The Sun. — London, England, 1801-12-11 00:00:00

t? ' 1/4-, ~r • r ~~~ Presi , cruF,g l EY E I\l l;t~: , ~; g he ietA npar3l it, lir,ll UQI•:F1 E ; ,4, ())1:`, IS'fi I - SARIS, .17bc. 5• TRiBUN-ATE, DEC. 4. \ (; ;•6 mod ivlr Sorte Y TREATY WITH BAVARIA: TREATY WI TH AMERICA. . Anti', in the name . of the Com - mission, present. I the Report upon the ConVent ion between France ki America. -He successively 6veloped the Pages of the rupture between the two Nations, the 4 4tile ads. done on each side, the propositions for t otiations made by the American Senate, the pro ttss and issue of those negotiations, as well as the e - tensions Advanced by the two parties. He di. led the attention of the Tribunate to the period ken the Convention was con c l uded. Malta in ot power of the Englisli—Egypt nienaced—Rus- Eland the Porte still allied with - our enemies.-- the Americans then thought .to profit by these cir instanees to claim indemnities which the General P eace has since rendered null and inadmissible. After having touched upon the indemnities de"- oanded, and the dispositions of the zd article of LConvention relative to them , the Re p orter ek. ed some articles respe&ing the rules to be fol lowed by the respe6tive ships of the two nations ; , !Me, though wisely conceived, appeared to the ,q)mmission to stand in need of some light being town upon them, -which the discussion before the Legislative Body would no doubt give them. In 11 its dispositions the Treaty appeared to the Com 'lission advantageous to the Republic, and it was, l itrc - furc, unanimously proposcd to be adopted. The cliscustion upon it was now opened. 'FELIX Br Aviotria thought that the . refusal to Pacify the ad a rticle c. , f the Convention on the part k ,h e United S t . a .es was more injurious to them than to us, and that the Convention was advanta tenus to France. • . LEGONEDIC criticised the expresaions used in ItTreaty. The words used in explaining the re ilisal of America to ratify the zd article, suppose 1 IT the part of-Government concluding that 'Treaty; ither unjust' or exaggerated pretension, or ,an as. rtion har.a . rded on the part of the Government ,Bator. The latter appears to .me the more po table. - The name of one of tle petsens signing our Treaties with Americas the celebrated FRANKLIN, 4 6t.s not permit me to believe, as has been said, ,tat our Treaties have been the result of the avidity ti calculation of miserable speculators. Certain l y 4 Sliall not be suspected of. defending the antient order of things at the expellee of the present order ; ;but it must be said that there never have been heard, bn the part of the Americans, any other than. ex tressions of iaterest, and gratitude to . the antient k it vernments, even . after - Their fall. - I made this !'nark on the inconsequence of those exptessiOrfs, Ilecause it- may aim.a• mortal blow at the numerous !ierids of France iii the United States ; it would be second time they Will. have been attacked .by thn s, furnished by France hersclf.oc-- - I vote for the Le af y.. The discussion was adjourned to to-morrow. ,pi! Noiftittal , %vas called for upon this i was proceeded •upon; and the Treaty y adopted.- Orators wire appointed to wish to the Leaislative Body. D.EC.EMBER..;'. littATY WITH NAPLES. •the name of she Special Commis, mined the Report- upon the Treaty with gairhy paying - a tribute to the dispositions it is said that all prosecutions on account . ...rert revolutions that have succeeded each iatkapgdom shall be anmilled. With re. :he -ith Article, it is stated, to give a to the Republic, the King of the ,es consents to set at liberty every French. coned in his :hates on account of political relative to the French Revolution. V - ou .;urprize of the Commission, you are with, oaished that the benevolent consent,. not a rortise to set. at liberty French Citi z e ns , :e been accOted and regarded as a proof of. tr iendship, You will be only more eager,. for a kral.urecontrary to this strange stipulation, which ' 4 "not be justified but by the severity of eireunr `tznces and the importance to the. French Repub.. of detaching at that time Naples tiorn'the gtion. The Reporter proceeded to deseant' upon the I ,'"tages resulting from the opening of - the - Ports oil so fraught with great facilities for the Le., "-itt Trade. 'The possession of the Jsle of Elba, be useful to our marine, on account of its iron , and I hope that the KING of NAP:LES, P l . 4 eed so near a new Sovereign of his blood, will Pe daily more intimacy to our relations with that ,`-oart. alle discussion on the Treaty was edjourned. .•, , „ T -A Morning Paper. gives another pretenaea letter 141 ' Paris, which is manapaqrrd in SO inari . "al 4 way, as to subject it to immediate clettaio . A s ises 4 ', 4 rt of this very authentic letter. in thei'Paper . 44 4ded to of yesterday, affeas to give 'll account 141. a sitting of the Natiogal Institute; It even (4etcribes the persons of two of' the Members, who * ere supposed to be present at the sitting described, . 4 (1 one of these is the celebrated Naturalist Doto -I.Pru ; but it happens, most unfortunately for our Lett er Writer, that the French Papers which arrived ttstcrday morning, contain an account of poor. 4- k}s.csistEu, in place of being at the National In ;titute, lying dangerously M.—The intimation of `tie French Papers is thus couched : . . k. " On the 2d instant, there was received at the , t _ \ ational Institute the affliding intelligence that celebrated Natural is t, Do L o Xl7 EU, is- dangerously ,1 1 of a malignant fever at Chateau-neuf, in the de tlrtment of Soane and Loire, at his Brother-in. Citizen de DREG, immediately after a journey „ . I lich he had made to the Alps. It is hoped that 'edical assistance may contribute to preserve a man " Precious to France, and to all the , civilized it The above notice is in The Moniteur of the 4th 1. 4 t. We think it quite unnecessary to add any `` e ther proof of the anthenticiv of the Parit Cr. '4.llo:dence. ;rat , tty. I rc'' this 3( 14 ' • 13r-z.3 C bCgill `•:11C11 Ude frea,; 11l in . t/f< L'' 'lt. -tts ti ' , rat of fri, . andetain, s it:ions re ;e ,f 4 ,e the SE c 010 tin astou ror ~o 344 41 cl hav4 ti o i frie n d s hi p , t 1 e aStl re Col cr^o: ' ~ ll ~ I :; i 1N ; ) r ,~ - ti iy •:r \S" ' h T4l hpal 9r° r ye ° to or C ,, Pi/ . r e pia l e cy wsa r r c ne t;? ° re °' ROY AL ACADEMY. THE Pit istot tit of this Institution last night gave his Biennial Letture,' on ',delivering the Gold and Silver Medals to those StudentS,who have produced the best Painting, Architedural Design, Architec tural Dravifing, and Academy Figure Model. The subjed of 'the Painting was CLYTEMNESTRA exult ing in the death of AGAMEMNON. This subjed is treated, in the Picture, with great spirit in the design and beauty in the colouring, by young RIGAUD, who certainly deserved the honourable tribute awarded by the Academy. THE PR Esi DENT, in his Lure, took a cur sory v;ew o the Arts, from their - origin in Great, and progress through Italy, till they obtained an establishment in this Country. He did not confine himself to PA! NT I NG, but animadverted also on Sbu LPT U R and hence bestowed high eulogiums on PH IDEAS, particularly noticing the celebrated work of that Artist on itiorte Cavalle, the subjed of which is a young man breaking a horse. AP E.L LES also ,was mentioned with high praise, as one of the great masters of the true Sublime in the art, though unhappily none .of his works have descended with his fame. LEONARDO da VINCI, TITI AN, MI CHAEL ANGELO, RAPHAEL, and CORREG 10, re ceived a distind panegyric, and their appropriate merits were severally noticed. It was the main objeaof the President to inculcate an attention to mind, expression, energy and truth of charader, as the great qualities of the Art, and ), eonvidion that those great dualities could only be attainoolly theunion of PHI LOSCH'IIY withSciENC 5, not a mere representative of -external form, but an animated, yet correct, appeal to the imagination. Passing from this topic, which however he en forced by the example of those Masters. whose farne, will be coeval with the Arts . in all ages, he ilhistrat ed. the ;Advantage and - necessity of PATRONAGE. t This poineinatUrally'led him to a tribute of grad time to Hts ,PRESENT MA J ESTY,.WhtIy by his gra cious countenance of the' Arts in this Country, had produced the establishment of the ROYAL AGADE After this fervent and respedful hornage,_the President took occasion fo speak in the . most en couraging terms of the . progress of the ,BiterisH ARTS.' The excellence attained by the. Greeks was the result of many ages, but PAINTING could be only said to have obtained an establishment in this oountry for a period 'of 'half a century, yet it !can boast of Professors of 'distinguished 'merit, and may look with proud defiance- on the Artists of those Countries . which, were .oce the. fh i-ourite abodes of Genius. But much as the Arts were indebted, for their present flourishing. state in this Country, ;to the illustrious Patron to whom he.had offered the tribute of respectful gratitude,. he observed, that no individual, however exalted, give sufficient, animation to. 'the powers of G 641118, unless the Great and the Affluent, instead of lavishing their possessions , on the: remains,of for. mer art, gaie a liberal encouragement to contem porary- talents. Without such encouragernent; he observed, in, conclusion, GeNius must. languish, and become as sterile, as would NATURE herself if deprived of. the. Ocean, .. whose diffusive streams i • G 116 : v a, 4.141 1 Lay v rlsiOtt vihe was enriched, dignified" ) . and . . thorned. • The Ship Aurora, Captain GILMORE, from Ben gal, is laden with privilege _goods ; and the Ship B Union, Captain VALENCE URCH ; from Bencoo_ len; h . as on board a cargo of pepper. The Aurora loft- Bengal in June last, and the Union sailed from Fort Marlborough on the Ist of July.--1 hey are both itiiiyPd in the Downs. • • . By the Overland Dispatch received last -week from Bombay,:we'are informed_ that the snow Ex "edition, Captain FIENDERSON, arrived at that Pre .siclency-on the -i ISt "Of June, having left Mocha and the Red Sea on the 3d. . This vessel brought to the Government of Bombay Official Dispatches from the British : Army in Egypt,. the contents of which were punished in a Gazette Extraordinary. The Company's outward bound Ships the Preston and Hent . ,v Dundas, Captains MuRRAy and CAtt- RUT HERS, were obliged to put into St.. Augustine's Bay on , the 3d of August, for refreshment, at the recommendation of the Surgeon, and Colonels GAR STIN and CtiAar.-ror:, in charge of the Troops on board, who were sickly. They were, however, to have sailed on the 9th. A ship, with about three huddred passengers, . fr6m Newry, in Ireland, bound for Baltimore, was totally lost, in September on the Eastern - shore of Virginia, and all on ,board perished. • Monday night a flrig, laden with cheese and but ter, was driven on shore near Aberthaw, Glamot ganshire,- and went td pieces. Two lives were lost : .the Captain and four others were saved:— Some trunks, and a few other articles, were con. veyed, with two dead bodies, into a neighbouring barn. Some villains, on Tuesday night, broke it open, and took away all the property which the fury of the storm had left to these unfortunate Sea men. Sunday evening . the fliig Betsey, belonging to Sunderland, was driven on shore near Christchurch. , head, and. totally wrecked : the crew, consisting of six persons, were all drowned, the Captain excepted, and his life was preserved by the intrepidity of four men, who went off to his assistance, though at the. peril of their lives, and took him, after great diffi. culty, from the wreck. Friday last a fire broke out in 'a stable occupird by the Soldiers of the isth Regiment of Light Dra goons, quartered at the Feathers Inn, Basingstoke, which was entirely consumed. Three horses were burnt to death, awl, another so much scorched, that it was necessary to kill him. The flames communicated to a timber-yard adjoining, and tim ber, deals, &c. therein, to a very considerable amount, were destroyed. At Union flan Police Office on Wednesday, a girl was brought before the Magistrates, being charged as disorderly in a sailor's habit. She has been several voyages at sea, and performed the duty of a sailor. She said she was born at Inverness, in the High lands of Scotland, On a promise of condueting her self wish prokric,ty, she was dismissed. LAW REPORT. SITTINGS EttOlitt MR. JUSTICE. LE SL AIC IN GUILDHALL, LONDON', DEC. 10. WHITE kr. TAYLCIR AND ANOTHER.. Tkirs was an a&ion of Trespass 'and False .lin-: prisonment, and is of great importance,' particularly to all Constabk's aird 'Hackney Coachmen, and thos who hire . the one, 4i who are charged in custody of the other, anti, generally; to the Public, on ac: count-of the rules of law by. which the case was decided. Exsit . twa stated, that he was - of Counsel for .the Plaintiff,, who was a Foreigner at who re sided in this' Metropolis, and carried on business as a . Merchant; The Defendant ‘Simcoe, for there were ttvo of them before the Court,..was - a Hackney Coach Man; and drove . number 3+s. The was taken up as a fare in this - coach, and ordered . him to drive with speed. He had not gone on many yards before he stopt, and said his reins - were broken. Afterwards having 'adjusted' this; he be. gam to drive on again, and went what might be called A foots';pace; the Plaintiff dekired hint to go faster, and the 'Coachman said he Could go on further Until he had his nap. The PlaintiffShought fit to avail himself of some of the provisions of the law for regulating tile ' ciandu6 of Haekney Coachmen, and ftir that . purpose took- his number ;- I.ipon which the Coachman thought' fit to atlottrn his oap . fos the time, whifped ::is 11ASeS, 'and the Gentleman laid hoia of the number, and it came Off' in his hand, so that the Gentleman had nothing to carry him home but number This Gentle man, being i Foreigner, did not readily know where to go to seek redress ; he asked a Watchman farjhe Watch-house, and thought of making . his complaint there. 'He was shewn the Watch.house ; he went there, and desired the Coachman to he sent for. At this time the Defendant, Mr. Taylor,' was in his box ; sitting with the magnificence which belonged to such a dignified charafter as that of a Constable of the Night : this Gentleman made his complaint to the Constable, who, at first, heard it with ap parent complacency. The-Coachman was'sent for in order to attend this Court of Justice t'he Watch-house, to put in his plea. When the Coach man came, he made his charge against Mr. White, , that he had robbed him of his number ; - .uponiwhich this Constable,., contrary to his duty in his station of Constable, and which the law resented, for the law, while it give -a .jurisdiaion to a man in any station,. imputed to him a sufficient share of com mon sense to perform' his.duty in it, otherwise the law would .be inconsistent with itself in making him responsible for an abusive exercise of his au thority.oier his fellow-subjea. He had heard the .Coachmarea story, as well as that of. the Gentle man ;..and instead of giving the Gentleman the ad vice he ought to have done, that was, to tell where he - ought to go to 'make his charge again* the Coachman, he heard the 'Coachman himself, who came in consequence of being sent for—he heard the charge of the Coatinan.against the Gentleman for robbing him of his number ; ,the consequence of which was, that this Gentleman was taken to. Giltspur-Street Compter ; where he remained for .twelve hones: He was afterwards taken before the sitting Alderman, a wortfiy,Nlagistrate;..who had been bred up to, and for l praaised the professing. of the Law.; Aiderrna, Si Aiti gum on .hearing This. case, reprobated .the eondua 'of this Coachman and Constable, for that they must know that it was impossible for a Gen tleman to have any intention, of. committing a felony by taking' away the, slumber of a hackney-coach, and therefore discharged this ,Gentleraan. . . There were here two Defendants upon this re cord : .Siincoe, the Hackney,Coachtnan, and Tay lor,- the Constable of the Night ; and, he under stood they- appeared to-day by different Counsel ; his Learned .Friend M r . PARK e number 345 , arid Mr. GI DBS was to take care-of the Constable; but the Learned judge,would tell the jury, in point of - law, that if a Magistrate had issued a warrant for apprehending' this Gentleman;. the Constable mist have . in charge, whatever that charge ivas, whether true or false r -hut, if any man directed another toapprehend a third person, with .oat a warrant, the person. so applehending was liable to an attion, unless he could make out a jnstifica don. • Mr, Justice LE &Arm said, -that all ,the parties n this case - had found their way into the wrong Cotir Charles Crawley, a watchman, said, that on the th of March last, between I i and z o'clock at night, as he was going by the Old Change, near&. Paul's, he saw a Gentleman stop in a hackney-coach and get out of it. That was Mr. White, the Plain tiff in this Anion. He went to the watch.house, he thught the Gentleman wanted to.take the num- bet in figures. He desired the, Coachman to drive him on. The Coachman answered, but the Witness did not understand what he said. That was before . .the Gentleman took the number of the Coach. After the Gentleman got out, and was complaining of the Coachman, the Witness told him he had better walk home, and not he troubled with the Coachman, " No," said he, "I will punish the Coachman," and then he asked the Witness to shew him the Watch-house, which was between Newgate-street and Paternoster-row, in Dolly's-passage. At the Watch-house there was the Patrole, and Mr. Tay.. lor, the Constable, was in the text room . Mr. White, the Plaintiff, got to Mr. Taylor; Mr. White stated to him what his complaint was, but the Witness could not, recoiled what he said, for the Witness did not think. it would come to this. Heave the numbet to the Constable at that time. The Coachman whs then sent for. The Patrole said it was 51. penalty to take away the number of a Hackney-coach, and so they went for the Coach man, and the Coachman came, and his number was • in the Watch-house,• and then the Witness went upon his beat. • The Coachman said something, but he could not tell what ; he did not recollect what. He left Mr. White at the Watch-house, Edward Bell produced the Watch-house Book.— He said he knew the Defendant, Robert Taylor ; and he pointed out the Charge . cif the Coachman against Mr. White, entered In the Book at the - Watch-house that night ; he was not present when the charge was entered in. the hogiz.., _hut he said be . a b e li e v e d ;t teas the hatta_writing of the Udell& Taylor,- He heard the Ccaehman, give a charge , against the Gentleman for robbing him of lkis num. bet, and the Constable received it. The charge wa - s read. 7 -i-" i rth of Match, IBbl, Robert Sitncoe, of Sand-yard, Turnmill_street, gives charge' of Mr, P. G. White, number, 6, .Feathergtone,bilildingsi and robbing Whim of his number.----is well at 5 o'clock, -Robert Taylor." • .._. • • On cross-examination by Mr. GIBBS, 'the Wit ness saki; Simcoe insisted that White had robbed him of his number.; he supported-that charge against Mr. White ; the Coachman. insisted that he bad not been, to blame, but that. Mr. White -had robbed him of his number.' He insisted on Mr. White being taken.into custody. Taylor.was Che Constable there, - arid•Simcoe•insisted on To), lor's• taking. Mr. White into custody, and • Soid that he could intrlee good his 4 eharge. It was in consequence of the Coachman insisting on Taylor's taking him into custody, that Taylor did so.. Taylor said to Mr. White that he would take his bail, and Nit. White wrote a note to go to: Featherstone-buildings, and then he tore -it to pieces and would not send it off. Mr. White said he. lived in-Featherstone-buildings. It was in consequence. of Simcoe's insisting thit Mr. White had stolen his : number, and that he .wauld support the charge the nett 'day, that Taylor took Mr. White into , custody.. Mr. Newman, the Keeper ,of 41e Qiitspur-streer Compter, protted, that en the . it . th Oi,Vzrcit last Mr. 'A bite was brought to the Cumpter by Robert Tay lot, a Constlble. He was. brought there in .the natneof Peter.©. White, on suspicion of felony, and he was discharged afterwards by Alderman Sir W. Hearne. - , Mr. Justice Lf BtANc said ) that bpon this evi. • dence the Constable was entitled to 2 Verdib., Mr. EasktNit said, he was ready•tc; admit that where a Constable, or any other person who had authority of Law, as a Constable, had by Statute as well as. by' the general Law of the Land, had a person charged, and such. person abed bona fide in . • receiving it, and abed according to the best of his judgment, he was not responsible to the Party for False Imprisonment,.however unfounded the charge might afterwards turn out to be. Bur, he submit. ted to His Lordship, it was matter for him to put to the Jury, 'Whether, under the circumstances 'Of ibis case-oho' thought tht: - - , nstabie in the si tion "of atiing longfide. He'ahnended that he had abed iphila fide. . . Justice 14 B . LANC said, that if then! . was • any collusion bet Ween Simcoe and Taylor, to charge this Gentleman falsely, Taylor would be . answer-: althOugh it appeared that Shncoe ,m..de his charge, but then there must be eyi4ence of that. Mr. GI a as4aid, he 'conceived the Law to be What Lord IVl.o's? t Eel) had stated it to be many years, ago Upon a Case. similar ,to this, which was; • " That if any ,one charges another with a felony, • and requires an Officerto take him in charge before a - Magistrate, it is essential to Justice that he-should do,so, and it . would be extremely dangerous if such - an Officer was to exercise hisjudgment whether the charge Was proper or not." lie who made the charge alone was answerable for the consequence. • .• - • Mr. ERSKINg contended thae . ,tlie Constable had, . . _ Jaded improperly in this Case, and there- was matter to go to the jury on -evil-netridud-oftise Defend.; ant., Taylor. , . . • Mr. CS).as St.l7.3Witt2.A4.t here • tv,.. n t,,r. , _ .... — lla r t . :l;,stice It; Bi.A•nc.:-..... I think there ir-, no nvidence. in this case to go ro the Jury against Tay--• len-;,* He . is a sConStable. -* The Watchman came to charge Mr. White with taking his Number.' What he swat- to Taylor, there': is no evidence of, upon which somebody said it is a penalty of sl: to cake ,the number. That somebody sent fOr the man, for it docS not appear who. The man came, and charged Mr: White. *What could this Constable do but • iakehint into custody'?* He could.not try-the case.: . I .do not ; mean to say, thatle had not any right to exercisehisitidgment, in 'any respell whatever, in any ,case that might come before him, but he had no discretion to exercise it in this case." . - Mr. gRSKINE.—" I- am . afraid, that no law, divine or Ituctian,' has given those Constables any discretion." • • . . ' . Mr. - JuStice Lt BLANC.—" I am of opinion there is r no evidence to go to thejary upon the cas4 as it resprds Taylor, • and that, therefore, he is en titled to a Vprdia.'' -' . 4 Mr.. PAK then addressed the *June on behalf of the Defendant Simcoe, and said, that he was a very poor man, with a Wife and five children ; that a Verdict for one shilling against him, 'would carry coats, .and would be enough to ruin him. That he ' had the misfortune to take up this testy and ill-na tured Plaintiff, who chose to fancy himself wiser than the Law of this Country, he being a Foreigner, and, probably, had brought with him some arbi trary notions from: his native Country ;• this led him. to take the number of the CoaChmati away Crony , Ms coach ; he insisted that the Coachman should go' to. the Watch.honse ; for the Coachman did not mean to go there; he shonld have been glad• to.have got rid of him. If this 6-entieman -had gone to his lodgings in Featherstone Buildings, • he never would have been charged at all ; but this Gentleman, as he said,. had determined to . punish the Coachman, and brought him into the Wateb-lionse,• whene he. Made the charge. Even after the charge was made, the .Constable offered to take Mr. White's.bail.; he. wrote a nate to send for bail 1. he tore it. aftetwards insteadof Sending ir, . • Did he nor, therefore; bring the whole of this - upon himself? , Under such.' cir-. cumstances, he was, confident, if. the Law cow 'pelted the-Jury, (and that they would hear from the. Bench) to find as Verditt for the Plaintiff,. they. would lament it in this ease, - and they would give only nominal damages. That would fasten: to the back of this unfortunate man, forty pounds Costs at *least. . Mr. Justice I n t nII,ANC.—" G,eritlClTlell of the Jury, I am afraid that, in point of law, the De fendant Sinicne, by being present himself, and by making a charge, and persisting in it, against this elan, and being unable to s'.ipport it, is guilty of a Trespass ; and, - of course, is liable to the present adion. One 'Cannot but lament that this action has . been brought ; because the Parties seem, on. bpth sides, to have aded intemperately, and very irn properl)% The only account that we can rely on, 16 - that which is given by the Witnesses. Here the J r'