The Sun. — London, England, 1803-01-26 00:00:00

e in bz IRELAND. T ~F, I t Dustin, * JAN. Zl. nurClonmel news it will be seen that another Mail - Coach robbery has been eft - died : this h, we believe, the sixteenth which has occurred in Ireland within the last four months ! An attempt was made on Thursday night to rob the Northern Coach near Drogheda but the Guard Flatting a spiri t ed res i stance* the Mail was carried forward in safety. • The Public, particularly the trading interest, are tatstiOned to be on their guard against forged Bank egrelandNotes,. a num b er o f w hi c h are now in tireulation, of so superior a stile Of execution, as to deceive the most critical judges. Nothing but the tittedion of copper-plate signatures can lead to a discovery, which in the hurry of business is almost r. Impossible. cLonist., inN. 19. !I, ti 'th e r• •on - convictis at the Special Commission, we are sorry to announce, have nut deterred the atro. cious banditties which infest this part of the County from the perpetration of another. murder, and :too. then robbery. Yesterday evening two men charged with the . Murder of one - Fitzgerald, the preceding night at Ardmore, were committed to our county jail by the. Right Hon. Earl of DoNoirommat. i i" And , hit night, the. Mail-Coach emits • from 4 43141 was stopped and robbed two miles and an half from this town, by six or seven armed men. The robbers lay in wait on both sides of the road, arid as the coach advanced they comManded the driver to stop : this command not being observed, two of them, one from each side, instantly fired,, mai shot the two leading horses dead ; the Guard alto fired and wounded one of the robbers, but by a *Mind discharge froth them, a ball penetrated 'through his right arm into his body; they then tithed from their a m b us c a d e r.....thiee of them tor e tht',Guard, the Driver, and a young Gentleman (a • Passenger going to Cork), from their seats, and rtp:lled them t o k nee l w i t h t h e i r f acts from the with fire-arms to their beads, while their as. ,secures were rifling the Mail. ggvery bag which it Contained, saving that of Cork, they carried clear eff, with the two surviving horses. , The passenger and poit.boy escaped without any material injury ; and the ball was extra fed from the body or.their less fortunate companion, by Sur geon Minc.hin, in a short time after the arrival of the three in Town. This outrage has deprived us of the Papers which should have arrived last night, bur that must be the most trivial of its consequences. We are.happy at being authorized to state, that the Nobility and Gentry resident in this County, feeling a just ,abhorre n ce of the disturba n c es w hi c h `have lately prevailed, and of the atrocious crimes which have always been the certain consequences of such disorders, are determined to assemble at . Tipperary on Wednesday the 26th instant, to ac. .company from thence the High Sheriff to the Glen of Agherlow, in order to manifest to the deluded timbers who stand in need of such admonition, that they have unanimously and decidedly resolved to «t their facts asainst v i o l ators of the P u bli c Coate,• • Iturktcx, JAN. 19. Saturday General I'6m! arrived in this town, And took on himself the command of this Garrison. On Monday last the Right Hon. WM, WICK. accompani4ql by Mr. FLINT, his private Se. ferstary, and the Hon. the SoLIctrort.GENERAL, itrtited here, to obtain the most satisladory infor. respedling the origin, nature and tendency 0 the disturbances in this County, anti to apply to them the mostimmediate and effettual remedy. ,We cannot be too grateful to the Government, for tilts instance of ita paternal attention ; and we stave no doubt but those deluded wretches, Who, ! I rged by a spirit of rapine and pl un d er , h ave so Trequently disgraced this Country by their out. 14 8eis writ soon be taught by the certain operation of the L aw , h ow impossible ti is to elude a det er . atti ne4 Magistracy and a vigilant Government. TRALEI, JAN. 7. We are sorry to have been inrormed, that some ri s i ngs h ave taken place within these iew u 4 Ys, in the Barony of Ivraha, in this County, wZ,long the l ower c l asses, under the denomination of w hite Boys, f or t h e avowed purpose of resisting the hallutting for militia -men. . . The f o ll ow i ng is a translation of the First Con. deals Letter to Madame lacLattC, on the occasion, of her husband's death: " When I confided to Gem Lac Lts c tiothe Expedi. nto S t. •Domili gii , I forewarned him a the dangeruldettacc om Poied it, a n d the glory tle might acquire by it. Your husband has l'eft behin memory ; d him a glorious You have partaken hi a s n p d e r t i l iT i t j ustifie i Illy cho ice. You have attended him in his last ,14 aftunents ; you have fulfilled the duties which unit. You to hi s destiny ; and I am c ons oled by th e s e cQn siderations f or the loss we have suitained• I 3111 tlPBfied With yourconduel ; I am even proud of it,, , wp owe our Country many sacrifices. In charging alMyself with its Government, I have engaged, when l to sacrifice fot it my own life, and that of 411 who belong to me. Voirr husband has fulfilled part '3 k i thil eli g 3 geMent ; his name shall be inscribed - thong those of brave men ; and your own name will e nnoble t h e li st of those Wittowi whom the Great r.lation has promised to proteCt. That Nation has t " ' ° adapted your child ; /ember that this Is a el'nns,ibl rot the care . member which y ou w ill one 4 7 bc re. e to it. • 1 , ‘ , 4t the .North. Ridi ng of York Session 9, held at 1 441100 oli Friday se'nnigia, a precept was read, 0 431 / I Z a ninglkisirt l'Aw crrT, Esq. in open . : court: 'y E ri); ale Rev. GEORGE MARICIIAM (now Dean o fi fo:tr,4). Seven thousand pounds, the Verdict awarded , ii ' m. Con. with Mrs. M. psevious to bit being At • 14 Wed On not doing so. it Lo d lint/ tO- h t- 3 . Lady ii,n, L,A.141Y ) it is said, are obliged 4AniZe ' a 'guard. 40 attend them on their trav 4l3 in st. 4 The People of that Country „... "'ent to this .I',oa4it.ii. have* natural ~ G . lk . r.. :Pi/A/Si JAN. 2I o The journey of the FE R CoNscrt. into-the nine departments of Belzium is determined -upon, mid will take place sooner than was expetqed. The young men of the different towns through which he is to pass, are forming themselves into military "compa nics, to receive hint with due distinCtion. We have received intelligence that the EMPEROR ratified, on the sth instant, the Convention con cluded on the 25th of December, relative to the Supplementary Indemnities to the GRAND DUKE. The exchange of the Ratifications is to take glace at Paris. Bezxs, JAN. r3.—The Courier from Paris who arrived yesterday, brought us the Constitution of our Canton decreed by the Deputies, and approved of by the FIRST CONSUL. The Canton is divided into distrjtts, and the distrias into tribes. The Citizens of the Canton, enjoying a fdrtune of zOOO f. have alone the right of voting. Each tribe names an .Elettor out of fifty Citizens. The union of those EleCtors forms the Electoral Body of the Can. ton, which names the Grand Council, composed of two hundred and ninety.nine Members. It is to that Council that the Legislative power it confided. It appoints to all places. .Twe.nty.seVen 'of r its Members form the Petty Council, from' which are to be taken two Avoyers, a Treasurer, at a Chan cellor, who form, with the two oldeit and the two youngest Counsellors, the Executive Committee. The Grand Council appoints froth among its Mem. bers those who are to form a Tribunal of Civil Appeal, and a Criminal Tribunal. The same letters announce, that the Cantonal or, ganizations of Basle, Fribourg, Loriiro, and So lemn., are also completed ; and.that they resemble those of Zurich and Berme. The most remark. able difference between the old andnew Constitu. tion of the Cantons, fortnerly aristocratical, is the Political Equality between all the Citizens who corn. - pose them, the applicatioh rf which i to,be fOund: chicly in the composition of the Elettoral.Bodies. The provision by which the exercise of the admi. nistrattve and that of the judicial power are conftdea to the same body, has excited many remonstrance,. It is supposed, that provision will be changed. We learn further, that time establishment of a Ge neral Helvetic Diet, to assemble once a year, and to consist done Deputy from each Canton, is agreed upon. To establish a certain equality among the different Cantons, the Deputies of the greater Can.. tons are to have different voices in proportion, re. speaively, to their population. The meetings of the General Diet will he' in turns, at Zurich, Berne, Both, Soleure, Friburgb, and Lucerne. The De puty for the place at which the Di:t meets, will be Presidunt for the time being. HAGUE, JAN. zs. ON the t9th inst. Citizen SEMONVILLE, Ambas. sador from the French Republic, presented to out Government, in the name of that. of France, a *Note of Remonstrance against the propuied conversion of the Financial Reseriptions, payable eight , atooiL after the Peace, into perpetual Annuities. 'l hr ... ,, Frem*Cioyermeritdisapprove s the me414045-errecd• ingly,..and insists that the Batavian Government shaSl fulfilits engagethents to the holders of the: Re. scriptions.. The Batavian Ambassador, at Paris, had, before this measure was publicly proposed, sept notice, that it would not be dissatislattory to the French Government. The Frenen Direttory, when in power, had taken two millions of those Rescrip. tions at 25 per cent, - .Those have been lately with. drawn, and sold on the. Exchange at Amsterdam. Having lain for sortie years in the desk, they were particularly known when produced, by the freshness of the paper. It is understood, that Mr. Vos had made some mistake in regard to the answer of the French Mi saister. The Rescriptions are now rising in value. They have been sold, since the Note was presented, at from 66 to 67 per Cent.—The House of 13osxti, at Amsterdam, had orders (on the very. day on which the Note was presented),- from the House of Vorr.ora-Hozyk's and Co. at Paris, to make purchases of this Stock to a large amount. lt is pretty well known for , w 1.40 persons in Paris those purchases were made. We have information from Brussels, that all the Detni-brigades of the French Infantry, both Light Infantry and Troops of the Line, are to be com pleted to the number of zSoo men each, by a Con uripion. The Regiments of Cavalry and Dragoons are to be raised each to boo men : the Horse Chas_ sears, and Hussar Regiments, to 800 men each. The Corps of Cavalry and Infantry of the FIRST Cowsut's Guard will also be, reinforced with an addition of 600 men. There is a great adivity of manufadure now going on in the cannon founderies, and the Arsenals at Douai, Metz, and Strasburgh. The Minister of War has given orders in all the Belgic Departments, to raise as many Recruits as possible for the Colonies. CORN EXCHANGE, JAN. 26, OWING to contrary winds, we are still with. out fresh samples of Corn in general, and but little doing to.day ; Wheat, with most other ar. tides, incline upwards ; Beans and Pease very moderate ; Oats being in request, the sales are afFeaed at an advance of ts. and zs. per quarter ; Flour as before. Wheat 47S ass a 6os ad Tick Beans - als, a ass all Fine ditto . bIS A 62s 6d Oats .. -16 s I 193 23s Barley - sds a 28i 6,1 Poland nitto 2.4 s a 351;44 Aul t . . o s is 47$ o d [(Ape Seed - - 311 a 341 Rye . . 35$ a 38$ od Fine Flout - 45$ a s o s od White Pease 33a a 39$ od Seconddo. - ,dos a 4i6 Deans 4 33$ a 376 ad The voice of BILLINGTON the other evening was more enchanting than ever, and the decorations of her dress quite attraaive ; nothing mid equal the dazzling cited of the steel ornaments, which had a most brilliant appearance, and those truly ingenious Artists, Mebsrs. Shirrss and Sou, of Bir.. minghami stand unrivalled for their peculiar mode of giving to steel uncommon lustre, and rendering it in all its branches deserving the judicious taste of the fashionable world, LAW REPOIIt tjt..:4lT OF KlN(i's 13ENCII, IAII. 25. OLD WARRANTS OF ATTORNEY. Mk. iviAbit.tY moved for leaVe to enter up judg ruent.OA. on old Warrant of Attorney: The affida_ vit stated that the Party was alive On Thursday Last. Mr„ justiee.GaosE---" You must stay until yOu Nava an affidavit of the Party being alive within the term. The very. same thing that this motion seeks was refused last 'Perin_ to Mr. Hot-ROI - I) it is a pity that Gentlemenatthe Bar will persist in making motions which have already been refused." ROBERTSON FitgNcir. Mr. ERSKI,NE moved for a Rule to spew' Cause why the nonsuit in this' cause should not be set aside, and a new trial awarded. It was an afflon tried a few days ago before his Lordship and a Spe. cial Jury in Guildhall, upon a policy of insurance for time, six months, uport a ship and goods on a voyage from the Cape of Good Hope to the Coast of Afriesi from . thence`to South'4merica and back again. 101 1 the Cape, and upon which The Plaintiff was nonsuited. The case is important, as it involves a question upon the consttudion of a policy of in. sum*, and it was therefore agreed that Cause ihadrhe shewn against the Rule on Saturday next, ttrwhiell time we shall endeavour to give some ac coilik!of it. . CtYTHBERT v. wrtuY. Mr. GAR sow 11101 ed for a Rule CO skew CUM why the Warrant of !Attorney given by the De. fendant to the Plaintiff in this Cause should not be delivered up to be cancelled, why the E;:ecation issued should not be set aside, and• why the money levied upon it, and now in the hands of .the Sheriff, may not he delivered over to , the Defendatlicupon the ground stated in an Affidavit, that the-War rant or Attorney Was unfairly obtained, , and op. pressively enforced contrary to good faith, &c. to support of this application, the Affidavits stated a number of fans which would bear heavily on, the character of the Plaintiff if he could not answer them, and which we shall therefore defer the state ment of, until the season shall arrive tin his shew ink cause against Vie Rulti which was granted to .shew Cause. THE LING V. R.XDCWAY. This was a Rule calling on the Defendant, who is a Bookseller, to spew Cause why a criminal In. formation should not be filed against him fore an alledged Libel on the . Magistrates of Gloucester shire,. and those who have , the superintendanee and discOlon of the gaol of Gloucester. Mr. AUBOT moved that the Rule be made absolute on an Affi davit of Service..—Rule absolute. r Alta AND OTHERS 'U. TAYLOR. A Motion was made on behalf of the Defendant's for an Habeas Corpus to he direded to the Newgate, to bring up the Defendant for he purpche of being surrendered in this Adion in dis charge of SiFicr ss ayeat Ile had been mule a pi l ik r oot ; eras exaniihed - IU , - Coke:lu loners, NO committed by them for not answering satisfac. totily ; and this was the only course the Bail could take to,exonerate themselves from the Civil Suit.— Rule granted. The like Motion was made in another Cause on behalf of the Bail for the same Defendant, at the Suit of another Plaintiff, and the Motion granted. RYAN Z. RENICR. This was a Rule calling on the Plaintiff' to spew cause why the Defendant should 'not be discharged out of custody on filing Common Bail, and the question whether he ought to be so or not, depended on the construaion of the Ail of Parliament of the 38th. of Geo. 111. cap. so. sec. 9. which was an Att made for the relief of Aliens. who should be drivsn 00 of their own Country, and come into this in consequence of the French Revolution; which Aft ptuvides, " that such persons shall not be held to Bail or taken in execution, &c. in this Kipgdons, fur or by reason of any debt or other cause of Ac. tion contratfied or arising in any parts beyond' the Sea." The short statement of the fats of the case is this : The Defendant gave a Bond for the pay. ment of a debt in France, as a security ibr another person there, and that Bond was sent over here to the Plaintiff for the purpose of putting it in .force against the Defendant here, and to obtain the money upon it.. When the Defendant came here the Plain. tiff told him he had this 'Bond against him, and threatened to arrest him fir the debt- which was due upon it. Upon which the Defendant having no money (for although a ma n of p ro p ert y in France, he was obliged to leave it behind him, when he fled to avoid the horrors of the French Revolution), he told the Plaintiff he had a brother who possessed considerable property in the Welt Indies, and,he proposed to draw on him a bill of exchange for part of the debtlectrred by this Bond, anti it was agreed between the Parties that the Defendant should do so; accordingly the Defendant drew a bill of ex. change on his brother in Sr. Domingo, payable to the Plaintiff, which bill was afterwards sent to the West Indies to the Defendant's brother, but re. Turned for non-payment ; upon which the Plaintiff held the Defendant to bail, for the amount of this bill, and the question now was, Whether the De fendant was, or was not, entitled to be discharged upon' the provisions of the above Statute ii ERSKtNE, on behalf of the Plaintiff, ad mitted, that if the Vefendane had been held to bail upon the Bond, he would have been intitled to his discharge according 'to the humane provisions of the above Ad of Parliament, because that arose from a contra& in France, but here was a Bill of Exchange drawn in England for 4 bfitVifie sum of money upon a Bill * and which Bill was payable to the Plaintiff, and returned to him for non-payment, and therilore that was .a new contrail between these Parties,, made in England, upon which the Aft of Parliament was not intended to operate, and therefo r e t h e De. fendant WAS nut entitled t o his discharge. Mr. Gt-it irs i on .behalf of. the Defendant, eon.' tended that he was entitled to be diScharged nnrisir this Aft of Parliament ; that, to truth, this was not a new 0 1)11 4 4 between the Partic.;, but a I:ncidigWo, • titan of thc cilct of rlhe t azontitt tmd by tile Defendant in Vtitrice, for a debrcoritrodett El France, Upon tilosr eleatly; he etiiihi hi have held :he Defendant ‘to 1144' in this Count 'y, pro Visions of the Aft being diretilv nainSt Oaf the Plaintiff told the Attendant could afir him on that'. Bond, Which was a • fraud hpon Ictidant, foe the Plaintiffhad no such power ; host , . ever, the Defendant •hating urs' tittirrey, and believ.. : ing his ,brother had, in ,the, West Indies, drew thisi Bill on him, which was to be considered order of the Defendane.s art his brOther td. pay a part of this money, and thiS was in ease of I. ) laintiti; to obtain money which he cm 1d nut ,hoer of the Defendant, which bill was returned: for .onn... pLiyment, upon which the bond .stood in. like Ulan ner as if there had been nothing done. The. whol , : matter originated in France; there was no nes7 consideration- given to the Defendant in this try, and this was an attempt to tender 4 man Habib to be held to bail ; for a debt, because he hadi froth an excess of honesty, endeavoured to give the Nth): tiff a better chance than he had upon the ho,,d i for the Defendant was not bound to give hie brit might have left hilt to his remedy upon the boutti but he had endeavoured to do betrer l giving this bill, which endeavour had been ineffttial, and dm Plaintiff then stood in his original li•oation; %I-1116 did not entitle him to hold the Dt,fendant to bait for which reasons he trusted the Court would lie Of opinion that the Rule for dischargbig Its: D'efittidant on filing common bail, should be in. , de, , absoliiie.. Lord ELLEICOoItoUGH said, it of to him; that the °Ned of the At of Parliainentin this ca.ie; was to proted persons, driven from theit own Country, by the violence of a kevoiutiuni front the inconvenienees of arrests in this, on court of contrads entered into in , their /Akin, but trta zr proted any persons from the inconveniences Which might result 'from their cantra&s . here; however providelitithey might be.. In this case the Court :Mot take ittillae bothxarties were eipally eugnitant cif the Law of this, CatthtrY and with that knOwhi:.dge whiCh: the Defendant was presumed to have of' tliti Law, he gave this Bill of Exchange, which was: a security for the psyment . of the money therein Spe.: cified. Mr. Glass saidi thaf-this Bill of Exchange - cil?dtt given • to . relieve the Plaintiff in this was not so; 'it'likaS rather to reli ev e t he Deferida4t from the pressure of a suit which might have been instituted - against . althoOgh that could have been a bailable one. The Defendant might therefore ,Have beeriTsaid to have purchased a heneat to himself by giving, this secutlty to the Plaintitil it was therefore. necessarily a revcr cause of adion; In shape the aEtion was made different, by giving it Bill of Exchange, from that in which it would have been upon the Bond, (for upon the Bond an ;latent might have been brought, although the patty cothei not have been held fo bail ;) nor was this all, foe the consequences of an saint) on a: Bill of Exehange and upon a Bond, were different, in some respeettii in point of law, It was therefore not an 'talon upon the old Contract, which arose in E.rantee brit Upon a new one, which was made in thk counfry .Some difficulty did, at first, present itself T 2 )nn. the (4 Pe %'.iqueitt l i but. .here the Debt was varied in its Oape,... anti therefore the made . of.illion 74iAti varied,. . Lord ELI.ENBOKOI/0,1 having expatiated on the nature; of. the Case in many other respe Cls, said i pearcd to him, upon the whole of it, that horn the v at ion made by the Parties as .to the means of suit e aiA the rights of the .Parties, this could not, noel be said to be a debt arising in a speciffe contract Made abroad, but was a new debt arising here, With ne incidents , to be attached to it, together with tote, forms of Atlion e and, therefore he could not feel that the Party on whose behalf the application was ny;i t it . , came within the benefit Of the Act of Parliament. Mr. justice GitOsit said,.. that the question liettl was, whether the Bond, or the Bill of hxchange was the Cause of Action If the Bond, unquestiop Ably there tvould b e an en d o f i t, the Defendant' would have a right to his discharge, at the IVlotioti prayed. But the Bill of Exchange was the CaUqr Of the Aetion ; and as to the eireuinst.inc, under Avhich it was given, the Parties must be taken to be Cognisant of the Law. The Defendant koe,ae that he was liable to he sued upon ; the Bond i though not to be held to bail ; and then he chose to change the security, by giving a Bill of kxchar.ge4 That Bill of Exchange was, a new cause of fVtio et ' i arising in this Country, and that the Defendant knew, or Must be supposed to know. Suppose this was a negotiable Bill of Exchange, and Nagai into die hands of a third person, what answer could be given to him The present Defendant could give the same answer to him, as lie now Offered to this Plaintiff: he really did not see any ground of dise tiiulion between this Plaintiff's Caaef and. than of an Endorsee of a Bill of Exchange e for in this Case, there was nothing maim in re. He should have. been glad its give to this Defendant the benefit of this merciful Ad of Parlioment, if upon the cit_ cainstances, he had appeared to be intitled to it, but he was not so, for the cause of this Attion did not arise abroad. Mr. Justice Ltuilt ENC a said, that it the A of Parliament had enabled the Court to extend its provision to this Defendant ; they would have been glad, for, although the Law - presumed that hei a/ well As every other person, who entered into any . contrati f knew_ the law of that contract, yet, th' probability was, that he did not knoW the law which exempted him from arrest upon his Bond this case. flovvever, he must be taken to.know the Law.—The single question was, " Wttethe'r the cause of this Action arose in this Country Or not i" and upon that, it Was impossible to doubt, since the; Adion was brought upon a Bill a Ex.. change made in this. Country. Mr. justice Ls tbint.c said he should . , for the rea.,- son assigned by Mrl Justice La.w iteNC e, ha ve been g lad', if the Aa of Parliament had empow.-red them, to relieve the Defendant ; but that w.nt bo , • g y the Ali of Parliament, the Defendant was not ex. empted from the penalties of a suit upon the R os ,d ; is only provided that his person could not be arrc,ted in the first instance.--He, under an apprehension that he 'rnighe have been arresterf upon the !loud in the first instance,. l'Crf to avoid ;m7 other course of Last, gave to the Plaint,E this 1,11 of Exchange, and au heb4cant: WWI to all the en ,t_