown °pen t and appropriated to the enterwin tuent. It is fitttd up as d greenhouse, with all kinds of exotics. The effort is wonderfully aurae. tire, the walls being composed wholly of looking. glasses. • The whole of the Serpelitlne River in Hyde :Park, was. yesterday frozen over, and a part of ii on the North side was capable of bearing Skaiters, Of whom there were about twenty. LAW REPURT. COURT OF KING's BENCH, lAN. x7i TH P. whole of this day was taken up with mo tions for new trial:, the particulars of some of which will come with more propriety when causes are shew.n against the rules which were obtained; we shall, however, shortly notice a few. GLASSINGTON eV. RAWLINS AND ANOTHER. This was an aflion at the suit of Thomas P. Glassington, against Messrs. Rawlins and Cox, the late Sheriffs of the County of Middlesex, for tres pass and unjUstly,taking what were alledged to be the goods of .the Plaintiff, in an execution issued against the goods of a person of the name of Dickie, who carried on the business of a ,Stationer near Exeter 'Change, in the Strand ; Glassington alledging that the goods belonged to him as Assig_ nee 01 the estate and effeds of Dickie. The cause wa's tried before Mr. Justice LAWRENCE, at the Sittings after the last Term in Westminster.hall, when the Plaintiff was nonsuited, because it ap. peared, in the apprehension of the Learned Judge, that the. ad of bankruptcy of Dickie was not proved: The ad of bankruptcy relied on was that of Dickie having remained in Newgate two months fir debt: He now moved this upon a point which ought to have struck him and his Learned Friends who ive.ie with him at the trial, namely, that Dickie aaually had lain two months •in prison for debt before the commission was issued, and that therefore the as cf bankruptcy was made out in that respell. The ha, he said, was, that • Dickie was arrested on the r+th of °dotter, 1801, and the commission did ,not issue until the grh of De. cember following, which was 57 days, the one in. elusive, and the other exclusive, and this was suffi cient, for months in law are always lunar months, unless in cases stated to the contrary by statute, and two lunar months were only . 5 6 days, so that Upon this point the nonsuit was wrong, Mr. Justice LAWRENCE said,. that although the Nonsuit proceeded on the evidence not having made out that the Party had lain in prison two months at the time of suing out the Commission,. the Case presented other difficulties to the Plaintiff ; one of them was, that there was not sufficient proof of the amountoll.the Petitioning Creditor's debt, and that would , have been another reason • for a Nonsuit. However, if this point had been mistaken, the better course would be to grant a Rule to skew Cause. Mr. GARROW said, that many things would ap_ pear upon the report of the Learned Judge, before whom this Cause came on, to which he should here after call the attention of the Court, particularly a little blue book exhibited to endeavour to make out the Plaintiff's Case—not that he was very anxious against a new trial being had in tltis Cause :--he had obtained two Nonsuits in it already ; and such was the nature of this Case, that he was confident, he should go on nonsuiting the Plaintiff to the end of the chapter.-:-Rule to chew Cause granted. Mr. PARK moved for a Mandamus calling on the Archbishop of York . to swear in Thomas Cl ar k, of the Parish of Desby, in the County and Province of York, to the office of Parish Clerk, to which he had been appointed by the Vicar. Th e P ar i s h h a d contested the nomination with the Vicar, and had entered a Caveat against this person being sworn in, an d t h a t was the reason why the Officer of the Archbishop had declined to swear him i. i ; whereas, he now maintained, on behait of the Vicar, that it appeared by the current praftice for a century, that the right of notnination.was not in the Parish, but in the Vicar. Probably the Parties might take Issue upon the custom, and ultimately go before a Jury ; id the mean time he hoped the Court would grant the Mandamus, as he had stated the custom from an Affidavit, &c.—Granted; LYONS W. WARE. Mr. ERSKINE moved for a Rule to JIM Cause why the Nunsuit in this Case should not be set Asidq, a nd a new Trial had. The question, he ad mitted, had a difficulty in it on his part. It was a question, whether one Partner can execute a deed lor the other three, without the presence and assent of them all which, it was maintained, he could not, unless there was a Power of Attorney given by the other to that one Partner for that purpose. Now theft was nothing of that kind of Power in this Case. Lord ELIANHORoUGH said, that this question was set entirely at rest in the Case of Harrison and Rushiwarth,in the Seventh Term Reports. Mr. F.ISICINE said, he not dispute the Rule of Law, that one man cannot bind another by obli_ gation under seal, without a Power of Attorney for that purpose, executed likewise under seal, .nor was he prepared to say, that one Partner could bind another without his leave, in any thing that .svaa not within the fair scope of the Partnership.-;—bnt that he could, as had been held in many instances, so that the aft done was within the fair .scope of. Commerce. It would be extremely difficult, and in some cases perhaps impossible, to carry on business . in the commercial world, - particularly in its present state, if this were not so.. There was no doubt upon earth that one Partner might hire a ship on his own account, and jointly with his Partners; and if he did not put his seal to the Charter-party, no doubt hii agreement to hire the ship would be as binding on the other Paltners, as on the individual. who entered into it. Now, the present Case was this: One of the Defendants was resident in 'ttigland, and had executed a Charter party of alfreightment of a ship for himself anti the rest , of the Firth of the House, the other Partners being abroad.—On which the Plaintiff watt nonsuited, because hiS Lordship held, that the Charter-party was not binding ; for being a deed under seal, one of the Partners could not execute it for the rest, unless he had a Power of Attorney frOm the rest. The only question was, if it'was a question, how far a Charter,party of Affreightment, as an instrument of mere commer cial purposes, could be considered as an exception to site general Rule of Law, which says, that one Partner cannot by deed under seal 'bind another Partner, unless expressly empowered so to do by . Deed also under seal ? Lad ELLSLISOKOVGH said, be 4110414 be tery . - glad in this ease to make it an exception to t!,4 , .. general rule, b(.::atise that would he very convenient ‘0 commerce ; but after the decision of the Lae et - Harrion and Rushworth, there could be no doul upon it, for there was no distiOtion made on .o t y account ; no mart could bind another by deed under seal, for any purpose, without especial specific po,vei. under seal for that purpose from such rron, ex cept in the case of a Corporation,. in 'which t,lie common seal was binding on the body corporate . . He was bound to say this, because in the case 11..1 had just quoted, Lord KENYON, in giving judg menr, had said, that there was no doubt upon the mat ter, that the point was reserved more from the anxietl , of the parties than from any difficulty in the question itself. There was no distinction in the pre ie';',t case from that which had been determined, cxecto: that the Defendant here, who executed the party, had made an admission of the prOpritty of the deed, and said no advantage should be taken by their house ; but that could ton vary the :oat : : of the Lin, nor give him legal power where he had it not befure:—Motion refused. CORN E.VCII,INGE, JAN. 28. WE still continue without fteih supplies ofall sort! of Grain ; Wheat, with Barley and Malt, are bought only by those in immediate want, and at „a trifle higher ; in Pease and. Beans little variation we have several : sampks of Oats, and they kee l ) their prices ; no alteration in Flour. • Wheat 47$ a 54 , 1 a 6os od Fine ditto 6zs a 63s od Barley - 24$ a zbs 6d Malt - Ors a 4iis 6st Rye . 35s a 38s od hite Pease 34S a 38s od Beans - 34$ a 37$ od Tick Beans - aSs a .3ti act Oats -18 S a 2os 23s Poland ditto 24S a 25s bi Rape Seed -311 a 341 eine -45 s a sos Secomido.. - 40$ a 4.0 A private Letter from Paris says--U In the abuse of England, the parts ate cast as folloWs 1-lAu'l'aa iv E is entrusted with the diplomatie and he finds it much easier to prevent the citcu_ lotion of Mr.. book than to answer i:. FIEVRE attacks us as a Royalist ; and the Jacobin de_ partment is cortimitted to BARR rit E and his vorthy Protegi., Mr. Lewis Go L 112,:ft A report •bas been very .prevalent for some days, that TALLT fi and LAMA RQUE bad so far prevailed over the cowar dice of BARREk.E, as to engage him in a jaCobiniet'il .conspiracy for the revival of the good Id' system of 1794. The extraordinary boldness of Tivr.t.tt:"l conversation, and the grossness and fierceness of his invetaives against the F I RST CO NSU L, lead one to imagine, either that a plot is on the eve of breaking out, or that he is performing a principal part in the revived tragi-come.ly of the Jacobin, by command of a person of distindion." An affair of considerable importance occupies the attention, and causes much consternation and anxiety among the ci.devaitt Nobleise of France who are returned to that country ; as the event alluded to plainly proves to them that their residence in Part is of a very uncertain tenure, unless they condurt themselves strkily conformable to the wishe's of the First Consul, who has banidled the old Duke . de CHOISEUL from' Paris, for appearing to appl au d a passage in a Play relative to R ,- )yalty, when the fOr:. mer was present. The Duke is not to residoWithin 30 leagues of the capital. The Duke de LAY ALhas also experienced the same fate, it having come to the ears of 13otsTiAttTe that the Duke uttered some expressions unfavourable to the . Republican Government, while in England, at the table of an Illustrious Personage. The Dukes residence will, in future, be at Baurdeaux, where he has some little property. This is twice the distance! from the capital that he is ordered to retire. In the course of last year entered the. po r t o f Greenock 1,4.05 ships , o f 103,333 tons . burthen, and navigated by 7,770 men ; sailed froth that port, 1,559 ships, of 102,008 tons burlier), and navigated oy 7,785 men. During the same period, entered the adjacent hat hour of Port Glasgow, 29+ ships, of 27,959 tons, and 1,788 men.; sailed from it, 369 vessels, of 36,34.6 tons, and 2,399 ann. On TUesday evening the Lady of the sight Hon.' Lord Hefty EY was safely delivered of a Son: • On Monday last died at his haute, the Grove, Yothrd, in the 7 9t h y ear o f , his age, EL DAvY, Esq. one of the Ming IVlagistrates of that County. He had devoted a considerable pant of his life to the service of hi s C ountr y, an d his' 103 Will be severely felt by his friends, and by the poor of his neighbourhood, and the public at large. On the evening of Sunday_last a riotous attack was made an the Seat of Science in 61asgow, ai . l4 many windowi of t he C o ll ege buildings were broken The Innkeeper who was lately taken into CAISIOdY at Deal, on suspicion of having committed a utur, der in Lincolnshire, about twelve years ago, has been liberated. Three persons fiflrn the ploce where th e murOer was committed have been at Deal, ;Ira affirm 'that be is not the . man who absconded about that period.. Su lc ot.'--Wednesday evening a Gentleman of the name of Comoux put an end to his existence in a Tavern in the neighbourhood of Portmun.square, by cutting his throat almost ftom ear to ear, and shockingly wounding himself in the belly and both hide arms. He was tn a room by himself, and the horrid spei.c.tacle was,first discovered by the waiter. The Dublin Mail of yesterday noticrs . another robbery of one of the mail coaches. On Saturday morning, the sgth inst.' between the hours of four and five o'clock, the mail.coaoh from 'Dublin to ,Belfast was stopped at Blackbush.lane, about halt a mile from Drogheda, by nine men armed, with gnns and blunderbusses, who fired at the coachtnanv and wounded him severely in both a enis. The guards fired on the robberb but without effed ; they in, stantly surrounded the coach, tookliut part of the mail, and plutOered the passengers of every article Pf value in their possession; the robbers then ( - in' the harness t ot* the carriage, and got clear off with their booty. Wednesday morning, about ten o'clock, a man with ,a blue coat and red collar, went to a G ent l e . man's Houle "on the Terrace, in the Adelphi, with a jug in his hand, on pretence of wanting watt r. While the servant went to his master to -cummuni cite the request, the other made off with all the grcat-coats and hats that were it; the hall. Ci. Ur 11..