The Sun. — London, England, 1803-02-04 00:00:00

r*i. 0.• ..Osislia, t o Aski, Envoy Extraordinary and , Minister' Plenipotentiary to His Royal Highness • the Panics RtOttrr of Poi....rtroAt, was pre sented on Sunday to the Futsi Cotsiit. by the Minister for Foreign Affairs. He received his Audience of Leave, in order to return to his post: The FIAST Comutt, specially recommended to him to employ himself in doing justice to, anti proteCting the French Coninterce at Lisbon, is he • had already begun to do in the first year of his mission. He particularly informed him, that he Was satisfied wi t h t h e se r v i ce s w hi c h h e , had hither- • to rendered in that residence. On Monday last the FIRST CONSUL returned to Path rot the winter. overnment has laid a duty-of about 3d. a pound ~,Sal Ammoniac imported into France, with the exception of such as it imported from Egypt in 'French Vessels; which is only to pay One-third of that duty. The City of Roitli is Made an entrepot for Foreign Vlerchandize imported. NAPLES, JAN 22.--They write from A/j.cri, wider date of the ph inst. that the Regency had *dared War against Denmark. It had ordered the ' tonsul Of the KtNo of DEttttAxx to embark within . three days, and even threatened to make use of the last extremities towards him; Citiien'buuoti THAttivitie, Charge:.d'.Af. flares of the French Republic, having received s-pe . 4al orders frOm the First Consul, to proteft all friendly Powers against the injustice and violence Of the Pirates, infkirriled the DIY, that the First Cun. bul would learn with grief; a condat so irregular Against a Power which had not afforded any subjett tit codiplainti and, which, ein the contratio; had re. tent!), paid very considerable tributes. This Mediation of France appeared highly todii igease the bit, Who even threatened to send' away ihe French Agent in the sate Manner as the Relate_ . Tentative of Dentriatk. 'the affair,. however; ap. Imtars to be Settled: The Danish Agent , remains; and it is thought illarfor this tittfe the Regency will not persist in declaring War against Denmark. HAotia, J. i7O-=.The Legislative Body has iantlioned. the Law proposed by the Government, for laying an increised Duty of to per cent. upon Wine; titer, Butter; Distilled Waters, Tobacco; Vinegar; Mineral Waters, Salt; Soap, Cattle, and Carriages; The prodUce of these Taxes is' to be applied to the Payment of ' the New Loans which • Ilmotinta to i,400 ) 006 florins. tiptairt . C,,iartr to, it is said, did not appear bit CoventZarden Stage merely to gratity a thra iiikatewhim, but has seriously lesotvcd to debate blinselt to the theatrical pr.fession, if the Public sithuld appeat disposed to countenance his endea- YOfirs; . , l'EgMa Ls has seen enough of the theatrical merits of Spain, and will very soots return to this Couniry. Wirocsi Made his first appeatance last week at Salisbury, in the charaaer of Hamlet, arid though oppressed by a scold, acquitted hiMself so ably, that be was receiVed with the watrisest applause: He is engaged for three nights, exclusive of his Benefit, and was in chew the variety of his talents in Mother Cole Sh .. )slock, Charles Surface, Douglas, and Young Philpot, as well as Hamlets Physic, Law, the Navy, the Atmy, and the Church, have lately supplied Candidates for Thes. pian Honours, as we find in Dr. Mousy, Mr. TusiNsa, Capt. PBARON, Capt. CAuLPIELn, and Mr. CAstLes.. These theatrical enterprizes are a fMain proof that all the illibe ra l pr e j u di ces w hi c h ormerly prevailed against the" Stage, are nos' at an end, and that Actors now rank in equal estimation With other 'Artists. Captain BERING, in his account of Kamschatka, says, that when the inhabitants of these frozen re. gions assemble at one of their plays or revels (for, they have" dramatic amusements in that cour. try), the first part of chi entertainment is con dueled hr this manner : two lusty fellows seize the spenittors individually in their turn, whilst a third crams him or her with fish and train oil. An erroneous statement has lately appeared in the Papers, respeaing the Batavian General DA. NOELS. He was born and brought up'at Zwol, to the profession of the law, and was, for several Years, an Attorney there, until the troubles of 1787 broke out in Holland, in which he took a very ac. tivc share in the Patriotic, or Anti.Orangist party, by levying a regiment of hussars, and other deeds, to!. , numerous to relate ; in , consequence of whichhe was obliged to emigrate to France, when the Prus. sians entered the country, to restore the Prince of ORANCIE and the old system of Government, which had nearly been totally subverted in Holland. On arrival in France, with a number of his com patriots, they were formed into a Corps called the liata v ion Legton, in which he , was an Officer, and ruse gra L lually in rank, until the French, under Pr. ctiloatr, gonquered ,Holland, in 1795, at which time he was a General of Division, equally with the present Admiral DOViN-rea. The Dutch Go. vernment, to avoid creating a jealousy between two such men, gave DAENDELS the Command in Chief 01 the Army, and DE WINTER that of the Navy. The charatter of DnartvELs has the, merit of con. si 6 fericy. There is no doubt but that he was obliged •to relinquish his tommand iron) an Imperial Con. ,ar mandate, whose influendt he thwarted with all lu might. ±, F$ n. 3. CITY PitiViLEGig !Were Dram, a Fellowship Porter, summoned a Mr. Clenients before the Right Hon. the Loan MAYOR, to answer to. a charge for having, at M. ferent tinier; landed turnips within the distriEt of the City of London, without paying to the fellow. ship Porters the dues they conceived themselves el.. titled to for the same, secured to them by a specific Ad for that purpose. Mr. Clements stated that he was Only an Agent in the affair. Mr. Rhodes, an eminent Cow-keeper at HoxtOn, said, that he had, for some time past; been in the habit of receiving•turnips, brought to London by barges from the country, and when he had notice of their arrival, he employed what men he thought proper to measure and land them, and did nor con ceive that this article, which was meant only for feed for cattle; could . come under the description of - Fruit the Measure ment and landing of which only belonged to the Fellowship Porters. Mr. Rhodes en. deavoured to press upon his Lordship, that to be subjea to pay for turnips the same as for potatoes, or other vegetables intended for the consumption of mankind, would be tantamount to an exclusion. The Farmer who reared the turnivi, gave evi dence to shew, that he had sent many thousand tons to Londdn in barges, hitt never knew that the mea surement or landing was under the controul of the Fellowship Porters. A case was mentioned, wherein Mr. Rhodes 's Father was summoned on d similar affair ; but which 41 to the ground.. His Lordship took occasion to read the Aft which assigni the Privileges in question to the Fellowship Porters, and instanced many atticlei which came under their eontroul. Turnips was not inserted,but it was his Lotdihip's opinion they came under the gene ral description of " fruit," and added, that he could not suffer the distinftion to be made between an article intended for ,he human species and tattle, as- the par ties,, in that case, would be liable to daily imposi tions. Mr, Powis, Priocipat Meter to the Fellowship Porters, stated; that turnipS were certainly an article subjed. to the measurement of the Fellowship Por ters, had been frequently aded upon as such, and as it had batty been objeded to by Mr. Rhodes, they were resolved to try the question. Mr. Rhodes was not satisfied with the opinion given by his Lordship, arid said, if he Pail no ob. jet ion; he would refer the point in dispute to the jurisdiftion of a superior Court: His Lordship said he was certainly at liberty td do so, and that the City Solicitor should have notice to defend the City Privileges.: COfiN EXCHANGE, FEE. 4. FURTHER Importations of Most sorts of Grain are very considerable ; Wheat sells readily at nearly last day's prices ; the large supply of B,►rley tie duces this article as well as Malt ; Pease and Beans of both sorts arriving in great plenty; sell something less ; at Oats there is a good jUpply, and they rather appear declining ; Flour not yet lower. Wheat . 46$ a . 52S a 57s od finF 58s' a -6os od Nrley 23s A 3.7 s 6d Malt - - 4os.a Acs 6d Rye . 355• a 38s od %%tithe Pease 35s 3 323 od Bents 32s a 36s od Tick Beans = ags a 32s al Oats. - ISS a. as 22S Poland ditto 233 a 243 ctl Rape Seed - -30 l a 34 1 . Fine Flout - a 49$ at Second do - a 455 Respeeling thy: dreadful fire which took place on Wednesday night at Mr. Hams Lroces Printing: Office, whereby the whole premises were destroy ed, nothing has Since transpired to discover by what means the unfortunate affair originated. It has been stated, that a boy belonging to the Print ing-Ofilee set some straw do fire while. feeding a dog. the youth suspe&ecl of the crime, or rather the negli4ence, was lodged in the Compter all Wed. nesday night, and was yesterday taken before the Sitting Magistrate. at Guildhall, for the purpose of undergoing an examination, but which was not entered into, in consequence of the nonattendance of his Master, whose perturbed state of mind throughout the whole day, rendered him unfit to attend the investigation. The hearing, therefore, stands over till this day., It is much to be re gretted, that by this calamitous fire not fewer than sixty persons are thrown out of employment, many of whom have large families. Several engines con. tinued all yesterday to play upon the ruins; which still harboured a, 'great deal of fire, to prevent the possibility 'of its being renewed so as to' erred fur ther mischief. It is exceedingly distressing to wit. tress the quantity of paper that is now laying among the ruins, spoiled and unfit for use. The quantity entirely destroyed is very great ; a Bookseller in Paternoster-row had sent in paper to complete some Works, worth some thousand pounds. A very valuable work, just finished, would have been sent to the Binder's yesterday morning, had not the me. lancholy affair taken place. The agreement for the binding alone, was made for two hundred and fifty pounds. BOW.STRRET.—Yesterday an elderly woman, of the name of Calvert, cook and housekeeper to Mi. 'froward, of Norfolk -street, was charged by that Gentleman with wilfully doing damage to some very handsome furniture in his house. The Prisoner, who had lived only five weeks in Mr. Troward's family, had given such repeated cause of dissatisfaction, that she received warning to quit ; in revenge for winch, she, with some instrument, made several holes in two of the cushions of the drawing room chairs, cut two large holes in the carpet of the dining-parlour, and mangled the stair carpetting of one flight of stairs in the same manner; the furniture being quite new, the damage is estimated at upwards of thirty pounds. The Prisoner admitted the whole of the charge, and in excuse for it, pretended she was aauated by passion, but that she was willing to make good the damage. The Magistrate lamented exceedingly, that it was not an offence cognizable before him, though perhaps it might be inditiable. Mr. Troward consented to drop all further proceed ings, if the Prisoner would replace the darnaged things with new ones, which she readily agreed to, and lodged 221. as a security for pertininii.g the same. LAW REPORT. GUILDHALL, LONDON, Fla. 2 SiTTINOSSZ!ORE LORD FIAttiSOROUGH &ND R srICIAL, JUAY OF MEkCILAITS. ROBERTSON AND ANOTHER (v. tREFCH. In consequence of the Rule being made .absolute for a new trial in this case, it cam , : on to.day, and lasted eight hourq, so that it will be impOssible to give any thingniuke than a very general description of it. . • • . . .According to Mr. ERSK I NE's opening, the Plain. tiffs, Messrs. Robertson and Thompson, who are Merchants in this City, aEling as 'agents for a house of trade at the Cape of Good Hope, for Wal ket and Co. and some persons who, were interested, effeaed the ,Policy, in question. The house at the Cape having a large assortment of goods by them, the manufactures of this country, for which there was dot a favourable market there, purchased the ship Chesterfield, and loaded het with those goods, for the purpose of carrying them to the best market. They proposed that those goods should be sent to the north-west coast Of Africa, and if they could not be disposed of there, that they should be carried to . the coast of Brazil, in South America, and then, that the Chesterfield should return, with a. home. cargo, if she could purchase one, to the Cape of Good. Hope : for that purprise they wrote to Messri. Robertson and French to effet a policy. There was first a policy for time to continue for six months, insuring her from the Cape of Good Hope to the north-west coast of Africa, from thence to the coast of Brazil; and back again ,to the Cape of Good Hope: They found afterwards, that it was not likely that this adventure would be finished within the time limited by this policy, and as they wished at no time to be uncovered, they effected the policy on which this action is bropght ; and the material parts of which are these :—Robertson and French; as-Agents for the hptise at the Cape, caused themselves to be insured; '' lost or not lost, at and from all, any, or every port and place, where and Whatsoever, on the coast of Brazil, aftei the 17th of September, to the Cape 6f Good Hope, upon any kind of goods and merchandizes ; and also upon the , body, tackle, apparel, ordnance; muni. tion, artillery, boats and other furniture, of and in the good ship or vessel called the Chesterfield (with or without, letteri of marque), whereof is Master, undet,God, for this present voyage, Mr. F. Brooks, beginning the iidventitre on the said goods from the loadihg thereof on board the said ship, at all; any, or every putt and place, where ,and whatsoever, on the coast of Brazil, and from the 17th day of SepterOber, ;800; and upon the said ship, &c. in the same Mariner, with liberty to sail, touch, and stay at any ports or places whatsoever, particularly backwards or forwards, and to and from those under the Portuguese Government, or any port; place, island, or elsewhere, on the coast of South Ainerica, without being deemed ariy deviation, and:withOut prejudice to thiS insurance ; and in case of capture, detention, or seizure by any Power Whatsoaier, to Day a total loss, upon receiving documents of-her being carried into port; and Without inquiry into the regularity or irregularity of her proceedings; an d; with liberty to sell, barter, :achange, load, or unload, the interest, in part or the whole, at the island of Sr. Catharine, or elsewhere, where arid whatsoever, at and after the rate of four guineas . per cent. to return three pounds ten shillings per cent. should the ship have arrived, or this risk otherwise have ceased, On or before .the 17th of September, 800 on goods; valued at 53,3161. , on-ship, ,valued at I,sNeol.—and on freight, valued • at 841." This ship sailed on the oiltward. voyage from the Cape, and arrived at a port in The north. west of Africa, where she disposed of the whole of her Cargo to a person of the..narde of Nunez ; but the Captain agreed to carry the cargo to the island of st. Catharine.' After they had remained there for a considerable time, expeaing Mr.' Nunez to come, and to take these goods, agreeably to his contraa, he never made his appearance. After staying at that place longer than the time agreed upon, they con sidered themselves as absolved from the performance of their contract, and proceeded to Rio Janeiro. They there entered into a fresh contract with a Por. tuguese merchant, who lived there, of the name of Pedro Antonio Alvarez, for the whole of :his car go. But, by the laws of that place, if they had landed the cargo it' would have subjeaed both ship and cargo to confiscation ; and therefore it 'was agreed that this cargo should be delivered to Alvarez on the high sea, in south latitude 36, and in four fathoms water. For that purpose he was to send two • ships to receive it ; and in order that these ships and the Chesterfield might know one another, the Supercargo of the Chesterfield, Mr. Mortlock, and Don Alvarez,. invented signals, which the ships were to hoist. The Chesterfield set out to the place appointed, and at a short distance from that place she was captured by the.Honourable Capt. El. phinsione (now Capt. Fleming), of His Majesty's ship the Diomede, as an illegal trader. Capt. MONTI, stone the evening before, • had captured a Spanbili brig, and found on board a paper of signals, a du. plicate of which he found on board the Chesterfield ; and he also' found these two vessels had colours hoisted in conformity to these signals, and there. fore he captured her, and carried her to the Cape of Good Hope. She and the cargo were libelled in the Vice Admiralty Court at the Cape, and the property was ordered to be restored. But the Court there thought there was such a strong and reason. able cause for seizure, that the captors were paid their costs. • There- Was an appeal ,now.depending upon the judgment 'of that Court, before the Lords Cominissioners at the Cockpit, and as Mr. Erskine observed, brit fur that appearthere could be no question in this instance. If the Gentlemen of the Jury found a verdiet.for the Plaintiffs, the Under.. Writers would have this property as salvage v pro.: vided the Lords Commissioners • Should aflirtii the judgment, of the Vice Admiralty Court the Cape. From the appearances that presented themselves to Captain Fleming, • he admitted that his condun in seizing the ship was completely justified, and that he could not h.sve aEted otherwise. But the goes. tion which the Gentlemen of the jury- had to de.. cide was, not whether Captain Fleming hadl a rea. sonable cause for detaining the Chesterfield, but whether, in fad, the Chesterfield had violated the Lan,"s of tilts Co;tiiry;.bY an enemy- :A number of witnesses were Called on ;ha Part of Air P ; laintiffi, the most material Of which wherQ Captain Brooks. and .Mr, Mortlock, the SupereargO on board They detailed all the particulars ofithis'voyag,e.-- The lionSe at ,the Cape entrusr:d the .whole of -thii aditenture,to them, and consequently were diound by ,their ads. They swore, in, the, solemn mintier, that this was a Etir 6 ,i,, , ( . 7i‘Vead veto I:re, at 4 that they had no intention whatever to violate tho laws of this country, by trading with the Sp4niard3 in South Americli, with whom we were the at war. They said tliat Alvarez had deceived them,-by Nen:l ing a Spanish brig to jake : the cargo un board, in. s teadof one or ti.voi'ortUgue4e ve":;sela ‘v high Alvarez, the purchaser ofthe 'cargo, had agreed to send. They never saw the Spanish Brig till after ,silt had beep captured by Captain Flemtng. But if she had cotne: up_ with them, .they would not have delivered tht? cargo, but have captured her, and the 152,000 dal-_ tars, the_ price of the cargo. Mr. GIB to wati.jeading Connsti far . the Defend ant, and trusted hi should have no.diffieutty in sa. tisfying the Jury that the whole Of this was an ille gal adventure; that the sole motive for the Chester,_, field, sailing to the latitude. 01,0 degrees South, wai to enable Alvarez; the purchaser, to - import th6e goods into Spain ; ar:d if so;. the traflick was illegal; as it was contrary to thelaw of this country to treat with an enemy : and if the trade was illegal,,a To licy instiring ,that trade was also illegal. The in sured had no reason to complain.of the Underwriters in this case, because the, loSs had been occasioned solely b'y the ads of their own Agents. The two i)rinciOal Witnesses called on the, part of the Defendant, were Capt. Fleming, and his tint Officer, Liciit. Guion The Captain stated, that the ground of his seiz ing the Chesterfield, was ti )11: his having found a paper of, signals, an board a Spanish B rig, which he , captured, and findi!)g cxally the same signals on board the Chesterfield; from that he concluded there must, have been a COtrininnication and privity be tween them, and that for the purpose of carrying on an illicit commerce. The Chesterfield was capful ed considerably more than rOo'rniUl up the River Dc la Plata, Which is,. skirted on each side .by the Spanish Doniinions, arid three or four degrees farther South thin any of the Portuguese,Settlements. After an eloquent reply fre:m Eautt NE, Lord ELL'eNricißoucti stated to the Jury; thit the main question of 661, for their consideration in this Case, was; whether the insured or their agetitSi, who had the donduft of this ship, did intenl ro in t. port into S 4 pajn this cargo, br to assist Alvar4z through the" media of these ships, or in any other manner to import this cargo into an enatny "s court_ try No donbt , that all conitnettc with al em.nry ‘,is illegal, except in ;is far as it might be legici. mated by His 1\ 1 1a',;;.s1) 's licence. It , v,is cOn. tended that any thing of , that sort ha.l ta';r.ri place in this Case ; and therefore; the n;:tre tp. , c,,Tion tit fad was, Whether from all the cuct:ql3tiirA:c. o f [ hi e 'case, the Agents who this ship' Intended an importation into thefx , goods, and they' in this case were responble for the conduft of their reptesentatives on board ? Whether there was on their part a d . ecided intention' to import these goods into Spain, or to asbist Alva. rep,' throtigh the media of these ships so to do If so, it was perfeeily illegal. Rut if their intention was only to sell diem to this Portuguese merchant, that was legal. His Lordship said that most depend on the whole of the evidence, as it made out the one of these propositions or the other. His Lard. ship summed up the whole of the evidence with great precision, and applied the most material parts of it to this question. The jury immediately found a Verdict for the Plaintiffs. • Mr. Gxuss, Counsel for the Defendant, said he should move the Court on some points of Law in this Case. THURSDAY, VER. 3. THE KING V. RICE, ESQ• THIS was an information filed against the D. fenddnt, on which he had suffered Judgment to pass by default, and he now came into Court for the purpose of receiving sentence, tar having sent seve. ral letters to Thonach Francis'Freemantle, Elq. with intention to provoke him to fight a duel. The Prosecutor, Capt.Freemantle, was the Captain of His Majesty's ship the Ganges. The Defendant was the First Lieutenant of the same ship. A mis.. understanding arose between these two gallant Officers, the detail of which we shall pass' over, conctovin2; that to be the proper comic after the turn which the matter took upon a full hearing of the... Affidavits ; the Court having. referred the ease to the consideration of another Honourable ri, burial. it appeared, however, among other roar.. ters, that since thi3 criminal information issued, the Defendant had improperly addresied the Pro secutor in the street upon the subjea of this- Pro_ secution, on Which the Captain retired, 'not chasing to submit to an alttreation before i! crowd, which was colleting, &c, Nbthing appeired the whole case to refleet - on the moral eaaratler of either of these Honourable Officers. The whole ca :e gone through, Lord ELL eNaoitouGn asked, if was not carried on by the Admiralty ? Mr..)Aßvls answered in the affirmative. His Lordship said, the Court wished 4, , Admiralty, and the Noble Lord ar the le;eCt td that. Hoard, might 'read the Affidavits prodneed this day- in Court on behalf of the Oefendatit, and havin,,, considered the whole matte r , that Honourable floar'd would exerci,,e its discretion, w hether-the-Defend. ant should be brought up or not btollght 1 .1 1 aim a future day. The Court wished nothing Luther to be said on the subjeet- for the present. Iliete were, however, some circumstanees which had tu:- cutred since the information was granted, that the Court could not look to With any indulgence, and if anything of that kind took place again, the Court would adv , „: to it with severity. The Court ex., petted the Defendant to 'attend to this, and admo. nished him to follow the advice oihis Counsel, Mr. EasKlNE.—[lt adverted to what the Defendant , said to the froecutor in the street slime the In. " s' I 1 1