The Sun. — London, England, 1801-03-05 00:00:00

SOLEbd QUI! DICER! FALSUM AUDISAT ? LONDON, MARCH 5, aor. THE Report of His MAJESTY'S Physicians, we are most sincerely happy in stating, conti nues to be highly favourable, as.will be seen by that of this morning: " Quern's House, March S. " His MAJEST y's Fever is stilt further abatcd. (Signed) " T. GISBORNE, " H. R. REYNOLDS.' fits MAJESTY, we understand, has had, for three successive nights, good and refreshing rest, .which has the most beneficial effeft in the pro gressive restoration of his Health. We stop the Press, to announce the report of the Capture of Batavia by a British Force. We cannot state in what manner the intelligence has arrived. Two Ilan:burgh Mails remained due when this Paper was put to Press. For the accommodation of the Trade with Por tugal, ' His Majesty's Postmaster-General have direCted an Extra Mail to be made up for Lisbon on Saturday night next, at the General-Post Office, to be dispatched in a Packet from Fal-. Mouth immediately after the arrival of such Mail at that place. A Letter has been received by Lieutenant-. General Strife° a, Commander in Chief of the Forces in the Western Distriet, from the Adju tant-General, by order of His Royal Highness , the DUKE of 'YORK, for the different Command ing Officers of Militia in the Garrison of Ply_ mouth, to make a return of the deficiencies froM the strength of each Regiment, and stating the reason of such deficiency. The Suspension of the Habeas Corpus AEI, passed by the last Parliament, was, by the Aft, dire ed to continue for six weeks from the zst of February last. It will consequently expire on the 15th inst. Lord CLONCURRY, whO has been two years a prisoner in the Tower, was brought up to the Duke of PORTLAND'S ()KU on Tuesday, and admitted to bail, himself in good. and two sure ties in zoool. each. Mr. PITT' divided, on Tuesday evening, in company which do not often take the same side of the House as himself, Mr. Fox, Mr. J. Ho RNE TooxE, and*General TAitt.r.roN. The question was f or Leave of Absence to Lord FREDERICK MoNrAGU E. The Marquis of LoKtiE is on his journey from Edinburgh to London. Yesterday 'a Court of Direaors was held at the East-India House, when the following Com manders took leave previous- to their deputing for their respeClive destinations : Captain THo. NA& WA LL, of the Dui,' of Bnce/eugh, C4prain JOHN WORDSWORTH, jun. of the Earl of Aber_ gavenny, for China ; Captain GEORGE GOOCH, of the Sir Stephen Lashiagtov, and Captain JoHN DALE, of the Nord Thurloue, for Madras and Bengal. The Court adjourned at six o'Clock till this day. RANDLE JACKSON, Fig. was unanimously ap pointed Advocate-General of Madras, in the room of Mr. StYiLl V AN, promoted to the rank of .Paisne Judge. HER MA J ETY'S Birth-day was celebrated at Dublin Castle on Thursday last. There was a Levee at four o'clock, which was numerously attended, At night there was a Ball and Supper. Lady Louts.% CONOLLY did the Honours of Lady Lieutenant at the Ball and Supper. The Ball opened with a minuet danced by Lady EMILY FITZGERALD (daughter to His Grate the Duke of LE INSTER) and Sir CHARLES R NON. Her Ladyship danced the first country.. dance with Major BRUCE. The 4th, or King's own Infantry, have marched from Winchester to Southampton, where Trans ports are expected to arrive to take that fine Regi ment on board : their destination is not known. It appears by the French Papers, that Professor CARLISLE who went with Lord ELGI N to in.. aped the Library' in the Seraglio at Constantino ple, is gone to Syria,' in Egypt. The French General furnished him with passports and she ne cessary facilities, for visiting the monuments and all the natural curiosities of Egypt. A meeting of the Whig Club was held on Tuesday, at which Mr. Fox harangued the Com pany on - the -state of the Country. Half the com mendation bestowed upon Go L DS MIT ti by Jon N soN, may be applied t o t h e M em b er f or West minster—Ntkil non tetigit.—Every subjett was touched npbn by him, and placed in that light in which the modern Whigs -have been aectistorned to v i e w it. Mr. SHERIDAN recommended the Society to tale Mr. Fox as a Pilot. We are happy to contradict a. report mention.. ed in some of the Papers, of the death of Dr. RSCH ELI. That great Astronomer is in a fair " way of perfeEt recovery from his indispraition. The Underwriters and Brokers in . Edinburgh, _ intend speedily to establish a Subscription Cof- Tee-house, for the transaction of their business, upon the same plan with Lloyd's Coffee-house in London. On Tuesda)e the id instant, was married, at Loughborough, HENRY SPOONER, Esq. of the gth. Light . Dragoons, Son of ISAAC SronsFß., Esq. of Elmdon House, in the County tdf Waiwiek, to Miss ANN JANE J6flNqoNy ~Daut , hter of tilt sate N. P., JOHNSON, Esq. of Dolcigh Field, in the. County Alf Leicogor... X • t NAVAL';. ." I '' °.' . NEWS. /11 Arco ;11111;11#1 pelagi , r;vonvit ft ilemtem. S4l NMI scdte datum. PLYMOUTH, MARCH 3. ARRIVED the Danish Ship Harmoyfie, of Al tana, Jot!AN TuostsoN master, laden with a valuable cargo, consisting of cotton, wool, fruit, silks, Arc. from Smyrna bound to Altona ; and the Danish Galliass Maria, of Fahrsund, SAMUEL OLSEN master, laden with brandy, from Barce lona bound to Fahrsund, both detained by the Earl St. Vincent Privateer, of this Port ; also a Swedish Brig, laden with salt, bound to Stock. holm, detained by the Norfolk Privateer, of Lon don, Captain GOODALL: Sailed the Stiff/ante Sloop of War, on a Cruize PORTSMOUTH, MARCH 4. ARRIVED this day, His Majesty's Frigate Alcmene, from the Channel Fleet. Sailed the Harp, Sloop of War for the East ward. Arrived the following Ships, under convoy of the Aurora Frigate, from Lisbon, viz. YhTnix, JOHNSON, from Lisbon for Hull, with wines. John M'Donald, HARD, with fruit; Swift,Mkass F. a, with wiles ; Blenheim, WEllsrut, with wool, trorn Lisbon for London. , Wilding, SPARKS, with rays , &c ; Bellisarius, EMM with rags, &c. ; Queen of Naples, LEACH, with rags, ere. ; Diligent, PIK E, with rags, &c. from Leghorn for London. Bonetta Transport, SWAN, from Malta, with Troops. All the above Vessels are put under Quarantine at .the Motherbank. By the Ship Asia, from the Coast of Guinea, we learn that His Majesty's Ship Melpomene, Capt. Sir CHARLES HAMILTON, has made an un successful attack on the Island of Senegal, in which Lieut. VI v rmi, of the Marine Corps, and ten men were kilted, and several badly wounded. The Hazard Sloop of War is appointed Con voy for Cork. Capt. GEORGE SARRADINE is appointed to the Hound Sloop of War. SHEERNESS, MARCH 4. SAILED His Majesty's Ship ity.rffir, of 21 guns, Capt. GRANGER, for Yarmouth. The Ilydr;z was taken into Dock this day. E. To PARK RR, Esq. is appointed to, and has taken the Command of, the Trimmer Fire.brig, fitting out at this Port. YARMOUTH, MARCH 4. Alt RIVED El •Ite;# renu'French Lugger Pri vateer, of 14 guns and 45 men, from Calais ; had taken two Sloops, one of which, the Adven ture, fIAzLE wool), from Hull to London, with potatoes, is re-taken by the Speculation, and brought in here. The Privateer was captured by the Cabourg Brig. DEAL, MARCH 4, His Majesty's Ships Defence,- St. George, Ras sel, and Warrior, sailed this morning to the Northward. The Camel Store ship, with the East-India Company's Ships flirty Castle, Charlton, Duke of Montrose, Dover Castle, Calcutta, Ilindostan, Lard Hattolesbury, True Briton, Hope, Windham, Lord Duncan, Admiral Rainier, with 300 Sail of Vessels, outward.bound, sailed this afternoon to the Westward. His Majesty's rire.ship Ahao, Di/con:cry ,Bomb, Bouncer, Force, and Teazel-, Gun-brigs, arrived last night ; and the Saturn, and Bellona, 74-gun Ships, this morning, from Portsmouth ; and they remain with the Overpsel, Racoon, Dart, and Gannet. The Worrier, of 74. guns, Capt. TYLER, got under weigh yesterday afternoon to proceed through the Gull Stream for Yarmouth Roads ; and the Pilot mistaking the Buoy of the Fork for the Buoy of the Brake, she soon after run on shore on a part of the Goodwin Sands called the Bunt, where she lay all night in great danger ; and this morning two Deal Boats suc ceeded in getting her oft' ,the Sands, and they concluaed her safely into the Downs. The' Ship, it is said, has not sustained any in jury. Too much praise cannot be benowcd on the Boatmen, who, .by► . their extraordinary skill and exertions, have restored to their Country one • of the finest 74..gim Ships in the Navy. . HULL, MARCH 2. IT is much to be feared that the folImr;e1r ; ships, coal laden, on their passage ,from . • to London, - ire lost near Yarmouth, wi:h alt Lands, as the owners have received several letters From that place, iliclosing Indentures, &c. which have been washed ashore: the Peggy, of How den-pans, Capt. Tnomits Aitt.tttßONG ; 4vei•alice, of ditto, Capt. JOHN MANNERS; the Eliza, Capt. DOWELL ) of -Shields; is also lost at Boston Deeps, Lincolnshire ; crew saved. The utmost affivity is employed in equipping the Fleet for the North Seas. Lord NaLsox has already come round to the Downs with his divi sion, and it is expened that the whole will be ready to sail from Yarmouth in a few days. The, 49th Regiment, and a number of Riflemen, as well as an unusual number of Marines, are em barked on board the ships to be employed. A great number of Gun-boats, Fire-ships, Arc. &c. are likewise assembled. A considerable number of large North Country ships, have been cut down at the different yards in the River, and are converted into Gun vessels for the Naval Expeditions in tile North Seas.— Many of these vessels will carry eighteen 32_ pounders. . An order has been received at the Custom house of Newcastle, from, the Admiralty-Office, to prevent Ships which have obtained licenses to sail without Convoy for liamburgh, from pro ceeding for the present. Earl ST. VINCENT, we understand, does not mean to make a single addition to the List either of Post Captains or Commanders, till all on either List, who are callable of it, are brought into service. The truth is, that 5431/le of the best Officers in . the British Navy hare long been unemployed—Among these we may well reckon the First Lieutenants of the Squadron under Lord 1•It LSON, that ateliieved the glorious victory of the Nile, who were very justly and properly promoted upon that memorable occasion, but few or none of whom have since been.able to get into aaive service. The Lady !Mart Packet, Capt. DORSET Fr L LOWEs, now lying at Falmouth, is appointed to take out the Halifax and New-York Mail for this month. She was lately launched at Liverpool, and is supposed to be the largest and handsomest Vessel, as well as the most convenient for accom modation, that has been built for the service of Government during the War, and carries 24. and 12 : pound carronades. Letters from on board the Excellent, of 74 guns, Capt. STOPFORD, dated the 24th ult. offQuiberon, state, that a Flag of Truce was sent into L'Orient, where intelligence was received that the Lurch,- Cutter, of 12 guns, Lieut. FORBES, supposed to have been wrecked, was taken and carried in there by a French Lugger Privateer, of z 6 guns . Lieut. FORBES, his Officers and Crew, were well. The Kent East Indiaman, which so bravely defended herself against 4 - French Frigate, in the Bay of Bengal, mounted on:v 3o guns in the whole, and had only a complement of 107 men. Her musketry consisted of sixty stand of arms. A Letter from Malmo, in .weticn, of Feb. 6, says—" Our (Swedish) East India Compaq has received advice, that two of their ships, viz. the Gu:ra2•xr, Capt. KERMANSKI ELI), and the West G;zblaprd, Capt. NissaN, arrived at the Cape in the latter end of January, homeward-bound. It i$ much feared that they will fall into the hands of the English. Our Meichants- suffer much by the interruption of their trade with England. as no good,s on English account can he either for warded or disposed of." A Letter from the Greenland Committee to a Merchant in Hull, mentions, that the Admiralty have appointed a Frigate to sail from the ;gore the Ist of this month, as Convoy for the Green land and Davis's Streights Ships she will call and wait one day for the vessels from thence, who wish for protedion. The Frigate is to pro ceed with the Ships for Davis's Streights, anti wait to proted them during the fishery ; but it is not thought necessary for those to Greenland, to have convoy further than Shetland. The William, of Sunderland, Master's name noNcArt, was taken try a French privateer on Friday se'nnight, off the Yorkshire Coast, and all the people taken out except three, who, with five Frenchmen, were ordered to steer to: Ham. burgh. The carpenter, who happened to be one of the three left on board, found means to choak the pump, and then persuaded the Frenchmen that the vessel was sinking, at which the Fiench_ men relinquished the charge of the vessel to 'her own people, who brought her into Sunderland Roads on Sunday morning last. The Frenchmen arc now lodged in Durham gaol. THE ORATORIOS. Covent-Garden. THE celebrated Requiem, by MOZART, Was repeated last night at this Theatre, and was high. ly applauded. This fine composition, constituted the first parr. The second and third parts con. sisted of selea Ayorks of HANDEL. The whole was performed with correaness and animation. INCLEDON'S fine voice appears tolnuch greater advantage in Sacred Music than heretofore. His " Scund ah alarm," was yery impressive. Miss TYRE R is a great acquisition. Hay-Market., The Oratorio' of Redemption, seletted by Dr. ARNOLD from the best of HArton., attra(ted very numerous Audience to this place last. night. MARA sung with her dsuai excellence, particu.. lady " Lad; remember David." Mrs. Mous- TAtzes " He was eyes unto . the blind" received much applause. WE LSH, VA.VOZIAN I Miss MAR TYR, &c. severally contributed very successfully to.the- entertainment of the evening. "God Save the King," was given,• with additional stanzas. Considering the solemn ten.. dencyofthe composition; at the present rnorhent, we . Wish MARA had not given so much flourish to this loyal strain ; fur, howevor well het- graces were execut e d, they were certainly unapproptiate. This piece Was repeated, in conformity to the fervent demand of the audience. REPORT. COURT OF KiNd's EENCII, MARCH 4. SttfiNGs urciitz LOAD actAitori AND A. ,sIPLCILL juitt i IN GVit.DitALL, LOEl2)ON• EARL Si'. VINCENT TUCKER; EEci. 'nits was an Aetion for Money had and re. ceived by the Defendant for the Pleintiff's use: Mr. ERSRINE stated, that, this was an Action brought by the Noble Earl, the Plaintiff; against the Defendant; who was Prize Agent,. for 'Money which the Defendant had received as such Agent,. for the Plaintiff's use. It was true, thaepert of the sum of Money here in dispute, Was claimed by several others ; Lord Nelson ; and 'other gallant Admirals, who contended that they ought to re ceive some of it. Lord Keith Was also supposed to be intitled to a part ; but there was one-gene ral observation to be made, that might, . perhaps; remove some difficulty from the minds of others, besides the Parties in this Cduse, which was , this—lf the Noble Plaintiff, in this Anion, ob tained the Verdiel of the , Jury,' that would not - preclude any of the . NOble Persons,'who now con ceived themselves entitled to this anoney, or any part of it, froet asserting that right afterwards in a Court of justice. The circumstances of the case were shortly these : lii U: tuber 1795 3 Earl St. Vincent was appointed ComMander in Chief of His Majesty's Fleet_ in the Mecliterranem. While they were employed on rilat station, the Commander gave orders to Captain Dighy to cruize on the North-West - Coast of-Spam ; and during the time he was so, and cruizing under such orders, he made a capture of two Spanish Ships, El Thetis and Santa Brigida, which were libelled in the Court of Admiralty, and con.. damned as Prizes. Now, upon the general Law of this Realni, all Prizes belonged to the King in right of the Crown ; but in consequence of vari ous Ads of Parliament, made for the encourage ment of the Officers and Men in His Majesty's Naval Service, the Crown had been made to di-1 vest itself of that general Right, and of-regulat ting the Distribution of Prize-money. And in the beginning of every war; there were Procla, mations issued abridging . still further the Right of the Crown to Prizes, and .fur the further En. couragement of His Majesty's -Nav a l Service, and regulating the Distribution 'of Price-money, in manner therein mentioned. Earl St.. Vincent obtained leave to come home ; but while he did so, he continued to be the Commander in Chief upon that Station, and this Capture was made while he continued as s uch Commander, and, . there. fore, there cottid he no doubt of his right to tht share he claimed of this Plize-moncy.' - The.ATTORNEY GENERAL was of ' Counsel - to take care of. the interest of Lord Nelson, and served, that there would be no difficulty in this matter, if the Parties would e:ome'to proper ad missions, &c. Mr. ERSKINE observed, that all these Officers were dear to their Country, and friends to each other, and, he hoped, there would not be any difficulty in the final adjustment of the whole of this business; in the mean time, when the case was proved, that these Ships were taken 4y the force which was under the command of Lord St. Vincent, he was intitled to a Verdia for the sum claimed. Captain Digby proved, that he acted under the orders of the Plaintiff, who was the Com. mander in ChicT when he took these Prizes off the Coast of Spain, and that the. Noble Earl was the Commander in Chief on that Station, until the Captain came to England. Lord KENYON observed, that this case came upon him unawares, and. that if he had received previous intimation of the nature of it, he would have looked into the Mls of Parliament and the Proclamations, which he had not had an oppor tunity of doing. Verdia for the Plaintiff for his Share of the Prize-money, being 96711. Bs. PEMBERTON Z. TiINNO. This was an Aaion brought by the Plaintiff; Mr. Pemberton, a young man, who had entered into a Partnership with a person of the name of Kent, in the Hamburgh Trade, and had•brought in a capital of soool. ; to recover Damages of the Defendant, who is an American Merchant of eminence, it was said, for having given of Mr. Kent a Charatier, which was the inducement to the Plaintiff's friends to go into the concern, and which ended in the ruin of the family, as it wag said, the Firm of the House of Kent and Pember ton having, in a few months, become Bankrupt.' Mr. Kent was a Prussian by birth, was educated at Hull, and had been in America, and had been Clerk in the Defendant's Counting-house, and the Defendant had advanced him large sums of Money to put him forward in business ; and had given a very good Charaeter of him to the friends of the Plaintiff. The trial cook up some hours; an attempt to give any account, short of the whole of it, would only give room fur complaint; that must, therefore, not be attempted by us at present. The Jury withdrew, and in about a quarter of an hour, returned a Verdict fOr the Defendant. • A Common Jura• Cause, of no public import ance, was afterwards tried, and the Sittings-then ended. Mr. Mt Lt., the translator of Deaf (mil Dumb', as represented at Drury rshe Theatre, is, we understand, the Author of some other Dramatic Pieces, which have come bat* the'Public nymously.- He has certainly itißovcd Upon his original, but he should rejea dre., .improbable story of a Wolf killed by an infrittk u The Comedy of - Thr Poor Grutirman has drawn forth the talents'of WADDY, and bbturrefor what province of the Drama he is - chiefly adapted. Donvnrigo, in Eve?:y Man in hit. Humour, has also served to display his abilities in a ;very fa vourable light, and he bas...,harkliy his equal its CharaOsys of blunt . humour.