The Sun. — London, England, 1804-05-12 00:00:00

4'HZ TOUGII gicObEIV WALLS F OLD bi•GLeiivD; A PATRIOTIC SONG, SUNG LAST NIGHt MR. LIR) AT DRURY-LANE THEATREi roa THE BS NIPIT OF MRS. BLAND. IVRiN the Despots of Fiance felt a wish to invade The Island Fair Freedom has long call% her own; The impulse of Honour each Briton obey'd, Determin'd to fight for their Country and Crown. Then, encircled by Fleets, we have nothing to tear, While no Civil Commotions the People dissever : This adage romaihs, every Briton to cheer, 4 ' The tough Wooden Walls of Old England for ever Then wh at f ear can Invaiion I. If, Brit ons impress on the mind, , for ever united we stand ; While our Brave Volu nteers WitkStep for war d to fight as for these their d ear Native Land. su c h G uardians , let t Shall we e ' er y i eld to Frenchmen ? he Boast ers appear ; —o h Englishmen, never ; For ge remains, every b osom to cheer, " The tough Wooden Walls of Old England for ever !" 111. Then a health to the Floes which our Island surround, Success to their eiti4 With th e i r a6tio 1,, courageou s ly b rave, ns of valour the heavens resound, The deeds of our &ivy, our Country to save. Approbation this Toast from each Briton must meet, "" Prospervvell ev'ry E ng li shman's loyal endeavour, May GOO SAVE TUE KING, 1115 ARMIES AND i " The to ug h W ooden Walls of Old England for ever 3 FtzEt" ............• , QM THE FRENCH PAPERS% MINISTRY OF MARINE, THE COMMISSARY GENENRAL OF COMMERCIAL RELA TIONS OF THE FRENCH ft.E.PUBLIC A r LISBON, To Tux MINISTER Or BIARINi.. CITIZEN MINISTER, Lisbon, April to. I have the honour to inform you, that in the night of the 2d, part of an English Convoy }„f Seventy Sail Were ship -wrecked on the Coaat of Portugal, near i iguera ; 5 Vessels Were lost, and the Frigate Apollo, of 36 guns, the Convoy i to the Fleet, with upwards ot 400 persons, sailors and passen gers. The Fleet was bound to Jamaica, and is . 1-4;ill to have been richly laden. —The persons shipwrecked aitiibute thu event to the Captain of the Frigate, who, thoug t h warned by the inerchantmen that he was nearing the land tuo much, replied thit the first that should attempt to make sail away should be sunk. It is not known what is become of the rest of the Convoy. SERURIER ............ - 4, PARIS, A?RIL oxTE had a 23.AL1 PACH A , whom the td at Boniac w r ppointed to res i de at Cairo, was receiv. with demonstrations of respcEt, which deceived his vigilance. Scarcely had he entered tent which h ad b een prepared for him b a When i t was signified to him to re Balbeis. The PaCH A set off it, the night, un pair to y a B ey, der an escort of JV l amelukes. BEWhen he arrived at the villag e of Coraim, EL T i Y, with a party of his Mainelukes, entered his tent in the night, and mercilessly massac re d him and his whole suite. mercilessly BEy is the same that arrived from London, loaded wi:li gold, and with imtroc tions from the The Engli s h Government.—Monite4r- Corps of P o / t i ps/is will consist of 10,000 m en, taken fro m conscripts, under the size de creed for the Regiments of the Line, and of the Years 9 , xo, zt, and ta. A certain number is to be attached to each Army, and their pay is to be the mime as that of Qtenadiers. Their arms are a short musket, such as is used by the Tyrolian Sharp Shooters, one case of pistols, two daggers, and a short s w ord. The young FRANtoNt, son to the person who, with a company of V o l t i geurs or of tumbler , s and horsemen has occupi e d the Theatre Astley in this city, is appointed a Colonel of this Corps ; he has under him several of 'his father's pu- Pik, as Officers. Their dress is a short jacket, anti pantal oons, of bottle -green colour, without l ; to waistc oat , or stockings , their ining pantaloons coming lloWn into their shoes, with feet fixed to them. S Clo th is of t h e li ghtest kind, or what is called The ile sian cl ot h . T he rumour that VE.sra is was appoint ed a General of this Corps is unfountled.—( journal des Defeszseurt.) A Plan has been presented to the Minister of the Marine Department, which he has laid before the FIRST CONSUL, for Ms approbation, to raise a Corps of Swimmers, from the chilliten of sailors.. They are to be educated at the expenc e of the They to learn to swim, to plunge, to climb the side of a ship, and to board. From the age of Is to 25, they will be obliged to serve their country ; after CLit period they are at liberty to dispos e of themselves. M T wenty-five to fifty of them are to be on board each an of War, and they are to receive the double pay t boa f sailors. Their arms are a sword, a dagger, and a riling axe. In etuis, impenetrab:e to water, t hey are to have some combustible matters, to be used as occasion requires or presents itself. Their ti. umbe r is proposed to be 12,000, dist ributed and ‘2...s t(rileetepti4hintictiwneen. jty-four of our ptiocipal sea-ports. .......--....................-- Tlle fine Portrait of Loa ENzo DE MED rC l ' which tradition assigned to IrlicrthEL ANGE- L°, is now generally thought, by th e first Con noisseurs, to be the work of SEBASTIAN DEL PION!' 80. It is deemed one of the finest Portraits which the Art ever produced. Mr. 'l'. LISTER PAR KIR, 41-Gentleman of Yorkshire, by a lucky chance, pur. chased it in Rome, and brought it safe to this Coun try. He has kindly left it in the hands of N'oßni. COTE, that all real -judges may have an opportunity of seeing such an exquisite sreciinen of genius, be fore he remove s it to his seat in the country. In the Calcutta Gazett e of the z4th September last, Lieutenant ALDER. has been erroneously stated to , hav e been killed in the aflion of th e i rth Sep tember. The name of Lieut. ALDER does not ap pear in a list of killed and wounded subsequently received. All the French Priso dich ners who cap i tulated at Pan erry, were embarked on ,, t h e 2/st 'Oftober, f or the board t h e Matilda, on to Eu rope , purpose o f b e i ng conveyed Letters of a recent date from the Baham a Islands, state, that the French Troop s colletird iri the Isla n d of Cuba, ho occasi one d so much abirm to t h ose ; slands, arew quitting the form er , and p rocee di ng in *oral vessels either to France or s ome of the drench Colonies. tAIY REPOhn COURT OF KING's BENCI-4, M A U. THE Y.IN 'V. HORNE. tit e Tielendant (a Clergynial,) had been eiriVi(4. ed of having uttered seditious expressions. Judge GROSS expatiated on the enormity of his guilt, as he was a man of education, and of a profession from which he should have learned better principles and better conduA. But as he had not addt!d to his guilt the additional aggravation of printing his sedi tious principleS, or of promblgating them riblicly (it was in a private room, after supper, that he had used them) the Court only adjudged him to be eon. fined for three months. ?FIE KING v. SEAtE. This Defendant was conviBed of prihiing and publishing such sditkous expressions as the last men tioned Defendant had only uttered. Sentence, six months imprisonMent. THE KING v; PANTHER. The Defendant in this case had been conviaed of publishing a Libel, in the shape of a return under the , Army of Reserve ACI, His offence, Judge Gause observed, was aggravated by his endeavour ing to affix the guilt of his as on a relative, whom he was hound to proteft ; but he corrupted this re. lative to swear falsely, as the jury very justly de termined, that she put the Defendant's name to this Libel. The Jury and the Court have had her hand writing and the Defendant's before them, acid there cannot be the least doubt but that the Libel was signed by the Defendant, and not by the unhappy person suborned to take the guilt to herself; The Defendant addressed the Court, and as he stated that he had six persons in family, dependent on hith for subsistence, amongst them a mother who is quite blind, the CJurt remitted part of the intended im prisontlient : Judge GROSE observing, that a man's family are his pledges to society for his goo con.. cort. dna, nd if he violates the Law, and his fimily are thereby tuineA, he is to blame for their ruin. Sen tence, three Months imprisonment, and root. fine. THE KING v. STEVENS AND AGNEW. •This case was argued to-day at great length, and with universally acknowledged ability, by Mr. AT TORNEY GENERAL, Mr...EasKINE, Mr. GARROW, Mr. ADAM, Mr. WOOD, and Mr. ABBOTT, on one side; and by Mr. DALLAS and Mr. GIBBS, on the other. To detail all the arguments which the inge nuity of Counsel suggested on so apparently simple a point as the legal definition of the word " UNTIL," would occupy at least three columns of a Newspaper ; for the arguments exhausted (with•otit tiring the pa tience 6f) three hours of the time of the Court. We shall endeavour to slim the importance of the word " UNTIL," in the present case s . with as much con ciseness as perspicuity will admit of. By the 33 a Geo. HI. cap. 52, certain penalties are inflitled on British Subjects in the - Service of Government, or of the East India Company, residing in the East In dies, for taking Bribes, &c. TO constitute the completion of the offence against *Lich the statute is dire6ted, it is requisite that the Bribe shall be taken whilst the party taking it is resident in India, and in the service of Government, or the East In dia Company. No person in a different situation comes within the meaning of the statute. the averment in the Irfortnation on which the Defer]. dants were found guilty, is, that they ‘ivere in the service of the East India Company for a great length of time, to wit, from the first of Janu ary, .3794., UNTIL the 29th of November, 1795; and that they committed the offence, &c. on the 29th of November, 1795. On ail sides it is admitted, that they could not commit the offence (as servants of the East India Company, &c.) when di. vested of that charaaer and description which is in corporated with the substance of the crime. Mr. DALLAS had moved an Arrest of Judgment, on the ground, that UNTIL was a word of exclusion of the 29th of November, 1795. By being described as servants, &c. UNTIL that day, they could not, he contended, commit that offence as servants, &c. on that day. Many learned arguments were urged ; many cases cited ; and even some pleasantry found. way into the discussion. Sad the ATTORNEY-GE NERAL, " If I ask a friend to dine with me, and stay UNTIL the next day, is he to order his carriage at twelve at night, BEFORE the next day ?" Mr. ERSKINE repeated the line— As chaste as ice tr:ITI 1. the marriage day. Are you to exclude the marriage-day, and to pre sume the lady unchaste at the close of the preceding day Yet such is the consequence of the construe. Lion of exclusion. Mr. DALLAS.—" If my friend, the ATTORNEY. GENERAL, insists on UNTIL being an inclusive term, were I to ask him to dine, and, knowing his time to be precious, should say, " I'll not send for you UNTIL dinner is ready," I should fulfil my in vitation were I to send for him when dinner was over. And Mr. ERRsKINE'S illustration is still more unfortunate, for if UNTIL he inclusive, the bride must be '' chaste as ice," the entire of the marriage-day ; which my Learned Friend, some years ago, would not, I think, have contended for." The arguments from analogy; and the cases cited on the grave part of the argument in this case, we should endeavour to explain and condense on a fu ture day, when the Court shall pronounce their judgment, which for the present they postponed. ICNOWEL V. AIR. Mr. Gt a as moved for a rule to chew cause, why the proceedings in this case should not be stayed, ' upon the following grounds : A Mr. Day was in. debted to the Plaintiff in a considerable sum, fur which he was sued. Mr. Air, the Defendant, was his security,.and proceedings were also commenced against him ; Mr. Day, by an arrangement with his creditor, however, was released, but the Plaintiff continued proceedings against the security, Mr. Air; Mr. Day complained of this as a breach of agreement, but he was told, that a claus e ha d been introduced into the Warrant of Attorn e y whi ch he had granted, by which a liberty was reserved for the Plaintiff to sue any other Day re_ P erson in this busisness ; M r. plied to Mr. Lake, the Plaintiff's Attorney, t h at if such 21.631,13:: had been introcluced, it was a piece ai doss deceit Lipoi; bilt, tit Lis printipal objeCt had been to secure >.\;lr. Air, and for this he was more lien to relieve himself; Mr. Gtß,gs then stated, that Mr. Day positively swore, that he un deritood at the time of the AgreeMenr, that no tar ti r were to be had against his Security, Air ; and upon this ground he hoped the Court wouid grata the Rule *hick was requestedßule granted:. Alexander Pavidson, Esq. JohnAthite Parobs, and Thomas Hopping, were brought up to receive judgment. After reading the Affidavits, arid hear ing CouHsel, Mr. Justice Gidse then ptonouned the sentence of the Cotirt, Which adjudged all the Defendants to he committed for twelve calender months, to the custody of the Marshall of the Mar- Shalsea Court,; COURT OF 'COMMON PLEAS ; MAY H. CHAMBERLAIN V. PWITERB. Application having been made for a new trial in this ease, the question, Whether a Note given on a Receipt Stamp, was as good as if Aiven'on a Note Stamp? was reserved for the conslderation of the Court. Sir JAMES IVIANst'tELO havngreferie4 to an Al of the 37th W His Majesty, which states, that every Note must be given upnn a Stamp of prOper deno mination; if otheiwise, or should a Note be given on a Stamp of equal valde, but of a different deserip tion from the Stamp necessary to be used, such mis take is to be remedied by applying to the Otter of Stamps, who, 04 receiving the fees, will alter the instrument to its proper corm. It was clear, he ob served, that the Aet considered all instruments good for nothing unless on proper Stamps ; therefore the Commissioners of Stamps were authorized toput the proper marks, on the fees being paid. The Note in question was consequently considered of no use.— The other judges were of the same opinion.—Rule granted. Mr. Serjeant Br.st moved for a Role ft:s spew cause whj• the sum of 2921. should nor be delivered to a person named Bourne, against whom a Writ of Teri facias had been issued, and Judgment entered upon a Warrant of Attorney, for 1701. The 2921. had been given by the Defendant in Promissory Notes, which are not yet doe ; and the Plaintiffhad proceeded to judgment, keeping the Notes in his possession.---Ruiz granted. DAntit AND OTHERS V. FXECUTORS OP CAPELL. In this case, reserved for the opinion of the Court, the eincstion arising was, Whether a Bond entered into with the Royal Society of Musicians in thc'year 1790, by one of the Colleaors, named Jesse Horwood, which imposed a penalty upon him, and his Successors to the Office of Colleaor, who should not make an annual return of the different sums received during the yeai from the Subscribers to the Charity ; was not io:le away by the incor poration of the Society; effecled by a Charter some time since ? The aflion was brought to recover the sum of 5601. on the Bond (during the present term). It then appeared that Horwood had died without making the yearly return, and doubts having oc curred as to the obligation of the hand, a verdift for nominal damages was given. The Cour..., after 5 long discussion of the case, intimated an opinion, that the contraft entered into by Horwood was ren dered nugatory by the Incorporation of the Society in the year 1800. Another point remains to be argued, arising out of this case. AMERICA. NEw.yoRK. MARCH 24.. Captain MORAN, of the EmmeliNe, 19 days from Cape Francois, ink,rms, that the brig ,Cyreir, WHITE HEAD, of Philadelphia, has been captured by a French Privateer, 18 leagues from the Cape. The Schuoner Italy, BROWN, of Philadelphia, has also been taken cif the bound from the Cape to the Bite of the Leogane. From the mast-head Clptain B. saw the brig //et,:y, BUNKER, of New- York, boarded by a Privateer, and supposes she was captured. French Privateers swan in the neighbourhood of the Cipe, and board every vessel which they sup. pose contains stores or provisions for the Haytians, many of which they capture. Tice Blacks have fitted out several Privateers, and are very alive in etu'eavouring to make reprisals on the Enemy. A most atrocious murder was committed in Pen dleton Distria, on the 27th ult. Miss Po)ly Young, a floe amiable young woman, on the morning of the above day, had lett her father's house, to go to a mill two miles distant, and was killed on her return about ten o'clock, by her father's negro fellow, in a manner too barbarous and indecent to detail. It is, however, certain, it was one of the foulest murders ever known in this cnuntry. This monster of in humanity and bloodshed was fairly conviaed of the crimes he had committed, and was executed. Yesterday morning, about one,nint o'clock, 250 Hanoverian troops marched through St. James's Park, on their way to Lymington, ir, Ilampshire. The following is a list of the Sea Fencibles for the Severn Division : Bristol Division, under the command of Capt. seew.by 4.?7 Gloucester ditto, Captain Blake • • 3/7 Chepstow ditto, Captain Pulling - • 247 Total Mr. WILBERFORCE, by his intention to bring forward his Motion for the Abolition of the Slave Trade on the day appointed for a General Fast, seems inclined to proceed upon the old principle of " The better day, the better deed." The materials that were to be employed on the Stone Exped;tion are, it seems, to be made into a beacon, as a warning to those who venture upon the perilous ocea n of Po/jilts, without chart or compass. A German Do for has, it seem?, discovered a new Planet, which from its prodigious size, he has denominated Hercules. This Planet is so far dis tant, that indeed to mike itself visible to us, ap pears to be a Herculean labour. 6ALbakihk bAIyAL kEPOR+. OF THE (iOISINUSSIONERS FOR. iROdEEDfNO /14 . EXECUTION OF AN INLAND NAVIGATION PROM THE. EASTERN tO THE, I t iESTERN .11? VERNESS A.NO kCIR+ WILLIAM. , pursuance of the Ad which Comiiiiiiies Com. missiOneirs for the piirposes therein nientioned,we have prepared a Statement of our Proceedings tow i ardi carrying the said Ad into execution whkh we stink it eXpedient before Pailiarhent at this time: The Ac: having received ihe Royal AsSent on the 7th day of July . list, we held our first Meeting, oo the 3oth day of that ibutith and having settled the necessary arrangements and forms of ptoceeding, we ordered letters to be written to the Conveners of the Cotintiei of Initerrieis and Arkyll; through which the Inland I\Tavivation is proposed to be made transmitting to those Officers a Copy of the At of Parlianient; and requesting from them specific in formation as to the number of labourers and artifi cers, and the tools and materials, which might be collected for the immediate commencement of the proposed works, and desiring them to use their best endeaitours• to obtain the general concurrence of the Heritors of those Counties in carrying the purposes of the Ad into execution. On the 3d of August we called before us Mr. Thomas Telford, the Engineer employed by the Lords Commissioners of His Majesty's Treasury to Si!rye) , various parts of the Highlands of Scotiand, and whose report thereupon was, by His Majesty's command, laid before the House of Commons in the last Session of Parli:iment. At successive Meetings holden on the 3d, 4th, and 6:h of August; we framed and delivered to Mr. Telford our lnstrudions, under which he was to pro. coed to Scotland without delay, to make the necessary Surveys; anti set out the line of a Canal for corn. pleting the Inland Navigation from the Eastern i 9 the Western Sea, examining the navigation of the several Lochs or Lakes, and making proper trials of the intermediate ground through which the Canal was intended to pass ; ,:nd also to expedite the Plans and Notices required. by the Standing Orders of the House of Commons, in order to the making applica, tion for a regular Canal Aft in the present Session of Parliament. Under the same instrudions he was authorized to commence the excavation of the En. trance Docks or Basons at each end of the proposed Navigation, to open Quarries, and provide materials and machinery for the intended works ; and part icu ler direlions were given to him for regulating his expenditure, accounts, and correspondence with the Board, respeding the various business upon which he was to be employed. In pursuance of these Instrudions, Mr. Telford immediately proceeded to Scotland, and was employ ed [rem that time to the middle of Odober in exe. curing our instrudions, and in corresponding with the Board, the Proprietors of Land on the Line of the Canal, and other persons whose assistance and co-operation appeared to be desirable. Thinking it our duty, in the prosped of so important an undertaking, to omit no means.of en abling ourselves to form an accurate judgment as to the pradicability of the proposed work, and the probable expence of executing it, we took measures as early as the 4th of August, for obtaining the opi: nine. and assistance of Mr. William jessop, another eminent and experienced Engineer ; who, in conse quence of our diredions, met Mr.Telford in the mid_ dle of Otiober, at Edinburgh, and from thence proceeded to examine the Line of the Canal, which had been previously set out by Mr. Telford, and the works marked out by him for the Docks and Entrances from the Eastern and Western Seas. On the 14th of December, Mr. Jessop and Mr. Telford attended us, and Laving stated generally, that upon the result of the trials and observations which they had made along the course of the In.. land Navigation, no material objedion or difficulty occurred to prevent its execution, we directed them to make a final report on the exalt Line of the Canal, and the nature of the ground through which it was to pass, and to form an estimate of the ex+ pence, distinguishing separately the expence of the Entrance Docks or Basons, of the Locks, and of the necessary excavations in forming the Canal. Upon the 6th of February last, the Reports of Mr. Telford and Mr. Jessop were laid before the Board, together with the Maps and Surveys made by our direction ; and these having been taker, into consideration on that day, and upon the 9th of Fe bruary, it appeared to us that the several parts of the proposed Navigation were sufficiently describ ed, and its pratlicability satisfaaorily establishzd. The Estimate included in the Report of Mr. Jes_ sop, represents the probable expence of completing the Canal with all its incidental works at 4.74,5001. exclusive of any expence to be incurred by pur chase of Land : but we do not think the additional expence on this head will be very considerable, as many Proprietors have offered their Land gra tuitously, and as the Land itself on the intended Line of the" Canal is not in general of great value. It appeared, however, to he necessary that in. formation should also be obtained of the sums which might annually be wanted for carrying on the work with the utmost expedition which the circumstances of the case permitted ; and we accordingly, on the 9th of February, diretted that Mr. Jessop and Mr. Telford should jointly lay before us a Statement of the Sums which would (in their opinion) be wanted from year to year, for making and completing the Ca. nal as expeditiously as possible ; specifying also the particular works which it might be praaicable to execute in the present year ; and upon the 18th of February they laid before us the required State. ment, together with a necessary explanation there. of, in which the expence to be incurred in the pre. sent year is estimated at 75,0001. At the same Meeting, deeming that sufficient grounds were now laid for making an application to Parliament, we direfted a Petition to be prepared for leave to bring in a Bill for carrying into furthet execution the purposes of the Adt of last Session, and for making the Inland Navigation from Sea to Sea ; which Petition has been presented to the House of Commons accordingly. In order to complete the statement whic'h we are required by the Ad to lay before Parliament, we think it necessary to give an account of the several works which have been at - tunny commenced under. K