The Sun. — London, England, 1804-02-14 00:00:00

f 1 a n U rile!, but the ELECTORS of WiTRTEM;ade 4 N I B ADEN have m ple application s on t h e sa m . ' n hjed to the F renc h G overnment and the Court of St. Petershurgh, as Guaranteeing Powers of the 4 Ystc m of the E mp i te. new ITALY JAN. I2.—The Legislative Body of the Republic of the Seven Islands at Corfu, has resolved that a Statue of the EMPEROR of RUSSIA, executed - i n ma r bl e b y the celebrated CAD:ova, shall be er 'fted i n t h e i r Hall of Assembly, in token of their, gratitude to His Imperial Majesty. ', I AN. 1 ,, R°14 ' J 9.—The Fre nc h T roops i n . Idorn o f N a pl es st ill continue perfea inaaive ; ly the and thereport of a projeaed Expedition from thence to Malta, or the M orea, have hitherto received no : °nfir nlation f rom events. In the course of last Sum mer it is certain the Porte entertained fears of an attack on the Morea, on the part of the French ; but the Fleet of the Captain Pasha has now almost i entirely left h ave those s eas , and the alarm appears to subsided. So me day s s i nce, Luc lEN BOI4APART, the • Brot her of the First Consul, arrived here ;Licog'ill°. He first went to his Sister, the Princess BoßottEsE, where he was made to wait some time in the anti, etvattr-, not naving arinouneed himself by his real idiarne. At lengtly, he sod:- impatient of the delay, enly entered his sisters .., epartment, and surprized her in the Wrest agreeable He ' remained manner. only one day in agreeable and then proceeded to Na ples. It is not know n It.i • • 'i • busi vv letiier nts j-)urney has !ICS of any kind. or merely pleasure, for its ohjeft. E AmsTE"Am, JAN. 28. ---Tile following is an xtr a ft „ fa L .,. , . . N ithstand. letter fr om Calais--- , otw ing the extraor e E dina r y exertions that have been made, xpedition a th e gai nst E ngland can scarcdy be ex. ad to take place befor e the end of March, so much time ~ will be required to assemble the Armed essels,,p 'd T ranspor ts l - u ogne, and increase sail." n at th e National Pluiil Bo la t h ere to the number of 1500 • A considerable promotion . has been made i n , our Mari ne : among, others, Cap t . B Lors Da T . an s has been appoint e d a Rear-At:Min Lonc.:l. • ' ' In consequence of an epidemical me rara, all s hi ps coming fro m sic kness at De thence are ordered to perf orm quarantine. ' -. A Copy of the Regulation relative has to the m a i n _ to a ll th ten been sent ance of 1 8, 000 French Troop s in our Republi c , ati• i e Ma g i strates for their nfor mon, ant i all Soldier s d e mands of the Fr enc h Officers and which are not authorized b lion, w i ll be refused. y thi s regula . . RAGLI a) JAN. 28.—N s fav ourable otwithdridin st. ". the un along . our , w eather, vessel! still continue' to pass Canals, and ' ' " field convey provisions and necessaries to the -Flotilla at Flushing board of s.vb;cll a - --' on . great number °f chosen T will be ra Troops - dually embarked. that the Expedition It d oes not appear, h owever, pe6led, will sail so soon as was ex. VERDUN, JAN. to.—. to ners her e Some o f the English Pri. have now received permission Withoutto walk The the Town dur:n g some hours in the day. report that Sir JAMES CRAUFURD is de. tained at Valenciennes, as a hostage for the French General BoyEtt, appears to be unfounded. He is not in a-coilditiOn to bridertdk e a 'journey, though the titarn of his health is not worse than it has been for sortie time. The t return of th e warm weather rla Y be expe ed completely to restore him. TH E second reatli--"'"---- ng of the 'Volunteer Bill was yesterday postponed till id F rly mated next. Mr. WIL BERFORCE intis in tention • bring course ing forward the hi of sohjea. of tile course of t h e present Session. Slave Trade, i n the again bri -.......-...---__ Yesterday the Doi( Es of CutlnEar.A!rn and CAMBRIDGE breakfas'ted and dined with THEIR A4AJEsTIEs. The DUKE of YORK visited the PR Ncssfs. .1% toe evening am PIR IVIAJ asTi E s had a C;oncett. On Sunday evening His Royal Highness the PRINCE of WALES arrived at Carlton Hous e : his Highness is much betier, but, w e are sorry to say, not peticaly recovered. 'His MAJEsTy has 1:::T en pleas e d to order an Altar_PieCe for the Private-Ch:Tel at Kew Palace. The subjea is to be The Asc ENSIG N OF OUR SAVIOUR. Mr. TRESHAM has been seleEled by His MAJEsTY for the execution of this work. Earl FITZWILLIAm left tow n on Friday for Pe terhorongh. General MyEks is ar Paring succeed to t take his departure for t h e W est Indies, he late Gener a l G A NIF I ELL). .W e understand that Mr. Lthoo who went over to Paris•some tim e ag o to recove r . a large sum of money, upwards we believe of i 30,0001. sterlin g ', advanced to the French Troop s in St. Domingo upon Bills drawn upon the French Government, has been- fortunate enough to succeed perit:Ctly, the money having been remitted here, but we under - stand that Mr. LINDo himself has not been heard of for the last two months. ink to &glad H e is p ro b a bl y return _ nby the c i rcu i tous route of Germany. General List eral an arrived at Oxford on FrY ,on his way to th e p l ace he is suffered t o proc ee d to, on his parole. PORTSMOUTH, Frß. 3.—Sailed the Zephyr, GREEN, for Lisbon ; Charlotte Wilbelrnina, WiEcK.Rts, for Virginia ; and Lovely Cruizer, JOHNSON, for Derntrara. Sailed the /s;s, of so gons, with a Fleet und , :r Convoy for the East Indies. • Arrived—the Dove, Tames Henning, Nancy, johnjohn- ston, Sincerity, joint Cook, Prince of Wales, Giilingham, Delight, Sivier, Caroline, Garland, Success, Waller, Har- mono, Watson, Louisa, King, London, Rivens, and Cum berland, Hall, from London ; Friendship, Wright, Jane, Fast, and Good Intent, Crobey, from Deptford. YARMOUTH, FEB. 13.—The Enter:pr;ze, ()land for Ipswich, JoHN HILL master, with coals from. Sunderland, got on shore off LoWestoft Crew saved, but it is feared the Ship will be lost. The Friends Increase, BURCROFT master, with barley, from Blakeney to Dublin, got on Horsey Beach. Crew saved. A Ship in ballast 'is on shore off Scratly Cliffs, bound from Guernsey to Sunderland. The Argo,• of and from Sunderland, with coals, JAMES SIBBET master, came on shore at twelve o'clock amidst an immense concourse of people her Crew, consisting of 13 persons, experienced a melancholy fate: almost as soon as the vessel touched the S.)uth Ham, a sand near Golston, she went into a thousand pieces. Six of the Crew (three of whom were clearly perceived to adhere to the main:. mast), were washed to sea and seen no more ; the remaining seven gained the shore, where the master and another breathed their last. The mate only and four young men are the survivors. The Brothers, of Whitby, GIBBET, from Dant zic to London, also got on shore in the South Ham. Crew saved. The Adecna, of Blakeney, JARY, from sunder. Land with coals, got on Yarmouth Beach. Crew saved. A Portuguese Schooner, laden with coals, is pn shore between .Corton and this place. • Friday the Hero, of 74 guns, the Hon. Capt. GARDNER, sailed fiom the Roads, to join Admiral TuoaNtoßoucx, off the Texel, cceasioned, .as report says, by ;he Dutch Fleet being ont, or about to venture out. Various are the idle conjeaures. Some venture to affirm the Repulse, one of our Squa dron, being separated from the Fleet, fell in with some Dutch Ships, and got severely handled; but these opinions are, I believe, without the least foundation, influenced chiefly by the promptness With which Admiral RUSSELL shifted his Flag"' from the Hero to the Orestes Sloop of War, Capt.* . ' BROWN, it being conceived necessity must urge the sacrifice of this veteran Officer's comfort, by taking so small a Ship, as he constantly resides on hoard, blending with the zealous and indefatigable Officer, the urbanity of an accomplished Gentleman. The Orestes, returned from a long Cruize in the North Sea the evening of the 'cub, has sustained some damage, having been on shore for thirty two hours, striking hard upon some rocks on the Coast of Sweden ; but by the uncomn.on and arduous exertions of Captain BROWN, his Offi cers and Crew, starting all their weer,. &c. she got off. The occasion of her taking ground was the accidental obscurity of the Koll Light near Elsineur, and her preservation considered next to a miracle. The Penelope, Capt. BROUGHTON, arrived in the Roach this afternoon,. which, with the Orestes,--.is the only Vessel of War here. . Much fear is entertained for the safety of the York, of 64. guns, Capt. MITFORD, which ship has not been heard of since the -26th December last, when she parted with the Squadron off the Texel : the only hope for her safety is, that she has sus. tained damage, and perhaps put into some Port in Norway to refit. HARWICH, FEB. 13.- yesterday arrived the Post-office Packet Diana, with the Mail from Got tenhurgh. This evening arrived from Heligoland, the Dor. set, Captain HAMILTON, with the Mails and PAS- sengers. Remains here the Prince of !Vales Post-office Ricker, Capt. HEARN, for Gotrenburgh wind-bound ; Prince of !Vales, Capt. A. DEANE, the Auckland, Capt. HAMMOND, the Beaver and Repulse Revenue Cutters, and the Escort and Hecate Gun-brigs. SHEERNESS, FEB. 13.—Arrived from a Cruize in the North Sea, the Carysfort, of z 8 guns, Capt. FANSHAW. This day the Ch one Frigate, Capt. CHARLES ADAM, was taken into dock, to repair the damages she sustained in the late gales off the Coastpf liand. Yesterday evening a Man of War's Cutter, k endeavouring to go from the Harbour to the Great Nore, upset at the back of the Garrison, and, me lancholy to relate, all the crew perished. DEAL, FEB. 13.—Arrived the American Ship New-York, Capt. GROSE, of Petersburgh, bound to Diepi e, blown past her Port. tv the Commissioners fir exCcuting : the 6:iice of Load High Admiral if th:f. United Kingdom of :Treat Britilin and Ireland, Whereas Captain WM. JOHN MADDEN, as judge Advocate, hath laid before us the Minutes and. Sen tence of a General &wrt Martial held at the Royal Marine Barrack.; at Portsrbouth, on the z.l instant, in pursuance of Our Warrant, dated the 201 of last month, for the Trial of Captain-LieureF.ant NEVILLE NORCOTE D'ESTEREE, of tiiC RoyJ Marines, upon Charges exhibited agailtt him by General ELLIOTT, as follows, viz. First, For confining and ill-treating the Sutler the Mess, Serjeant THOMAS TART, and Contrary - to she est:plished rule of the Mess made by the Officers for dais protedion ; and, secondly, for disobedience: - of orders anci authority, in ob jetting to the investigation of his, Captaili Lieutenant ioa N NEVILLE NORCOTT DirT ERR E'S condtte,- by .Lieut.- Col. ROBERT WINTER ; sitting-as President o& a Court ot -. In.- quiry, which was a violation of subordination and military discipline; and whereas it appears by the said Sentence, that the Court is of opinion that the 'Prisoner was fully jus.: tided in confining Serjeant TART, for his insolence and con temptuous behaviour to him ; and that it appears the Charge of his ill treating Serjeant TART is net proved. - That on the Second Charge, the Court is of opinion that the Prisoner had a right, for the reason he assigned, to object to Lieutenant- Colonel ROBERT WINTER sitting as President of the Court of Inquiry; .and as he did not finally objed to the Court in vestigating his conduct, do not think hint guilty of a breach of the Commanding Officer's orders ; or a Violation of sub ordination and military discipline.—The Court do therefore honourably acquit the Prisoner of both Charges. .And whereas we have taken the same into our consideration : • we 'do hereby signify -to you' our approval thereof. Given under 'our hands the 'ssth day of February, 5804.. PHILIP STEPHENS. THOMAS TROWBRIDGE. H. NEALE. To Major-General ELLIOTT, Commanding the Royal Marines, Portsmouth, • By Command of their Lordships, WM. MARSDEN. ABSTRACT FROM THE MINUTES OF THE TRIAL. Serjeant Tart, the Sutler, swore on his oath, that Capt. D'ESTERRE abused him a good deal by re peatedly damning him in the Coffee-roor Lieu tenants FURBER, ROBYNI, COLE, DEFFERD, and Prprs, in their evidence, have proved that Cap. fain D'ESTERRE did not even once damn or abuse Serjeant TART in any manner whatever. These Officers have also sworn, that they were at the time astonished at Capt. D'ESTERRE'S forbearance and coolness towards S'rjeant TART'S insolence and con tempt. We have received some further accounts, from a quarter of high authority, of the Proclamation which appeared in our Paper last week, ptirpOrting to be a Proclamation intended, for circulation in the FrenCh Army upon their embarking on the Expedition against this Country. We were induced to express our doubts of the authenticity of that Proclamation, from the suspicious channel through which it was first given to the Pithlic here, but we are now satis fied that it is perfeetly genuine,. and we can confi dently say that it was published by authority in France. From Ilmsterdam private information is received, that throws great light on the disposition of the Dutch. Army, and their present preparations. The Dutch Minister of War, fearing. that whatever Batavian troops should accompany the grand Expedition, would, from disaffeft►on to the cause, suffer themselves• to be taken Prisoners without much resistance, as soon as -they had landed in England, published a very strong Proclamation. to the Army, declaring that the Ra_ tavian Government would consider all those Officers or Privates, who should suffer themselves to he taken Prisoners in England, as having forfeited all their rights as Batavia!) Citizens, and all claims upon the Republic as Soldiers ; and that they should not be entitled to any pay, or indemnity for losses, nor their wives and families to any relief from the Go vernment. In consequence of this Proclamatibn, there was a General Meeting of the Officers of the Garrison of Amsterdam, at which Meeting was present, among others, Captain RIGAUD, Aid du-Camp to General DumorccEAtr, who has suc ceeded DAENDALS in the Chief Command of the Dutch Army. At this meeting the Officers unani mously agreed ouitwo Reiolutions, which were im mediately forwarded to General Dont NCEAU, and from him to the Minister of War at the Hague.— The first Resolution was, that they would all send in their resignations, unless this Proclamation was with drawn. Secondly, to convince the world that this resignation did not proceed from the fear of any dan ger attending the Expedition, they should, in case they were obliged to resign, offer themselve to at. tend the Expedition as simple Volunteers in the French Army, among whom there was no such re gulation. These Resolutions being thus forwarded to the Dutch Government at the Hague, the Pro clamation was withdrawn. VoLuNTREns.—At a very numerous meeting of the St. Giles, and St. George Bloomsbury Folunteers, in the Museum Gardens yesterday, the Command ing Officer having explained to them their right of Resignation, the several Companies unanimously requested their respeEtive Captains to inform the Commanding Officer that it wa, their fxed deteimi nation not to lay down their arms until the security cf the County should be permanently established, and also desired that such their determination should be immediately communicated to the Lord Lieute nant of the County. Private Letters by the Dublin Mail of yesterday contain the unpleasant intelligence of a misunder standing having lately arisen between the Earl of HAR DIV ICKB and Lord CATHCART. Of the ground of this misunderstanding we are not yet informed, but it is represented to be of so serious a na , ure, that the resignation either of the LORD I.4EI:TE NANT Of the COMMANDER ►n CHIEF must, in all probability, be the consequence. The same opi nion, we find on inquiry,. prevails in the political circles in London, and it was even reported yesterday, that Lord HARD W ICKR was shortly expeded to resign. Our Dublin Cor. respondent further informs us, that a Military Depiit in the town of Rathdrum has lately .been broke open and plundered. Died, on Monday morning, in the r3th year of her age, Miss MARY GOULD, second daughter of THOMAS GOULD, Esq. of Clicapside. COURT OF KING'S BENCH, A'IONDA?, FE. THE KING lIEPHOURNE AND ANOTHER. The ATTORNEY GENERAL prayed thejudgment of the Court upon William Flepboutne, Lieunmaat- . Colonel, and kohl-) M'Cumming,. late Paymeter of His Majesty's 31st Regiment, who had been tried and felted guilty at the Sittings after the last Term at WeStroinster,' before Lord ELLENI36ROUdIi•ind • a Special Jury. They were brought up on the 6r.11 instant, when • the Whole of their Case was laid before the Court by - Affidavit, and the address of the Counsel on both . 1 . sides. It consisted of making many fraudulent -.- Charges upon Government for the pay of some diers for several days after they were dead ; for ser. jeants and corporals who never were appointed:soda," &c. &c. the detail of which is already before the Public. Nothing now remained but the judgment of the •C-urt, which was pronounced by Mr..justice Gaos?, who delivered to the De . fendants an appropriate . reproof. The learned Judge stated first the different heads of the. Charges contained in the Information, and the different items of which it was composed—took a distinai in in the shadesiof guilt of the Defendants; M'Curn ming.being the worsteof the two, he having been more mischievous; aeti ye', and availing himself of his station as Paytnaster. 71ie observed also, that the Defendant, COlonel Hepbourne had in his defence before the Court,. -upon affidavit, endeavour e d to cast the _blame entirely on M'Cumming, in whose integrity he alledged he had entirely confided ; for this, there. might be some foundation, but nothing that would a mount to an excuse. It was necessary the learned Judge said, for him here publicly to correci an error which had -become much too prevalent in the minds •of some Public Officers, which was, that they were not responsible for the frauds of those who aled under them, provided they did not ad fraudulently themselves. The Defendant, Colonel Hepbourne, had stated to the Court, that placing implicit reliance on the other Defendant ; John M'Cumminge he signed these accounts; but that he, the Colonel, did not know them to be false; had the Jury .believed. thii, they would have considered the case, on the part of that Defendant, as founded in error; but . they had negatived the id ea o f t hi s b e i ng mere ly the effe& of error, and had established the guilt of both Defendants. In this way, however, the Colonel had endeavoured to say that this was not his offence, but that he only relied on the honour of Mr. M'Cumming, believing his vouchers 'tote authentic he had signed them. This was a breach of trust which was reposed in him by the Public. It was his duty. to know the state of the accounts ; he, as Lieutenant-Colonel of the Regiment, was as likely to be acquainted with the state of the Regiment as any body, at least so far as to be able to detect both error and fraud; and it was his duty-to have done so. It was clearly proved that he could not .be ignorant of these particulars ; he knew of the death of some, and the situation of others, for whom pay was fraudulently charged. It was necessary here to observe, however, that when an Officer of the Public is called upon to testify by his signature the accounts cf a Receiver or Paymaster afting un der him, he must feel- that he is called upon to exa mine and corral errors in the account, which may either' wilfully. be inserted or inadvertently crept in, and, at all events, to prevent charges being allowed for which there is no . foundation ; and al- . though a Lieutenant-Colonel may not be so well acquainted with all the affairs, and particularly ac counts of a Regiment, as the Paymaster may he, still he is bound to use due diligence to examine - into the truth of the accounts, and to take care that none of the items are fabricated :• this was what the Public had a right to expel} of the De fendant, Colonel Hepbourne, in this case. There would be no-use to the Public in trusting such an Officer, or in requiring that he should examine such accounts, if he did not take the' trouble of doing so, and paying proper attention to that subjed. It must therefore be under - stood, that negligence and inattention to any accounts which-Officers sign as vouchers is a breach of trust to the Public. Upon the nature of these crimes, as they affed the Public, the learned Judge said, he had, - since he sat upon the Bench, and that not .very long ago, so many occasions •to observe, that he need not say much upon that topic. Crimes of this kind were so dis graceful, so frequent, and so ruinous in their con sequences, and therefore so alarming, that the ab solute ruin of the State must ensue unless they were checked. As to the Affidavits which appeared in behalf of the Defendants to their charader, they were from many of the most elevated and honourable persons in this Country, and it was impassible for the C , Atrt not to regret that Gentlemen o f s uc h hi g h an d h o . nourable stations, should forget what was due to it : and they must not forget that when they filled these honourable offices in the service of their Country, they had two things to attend to—Courage in the Field, and Integrity in the Closet, and that it will be in vain that the Country should have been saved by their valour, if it was to be ruined by their Fraud in private. The Court taking all the circumstances of this case into consideration, did order and adjudge that John M'Cumming, for this his offence be commit. ted to the custody of the Marshal of the Marshalsea of this Court for 18 calendar months ; and that Wm. Hepboutne be there imprisoned for 12 Calendar months, and then di'charoed. LENT CIRCUITS. NORTHERN. Lord ELLENBOROUGH and Mr. Justice Yorkshire and City—Tuesday, March 13, at York. Lancashire—Thursday, March 29, at Lancaster. NORFOLK Lord ALVANLEY and Mr. justice (7 R ost, Buckinghamshire—Saturday, March 3, at Aylesbury. Bedfordshire —Thursday, March 8, at Aylesbury. Huntingdonshire—Saturday, March to, at Huntingdon, Cambridgeshire—Tuesday, March 13, at Cambridge. Norfolk—Saturday, March 17, at Thetford. Sutiblk—Wednesday, March zl, at Bury St Edmunds. Feb. 8, died, at Castle Cary, Somersershire, after a long and pint - ill illness, Mrs. BURGS, wife of JOHN BURGE, &q. much and deservedly beloved.