The Sun. — London, England, 1801-02-26 00:00:00

i Y` ' • FRANCE. • • , • PARIS, FRB. 21. The French entered Mantua on the 6th inst.- _ and were received by the inhabitants With tram.. sports of joy. The First Consul assisted at the Sitting of the National Institute on the 15th, in his capacity of Member, and stated that he had several Egyptian' Manuscripts to present. Among those which he gave in, were some written in Greek, Syrian, and: Hebrew charaders. We are informed from Gratz, that the Corps of CO ND E is entirely detached from the Imperial Army, and will embark on board English Ves sels in some of the Ports of the Adriatic. Such of the Officers and Soldiers as do not choose to embark, will be , allowed to retire with eight months pay, if they belong, to the Nobility; and with six if they do not. The Tuscan Government has ordered a Forced Loan of too,ooo crowns, to be levied on all the absent Subjects of Tuscany, or those who have en-opewted with the Enemy's Armies in disturb ing good order and tranquillity in Tuscany, since the reentrance of the French. Should this Tax not be paid in ten days, their effe&s will be put under sequestration. . Letters from Bourdeaux state, that several Couriers have, within these few days passed ..through that City, on their way to Madrid. The American Ship the Lucy (la Lucie), of Salem, Capt. W. RUSSEL, of 310 tons, bound from Amsterdam to Madeira, was lost on the night betylgen. the, loth and itth inst. at the distance of a league from Calais. She had on board fifty.two thouiand Piastres, which were saved, and conveyed to Calais. The rest of the cargo, consisting of brandy, gin, cheese, oil, and colours, will, it is hoped, be saved. The crew consisted of eighteen men.--Journal du Commerce of the 2 Ist. AUGSBURGH, FED. 4. —By a Letter of a late date from Cracoqu we are informed, that the Russian Army in •Woll!ptia and Pedofia, has sud denly, begun to march towards Moldavia, and Turkey in Europe; The assassination of the Rus ,sian Officer by the Turkish soldiery at Constan tinople, and the Declaration lately made to .the Porte by the Russian Minister, may serve to ex ' plain this movement, which was not unexpected. The Cabinet of Peter4mrgh beholds with a jealous eye the influence which the British Go-. vernment has at Constantinople ; and the plan of an invasion of Turkey by the combined Ar mies of two or three great Continental Powers, - to compel the GRAND SIGNIOR to withdraw him self 'from that influence, or to seek, in these pro- N inces.for the basis of a general Peace, .is Much , 'talked of. B gtoE , JAN: 30. , - 7 -In consequence of an &lid of 'the Government, all the.decayed Trees of Li_ betty were rooted up on the i6th insr, There is On ly one now standing. Duiing this operation . several grottpcs of people assembled in different quarterS of the city, and paraded the strcets,i, ex pressing the satiSfaelion with which they viewed the scene.'- .This circumstance sOmewht algrm edthe Government, and all the Military Posts • *ere immediately reinforced. the present stare of aifairs, the petition of • General WE tss • .0..11a tint but considerably_ increase. the boldness . of the: tbal,cooteno. , - The Municipality of this City like Wise spew - some symptoms of a refraltory.disposit ion, They lately ttised a small Corps at their otv*expence, which they stationed , at the different points where 'the Troops of the Line ,werofOrincrlk accustomed to mount pard. This proceeding, with some .others of the same.nature, have at last attraded .the,attention of the Executive Council. Troops have been Marching froM several points for Berne. 'Since the 17th, four hundred ' , infantry - and two hundred cavalry have already arrived ' in addition to Aich :we eNpc4 a battalion of Frenchmen, and some Helvetic Corps. The Municipal Guard will be immediately disbanded. .C.:ONSTANIINCIPLR, subjed of . conversation here, .fur thesCseveral days past, - ha§ been a quarrel: which is said-to have broken • out in the Army of the Ga AND.-Vtzt ER, bct‘, n the, Jlnissaries and Albanians, and in which this Commander-is . stated to have been in the utmost • &Inger. It was even reported that he hadadually been assassinated. .111e,aversion; of the Troops of Tripoli, it 4 Syria, to their Pacha, likewise pro ceeded to such a height, that they refosed'to Obey " his orders. The GRAND, V 1 Zrt. R, on, invests. gating the causes of this insubordination, chashier e4 the Pada, JAN. to.-Lin the evening of. the Bth. instant, the Porte-received intelligence that the English Troopit, under the orders of General. Au.Ert. R ohtß 1-; had arrived 'on the Coasts - of Caramania. Lord KEITH has anchored with his Squadron off Marrnarissa,' Several vessels that had left Alex, andria with sick French soldieri, have fallen into thtt harids of the English. ARMY OF OBSERVATION OF THE SOUTH. JOACIiIM MURAT,L EUTPNANT-913NBRAL, AND COMMANDER C}IIEF OF jHE ARMY. OF VBSERVATION. " Itraluarteri at Leghorn, Yam. 30. , ig On the return of the . French to. Leghorlt i they found in' the warehouses of that city English .and Imperial property to aNtry..great amount. " The Minister PETIET, by — his Decree of Nov. confirmed - the sequestration laid.upon this property, which had become essentially French property. by the laws of. war, and the. re "rewal ofitostilities ..between. the Armies of the French Republic and those :of the. Emperor. No one had authority to release or ,alienate s - this pro petty ;and, if any 'part of it has been restored; without accounting to the French Agents, it must lave been through negligence, lc It is of the greatistimportance, that the or_ ..dens I ha vo'roccived on this subjea should be car ried into execution, as the produce of the etreas taken from the Enemy, Will serre to relieve the Ttiscait-Nels from the extraordinary F-xpenees .which the french Government never had any in.: tention of making them defray, and to pay the Price of the Corn furnished by the friends of France. "Citizen Beu.Evil.Ls, ,Comniissaty-General' of the Commercial Relations of the French Re public in Tuscany, is therefore authorized to adopt what means he may think fit in execution of these measures, and to call in the assistance of the Armed Force whenever it May be necessary. The General commanding the French Troops .at Leg horn, will hold at the disposal of the said Com missarh such Detachments and Officers as he may require, in order.to lay on Sequestrations, place Seals % seize Effeets, and assist at the Public Sales which shall be made, according to the legal forms. " All natives of England, without exception, now in Leghorn, shall leave it in six hours after the publication of this order, and the Tuscan tei ritory in ten days - , under the pain of being•con dut-ted beyond the Frontiers by the armed force.. Passports shall be delivered to them to secure their personal safety. Their families shall enjoy the same advantages, and be treated with all the attention prescribed by humanity. " All letters arid parcels from . England, Ire land, Hamburgh, or any other Country, address ed to the : Metchants .on whose warehouses ,seals may have been placed, as well as on the English commodities found at Leghorn, shall be deliVsred to Citizen BELLEVI The•Post 7 thaster shall be personally responsible for the execution of thi, ' " Tuscans, Ligurians,, Fte-nchmen, and Corr spondents Of the - . Powers of Alects, Timis, and Tripoli, established at Leghorn, regard this Mea sure as resulting only from the bad faith of our: common Enemies, and as dictated by your own interest, and the desire.of preventing the English from starving you, by blocking this Port, and 'from any longer profiting by the means they em, ploy, riot only to recover their Property, but also _to relieve themselves and their friends from the burdens which they have entirely thrown upon. you. " 'Unite then to second the intentions of the French and Tusein Governments. Furnish Ci tizen BE I, I.E V I I.L A, and the Deputies at Leg horn,: with declarations which will serve to dis.. cover Enemy's property. Do. not incuethe pen alties to which those will suhjea themselves who refuse to comply with thii measure, or who shall • deliver . in false declarations. The greater ,the produce of. the articles sold, the more will your own burthens be diminished, and the great price. you". will receive for the supplies of corn de. manded from you. Thus your personal interest' is necessarily consolidated with that of the Army which defends your territory, and will secure 'your tranquillity. (Signed) " MURAT." The above Proclamation was accompanied by two others ; the first on the part of General Mv. RAT and the Tuscan Government, prohibiting the exportation from Leghorn by sea or land, or the 'removal from one house to another,-of any other mercantile articles - than Corn, until. the +th of February, under the petntlty of ,seizure and confiscation : the second-on the part of Citizen , 'BELLEVii.LE; ordering declarations respeding English and Imperial property to be delivered in Within twenty-fur hours, under a penalty; should the declarations he in anv respea false, of ten times the value of the articre..otnitted. C I) CONSALVI F) GENRXAL NIURAT• • • `‘R mr , ,74.. 3 1. " May it please - Your Excellency--As the two French Officers, ; who were the bearers of your Excellency's Letter to the Holy Father, 'return to. Florence, I should think myself deficient in my duty . , if I did not,inform your Excellency of the polite and obliging manner.in which they dis_ charged. their mission, and it is the desire of the Holy Father that I should testify to them his complete satisfaaion. " A Courier, who arrived here yesterday from AncOna, with dispatches for Government, brought intelligence that General PAIMET has declared that the _entry of the Army will make. no change in the state of the Pontifical Government; and that consequently the delegated Prelate may con. rinueso exercise his funffions. In returning to your Ekcelleney..the thanks which arcclue forshis order, his Holiness finds in this ael, a new proof of the favourable disposition towards his person, and feels.the full -value of it. The Holy Father, op his part, will embrace every opportunity. of making a proper return with these sentiments of interest With which he, is inspired for the First Consul, on whorndepends,the tranquillity of Re ligion, and the happiness of . Europe. ' I must refer your .Excellency to the two French Officers, for details' respelling the . con. terences which they and I had with Gen..DAIMS, when we infornied him that Your Excellency hay ing written to the Holy Father, that you Would be forced to traverse his States, if the Royal Army did iiot. entirely evacuate them, that General would expose himself to danger, if he refused. He started one difficulty;- by - obSeeVing that your Excellency did not absolutely promise that if he retired, you would certainly not enter. The conversation Was animated, and he 'replied by maintaining, that he had - not the power of making political prdthises, -such as that of-shut ting the Ports against the English, but that be soon expelled orderS.,fer that purpose from his Court. 'Die-Holy rather j , however, 'hopes , that his States. (which. are now reduced. to the greatest misery) will nut be exposed to the Unavoidable damage that must be occasioned by the .passage of an Army." 1. , The new-Novel by Mr. Smith', called- ft .Tlk.: Runaway'," Is'nearly out of pint,. so great has been the' demand .for this truly excellent produc tion after the old school. .There ha just issued from the Press, a ,vo Shilling: Treatise on Provisions, with , $ll,ll, means to rtnent the high price of Wheati l a work which we conceive to havc . idTe excel lent observations, and a Pamphlet which in our opinion cannot be toosonerally read. • f Al : fl RE.I3ORt, COURT OF KING.'s BENCH, FEs, azrORE Lci kt.t.roN GVLLDHALL. Alec," Causes were tried, bitt they sere very unimportant to'the Public : &Vera! Went off on account of the Parties not being ready. ' Mr: EkstcorE said, he wished his Lordship would lay 'down some positiVe Rule, by which the Parties _might be comliefitit' to attend when ;heir Causes were called on ) because, when three or four Causes in succession) went off, those-re : . chaining had ret:l6l4 to claim indulgence, for. it was not to be expeded ) they should be ready, in an instant, when their Cause stood so low down. in the Paper, but by this, hoWever, much time was lost, and great inconvenience ensued in the' administration of justke. ' ' Lord Kg NYON said, he had made one proposal, and it was the only one which he thought would be effeiqual, but it had not hitherto been at tended to in the way he thought it de3erved:,-It was this : That the Party injured by this want' of readine'ss in their Agents, should bring an Aetion, against the Party injuring, and if that should be adapted, he should, by the assistance of a Jury, set such an example as might make the Agents he had alluded ,to, look a good deal more attentively : to. t hei r_ business . then they were in the habit of doing. - His Lordship then. said, be had given direftions that Special Jy . ries, should be arranged so as to suit as well as .could be, - the con venience of the Gentlemen of the Bar , who were going ho the. Circuits. FEBRUARY 25. COODAIR V, Hilt!), AND OTUER.S. THIS was an Adion brought by the ilaintiri against the Defendants, who are the Assignees of Mr. Marriot t who lately kept the Paul's Head Ta- Vern, in Cateaton-street, and who became a Bank rupt, to recover a sum of about 6801, being the deposit he made on the purchase of a large Ball room, whickwas , sold to him by auetion, by Mr. Philips, an Anaioneer. The Aaion was ground -ed upon this : That the room and premises which were put up to sale at this auction, and knocked down to the Plaintiff as the best bidder, were not according to the printed Particulars which were published of them, and handed about at the' time of the sale, the room being Itated to be Ito feet long, zo wide, 4c. : wher,.. it was not above 90 feet long, i*c. The question was, " Whe ther the sale of these premises was binding on the Plaintiff for the purchase of them ?" It was contended .on the part of the tiff, that the agreement for the pUreluise of. these premises was void, because the thing. sold was not answerable to the description which was given of h Ly .the Auttioneer, and that as the agreement was thus void, the Plaintiff' was entitled to recover his 'depo.it.money. It w.is contended on the part of the Defendant " That the Audionecr warned the Gentlemen before the sale begau, not. to 'abide the ,print ed Payticulars of the , sale, for .that he did not know the dimensions -of the premise's; ; as they were just adjoining the place of sale s they might measure them, &c."—That, therefore, the Plaintiff made a bargain with his eyes open, and could not have it now rescinded. ' It appeared in evidence, that several Gentle. men attended the sale of the preniises in ques tion, many ofwhom being employed to bid, were, interested in being_very attentive to every thing that passed at the bidding, and during the whole conduit of the sale, from its commencement to its conclusion, and they ,did not hear the Auaioneer tell the company any thing - of there being an in accuracy or defea in the printed Particular of the sale, nor did they hear the Auaioneer many of the Gentlemen who attended the sale, either before or at she bidding, " There is the room, you may go and look at it yOurselves,Gen. tlemen." In a word, Lord KENYON held that the ConditiOh sale must be "according to the printed Particulat.., provided they were circulated by the ; authority of the Auaioneer at the sale, unless it could be made to appear that the - Auctioneer made sotnt exception to the Particulars before the bidd2rs, and that ht did so to the knowledge of the'per son who became the purchaser ; and his Lordship observed, it would make wild work of the Law were it otherwise, for a person might come into an AuCtien-room and take tip the printed Patti- - culars, and bid upon the faith of them as' trnly re presenting the article to be sold, and - buth'persoli might not have been in the room When the Ntic: tioneer made tqualifyin declaration io Controtit the Particulars of the sale. The individual s'tho was declared to be the purchaser must be proved ro have knowledge , of this qualifying declaration of the Auttioneer, otherwise he would not be bound by it. That being - so, the next point *is, Whether the premises were agreeable to the kscription given of them, that was to say, faikty and sub. stantially agreeable to the printed particUlarS.— If they were not, the: bargain must void, 'ant} consequently the deposit.money muit be roomed. It was then proved, that the Plaintifl was de clared the highest bidder at the sate, and that he paid 6781.' by way of v depoSit-rnottey his Fur - chase : that the room; in tatiestiou *as :Stated, it, the Particulars of Salo, to bet ro feet long, Lu: that it did not rheas - urn muclrabove So.'. It wasi.then proposed, that Mi. Philips; the Audienteer, -should*be examineki, to prove what passed when he put the piernises up foir order to thew that-the-Particulars were nQ( stilted by i.tittkr,nor .con iclered by the Bidders it.csort , :et in the l itimtnsi993,, but that he advised pen 'o.luen io)o,wii,hed to purchase, -to' ;7;eabur.. die pi otisel ; • but it was..objeaed Hutt he ,could out be a Witnes i. ti9less,,the,Assige.ees woultl i relLase ht:. was 9f :..-zing 0 the i'sssignces,.il be soii c 11;:! }:reiut43 Mr. GARRQ W 'said 11'2 as Coiliv,el for the Assignees, *ma not adl;ise s them, to_give Auttionecr rcilease of all claun thayslielfii 'we : upon.44titni_it'Lliziv vitt - but that . athei. they should,lose the benefit of i his,testimony. Wi Morgtn; Clerk to ,the Auttioneer, gave'an account of the sale :—He 'said, that - Mr: Philips told the company, at the bidding—" You hare all seen the room, Gentle men, and if. you haVe not measured- it, go; and look at it again.". lit the Witness did not see Mr. Philips alter the Particulars; and them conforitable to the real desciiption of the premise - S. Lnrd Kfiwvo:s. ' said, that this motle of defence Viould not do. Auaion4efs, like other Should be cautious mitt:411;11 care that what thcjr sold; vas igkeealild tb ri‘,.'des - ct;ption they gave of it, otherwise, they 'Court binj .people‘ io their .. argains.. IT there had btcn ever so' many alrerations made in this p . inted..Particular of the Sale; Unless.it could 1): pr:) , .ed, that suett.iiltri 4 . dons as were rtiade; s rc known to ihe . Plaintiff; they could not affeet him. He did no , ..know tinit the Audioncer meant _to cheiit the Pl:lintiff, - .hut certainly this Agreementivai, , isia, and, there fore, the Jury, .if they I,;!easetl, .would *find a Verdi6l:for the'Faintlif for the arnetint the beficisit, with liMrc.c twin the • d.ik of mak e . ing it: Verdi& for the Pi lin tiff—DarndgeL, Six I funclred and Eiglity,seven Pouncic. BIRD V. I L ;-: The Plaintiff became the Purchaser of...the Lease of a Public . ..house,!ar -a public Salcby AuCtion, for 1631. of which he paid 331. by stray of Deposit to the Defendant, who - was•the - oneet: this Action was to recorer.the.•Deposit... money, on the ground that. the printed Particulars of the Sale were infinitely higher in the state... tent of the value -of the. Trade, than the truth was. - 'l'hc printed Particulars stated, " That the Returns of the-Business were 601: a Nianthc" and, at the .Sale, the Auelioneer asked his Clerk, " If he had examined the gooks, Sze. He said, "-he had, .and • that. the Rerarns were not quite up to 601. hut that they Ivere frorn'ol. to. 601. Y—whereas,. in truth, the 'Return, - in beer, was not .above azr. It appeared that the Plaintiff had ) some time after he.bought' this Lease, saki he would not take a 1031. -for his- bargain. And it was con.. tended, that the Particulars - were altered, and the Plaintiff assented to every thing that was done. Lord KeNvoN said, that a Court of Justice was not. -the cheapest place. ir. the- world for Parties to. attend to learu.les)soris of morality.— They paid a great deal for them, and yet it ap. Feared, that . experience, had oat the efea_ of making some men %O i se .enough to. feel the- ina, portanee of the firstlesson of Morality. To be sure, it was never too late to Correa an error in one of those Particulars of an Aktioneer, . pro_ vided it was done before the article was sold. ; -,- lnit hese the party was so. far.frorn-correaing the mistake, or error, in the printed Partiettlar, that he held a conversatio n with -his Clerk, the purpose of confirming it iu substance. • Now, if ever tLere was a• fraud eoMniitted,- this was it fraud on the Plaintiff, for it appeared, • manifes'i. ly, that the Returns of the Business were nothing like'What they :were represented to be. ‘ One would have thought that little need be said to shew how true 'and important.. o Society the, old maxim of " Honesty is the best policy,"- It . was a Cardinal point at the head of our morai duties—but true, and important as . this niaxint was, sorne• men conducted thetrielves as if .they had never heard it. This Sale, bis Lordshia considired as a Club, in which this simple fellow, the Plaintiff, had beendeluded. If the Jury felt` the case so, they would find a Verdi 4 for. the. Plaintiff-- -Damages 331. . Verdi( for the Priliotiff—Damages Thirty ? ; three Pounds Thu Shillings. OLD BAILEY. SEVENTHDAYEDNESDA-Y, FEE.2.S* THE Trials being linishett, •rhe' Court ceedettto-pass Judgment, this day, u po n t he: ssve rat Prisoners who were convicted in the course of the Session, viz. Sentence of Death tipe;n the- following capital Convifts-:—:john'COle, Wm. Brown, JohliSaun r, tiers * Hugh Tully (a'boy of twelve years ofageji Win. Clarke, James 'Barnes, J. Branning, and J Neale': • - • INFERIOR CONVICTS. Mary flodges, as a ; Receiver ; was sentenced to Fourteen 4earsTraysportation. James'Hanson, Nathaniel harper., Edw. Har ris, JoShutt - Bray, James Dahier, Wrd.' Smith, Joshua Jones, 'Jos. Robins, Elizabeth. Garrett, J. Whitehead, Sarah Whitehead, James Wright, Mich. Cassidy, Benj. Cottgrell, Elizabeth Gray, Pat.' Ctawler, Wtn. Maynard, Rachael Mat thews, Sant. Bailey, John Strattock, James Maas, torn, Jos. Little, Jas. Brown, and Jos.'Dean Feat were severally •adjudged to Seven }Tars Travis portatior. • Three Prisoners were sentenced to Qne pia's Im)ri4anmfut, seven \to Six months, and the re-, Convils to lesser punishments, alter which the Sessions were adjourned to Wednesday the , isth of April. the Kitty, of Sunderland, coal loaded ; the Sophia, ---, of Burnham, in ballast; and ano ther ivaLdrove on shore in a violent gale, ncai• Yarmouth, .the Toth instant. The Fair Sex cannot call in a more powerful, auxiliary to enluence, their petsonar attraCtions; than \rickety's I'mperial licacl h Dress. This ar. tide gives an it- of majes e ty to the female coun ts:fiance, to tvl,lcl , cicry. ) real , admirer of a fine woman is obliged, by an irresistible impulse, to pay .a subjea'l.omagc. Vegerday morning, about ten o'clock, 11 fire broke,mit . at the house 'of ap Orange-n erconnt; ne,,r Fievt-markiiK, ‘vhich destroyed pa of the tn , ide of the premises, together with some of the owrry, but was 60011 extiniuiblicd by the time. assistance of tile firemen and engines. ••