The Sun. — London, England, 1804-02-11 00:00:00

NitP 4 L N L :i, .s*. tTeRBAY, FE B . g.—:Arrived His Majesty's Ship hearatzt from a Cruize ; and the Cerbere Gun brig, with dispatches from Sir jAmEs SAIUSAREZ, baud to Plymouth. 4 LUOUTI4, VES. B.—Put in here this day by I%ntrary wind, His Majesty's Ship Fisga,d, of 44 Suns 't and Hound Sloop of War, having under their carr ynY the outward bound West India Fleet, about tWentY Sail, among which are the following : xe4agle,Crutcheli, and H arvey, S mellie, for Tobago ; lane,. r nan, for W est Fl orida ; Ann, Clark, for Grenada ; A ta -1(1tel Jenkins for Kingsto n ; V a li ant, Goodwin, for the 'l' of Ir4thliondur ' as ; Sir f. B . W arren, Hunt; liatona, Ma .netara; .Marian, Wilson ; ari d C rescent, . M'Asg 1-.) 111, for - MThe pr;nre iLlo/Ibur Packet, BouLDFIVON, With a ils for America, and the PortugueSe Schooner P°l "tet for C a di z, which sailed last evenin,put bdck again t hi s day, g p Also put in 44 here, Hi s M a j esty's Sh i p Naiad, of guns, Capt. WALLts, after experiencing bad w eather much betwe en Plymouth an d t hi s P ort ; hay ing On board sealed orders, Or_ned tilt she which a r e not to b e reaches, a certain latitude ; arrived ths: the P;s gcerd, Wi th 'a Convoy outwar d - b oun d ; Portsm outh an "as F ugate Convoy ifija„le Slop of War from 'Vessels: bou n d to Cor k I p , also the following HoPe, liumpreys frm,.. b • • Iklea) k r ' .-"" ' °° 'e, for Liverpool ; Providence, from to oat Portsmouth, for Cork; Manchester, Skurry, 1.14") for I)4b lin ; Lord Lenno*, Hutchinson, from tortsrnouth fo yarrn,„t, , ' T . St. Michael's ; Zealous, Bentley, 'from for _ i for Liverpool; Union, Rogers, from Waterford, i LonclOri; and Country Lass, Worth, for Newfoundland. ,)04tte tsuoxrra,lP:a. t o . Arrived the Mc/Pm"' irrigfrom a Cruize. S 4 iled the Barletta Sloop of War on a Croix!. Went out of Harbou r the ..Worzo Sloop of War. ••••••••••••••• bEikte, FIB. 10...-Arrived His Rattie r f rom the Majesty's Sloop N orthward, and rema i ns ; and tbz Curlew Sloop 'from a Cluize o ff the Coast of l i 'rance. The in:mop/ante and L e d a Frigates , Lark Sl d a r essor, Starli ng , L ocust, and Arther Gun-brooigs, , and Millbrook S c h ooner, sailed B C su i ze off the Coast of s aft ernoon on F rance. re thi s The David Scott East Indi a Sh ip put back, and niains. In the Downs—Monarch, Utrecht 'lllustrious, Raiso"- abler,,A.p.olcleo, Brilliant, Cianipin, 'gre w Squirrel, Vulture, p ast .% vs ainnig;,;,irtiaLP3r, ic , attler, Curlew, Speedy,. Slo f3 p n s ..; brigs ; David Sco y tt Errl3l3thalaick_all, Basi . lisk, and Snipe u t ward-bud. g a flip, with a lar ge Fleet ou .........e YkaMOUTRI FEB. ro--The 1-I.)n. Mr. P AGET and Suite arrived here from they a re expen Town this morning ;vv ed to embark to-morro an bo ar d the Earl of Leicester Packet, Captain THompsoN, , for th e C ontinent. Sail e d the Henry Addingto n , NE ALE, to Liver- pool w i th corn, BOARD OF ADMIRALTY. —_ __. W E pr om i sed in a form er Pap er to submit to the wh publi c opinion, ethe r we merited being brought to Justice for contending, that those who condueted the -Affairs'of the Nation cnght to do their duty. It has been stated, that the Public had sustained a 10.4 s 0f.60,0001.---well it had been no more. But to the Poisiti4--We ask the Public to decide, whether there Pais not been the time to bring away the Naval and Military Stores from the Cape of Good Hope Alas it, is too late ; for the Dutch have seized tbe whole I.' Nigh • wh en at up the n ape, the Ad • was finally determined to give ra ,ummanding a s sent out orders to ;he Officer of the INT v.l F . oree to e mbark tbiis h_ the Garrison, all the the and a j s , 4 ' • tent, Stores, Ca n Aturnunizaryc.b.: & s & a c. At this period there were only three 6o gun ships .and a frigate to do all this : the Tremendous of 7 4 . and Lancaster of 64 gt:ns, were ordered. to t he East Indies. The shids were so deep in the water, with she troops and stores they had on board, that they could not have fought their lower deck guns had they fallen in with ao enemy No 'Transport r 0 'Vend could be procured at the Cape to assist, the consequence was, that a Naval and Military. Corn nissar were left in charg e of stores, viz. salt pro. 'Pistons, medicinal stores, gunpocvder, spars, large inchors, cordage, and various other kinds, besides a considerable pantity of stores belonging to the East India Company. The Dutch GovernMent purchased largely, It - d paid in part. However, the result has been, that rtot a ship has been sent out to bring any thing away, consequently the Governor of the Cape sum. niond our Commissaries to delive r up, not only the stores, but the money th e y h ad in hand ; we have heard roo,oo o d o ll ars. Thus the loss to the C ountry is not less than tOo,oool. Sterling.. Have not the Public a right to look for vlgilance, .foresight, and good contlud, in those persons who have dismissed numbers for negieft, embezzlement, C. as we have been told, for the charges are not Yet proved. Befor e w e say more we shall wait to he answered in The Times. \Ve have long been in possession of the fads in part ; our Readers may recotlea we hinted at this two months ago. It is `"elf known to both Army and Navy that two 74's Would have retaken the Cape ; the Dutch Troops would have joined us, and the Inhabitants had been au oppressed, that they wished for our return. We shall see where Ltrio ts i i go ne ; if to the Cape, Lt it lost ; for there is reaso n to imagine that t he Uut e h ,for who escaped out with three sail of Ferrol of the Li oily be also there, in which ''',4llt the Enemy vine , av fo ur s a il ( fi the Line and ON ell Itrietet h it, look arier our inaiamen. know that the . AThion, Russel, and Sceptre, of 74. guns, are gone to the East Indies, but they will not go near the Cape. Whenever we state negleCts in the Naval Depart ment, we are told in the Times " that the Commis sioners ailing under the Bill for inquiry into abuses, are rendering the greatest service to the Country." —Will this loss of national property be inquired into by them ? We shall shortly have some questions to ask re. lative to the treatment of Mr. ADAMS the Ship. builder—Also why the Cutters - offered by persons at the Cinque Ports arc not accepted—About Mr. MARSHALL, the late Builder at Plymouth, and Mr. Tv c KER, the present Sub-Secretary—Indeed we shall have a great deal to talk about, so we give the above to the Times by way of a Brief, A Paper of this morning contains the following Article: " A' circumstance has occurred within these few days, to which we are bound to call the attention of the Public, from the effc which it has produced on the minds of every - Officer in the British Navy, to whom it has been made known : Lord Sr. VINCENT has, for several days, been so ill, that he was obliged to quit his Official Duties, and to retire to his seat near Brentwood, where he has been confined to his bed, and has left the Details of the Admiralty Board to the two Gentlemen of whose Official Condo& their Senior Officers have had so frequently occasion to complain. . " A Letter has been written by the Order of the Board, that is to say—of these two Gentlemen— and of a third Lord Commissioner, who probably did not know the nature of the order be was giving, to one of the most respedable Officers in the British Navy, very high in the Service, and one to whom the thanks of the Public have been lately universally called for, by an exemplary and distinguished dis. charge of his duty. The letter in question is con ceived in terms so very improper, and so very in decent, when addressed to an Officer of this de scription, from those who, though seniors in rank, are juniors in service, that nothing ought to induce the re spetlable Officer in question to submit to it, but the desire of throwing a veil, if possible, over that official misconduct} which has already manifested itself in so many instances, to the detriment and injury of the Royal Navy. We may, in a few days; have some farther observations' to make upon another point of Official Orders, originating, as we believe, in the same quarter, which will require all the eloqueuce of both these Gentlemen to explain to the satisfac tion of Parliament and the Public: But at present we are silent, that we may not prevent the promo. tion which is intended to gag Mr. —'s mouth." It is now asserted that a Copy of the Proclama tion which we gave in our Paper of yesterday, pur porting to be a Proclamation prepared for circula tion in the Invading Army, has been in Town for some days. It is stated to have been transmitted to a Member of Parliament, inclosed in the follow. ing note : " 12th Year of the Republic. " A literary man, formerly acquainted with you at ----, but plrtieularly at --, and who can even boast of Navin then received marks of your esteem, has the honour of trans mitting to you a Provisional Order of the First Consul, which appeared to him highly interesting to your Country, and your good Krxc. It would be usdess, and probably hazardous, to mention the strange accident by which such a produaion has fallen into the hands of him who addresses yOu. But he is impatient to enclose it to you, and to offer you farm the bot tom of his heart, his warmest wishes, that England, that last bulwark of Europe, may have its eyes adequately, and in time, opened against the atrocious perfidy of the Tyrant who lords it over France." We must be permitted to say, that the story al together is a lame one, and we have great doubts of the authenticity of the Proclamation in question. Private accounts from the Western Departments of France describe that part of the Country to, be still in a state of considerable agitation. In many places the Military have been attacked by the Pea. sants : old animosities and hatreds have been re vived, and have caused an open resistance to the execution of the law of Military Conscription, not only in the Department of Deux-Sevres, but also in La Vendee. These scenes have not only spread alarm through those countries, but have also occa sioned the march of Troops and military execu tions. The General of Division, GouvtoN, has been charged by the Government with the suppres sion of those symptoms of rebellion. He has taken the cominand in chief of the Troops destined for that enterprize ; and has established his Headquar ters at Palluan, in the Department of La Vendee. An extraordinary Military Commission has been formed, which si's at Bressuires, and has already sentenced to death Moittrr, forrlerly a Chouan Chief, for having excited disturbances in the De. partment of Deux Sevres, and JOSEPH PIVETEIU, for being chief and instigator of an insurrection in La Vendee against the execution of the law of Mili tary Conscription. Intelligence was received in town on Thursday, that an embargo had been laid on all vessels at Bourdeaux, and that all the merchantme n at that place, to the number of about so, had been taken into the service of the Republic. The same accounts state, that there are about 250 flat.bottomed boats at Bourdeaux, and that much adivity was employed in fitting them out. Since the present War, sixty.two Works or Pam phlets have been printed in France, concerning the Maritime Law of Nations;' thirty-six concerning former Invasions of England, and the probability of succeas in the present attempt ; and twenty-four different Maps of England, Scotland, and Ireland, indicating the roads and tides, the property, the charader, or prejudices of the inhabitants, &c. A forged check for 7+ll. was presented for pay ment at a respeClable banker's in Lombard-streer, on Tuesday last, and duly honoured. It appears the party pr;)ceeded immediately to the Bank, and changed the notes for smaller ones. The city officers are on the alert, but have nut yet been able to -apprehend the perFetrator, dISHFORD, Vr.v. THe E..M Middlesex'RegiMent marched into this place on Monday from Brabourn Lees Barracks, and formed the line with such precision, after a march of five miles , as attraaed the admiration of the re gular Officers quartered here, who crowded the streets to see it. Having halted for ten minutes it marched back in ordinary time towards the Barrack. This Regiment is, now-,so very strong (nearly fourteen hundred men) that on field-days it is generally exercised as a Brigade of two Battalions. There was a grand field day yesterday of Major- General STUART'S Brigades on Sellenge Lees; the Major-General commarded,,attended by his Aid du-Camp, Captain DE LADE, and Brigade-Major Lieutenant-Colonel ERSKIYE ; the Regiments took up several new alignments, and formed close columns . on different Companies with the greatest order.— Wben.the line was again formed, it advanced in a most excellent manner, and concluded with a charge to the entire satisfaaion of the Major General and numerous spelators. The Brigade then marched back to the Barracks, where the West Kent were inspeaed by Major General Fogs es. The Eclipse of the Sun which took place this forenoon, was not visible in the Metropolis at any period of its duration, from the atmosphere being cloudy. It rained during the greatest part of the forenoon. The new Comedy of The Soldier's Daughter drew a very numerous audience last night to Drury Lane Theatre, and the Piece went off with very great eclat. The Tragedy of Irabei/a was represented last night at Covent-Garden Theatre, and the heroine of the piece .was supported with exquisite skill by Mrs. SIDDONS, and KEMBLE performed Biron in a very interesting manner. The House was nut well attended. HOLMAN'S Comedy is to have, the best support of . the Covent Garden Company. LEWIS, in a very handsome manner, has taken a Charader in this Piece. The manner in which the singingWitrims in Mac beth generally appear has been very justly censured. They rather look like Courtezans at a Masquerade than those terrific Beings who possess supernatural powers and influence the course of human events. As Mr. KE . MBLE has made some judicious reforms in the revival of our older Dramas, we hope he will attend, to the detail of a Trzciy which, is one of the very first produffions of ourgreat Bard, and not suffer it to .be rendered ludicrous by tiariry and coquetry. 114LmAN's new Comedy is rehearsing every day 1 at Ctivent Garden Theatre, and is expelled to be perfoimed in about a fortnii, , hi. 'Tile title is not yet settled, • but report • says -.it is to he called " .London." The • The MAsQugtADE which took place at the. Theatre in the : Haymarket,. : on Thursday night, .. was very numerously:a t t en d e il. .A niore than usual number went in charaelers. Among the most pro minent Masks were, a Madman, aroyman, an Old Maid, well dressed and supported ;• a Tinker, w e ll supported ;.a.Turk, sev%!ral Ifariega;t7s-w-ith-- out aEtivity, and Clacwns without humour.; a good Genius, a Highlander, . a rolunteer,, a vast number - of Gips ies, Fortune Tellers, and Beggars ; several. Housemaids, and Cham&rinaids ; Sailors, Country men, Carters, Tailors, Hair-dressers, Irishmen, and a Blind Fidler ; there were also of course several Dominos. This motley group danced together, and seemed in high spirits, and well-pleased with each other. At one the Supper-Room opened, which was very plentifully supplied; the supper and wines were very good. After Supper the dancing was renewed, and it did not finish till.day-light. It has been asserted in some of the Fashionable Papers, .but -we cannot believe it to be true, that the French General Bayer, who is now at Bath, has been particularly noticed by the Dutchecs of DEVON SHIRE. MS will appear the more incredible when it is known that this same General Boy ER is the man who commanded the Brigade that shot the Four Thousand Turkish Prisoners in cold bloodat The LORD CHANCELLOR, by giving the Vicar_ age or Loicley, in Warwickshire, to the•whimsical Author of Salmagundi, Topsey-Tur , vey, Src., &c. seems resolved that the Parishioners shall have some humour, to relieve their more serious dutieS. It is - gratifying to find that men of real talents, and who employ those talents in support of right principles in Church and State, have their laudable exertions thus rewarded by Patronage. Mr. ERSKINE has obtained a signal 'vi&,y over some of his gon.vued Blethren upon the subjed of the Volunteer Service, and we doubt not that,' in his military capacity, at the head of the Knights Templar:, he would be equally triumphant over the Enemies of his Country. Yesterday Mr. CLAR lac?. started, from Hyde Park Corner to trot his Mate thirteen miles on the Richmond road in an hour, for a wager of 2o guineas, which he performed in two minutes and an half less than the time. At starting the odds were four to one against her, the appearances being against her. It was agreed if she got into a gallop she was to, stop and turn about, which she did several times. A few days ago died, Mr. Jot] Nr ME LL ER, of Lane End, in Staffordshire, aged 106 ; lie was at tended to his grave by thirteen friends, whose ages amounted to r 296. A Company of 200 Hanoverians, destined to join the German Regiment, passed yesterday into Town over Westminster-bridge. They appeared in high glee, and sung the tune of " God save the King," without knowing the words. They are most of them fine young men ; and the Company was fol lowed by a considerable number of women. PUBLIC-OFFICE, HATTON-GARDEN.-YEStEr. day a great many Publicans attended, at the instance o f the Excise Office, upon informations given by their officers, whose business it is to ascertain what stock is on hand, and to report the same to tlrf. Board of Excise, when it appeared by their Inca_ surement, and permits issued, that there was an in. 'crease of stock in their possessions.' They all pleaded ignorance as to the cause, but this not be ing allowed a good plea„ they were convided in the mitigated penalty of 1c. , 1,-each, with costs. ,: .. --. ~ . ..al A s ti..' .~w~ LAM REPORT. , .• COURT OF KING'S BENCH, Ft:ft. I*. THE CHIEF JUSTICE observed, that the present mode of discussing cases of new trials had been found inconvenient, and'therefore he proposed a re. gulation, whiCh was, That new trials could not come on in the Term in which the Rule to show Cause had been moved; they should all stand pe. remptorily for the second day in the following Term, by which, a day usually not much occupied in Court, might become an efficient day of business. And in order to save time, which was so valuable on these occasions, there should not be more than one Counsel heard on either side in such cases ;-which the Court adopted. THE RING V. BOSTON. • This was an indidment for perjury, committed by the Defendant in. arl,answer which he put in to a bill filed in the Court of Exchequer against him, wherein he denied the payment of a stun of Money which the Prosecutor alledged he had 'paid to the Defendant, who was tried before the Ca IFF BARON at Cambridge, :Ind found guilty. -A motion was made and asrule obtained to slew Cau3e why. the Defendant should not have a new trial, and the case was this day ably argue d b y Mr. WI r.SoN, who sheaved cause against the rule, and Mr. , Serjeant SEIAON, who supported The Motion w4s tmde upon two grounds: Fir;-, that the erosectitor of the Indiament, who way ex amined at the trial, was not competent to be a ness, because he was 'a Complainant in this case, i 3 a Court of Equity :—Secondly, that the verdidwas against evidence. The Court decided, that as there was no one case in all the Books, by which it appeared that the Pro_ secutor could give in e idehce, or in any deg,ree avail himself of this verdict to support his case in Equity—or that the verdi,‘.l c.iuld in any manner be made use of either for or against him, he was a com petent Witness in this Prosecution. This dotlrioe was completey:earablished in the case of Bent and Baker, and of Smith, qui tarn against Prager —cases, the law of whlch the Court wished to be understood to recognize. as .the undoubted law of the land upon that subject, and considered as having set that mat ter at rest. As to the verdict being contrary to the weight of evidence, the Court was of opinion, that nothing appeared in the case to warrant them in,say. ing, that the Jury, the proper Judges of all the cit. cumstances of the case as they appeared in,evidence, were wrong in the conclusion which they had drawn after an ample hearing of the case, and..therclore the Rule for the new trial was discharged. BLUNDELL V. JONES. A Rule had been obtained to shew cause why an Award should not be set aside, which had been dis charged with costa between these parties. Mr. GARttow now moved, that the Rule might be restored to the Paper for the first day of next Term. The Learned Counsel informed the Court, that the LORD CHANCELLOR had postponed his de. cision on an Injunction in this cause, 'until the re sult of this reference to the. Court should be known. Mr. ERSKINE skewed cause against this Rule.- 1 3 .1 _the .first- instance,. he. re.441,:a-ct:rious - letter- from Mr. Jones, the Defendant, wherein he advised the Plaintiff to come to 'terms of agreement, as - the Law. yers would gluttonize-on the oyster,' and leave to the starving parties the empty shell. He said the only oh:lea of the Defendant was, gain time on an award; to whiA he had not - made the least objec_ tion.—Rule granted, on bringing the mney into Court.' • BENBY LUSHINGTON. The Defendant was partner in the house of Orin& Goldin), and Lushingron, at Madras, :The Plaint i ff chimed 1,0501. and interest from the Ist of januaty, SO3, to which the 13 , 1endant objeCied, Ort 'the groUnd that he had quitted edl concerti with the part., nership„ The present resort to the Court was for a Rule to shew cause, ,why a Mandamus should not ; issue to the ,Su,.reme Tribunal of Madras, to' ho!d Court for the examination of Witnesses, for the above Claim. 11'Ir.F.ttst.iNE objeEted to this application, on the principle connected with the Statute, that where the cause of adion arises in England, a Mandamus can. not go for such testimony in India. Mr. GARRO w, Cur the Rule, said, that the cause of adiori arises long before the goods arrive in India, under an order transmit med from thence to this coun try for such goods ; and although the partnership is dialiiAved, he said that the Defendant was liable, be_ cause it was nut dissolved at the time the order was . . given. Lord ELLENBOROU-GU.—" The goods are your own, as soon as they are on board the ship. Take a Rule to anew cause,",, COURT OF COMMON PLEAS, Ftn. g. HARMAN V. WALTERB. This very important case this day received the decision ot the Court. The Plaintiff, Capt. Newman, was a passenger on board the ship Bersey i bound for the , West Lndies in the month of April, tBO2, and as we have al. ready stated, by his exertions - brought her into port, when deserted by the Captain, The case having come to •be tried befoie Loid ALvANL-EY, and a Special Jury of Meichants as Guildhall, in the Sittings after last Term, the juryt , found, that after she had been deserted by •the Captain, die Plaintiff had, at the request of the passengers and. crew, taken on himself the rmnagernert the vessel; 'and that by his ,kill, industry, and ext-rtioriS,, she lrad been conveyed safe in o Ramsgate ; and,--on4his finding, gave a verdict for the ,t i taintili, triages., Mr, Serjeant.Cocx nu, having on a former clay applied fur a Rule to sheer cause why a nonsutt should not be entered in this case, the Plaintiff ing done no more than .wa' incnmbent on him as a passenger on board the vess&A, which he was bound, both from motives of humanity and from regard to his personal safety, to do every thing in his power to preserVe; • • Mr. Setjeant SHEPHFRD /slimed cause again , q this Rule. He zppreheicieti that 1:le tittding of Ole Jury, or which their vtiiliCt affureicd--1 '~