The Sun. — London, England, 1803-03-25 00:00:00

PARIS, M,►.aCi wo English sloops, arrived in the Bay of Can. cal' in the night of the x4.th, brought an order to 28 English Ships that were in the harbour to load oysters, and to return immediately to England. The crews immediately prepared for their departure i and sailed the next day. This news alarmed the country, and particularly the people of St. Malo, where 20' large ships were on the point of setting sail for the Newfoundland fishery. Accounts received at Havre from Gibraltar, dated tBrh February, stare, that two French ves sels, La Tamise and Le Mauve, bound from Mar. grilles, were hailed on the 13th by two French ships of the line, who informed them that they had sailed from Toulon, with Troops, destined for St„: Domingo, under the orders of General Ilatsaux.. It was requested, that the intelligence of their having been fallen in with, should be conveyed to Ilavre as expeditiously as possible. RATISEON, MARCH I2.—A new incident re. tardy the progress of affairs. The Imperial 'Mini. sters have, decidedly declared against several dis positions of the general Reels, and persist in their objeiftions in spite of all the representations which have been made to them. The Eta.Etym . protests against all the dispositions relative to the mediate Chapters, Convents, and Abbeys of the Hereditary States, comprising those of Anterior Austria ; hints that the obligation imposed upon the .ELICTOIL of )411FARIA, of not establishing new fortifications in the Suburbs of Passau, extends to, a certain dis, tance round that fortress, to be determined upon; protests beforehand against all exchange in his - fa vour of whatsoever Indemnities for the Bishopric of Eiehstett, which shall be contrary either to. the rights of the House of Austria, or to those of. the Mtpreme Chief of the Empire ; formally demands that the new organization of the Diet in general, and of the College of Noces in particular, shall be deliberated upon separately from the general Peer/ ; claims the re-establishment of the equality of religion in the two Colleges, and in support of this principle demands an augmentation of votes in his august House, and alio the confirmation of all the dispositions of the Treaty of Westphalia, which shall not be found to be abrogated by the general Reefs, This incident has given rise to various con. ferences between the Ministers of the Mediating Powers and those of the KING of PRUSSIA, the ARCH-CRAkCELLOR, the ELECTORS of BAVARIA ) IiESSE.CASSEL, WIRTEMSERG, and BADEN; an.i in the Sitting of the Diet of yesterday, M. D'At.stNt read a Note from the Ministers of the Mediating Powers, .whiCh produced the greatest sensation. He read, amongst other dispositions, that "The Undersigned, the Minister Extraordinary of the French Republic, and the Plenipotentiary of His Majesty the EMPEROR of Russids, see with pain the discussion entered into in regard to the proposition which has issued from the Direiflory of the College of Princes. There was doubt_ less no reason for deviating from established forms, en-a solemn occasion, where two High Mediating Powers are parties concerned. Nor was there any season for passing over in silence !lc Nnre which the Ministers of the Mediation had the honottr• to delivtr to the Diet on the z7th of February. But such is the importance of the deliberations with which the three Colleges are occupied, that the Un. dersigned cannot be too earnest in requesting that of the Princes not to give any consequence, at pre. sent, to the. discussion which has arisen. " The Diet perfeetly comprehends the extent, the nature, and the consequences of the care taken by the Mediating Governments fur ensuring the tranquillity of Germany. It has before its eyes the result of the Negotiation concluded with those commissioned for that purpose by the Empire. It is no longer a new negotiation, but a full and entire ratification which is recommended to the patriotism of the Elellors, Princes, and States of the Empire. Ali private interests ought here to be dissolved in she common interesL gl The Undersigried refer, therefore, with con fidence- to 'the Note which they had the honour to deliver to the Diet on the 27th of February, and to the Report which the Extraordinary Deputation wadeon the zsth of February. They earnestly de. xttand that no division of views may divert that at. tension due to the memorable aft, which ought to be cloathed with constitutional sanction. " The Undersigned think it their duty at the same time, to moderate the uneasiness manifested since the Sitting of March 7." The Note terminates in the following manner: " The undersigned, full of respelt for the liberty of suffrage, will make no observation on the addi. tions, modifications, or retrenchments proposed to the final plan agreed upon between the Mediator and the Deputation. They refer to the wisdom of the Diet, which will appreciate the intentions of the Mediating Powers." After the reading of this Note, the Ministers of Prussia and the Arch. Chancellor have had new dis. eussions with the Austrian Minister, relative to the same objeti, and to his last proplsition in his quail tY of Dirator of the College of Princes. The Protocol of the deliberation has been continued, and The Ministers of Hesse Cassel, Hesse Darmstadt, Mecklenburg, Lubec, and several others, have voted for the adoption of the general Cone/arum. BERNE, MARCH r3.---The Supreme Tribunal Was dissolved on the loth of this month. The new Provisional Government was constituted the same day. Its first official proceeding was the issue of a Proclamation, which stated to the inha. bitants the changes which had taken place, and returned thanks to the illustrious Mediator of Switzerland for re-establishing the Federal System by assimilating the Constitution of Berne, as nearly as circumstances would allow, to its ancient form of 6 nvernment. "We cannot, however, conceal from you," say the new Magistrates, $ 4 the various obstacles which present themselves at the com. mencement of our career, which principally are the consequences of Anarchy, the furor of Party, and -In exhausted Treasury. Bar, the convilion which we entertain ' that, under the existing circum itatices, the Constitution, as established • by the of Mediation, is fully adequate to save the t:euentry lioel total ruin, will inspire us with a sufficient share of resolution t 6 enenuntei them. We rely upon the strenuous co.operation of the en. lightened and loyal Citizens of all ranks. Qur Country was . once opulent, it has become poor ; • our People were once happily distitsguished' for their love of order, of'peace, and subordination ; but the di s o r ders of successive Revolutions have excited in them the worst passions. Assisted by your exec. tions, the new Government will redress -those grievances, by an enlightened system of economy and moderation." At the end of this Address, it is deated, that, for the purposes of. the Eleetioos; the CantOn shall be divided into five distriai, that-all the Authori. ties are• provisionally continued in the exercise of their funetions, that the President of the Commis. sion should be charged with the execution of the Laws and Decrees, the office of the Prefect be Sup. pressed ; and finally, that die ancient colours of the Canton of Berne, red and black, be substituted for those of the Helvetic Republic. Immediately after, the Helvetic Flag, which was exhibited at the Hotel de Ville was taken down, and replaced by the ted and black Ensign. The installation of the Landaniman and other Officers of Government, took place on the same day (the loth) at Fribourg. The ceremony was announced in the morning by repeated discharges of artillery, the ringing of bells, and the sound of drums, &c. The French Troops and the Swiss Giiards having marched to the square in front of dip Hotel de Ville, they escorted M. le Landam. mzn and the members of . the new Government, to the great church, where a High Mass was celebrated on the occasion. The Procession after. wards returned to the Hotel de Ville. Citizen D'ArritY pronounced a suitable Address, and afterwards invited the greater part of those who aceoMpanied him to a splendid dinner. The Citi- Ae.os in general manifested every symptom of joy, dancing, feasting, &e. and at night, the most btil. liant ,fire-works were exhibited. 11 . is said that the French Minister, General MY, will immediately leave Berne, and establish his re sidence and head -quarters at Fribourg. It is now confirmed that M. M. REDING, HIR. 4EL, AUF-DER.IVIAUR, &c. are excused from re. siding in France. Citizen MATH IDa COME has also - recovered his liberty. On Thursday se'nnight came on, at the Castle of Exeter, before a Special Jury, the long depending and. interesting cause for deciding the right of elefting a Mayor for the Borough of Plymouth,. in which T. CLEATHER, Esq. was the nominal Plaintiff, and J. C. LANGMEAD, Esq. the no. minal Defendant. Mr. Gt eas led the Cause for Mr. Cleather, and Mr. Dma,As for Mr. Lang mead ; when a full verdict was . given for Mr. Langmead, by which the right of eledion of the Mayor is decided to be in and from the Commonalty at large, instead of b e i ng confined to the narrower made of eleCting by Assurers and a Jury, as con tended fur by the Aldermen. The national advantages derived to the Public from the Marine Society, cannot be more strongly exemplified than by stating that the Weekly Com mittee yesterday provided for_thirty.five boys, all of whom, from indigence and distress, are placed in situations to defend their Country, by.adding to the strength of the Navy ; and also that twenty-two were ,sent on board the fleet now fitting out, An infamous system of fraud, long praised among many dealers in butter in the Metropolis, has been fortunately discovered. It has operated so very heavily, particularly in the cases of the lower classes of the community;as in some instances to amount to a prohibition, by raising the price of the commodity to an.enormous height. Yesterday no less than thirty-four penalties were paid at the Mansion-house, by persons of the description we allude to, corivided of abuses and frauds in the packing, weight, and sale of butter. Several hun. dred informations of the same kind are immediately to be brought forward. Some of the Faskonable Prints are bringing Lord Cuot,moNuney and his Fatnify from Paris, hut we do not learn that his Lordship has any intention of leaving it, unless Lord WIIITWORTI-1 does. Mrs. BELLiNGTON sings at Bath during Pension Week. Mrs. Br Lt.rtvvrow, notwithstanding the severity of her late indisposition, has sufFered no diminution either of her musical powers, or of her spirits ; we hope the latter will not prompt her to too great ex. ertions, which may again deprive the Public of the pleasure they must always receive from her tacats. Mrs. MATTOCKS, the Adress, teas so much—in disposed yesterday, that she was unable to appear in the Farce of The Intriguing Chambermaid. Instead of that Farce, therefore, the Entertainment was Selima and Azor. Poor Mr. WINDHAM has the misfortune of dif fering from almost every person upon every subjeci. The dressing, however, which Mr. SHRXIDAN gave him upon the sut)jet of the Militia, seem; to have made a deep impression upon that Gentleman, which we hope will be of some tilie to him. The Ex-Secretary at War is so partial to Foreign Corps, that he does not hesitate to employ any foreign weapons that present themselves, from a French Masque: clown to an American Tamchamak.. Mr. PARDON, who died on Monday last at his house in Blackman-street, Southwark, was a very worthy and respeaable man. This Gentleman's charaier, as a Solicitor, through life, was never sul lied by the breath of calumny, and he mAy truly be said to have held forth an example of what we trust is not so rare as the world 14,s generally supposed, viz. an honeit Lawyer. Last Tuesday the funeral of the celebrated Poet, KLOPSTOCK, was to take place:at Ham►burg!), with unusual solemnity. The body was to be interred by the side of his first wife, who died in 17 . 58. The Corps Diplomatique at Hamburgh, the Senate, all the learned and distinguished charatiers, were to attend the procession. Two hundred musicians were to perform some of KLorsroc►t's Airs. was the Mt LTON of Germany. The account of a Miss BunER, who was said to have been burnt to death at Cambridge, is to. tally without foundation. SURk Al' .4 Z LzB THtI , .tsDAT,.I4/1,1t , C11 Stid.:en Stilwell was indiaed for the wilful mur. der of Mary Ann, his wife, on the 28th of Septem, bet Imt., at Mortlake. John Ward deposed as follOws :—" I am a baker, -and live near Stilwell's house. On the 28th of Sep_ tember, about five o'clock, I got up .to work. I was distairbed with a noise, and I went to the gate. I heard a noise -in Stilwell's room. I heard his Voice. He keeps the jolly Gardeners, at Mortlake. He was saying, 'Come, get up, get up, your time is expired.' I stood a little time, and heard a scream. Mrs. Stilwell said, My. dear Stilwell don't murder me.' When I heard that, I went , to an opposite win. dow, where I knew a soldier lay, and called him up. In about ten minutes I saw the Prisoner come out of dOors at the front door ; but before I saw him I heard, a stamping on the floor of the Prisoner's room. Soon after I saw the prisoner run out of the front door. He run away, and I followed him. In about d mi flute . I came up. Knight,- a man I had called on, passing by, first laid hold of him. His hands and clothes were sprinkled with blood. We bound him with a cord, and I left him in custody 'of Benjamin Knight. On cross examination, the Witness said, that when he heard the stamping, he.also heard the Prisoner exclaiming, " that he had .gained his li berty;" and when he came out, he said, " D—n tJit house, set it on fire," (meaning his own house). Benjamin Knight deposed, " I was called by the list witness ; I was going by the house, and I xis. tenet] 'at the window ; I heard two or three groans, and I heard the Prisoner saying, that he had gained hit liberty.' I then went into the yard; and as there was a table under the window, I got upon it in order to look in at the window, and then 1 heard a person quit the room, and run down stairs. I immcdiatly went round, and saw Stilwell come out of the front door; his clothes were all bloody ; I and another man went up stairs and saw the deceased on the ground. The floor was over my shoes in blood, near the deceased's head. • I immediately ran down and pursued the Prisoner. Mr. Ward came to my assistance, and we overtook him. He struck me several times ; when we found him, he appeared collefted. He asked me to slack the cords, and not to hurt him." Charles - Barwood corroborated the evidence of the two last'Witnesses and added, that he saw the Prisoner and his wife ;bout eight or nine the pre ceding evening in- the bar, and they seemed very comfortable together. Eliz. Carter, servant of the Prisoner, had lived with him three weeks on the day of the murder : he appeared always sensible, but frequently said he would murder her. The Prisoner in defence only said, that he did not know what lie did ; his mind was very much dis tressed by her aggravating temper. Mr. Serjeant BesT, for the defence, called one witness of the name of Brown. He stated, that the week before the murder, he was with Stilwell in his garden. He did riot then seem to know what he waA about : he cut down his French beans, and pruned away all his rose trees. BroWn asked him to go and have a pint of porter with him, but Stil well laid he would not drink, and . he never wished to go into his own house again, for they all nude him miserable.... _ _ ...... Mr. Justice IIEATPI said, the only question for the Jury was, whether they could possibly infer in. , sanity,? for that •was the defence insinuated by .the l ast wi tn ess. It appeared to him that the Prisoner had worked himself up to a frenzy of passion, so as not to know what he was about ; but that was not insanity. Men must restrain the turbulence of their passions, or answer the consequences. It seemed that the galling yoke which had wrought him to the commission of this desperate deed, was the unhappi ness of domestic circumstances ; hut that was not insanity. Insanity was a bodily disease, and did not originate in ill-temper and passion. If therefore they found that the fad arose from a criminal indul gence of the passions, they must find him guilty. The Jury, without any hesitation, returned a Verdiet of Guilty. • _ _ The greater part of the Trial the Prisoner was perfectly calm ; but just as the Verdict was given, he became dreadfully agitated, and could scarcely be supported. The Learned Judge immediately passed sentence, observing, that the Prisoner was not in a condition to profit by admonition(from his agitation); he should therefore merely pronounce the sentence the law, which was, that be , should be hanged on Saturday next, ..nd afterwards be anatotnied. MURDER OF DULWICH HERMIT. Benjamin Crays and Arthur Borwers were in_ dided for the widul murder of Samuel Matthews, (commonly called the Dulwich Hermit), at Syden. ham, on the zgth of December last. Several Witnesses were examined on the part of the Crown ; but the Judge told the Jury, the evi. deuce was much too slight to take away the lives of two men, and advised them to acquit the Prisoners, which they did. CORN EXCIMNGE, Mnacii 25. Tuts morning there are but few arrivals of Grai n in general; Wheat • sells nearly at former prices ; Battey still in full plenty, not•having many buyers, and business dull, the few sales made .of this article, with Oats, 13ans,r and Pease, may be quoted at something less than our last; the Moth. trade heavy, and at prices unvaried. Wheat 44s a sti 3 bas oct Fine ditto - 6is a 63s 0,1 11;,:ley ett Malt - , 41s ;c 45 6il Itye -32 s a 3is White Pease ob. a Os act Beans -32. s a 36s oil Tick Beans -28 s 3 3is od Oats i3s t itis I9i Pokind ditto 2os a "AS oki Rape Seel - 311 a 341 Unto Flour - 450 a 49s od SNonddo 4n5 a 4js TH E TURF,---Ay a notification in the Gazette it appears that His Majesty's Plate of toogs. hi, therto run fir ;at Batiord, is transferred to Dan Caster. On Saturday Past, about - noon, a Brig was seen three miles ofF Dunbar, ovemiken with a squall, which hid her upon her beam ends. A 6econd squid succeeding, she irmnediately went down, Every Action o board must have pouished, IVk?.7 FOLk ASSIZE;. THETFORD, MARCH 22. BEFORE SIR HASH GROSE ANO A SPECIAL JURY, ASTLEY I BART. V. HARWOOD ) DEFAMATION. Mr. M'lNrosn opened the pleadings:--He said ; this was an action orought by Sir Jacob Ast ley, Bart. against W. D. Haewoed, Esq. and the Deehie ration Awed, that a short time before the speaking and publishing the false aed ecandalous word, therein Contained, the Plaintiff had served in afor. mer Parliament, as Knight of the Shire for the .County of N,Jl6lle, and at that time was a date for a seat, as such Knight of the Shire, in the present Parliament ; that the Defendant well know ing the premises, but contriving to injure the Plain tiff in the esteem of the Freeholders, and to cans; and procure him to be looked upon as a man of no integrity„ and as an assassin, and a murderer, did, on the 15th day of July last, publicly state, that the said Sir Jacob Astley was a Liar, an Assassin,. a Coward; a Scoundrel, and a Murderer, and that Ina had murdered his own Father—to the damage of the Plaintiff of to,oool.—The Defendant had plead. ed Not Guilty, and upon that issue wae joined.' • Mr. EIOKI NE —" Gentlemen of the Jury, I haee the honour to attend as Counsel, at the desire of Sir Jacob Astley, Bart. by your favour and indulgence one of the Representatives of this County. I attend to submit to your judgment and consideration an attack made on his honour and charader—an itojery at all times, and under. any circumstances, most grievous, but heightened greatly in the opinion and feeling of the Gentleman who applies fur peer ver. dia, inasmuch as this attack was made in the pub. lie face of the world, and at a time I when .le, was not present to enter on a vindication of himself. Above all, at a period when he was soliciting the suffrages of his fellow-subjects to represent them in the (..3reat Council of the Kingdom—a trust which, permit 'me to say, nothing short - of the most unsullied integrity ought to ask or receive from the judgment, wise dom, -or favour of the people of any part of the em. pire. The circumstances which go to the cons`ti. tution of this cause, are so perfedly notorious, that there is not a man, if my voice was loud enough to extend to the limits of the County, who would not be perfedly acquainted with tliem—consequentiy all the observations and refledions which I shall have to address to you, must have occurred to every per son present ; and it is for this reason, I feel myself under no small degree of embarrassment in perform ing the duty which is required of me. Gentlemen, notwithstanding the hot debates which have taken place at various periods in this land, on the subjed of the liberty of voting and speaking, with refer ence to public charaders, and subject; of a public nature, yet as regarding private slander, nothing has ever been brought into question. Lawyers, moralists, and all classes of mankind, have uniform. ly been agreed.—The reason is plain ; there is :an intincible sensibility in the mind of every human being, for the good opinion of his fellow -creature; it is a principle implanted in the breast of every in. dividual, for the most beneficial purposes; it fits him for social life; it ao strongly perVedes every department of life, that there is Ea, person, whatever may he his rank, birth, situation, talents, at quali fication, who is not aduated by it. Jr is the prin.. ciple which, operating on the human breast, is the parent of every social duty, ind awakens every sentiment that is great and good. If I were toaask you what, at the late awful and critical period of the Country, has stimulated our. brave Countrymen to deeds of splendid and glorious atchievemenr ? What is it, when the shrill spirit.stirring trumpet sounds to battle, urges mart against man, ermy against army, and navy against navy ?—What is it h as ma d e B r iti s h valour triumphant in every part of the world ?--What is it but that principle, the effeds of which I. have stated. Do you think a man sits . down to moralize upon the duty he shall perform to his country, by assisting in a well-fought battle ? —No : he considers only how, when he returns to his native home, he shall be received by his friends, and how his name will be resounded"from mouth to mouth; and 'the fame he shall have acquired, and the glory he shall have atchieved,. be celebrated ' among those whose esteem and good opinion he c 3 most anxious. If we look back to former tunes, we may find the truth of what I am stating exemplified, in the conduft of the Christian Niartyrs. When they felt the flames that were on the point of con. sunning them, it was not only the reward of an hen. venly crown they anticipated, but they looked for_ ward to the applause and admiration of after ages. In short, the love of reputation, aid the desire of a good name, is the foundation u' all public and pci. vate worth ; and it is therefore that the Law of this Country, ever attentive to the best interests olSo. ciety, gives an action to a man who receives are. proach fioni another, of that which if true May sub. jed him to punishment. It does this that Society may live in peace and tranquillity ; for it is in vain aenan is in the enjoyment of riches and the [exo t i cs of life, if it, consequence of his charader being dc_ stroyed, he cannot look hi s ne i g hb our itt tine 1,1t.c. These are the principles which owl t hi s , Cause—The facts I ought rather to re .r to,' donr . state--they are familiar to every one of you. With these preliminary observations I will, lea wever, now proceed to state the fads :—The Piaititiff and t he Defendant had been comp an i ons and f r i e nd s for 2; years—They lived together durieg the remoter pare of that period in habits of friendship, which or sanguinity , ilelf 4o endeared, as' the apontantous con. ought to be, habits of c on fid enc e. Th ere i s no can . sanguinity of ft iendship A man leek himself iwt in one of the common situations of life when he it with his friend, be feels he is with his brother. I do not speak of any obligatio6 which the Defeo& ant received froth the He was nor, I ad. mit, in a situation to require them ; but he're.. ceived hise• hospitality, -and every favour urged by friendship, which ought to have made att impres skin on his mind. Veit know that Sir Jacob Aso. ley represented the County in tot utter Parliaments, upon the advancement to the House of Peels of the worthy and honoutztbie Gentletnan whom Inc sue. ceeded. You know too, that Sir Edward Astley e the father- of the present Plaintiff, recently died, and that previous to his death he had, in conee. quence of expences he was led into,. freqeently, been under difittlitics, but at no time had those difficut.