The Sun. — London, England, 1801-11-19 00:00:00

i . arf• been 15 o f the -Mrs. :d, han in Laress.. LL eX .ast in, ow. !Ived U-, to -rev' cxcicc .ss rata cast-J/ 1 ' tC,, uccess‘ :ful no! b as .he pt a Poe°, e, xri~'r~: Conti' Readi*, r of till purse 0 He 0. 5 cadenw !ntp, gi Litets , i n Ara in thil the Pon • • parta mrs ar 4 as lb° who by till r a CO', TO, they da e %AO ° The S' 5g urc. df revall.c9 rrigV -1 1‘ 1, ;, is al l ' [Theatre* filly :raeti°ll:' has ..1 0° The I P P exxio i ` it to t " ° hough 3 SCOndatl' Feed° )r t o 01 6 d of b e ' 00c 1 171 r red I ' l° w id} :o urse . ° 1 S'Cl' 11061 tis j , entitled Breeds)artizar'i bjea # vl. / 31 % } ‘ V a g; 0 03- 0 son of 3 1 .:ons C 4 .,1 x4D4, 15 . ,„ isive r th e arty e e nai -drier °rl as Tent, interdif 0 e $ has b, 'odd [t is Icr o al Pe tO F" rll , i ; : Of C3* brD gam" aOtal] .19 1 0 ,g (I' ~~~ STATE OF PAR THERt is no subjea which is more the topic of e PnYelsation, at the present moMent,. than the State Ar Parties-41one upon which there appears to 'be tore various speculation, or more diversity of opi nion. Whatever Union of Parties 'furnishes the g r eatestt - strength of Talents to the Administration, in persons -aaing' upon the true principles of the C onstitution, we.shall wish to be made, if it can be done consistently with the just feelings of those who Unite. Men may . have 'differed widely upon t he subjea of the War, but we cannot see why, in ! t act, that circumstance should exclude thz possi.• uilit Y of Union. It is only where Men continued t° direr u pon great and fundamental points, that an iraMoveable obstacle is formed - to . their aaing together, because this eanndt be done without an , n terested sacrifice Of opinion on one side or the eth er. The conduft of Opposition, and the recent declaration in the House of Commons of •some of that Paity, , have naturally. 'led many to suppose tha t those persons are not disinclined to conned t hemselves with .Mr. ADDINGTON. There are •cir ellalstimees under which :this might be- considered 48 desirable—Mr. Gael- - is certainly a Man of Ta itnts, of Chara&er, and of high Consideration in th e Country ; but; having said this, we Must also S ay, .that he entertains, or, at least, has enter tained, opinions which, in our judgment, are re- Ngnant to our true interests, arid which, if aeted l 'Pou, would endanger that tranquillity in the Coun_ t rY to which we now all look with so much anxious h ope and expeaation. We are as little disposed to s Peak' Slightingly of the abilities of Mr. TIERNEY) a s we.are of those of Mr. GREY—Both have the beans of rendering, useful service to the State. We do not affea to know either the wishes of 14r . -A:Deir.coeoN to conned himself with those .w burn we have mentioned, or their disposition to i °ll l him, further than we can coiled from general 'PPearances ; and from commOo report. 'As we have be fore said, benefit might arise from a great Union '4 Talent s , at a period when the affairs of the Ba tson 'require much vigilance 4nki ciectunspedion ; but no jUntlion'of Parties is likely , to be effeaed Without some degree of risque,, and that risque will be In Proportion to thereat discordancy of opinions eon impOttant points, which exists between those W ho coalesce. We knout the principles of Mr. 4 bDixorott-, of Lord 14,k2weessuitY, and of the I tading til,inisers of-the present Goverirreot to be sound-,Any srep Which could, by possibility, lead to measured founded on different" principles, we , th kitirview with deep anxiety. No Government does its duty to the Public, if it lays - down a rule of r°s cription against those who have differed from even upon; considerable points—but if the ad_ /11 ' 5510 n of onerrson who has afted upon opposite ent itnentt 'to the present Administration , is to tee n to the admission of others' of the same descrip tl", and if- this should ultimately lead to a pre- Innderanee in the Councils of the Nation, we should ;,. ?t only think more lost than gained by all the t 'llent s that could be united with the Government, bet We should think such an event a most serious e Fll for the Country. We rely confidently upon judgment and good sense. of Mr. ADDINGTON Preserving us against' the dangers to which we z, ye alluded, and we are sure ,there is no Man, or l, t °f Men, with whom he will ever form any Po founded upon the slightest devi. 4t iun Pi les, 3 on. his part, from those Constitutional Prin. Pion which both himself , and his immediate e dcess'brs Piave invariably aaed, and which have t e ,- • `elYedithe sanaioo,and.appeoloation of the People. The c , follos,virg is a Copy of a Circular Letter from _ e (-secretary of the Commissioners of Customs, rela tre to the Trade between Great, Britain and Ire- icTo..; and CoNirT:RoLLzx, h flqulemen, - • . •- - t tl „'"llbtS having arisen whether the several A6ts of Parlia titv .prohibiting the importation of spirits and certain other to vessels not under a certain tonnage, or in Catks il e r 4 =kage..; not - Under a certain size, or in any other AA co contrary thereto, were not virtually repealed by the „",` 39th and 40thIII. cap. 6, so far as . relates to 'Dortations from :Ireland; and inviry having been made ,this matter is undsrstood in Englant I have it in coin to 'acquaint you, that it appears - by a Letter received Ah e rr t. Mr. Tyton, SolieitOr of the Customs at London, dated k„!, t h of_ol'..bber' last, .that. Spirits or other goods, from I reland, are deemed subiea to the same regula ri:striaions, penilties, and forfeitures,• as to the ships tie c, sks, , or packages, in which the same are imported, and t a ll nof importation, •sincethe.commencement of the c 4 a, - as before the same, Scc. 4 cPl- fic:‘se, Ediahaegh,' . le, ihi. • • Im r Monday night,. as James Jackson, Carman to 13 enjamin Travers, of•Qtieen-street, Cheapside, to s returning home- through, Chiswell-street, in with two other pecsonl, they were assault pt l)'' a. gang of villains, to the number of twelve ; 't6', lt een, -Who knocked them down, and attempted th:' } (e'JackSon's watch, which he resisting, one of k,!_illains cut hint ,itross the breast with a large 1 ' or cutlass in so desperate a manner, that he li lies in - St. Bartholomew's Hospital without A • 1 ;s of recovery. it r irly on Sunday- morning a Gentleman's house r 4 jl7 ( "vlty., .near th.bri.lge, was broke open- and p ar *.) several P (1 of articles of plate and wearing ap. is COURT OF CHANCERY, Nov. tS. DRURY-LANE THEATRE. Tuts.day came on the further hearing' relative to the above concern. _ The SOLICITOR GENERAL said, the Parties had not yet come to any agreement, having only corn-. inunicated upon the subject last night. He there fore wished for a further delay of a few days. - The LORD CHANCELLOR said, he had consider . - ed the subject with much attention, but he thought that the Virties; by agreement with each other, could do the best justice for themselves. Mr. SHERIDAN, addressing the LORD CHAN CELLOR, said, he was very sure the business could not be settled without the interference off' his Lord. ship, as there appeared to be no authority under which the Parties could act. He had received a letter, he said, from Mr. Hammersley, stating that he was ready to agree to any fair.proposition made by him (Mr. Sheridati) and on the preceding even ing he had received a.,communication from Mr. Furd, containing a proposal ; he therefore did not know how to ad amidst this disagreement' in the conduct of the Trustees. The LORD CHANCELLOR said, Mr. Ford .and Mr. Hammersley might join in any proposal, sub jed ro the. approbation of the Court. Mr_ MAtcsr tELD said, that Mr. Hammersley was perfectly ready to come to any agreement with the other Parties. Mr. SHERIDAN said, he 4:4 not mean to throw any imputation upon Mr. HaMmersley ;. he had merely stated a fact, but . he thought the Theatre could not go on without the interference of his Lordship. He was of course much better acquaint ed with the concerns of the Theatre, and more able to give information relative to it, than the Coun sel. Mr. MmisrlEL I.) had on a former day made, use of the expression, " If the Proprietors did not mean to cheat their Creditors,—" rte wished, for the purpose of answering this insinuation, to lay all the information which he possessed upon the subject, before his Lordship, that it might be seen by what means the Theatre had come into its pre.: sent situation. He wished to give his Lordship all that information upon the subject which had hitherto only come before the Court in scraps and shreds, and in a very disjointed and mutilated condition. This was his only motive for troubling the Court at the same time, one Trustee having called, upon him for a Proposal, and the other haVing madca Proposal, he was at a loss how to ad. Mr. MANSFIELD said, if he knew anything of the rule of Proceedings in that Court, it was that all information should come before the Court by, Affidavit, and not by assertion. The merits of this Case had been already discussed, but if any. person could state any new information, let him state it by. Affidavit and not by assertion. He had in that case no objection to delay., , STith respea 'to the insinuation which he was charged by Mr. Sheridan with having used, he was bound to state what was given to him by his Clients ; he had spoken according to their instruCtions, and not from himself. Mr. SHER:•DAN said, he did not suppose the Learned Gentleman meant personally to- throw any imputation upon him. The Learned Genae. man had said, that whatever information was stated should be given upon Affidavit ; he had made an Affidavit, against which nothing but assertions were made on the, other side, which assertions were, he said, absolute falsehoods. Mr. MANSFIELD said, he hoped those asser tions, which he had been instrutted to make, were untrue. The LORD CHANcit,Lott- said, the Court could as only on the rounds which were legally before it : he could only round his judgment, upon such infor mation as was contained in the Affidavits of the Parties. He had before stated, that this question was merely bet iveen Mr. Sheridan and the Bankers, and, he thought, Mr. Sheridan was bound by the orders of the Court, to which he had consented. It was for the consideration of the Court, how far, upon the whole equitable grounds of the case, the Parties were to be released from the effed of those Orders. If any of the Parties wished to he heard, he Would very patiently hear them ; but he could only decide according to what appeared upon the Records of the Court. He had no mode of withholding the judg ment of the Court, unless. the Parties brought be fore him other matters, upon which he could regu larly decide. If any person could make a Motion which should affed the merits of the case, or if any new view olthe subject could be taken and 'argued' upon, he had no objection to re-hear the: arguMents on both sides. Mr. MANSFIELD said, his Clients were perfealy satisfied without any re-hearing. The LORD CHANCELLOR said, Mr. Ford and Mr. Sheridan ,might make an arrangement satisfac tory to all parties, to which Mr. Hammersley might consent, the whole, of Course, -to be subject to the approbation of the. Court. Mr. IVIANsritiLD said, if a proposal was made to Mr. Hammersley, which he adopted, it would be the same thing as if Mr. Hammersley had made one himself. Mr. SHERIDAN said, his objeftion was, 'that neither Mr. Ford nor Mr. liamtnersley were' au thorized to make any proposal. The LORD CHANCELLOR said, he did not mean that either one side or the other should specifically make any proposal, but that. the Parties should meet, and then come to an agreement, and submit it t 6 his approbation. If what was thus agreed upon, appeared to him equitable and proper, he would approve. of it ; • but if it appeared to him to bein consistent with that justice which was due to all the parties who were in any manner interested in the 'concerns' of the Theatre, he would certainly not, approve of it, although it might be perfeftly SAtiS fdiory to the Parties aaunlly making such agree ment. Mr. SHF. R !DAN rose again to address the Court. . _ The LORD CHA CEt.IOR Said, he thought this Conversation was'endlesa, -and answered no purpoSe. Sr!ERIDAN said,: his Lordship had ob::erved, that a new view miet be taken of - the suirje&: 4 A . P, only wished to give ins Lordship some infoirouitiori in the Proceedings of the Court. The LORD CHANCELLOR said, h was impossible to have all the Parties interested in this concern before the Court. The Court must either give up its jurisdklion altogether in this case, or do justice to all the Pa i rties interested, whether the)' were be fore the Court or not. Mr. SHERIDAN said, he was sure his Lordship, in that view of the subject, would wish for every information 'that could be obtained relative to the subjeet. The LORD CHANCELLOR said, if the Parties he. fore the Court would r ut their Proposals upon paper, and submit them. to him, he would say how far he could consent to them, consistently with the in terests of all the Parties interested. Mr. PICOT said,. that Mr. Sheridan had, in stria conformity with the Orders of the Court, sent the whole of the Pit-money . to the shop of Mr. Ham,. mersley, which could not fail to involve the Theatre in extreme difficulty, and -might render it nearly impossible fur it to go on : he had, therefore, ven tured to tell Mr. Sheridan that he need not send tt Mr. Hammersley any rnore than the 451. appropriat ed for the payment of the Renters. The SOLICITOR GENERAL said, he could not help hoping that Mr. Sheridan Auld rake a day or two to consider these proposals, though there could be no doubt that Mr. Sheridan felt an extreme in_ convenience from the operation of the Orders of the Court. The LOAD CRANcEt.toR said,, he wished that the Parties could meet and endeavour to 'torte to some agreement upon the subjed. If they agreed, lte would then see how far he could consent to that agreement. ' • If they (Us:Treed, he must then decide as well as he could, for the benefit of all Parties interested. If, however,_ they could not agree, he had no objcetion to their handing their separate Pro posals to him. `lt was tlien agreed, with the consent of the LORD CHANCE L LOR, to postpone the further consideration of the subjed till Tuesday. COURT OF . KlNG'ti BENCH, Nov. 18. THE Court heard some Cases argued that came from Sessions, none of which Were in the least.de gree interesting to the Public. Ooe wiis upon a de iatire- statement of a County in Which a Pa rish was stated to be, the Order of Sessions having a reference To two Parishes, one in the County of Wilts, the other in the County of Dorset ; the Or der stating, in a part of it, " in the said County,'' instead of stating the " said .County of Wilts." Lord KENYON took occasion to observe (and we state the fad for the sake of the.Comineritaty), that a considerable time ago, a Statute was passed to empower Justices at the Sessions, to alter Orders af ter they were made, that is, to alter Orders as far as it related to matter of farm ; but, however, it was, some how or other, soon afterwards disco vered, that every thing was matter of substance, so that that Statute had, from the hour of passing it to the present, been a perfectly dead letter, for he ve rily . believed, that At of Parliament was . never made to apply to a single. Case. In the course or discussing a Rule, calling on a Plaintiff to shew Cause why a Defendant, charged in Execution at his suit, should not be discharged, on the ground that the Note which had. been given to-him for the payment of the 6d. a day during his continuance in prison, that is 3s. 6d. a• week for• detaining him, did not express that he should be paid the 35. 6d. on '' Monday in every week," as the Aa of Parliament required. It was contended by the Plaintiff's Counsel, that the Defendant had waived this objection under the circumstances of this ease ; for that he was examined in Court, and on a Proclamation forhis discharge, the Plaintiff had given him a Note, which was the Note in ques tion, and had paid him the money- in Court, which he accepted, without - making any °Nation. That, he had been paid afterwards, regularly, for several weeks, in pursuance of this very• Note, and, that he had continually received the money without making any objection ; that the Plaintiff was willing to continue the payment of the 3s. 6d. weekly, and that therefore, under all these circumstances, he ought not to be discharged.--But Lord KtINTYON .observed, that the pra&ice of the Court had been settled by a decided Case, that the NOte. must be for payment of the Money " on •Mon. day in every - week," and therefore. this Note was insufficient. That with regard to the supposed Waiver of this ohjeAion, prisoners were persons in duress, and that the Court must take care, that if they have not made objedions, of which they were entitled to avail themselves, at the moment they arose, the Court would not hold them . to the same stridness in that particular as those who were at liberty, and would take notice of objections on their behalf at other times when atcy were made.— Rule for time Defendant's Di3charge absolute. At twelve o'clock Lord KENYON - satat Nisi Prins, but as usual, at Sittings in Term time, the Causes were unimportant as to public interest. O'BRIEN v. COOPER. This was an Aaiun upon a Bill of Exchange, dated the zoth of Deceniber, 1800, payable three months after sight, for 250 guineas, draWn by R. Slade, and accei , ted by the Defendant ; The Defence was, that this Bill was negotiated or. discounted by the Plaintiff, for Mr. Slade, Who was a dealer in pi lures ; but who had become Bankrupt ; that the Plaintiff took, upon such dis counting, usurious interest ; that is, he had taken interest for the Bill for I'2 months, whereas the Bill had only 3 month.., to run, which -was four times as much as he was entitled to by Law. ' Mr. Slade was called, and he stated that the Plaintiff called upon him and requested to know yltether he wanted any Bills discounted? to which . the \Vitnes replied in the affirmative, and tendered him the one in question, for which the Plaint iirgave hiin aDraft upon his Banker for 2301., thereby se_ serving to himself the sum of 321. tos. the interest being only It was contended on the part of the Plaintiff; that :this Witness was not worthy of credit in this case ; but . . consisting of a speech only, a..as not to have match weight—:Christian Charity entitled it Witness to credit tkbilc he gave his evidence in t Court of Justice decently and properly, unles What he .stVIDIT was encountered by some other evidence. In this case theWituesi had no intc;est whatever i 3 telling a falsehood, and if the Jury helievei w!),+: he swore ] the Defendant would be eiititlea to a Verdict. The Eiti had no usury in its origin, - but if there was usury in it in discoubting, there was an end of the Plaintif's Case. Verdi e.± for the-Deflindont. • RICUARDSON el,. CRAIGHEAD. This WAS an Action to recover tool. being the penalty for non.perfounnuce of an agreement which the Defendant hnd enterer into tut taking - house, which was let to him by the Piaintilr on the Li.th ofof.tober. It appeared by ;he evidence a Broker, that this agreement was entered into between the grin ties, reduced to writing,. and duly stutnred; but which he hadlOst : he had, however, taken a copy of which he produc&i. He said, that at the _time the a greanent was entered into, the Plaintiff' and the ''- Defcndant had some conversation about the q...L;nzi- • tity of beer sold and liquor consumed, and' that the PlaintiffotTered to shew him °his hooks to .see the amoent of his trade, bat the Defendant said ht.-. Would not look at them at all, that he,did not want to look at them. The Defence was, that the Defendant found he had been impuicd upon by, the:faise r.prc , :ethation /which the Plaintitr made of the trade of:t.;.e Lord KENYON. said, that if a man chooses to ! - ;:ti his head against a wag, 'no body could heip h.-- Here he did not clime to look at the b . toks, aid if he was imposed upon, the Ctuit was his own--U !:e made - a bad bargain nobody could help it, and there, was no reason why he should not conform to his• engagcmentS. _ - He had paid zol. deposit, and therefore that stun being dednded, the Verdict was for the Plaintiff— Damages aol. PUPLIC_OFFICE, BOW-STREET. Tv EsbAY eliening three young men were lrotight in custody to this ()like, by Mayhew and another of the Patrole, who apprehended them the same evening in the fields near the Shepherd and -Shea_ ' herders, City_Road, on suspicion of being tOotpatlS. On the exatnindtion of the Prisoners before Mr. BOND and Sir Wm.Pta“o us, it appeared that trey were found standing together in a held, and at which time it is suppoied they were loading their pistols, one being found on them, with a quantity of po - u, , der, - and another with some cartridges of powder, close 'to the spot where they stood. The Prisoners names are Thomas B :ckingham, Daniel Buckingham (btothersh and Winiai n :dills. zub c account they gave of themselves to the Mrgistrates not being at all satisfactory, they were c, , mmitted for further examination on Tuesday next. A+armer was conviaed for selling 33 trusses of hay short of weight, and was adjudged to forfeit the full penalty of ss. per truss, and cysts, Yesterday an information, brought by Sitllwood, the common_ Informer, against a Pawnbr,:ker, for taking more interest .than allowed by the late A6t of Parliament, came on tt4 be heard before Messrs. GRAHAM, REID, KrtinteartD, and Nion, the Sitting Magistrates. Mr - . KNAPE attended for -the..prtr.ecuzion, and in his opening, acknowledged that the prosecution was, carried on by a common Informer, for the purose of recovering the penalty. Mr. ALLEN, the Clerk of the Peace for West minster, who attended for the Pawnbrokets, took an objealon on this ground, on account of there be. ing a clause in the AEI of Parliament, which says, that when the party is aggrieved, they shall dpply to a Magistrate, who shall dire the Churchwar. dens and Overseers of the Parish where the party resides, to carry on a prosecution, and in case of a convittion, one moiety to go to the party, and the other to the Poor of the Parish. Mr. KNAPP, in reply, contended, that the Le gislature never could mean that no informers should prosecute under this A6t, because, if they did, the whole Aft of Parliament. was only waste paper ; for there was hardly an instance known of a prosecution being commenced by an aggrieved party, and that the meaning of the Parish Officers being direaed to carry on the•prosecution wgs, that in case the party was too poor to pay the expehce, the Pawnbroker should not go unpunished ; besides there was another clause, which said that no person having been found guilty of n frltud, extorting mo ney under false pretences, or felony, should be ca.,: pable of informing, .which ceriainly must have had in view an informer. The Magistrates not agreeing in their opinion, the Question was adjourned to a focure day, and on this will depend .47 other informations, which are commenced by the same Informer against a number of other Pawnbrokers. On Friday night 'some villains broke into th-: King's Bench Oilkse, Temple, by getting over two gardens from the River, and opened all the do in; and drawers, but found nothing of value. The Duke of Kent, Porter, from London to South. Georgia, was well on 28th Sept. in lat. Z. N. long. 24.. W. The Kent, Bunker, from London to the South Seas; ~and the Cartaret, Scott, from ditto to CNN:: of G6od Hope, have arrived at the 'staid of Mayo, Where they: each lost two anchors And cables. Thr John (Transport), Burdon, is lost on the Rocks near Marseilles. The people and ship's ma... terials saved. • The Albion, Have, from Newcastle to London, is lost near Yarmouth, and the crew. drowned. The Allison, Burn, from Newfoundland to the West Indies, has been taken and 'retaken by the Beaver and O:ter, arrived at Surinam. _ The. Spcedwell, O'Brien, from Waterfoid to Newfoundland, foundered at Sea,—Crew saved, -•a . b!::31 - i7 1