The Sun. — London, England, 1803-02-14 00:00:00

f ROYAL MARINES, LrEtrr.•COLoxtt3. dward Hill, from Half-pay, vice Varlo, retired. Henry Anderson, promoted, vice I‘l'Denald, ditto. !c.O - 'ifsV with PUG s tia ntgY b e en ,ots 10 ° for olle( Pie . 'One' )ierl rentt' ottlf 111 e l eVilf elev en o ge fit flo The following Appointments have taken place in the Corps of Royal Marines • MAJOR.S. Thomas SOLl , :land, from.liall-payi vice Spry; retired. obert Winter, from I.lalf-pay, vice Archbold, ditto. Thomas Lewis, from Half-pay, vice Andersoh, promoted. CAPTAINS. David Collins, vice Darley, Half-pay. j.nes Maxwell, from Half-pay, vice Ball, retired. Palmer Westropp, ditto, do. Foster, do. Robert:Roe, ditto, do; Hopper, do. Waldf 1 Tonne, ditto, do. Patten, do. P;tilip Sturgeon, ditto, do. Colby, do. :'• :.rd Parke, ditto, do. Wier, do. Hunt, ditto, do. Simpson, do. •crt Johnstone, ditto, do. Young, do. ;Ain Richardson, ditto, do. Flight, Half-pay. CAPTAIN-LIEUTENANTS. C • P. ‘Vingrove,lrorn Half-pay, vice Rea, retired. Thomas Shepherd, from Half.pay, vice Boys, Half-pay. On Thursday Mr. BALDNVIN, from the Selea Committee, who were appointed to try and deter. mine the merits of the Petition of JAMES DASH *W"°D, Esq. complaining of an undue eleaion and retur n for the Borough of Shaftesbury, in the County of Dorset, informed the House of Commons, that the said Selea Committee have determined, '---That Roe ERr HVitsr, Esq. is duly eleE'ted a, Burgess to serve in this present Parliament for the Borough of Shaston, otherwise Shaftesbury, in the county of Dorset • and also that the petition of the Said JAMES DASHWOOD, Esq. did not appear to the said Seled Committee to be frivolous or vexa. tious. Mr. HURST being chosen a Burgess to serve in this present Parliament, for the Borough of Shaftes. bury, and also a Burgess for the Borough of Steyn.. ing, has made his eleftion to serve for Shaftesbury. In consequence a new Writ was on Thursday or. tiered for Steyning. Tn.inorrow there will be a Ballot in the House ° 24. Commons, for a Committee to try the merits of the Nottingham Election Petitions. A more portant consideration, as applied to the Freedom of Ele4tion, we venture to predol, will not come be. fore the present Parliament. In consequence of the absence of Gen. WHITE. tocx, the Command of the Garrison at Portsmouth devolves on Col. M nt tr. Accounts are said to have been received from Sir ROGER CURTIS, at the Cape of Good Hope, of the troops having embarked from that place. The Dutch prize.money for the captures at the Cape of Good Hope, amounting to . upwards of 250,0001. was more than nine months since paid to the Agents for the purpose of distribution ; hut t hree Surgeons in the Army having preferred a claim to share in a higher class, the division has been suspended : the Agents should on this, as on similar occasions, reserve enough to cover the new claims, and distribute the residue. The Bth Dragoom, with the 22d and 6sth Regi. l' l ;e"ts, have left the Cape of Good 'lope for India ; 34th Regiment follows. The 81st and the 91st .4vtgimentti are coming home. , s3d Regiment, recently returned from the \ l tir is arrived at Shrewsbury. Guar(' at the Naval Arsenal,,Plymouth, has, fr,tm the Admiralty, .been increased from .1 , 1 'Hulked men. Opera on Saturday night, notwithstanding t , Aness of the weather, and the indisposition of sage of the principal Performers, was uncommonly well attended. The increased exertions of those that were in health, compensated in a great degree, for the absence of the invalids. The Hero of the North is the Piece that •is attri. tuned to a son of Mr. DltsoND, the respeftable Iklanager of the Bath Theatre, and; , from all ac counts, it is a produaion likely. to retied much cre dit on the Author, who, at a very early period of life, displayed very promising tokens. of poetiCal genius.--Mr...SatatonN, it sterns, zealously pa. Unitizes this Play, and has promised to enrich it +with a . Speech in the' style of Rolla's celebrated harangue to the Peruvian l?orces. - On Saturday, the Society of the Prc.Nrcs met for the first, time this season, at the . .Toitenham. street Rooms. On account of the absence of several leading Members from London, the Meeting was adjourned for a few days, when a Committee will be appointed . :for arranging arid conduaing the Ainuscments of the Society for the ensuing season. -The Sussex levels have been within these few dayi visited by a great variety of••tv;/4„fotta.—We have not heard whether there are amongst them any geese that way have taken suing from Lord DUDLEY ;tiU continues at Walley, ad ministering comfort to his Poor, by giving them bread and meat to nearly the amount of i zoo lb. . c very.Sunday. . i. The Bishop of ',ITCH r ILD and Lord DUDLIY ) 'have each given 3 00 1. to t he Fu n d for crating a free Church at Birmingham. Mr. Bow LTON and PENterat'rota give tool. each, and 'the other sabseriptions am0u0t49,4911t •, t The: uprightnes.sAir Administration rebraing the rece nt Trials for High Treason, and the circumstances which led to those.Ttials has been so manifest, that it has &aim forth the following teotimony in their favour, even from a Print which !centrally ranks %ith the 11306 C active of thejr Opp dents • We are anxious that the eonduet of Government should b...,:freed from the slightest 1111putAtion regarding those Tfials. we feel It has been' such 44 the beat AdMilliStratlOP, MOO Laat times, would have pursued." Capt. Cati.cox, of the Navy, a very worthy young mans was on Wednesday found. dead at his, :lodgings, in Bath : he had arrived thete from Wind 60r the preceding evening, in apparent health. The average price of Brown or 'Muscovado Sugar, computed from the returns made fot the week enaing the gth day of February 1803, is Thiro.u:Ne Shil 7 and Ont lidlf,eNni per hundred weight. 47 AMERIC,4% W'. Y 0 it iCA DEC. !7. As express arrived at this place last evening from New. Orleans, with Dispatches fur his Excel lency Governor GARRARD, containing the interest. ing, but disagreeable intelligence of the Port hav ing been shut against the American Commerce on the tBth of Oflober. By a letter from Dr. JAMES SPEED we find, that application, on the igth of 061ober, for permission to land American 'Property was refused, and the Gentleman informed, that he must either return , to Natches, or put it on board American vessels. It was said, that a Proclamation was daily ex_ peled, requiring all Americans to remove in forty days, and that thereafter no American Vessels would be permitted to enter the Balise. DECEMBER 20. The several communications from New-Orleans, on the subjeft of the closing of that Port against the American Trade, are highly interesting. The re. solution and memorial of the Kentucky Legislature, indicate the general indignation which doubtless pre vails throughout the Western Country, at this ad of injustice on the part of the Spanish Government—un just, so far as respels the non.assignment of an equivalent position, on this exclusion from New- Orleans. The President in his Message, refers the business entirely to Congress ; should it be treated with indifference or procrastination, there is not the least doubt but that the Trans.Alleghany Settlets• will rise in mass, and avenge their own zivtuse. This is not a subjed, therefore, to be t.ifled with. Congress must ad decisively, and either by prompt negotiation, or otherwise, maintain tl.,e privileges secured by their Treaty with Spain, or hazard the consequences of our western country men advocating their own rights. Half a million of hardy enterprising yeomen will never submit, without a severe struggle, to have their industry interrupted, or their commerce shackled, by any foreign nation whatever. Letters received in this City, per Mail, furnish us with the following information : NEW.ORLEANS, OCT. 23. All produce from the We;tern Country will be permitted to enter here by paying the established duty of the Port, i. e. 5 per cent. upon their own estimation of the value of the article, viz. flour 4 dollars per bbl. cotton r 8 cents, per lb. tobacco 40 dols. per hhd. which duties must be paid imme_ diately after the entry, and the same on exporta. tion. Should the produce be forwarded here for ex. portation, the duties may be saved, by keeping it on board the Boats till an opportunity occurs of shipping it on board American Vessels, which must lay in the stream. Produce sold out of Boats to persons shipping in American Vessels will not be subjea to duty, as the Custom. House is not to know trans aaions of this nature, but the moment the articles are entered, the duties must inevitably be paid. We arc no longer in doubt on the subjea of the French coming to this place. Orders have aaually arrived from Spain to deliver it up on demand.--- 1 When this will take place is not known, but we presume early in the spring. JANUARY 7. On Monday last arrived at Baltimore, the Ship Serpent, Capt. SPEAK, in 19 days from Basseterre, Guadaloupe. Captain S. Worms, that the Govern ment forces the American Vessels to take off' from the Island all their Convids. He. was detained two days, and they put three on board his Vessel—they informed him that they would send off some in all the American Vessels, until they got rid of them. Capt. S. further informs, that the Blacks were nearly subdued ; that ten days befoie he sailed, the Black General, PALERMO, was surprized in his Camp by a company of Hussars, and put to flight, 16 Blacks wero(illed, and 9 taken Prisoners:— Their whole force, Captain S. was informed, did not amount to more than 6o or 70. Capt. S. also informs, that:the Frigates that were at New-York, with the Negroes, had returned, and that they had been landed on one of the Saints, where they were undergoing their last examination. It is supposed they, will be hanged or burned American produce was very dull at chat place. A War between England and France 'was currently spoken of. We understand that the Executive have received authentic information, that the late suspension. of the right of deposit at New-Orleans was under taken without orders from the Spanish Govern ment, and that the measure' had been immediately communicated to the ' Governor of Cuba, who has a superintending authority over Louisiana, as it doubtless was to the Spanish Government. It is certain also, that the Governor at New-Orleans, who hat no authority over the Officer froM whom the suspension issued, objected to the measure. Under these circumstances, and the interposition of our own Government, it may be reasonably hoped, that the matter *tn . be peaceably; and early adjusted. WASHINGTON. JAN. 1. The Governor oldie Miisissippi Territory, WM. C. C. CLAI goyim, has received an answer from the Governor.Genetal of Lou6iana, resident at New Orleans. CORN EXCHANGE, Fss.. 4. WI have scarce any arrivals to-day, b e ing 'so early after the frost ; the Market is dull, and Wheat has no alteration in price; Barley is in. plenty ; and Malt as our last ; a goa d quantity of Pease ; in them and Beans tve see no dilCial1011; Oats are getting Something lower , ; last prices of Flour re main. ..,.....__ _ Whep 451 a Sts aos ad Tick 13W% ~ aSs a 33s od Fine ditto -00 s al)is ad Oats - • iss a Ifis :as llarley - 225 II 27S 0,1 l'oland ditto 22$ a 23s 64 Malt - - , fry , fry ß 463 oi l RapoSeed . - 3 0 a 341 Kyc - ' • 336 a . 36 611 Fine Hour 1 45$ It 50s od White POS. 33* a 39s 64 Sgsi9p44l9 • 4 - ' 6 a 45$ Deana - 31$ a 344 44 L. 4 0 7 REPORT. CL)I:T KING'S BENCH, Fi.a. • Mr. Ct. .Froik 6 moved cot stave to file a Crimi nal Information against JOHN BAR B E it, Esq. Mes senger Of the Great Seal, and Colonel Wool:, Mem ber of Parliament for the Borough of Gatton, on an allegation in an Affidavit, that they had concluded themselves contrary to the express provisions .of the Statute of the 7th and Bth of William 111. which expressly required, that after the Sr EA ICE R shall issue his warrant to the Clerk of the Crown for a new writ for the Eledion of a Member to serve for any place in Parliament, the precept shall within three days be delivered to the Returning Officer of the place, instead of which, this Gentleman, he said, had delivered this precept to Colonel Wood, who had said, the'Botough was his own, and he had kept it for twenty days before he delivered it to the Re turning Officer of the Borough. The Court observed, that here was no state ment of any thing being done from any corrupt m otives whatever, and therefore the Court would not interfere in this extraordinary manner. If there was any thing in the case that was illegal, the party moving, might resort to the ordinary re medies of the Law.—Motion refused. SATURDAY, FEB. 12. CUTHBERT fV. SWINEY. TIM was a rule calling on the Plaintiff to shew cause why the judgment signed in this case, and the execution levied, should not be set aside, and why the money taken under that execution, now in the hands of the Sheriff, should not be delivered to the Defendant, upon the ground that the Warrant of Attorney, given by the Defendant to the Plaintiff, for securing the payment of tool. borrowed of the Plaintiff by the Defendant, was founded upon the most griping usury, and that the judgment had been entered up, long before it was agreed between the parties that it should be so, &c. • . Mr. ERMINE, in sheaving cause against the rule, observed that it had been obtained by means of the most infamous perjury, for that every one material circumstance in the Defendant's affilavit, was Duly denied by the affidavit of the Plaintiff, and in this the Plaintiff was confirmed by another, who joined . in,the affidavit. Mr. EastciNF was proceeding . . to state the circumstances of the case, when • Mr. GARRow observed, that be kid seen the affidavit on which his Learned Friend was sliming cause. His ohjed was to save the time of the Court. He was aware that if the whole of the affidavit was gone through, the result would be that this rote would be discharged; upon which the rule was discharged with COSt9: Mr. GARROW moved for a rule to slew cause why a Plaintiff bhould not give security for costs, on the ground that he was a native of France ; that he came over to..this country, and was now residing here merely for the purpose of superintending his cause, and that after it was determined he was expected to return immediately, so that if the Defendant ob. tair3ed a verdift, he would have no means to secure his costs, because the Plalqtiir might be gone out of the jutisdittion of the Court. Mr. ERSKINE said, that the Defendant might find the Plaintiff in this cause at the house of the French Ambassador. Lord ELLENBOROUGH observed, that, the tiff was now resident in this country, and no case had gone so far as to determine, that because he had another residence, he shall give security for costs and therefore the motion could not be supported. — Rule refused. ARIS w. DICKII. Mr. SCOTT said he was to chew cause against a rule which had been obtained by Mr. Maw', and which had been obtained upon the affidavit of • the Attorney of Mr. Aris, which 'stated that this a6lion was brought against . the Defendant, who is a Stationer in the Strand v for defamatory words by him uttered of the Plaintiff, that he was a murderer, that he starved two prisoners therein named, Shander and Johnson ; that they were,in the custody of the Plaintiff, as keeper of Coktflarli-fields prison ; that one of them` died in the House of Correelinn, of _which the Plaintiff is the keeper, and the other in the Hospital tionn after his enlargement. That to this declaration, the Defendant, by Mr. Con. cannon, his Attorney, pleaded the general issue, but afterwards requested leaye ,to plead a justificvion, which was granted ; that the Plaiptiff's Attorney calltii on the Defendant's Attorney in the month of November last, for his plea, whenle,was told he might sign judgment for want of it ; that judgment was Signed accordingly ; and now it was the wish of Mr. Aria to have the writ of inquiry of damages in this cause executed before my Lord Chief Justice and a Special Jury, instead of the ordinary course of having . it executed, which was before the Sheriff of Mitt. dlesex. Mr. SCOTT observed,. that this was' -not sufficient ground for taking the mattes out of the ordinary course of business. Here was nothing but the desire or wish of the Party, which was no boon. dation for the application.. In answer to. this a l e. plication, Mr. ScoeT said, that his Client and his Attorney had made an aftidavit, that was to say, William Dickie, of the Strand, Stationer, the De. fondant in this cause, and Matthew Concannon, of Coleman-street, his Attorney, made an affidavit, by which, first; the Defendant said, that notice of a writ of inquiry had been given to him, so be exe cuted before the Sheriff of Middlesex in this cause; that the Defendant had no other reason than that it would load him with expence to have this writ of inquiry executed before the Chief Justice and a Spe. cial•Jury, and which 'expel - ice the Defendant CannOt Support. . And Mr. Matthew Concannon the Attorney for the Defendant; swore, that this aLtion was COM• mence d in el l e year i Sot, and that no notice of trial was given until June itioe. That the interloctitory • judgment,Wee signed in Michaelmas Terin following, an d t hat notice of inquiry was afterwards given, bat 'at the desire of .the Dep6nent it wiis.p.istp o r i ed until a future day, and then continued by the Plain tiff's Attorney. Lord lELLENuoitoucit said, he aia not wish to take. up the question of the propriety , t)i' this up. ptiutioo opw upon the general grouni, but here, the Only objediori stritest of .behAlf of the be. lendant was the Expence ) the increase Of the cost; being what he could not sustain. Now his Lord - ship asked if the Plaintiff was ready to instain as: difference of the costs to be occasioned by thi: Cause ? Mr. GAttitow said, he understood his Lordship to mean, 'that the Plaintiff, when his costs cause to be taxed, shoat have no more- costs than if he had pursued the ordinary cOurse of executing the Writ of Inquiry before the Sheriff. Lord ELLENBOKUVGH said, that spch was' his meaning, and he understood Mr. SCOTT. to say, that the additional e4ence was the only ohjettion his Client had to. this application, and if this were removed, there need nothing- further be said on the subjett, tbrjher, the Rule might be Made abbolute by consent. Mr. GAttaow said t that . he was, willing to un dertake for the Plaintiff to sustain the extra exe pence which this Course would occasion, Mr. SCOTT submitted to the Court, whether It. - was not incumbent on Mr. Ails to,state something more than he had done, in order to be entitled to have this application assented to by the Court. 14e should alledge 'seine reason for thinking, if he did think, that he would not have as much justice done him before the Sheriff, as before one of their Lordships. He had not done so, hut he had already acquiesced in the common mode of 'proceeding, for he had once given notice of executing the Writ of Inquiry before the Sheriff.. On the part of Mr. Dickie, he had no particular objeCtion to this mo. tion, because he was assured that he should have as much justice done him before the Chief Justice and a „Special Jury, as before the Sheriff, yet he could not consent to this Application, because no ground had been laid for making it. • Lord ELI, E N BOROUGH said, the Court had not pronounced on the Application itself, it had merely thrown our, whether, as the Healy objeftion to it was removed, namely, the expellee, it might not he done by consent, and .the Court had thought there was an implied consent in the statement, that the only objection the Defendant had, was to the ad.. • ditiunal expence ; now that had been removed, and there, it should seem, was an end of the matter. Mr. Scorr said, he could not consent to any thing in this case nut of the common rule. Igo submitted, that • Mr. Aris should have stared a better ground to support this application than his mere wish. He did riot chuse. to agree to any thing on the part of, Mr. Dickie ; the bu siness must take its course. If their Lordships would permit it, he would repeat the substance of the affidavit ; which he did, and by which, he said, it appeared , that the parties •hatl, for their mutual accommodation, agreed that this inOtry should be postponed from time to time, but nothing transpired until Thursday last of any intention to, take this course to have the inquiry executed before the Chief Justice and a Special Jusy, although the aftion was commenced so long ago as the month of' JUTIC, tBoi. He could nor conjedure what reason Mr. Aris had fur taking this course, since he did not assign any. He must leave it to the Court to say, whether, upon such materials, it would al ltiw this cause to be taken out of the common course of the administration of jnitice. Mr. Getaltow was going to address• the Court, wheri . . .. Lord ELL EN soaourm observed, it was tinneces.. nary. This was an, application, not in the ry course, but founded on the partiCular situation Of the Plaintiff, holding an offi.:eof Public Trust„ who WAS accused of mindering persons under his care.-- It was therefore necessary that the, miner, should undergo a more public discus inn, than, as it were, in Camera, in the Sht.riff's Office. It _there was' • 4, , matter of hesitation fox the Court, fit was chiefly' }n the score of expellee ; but that difficulty was re. moved by the;Plaintiff haVing undertaken to relieve. the Defendant from ,that . expense, and therefore,. , considering the nature ,of tin, eomploint, and e on .' sidering that there ‘4s nu iii , .:onvetlience to the De,.. fendant, hisLordshipr,diii not see any ground fur refusing to assent la this application. Rule .absolute, on condition that the Plaintiff shall switain the extra 'expences of executing this Writ of Inquiry. TILE SARI, OF STAMFOkD ru..11( cILVERT HEATri. COTE, AND OTHEki. This was a Rule to sliew Cause why .there should • not, be a Trial at Bar had in this cause, on the ground that it involved property of great magnitude, ti;:. Right of. Common to to,ooo Acres of Land in LiAcultishite, and on which account it was thought not advisable to try, it in that County. Most of the Defendants, as well' as the Plaintiff, wished this, course to be taken, as being more satisfactory than a Trial at the Assizes. But Sit Gilbert lieathcate Objeeted to it, and submitted the propriety of its • taking the usual course. Mr. ERSK INS jocosely observed, that he repte. sented Mr. Dim Mock, the Champion of England, in this cause, and it was .only out 'of respect to 'the Court that he, did not. use his privilege of making this motion on horSeback,. according to, the rules •of ancient chivalry. This cause was stated to haste excited already too lively an interest in the county of Lincoln to be fit for trial there, &c. and on ac count of its magnitude he submitted the propriety of its being tried at Bar, The Court observed, that although io,ooo acres of land - were involved in this contest,. it did not appear that many points of law would be discussed ; the mere magnitude of property in a contest was not a sufficient reason for such anrapplic4tion as this; and if the Court'granted this application, it would only be an encroachment upon their time, already sufhaently occnpied.--ltulc discharged. . UNION HALL.--,011 'Thursday last the Society for the suppretsion of Vice hronOt Wore-11w Magi straws, thirty Publicans for anffrrin p tiprtin in their houses on the preceding Sant4V during Divine Ser. vice. The parties hid recelied- a previous caution from the Society; hut nor attending to the sAme, they were prosecute 4 and conviaed in the full penalty of tbs. eileh ) with costs, and received a suitable attnonition from the Benclt Wednesday a shoemaker was conviard at Nor. wieh, in the 101 l penaity, lot exposing tairty pair of shoes and boots made of WO itiawrials.