The Sun. — London, England, 1801-12-07 00:00:00

NAVAL ,NEWS. Fray the LONDON GAZETTE, Die. s. SIR, has brO he poti c f it it .l/ ese' o. ice they m the!, I willg s "" 'Y x : e9,l ". )n om tbq P ar ties' d excep t the CO' Partici! rifice ua imph iucli r e " of tiler; nd LOP lneNio o cliffere°,! niforail so aetM and • •lif t .4? to aA • sick 4 e that *, at kas l CIPP S4 ,DDINO' dr, M d . ' 00 w oo ~a its toes ro . on tlO l pos4o Qcn:lP 4e M e° ever, indusq seeding Awn the r dtirig ainlY ba :ould yc 5r r beio Ava ripe are f Ati )t ege r ` the Pre , :ounrrY/ ty in °l6 stat e, the fah' m fbf al : g MO 3 - f thai " l iforiv In W 414 ttltiO P ; n b oa r! Pe* a rcs he rived -„ heti Igui , s 14" , jogS4 the 11 th 6 nt to h w at' tbsces se° on h i ! ;ed, atIP , :COVerr' - ronl lan ES to lp in the ies of ioducdf ng a r esorte, he died vn , lOC rt COP Icount e S Icceell e Ipatclll, the Pr°6 tch B ri ' 'ranclue' Admiralty-Ofce, December 5, ISor. If a Letter front Rear- Admiral Sir john Bor. Wirrea, Bart. and K. B. to E-..w.n Nepean, 4 1. elated at Port Mahon, 2.},tb Qao:)er, 180 t. SIR, I t i have enclosed to you the Copy of a Let ter rela ;6 to th e transa aious that have taken place at to Qrto Ferrajo, which I request you will be pleased lay before-my Lords Commissioners of the Ad . . r , I b,re thellonour to remain, &c. &c. &c. JOHN BOKLASE WARREN: Porto Fermi°, Oaober it,. aot. in my Letter of yesterday I had the honour to :port to you, that the Enemy had shewn lately 'file disposition to advance and take ground nearer t:1114 Works, Fund this morning I found they had b _rown up an Intrenchment of Earth . and Gabions rn a peninsula or tongue of land within two hun. Iled yards of our Works. ,I immediately determined to destroy the Work, I' l Lid dislodge them before they could have' time to ZNlgthen or bring any guns upon it ; I appointed r e Bercy's Corps fogjhis service, with a party of ,"asants to destroy ihe Work, and the Maltese `- t orp s , under Major Weir, to support and cover d h tm ; about eleven o'clock they crossed the ditch, ~_l ° A'e the Enemy from the ground, and destroyed 'ne Work. The Enemy made , two or three attempts to ad_ lance in force, but were completely kept in check 15 Y our grape_stot from the Batteries, which %vete , 4 t, citnirably well served ; their Batteries kept up a erY heavy fire of round and grape-shot, which did ~ ';, very little harm. The business being completed , , `considerably Troops returned into the Works , having suffered in numbers ; though we have to la. 'lent one Officer killed and three wounded. I was a good deal inclined to have kept posses. 444 1 of the' ground, but upon consideration of the W eakness of our force, I thought it scarcely tenable, I ° close to the Enemy's Works, more especially as we were advised this morning of their having got a tinforCenient of two hundred men f m Piombino, two -air three nights ago. I flatt yself,• how her, tilty ate equally convinced o ' heir inability • to keep a Post so near us. Tli.e._ Enemy 4ciroit between sixty and seventy killed:W:i9i)iitided, and three Officers ; and from ghat We s Calild",see. ourselves, I am persuaded they Ir e within titentark in this calculation. • )1 subjoin a List of Killed and Wounded, and ntsing. I am, etc. GEO. AillEY. taunt of rad, Affivriq, vat IVissting, at Ports ferralet 009kr , sz. 38oz. k alteso. Officer, killed; 7 Non-eOrtiralssioned Officers hand.Privares, ArdArideel. " harcy's Corps.--I ()Seer, 3 Nott.can'imissionctl Officers 4, 1 d Privates, killrei ; 2 tnti:,:etS, S Ntin-comrrin;sioned ",tficers Privates, wounded ; Nodecorrxruissioned A "'Meer otPriv4te, missids. nulled; 3 W 0111140.11. e3 fiallt6.—: killed. Total.-6 killed; IS wounded; r missing. Amid of Officer: kale.? d7l4trors dd. ,Mahese ueßercy's; C'qrOs.—Ensigne 1)e Launois, killed; Capitairtes tilanar: a ad l3utlain, grounded. (Signed) GEG. AIRE?. PORTSMOUTH, Dec. b. Ast*trill) His Majesty's Ships Gorgon and 'low, from Egypt, and the following TraniTorts 4, lj t , Shanv, Traveller, Argus, and. Little la/ ) ,. Ail the above ships are put under Quarantine. Arrived the Jenny, MARSHAV., from Leith to, Cadiz ; and Everton, ZraE, from Stettin to Li- This day His Majesty's Ship Pearl was released i‘toln Quarantine. Came into Harbour to take in Troops for Mar tinique, ,the./11,4ria, ARTHUR. A -Ship of the Line is now in the Offing, supposed It) he from the Mediterranean. FALMOUTH, DEC. 4. ARRIVED His Majesty's Ship Cleoisatra, of p bus, Capt. ISRAEL PELLEW, in thirty-four days from Halifax ; the Bail( Earl Marehmont, Capt. tIVJAIID, laden withs alt, from Malta for orders : tame under convoy cf His Majesty's Ships Wool %Pleb, of 44 guns, Chichester, of 44 guns, and Kan. Zarco Brig, of 18 guns, with about forty sail of Vessels, which passed this Port up Channel this Morning. They left Malta on the 7th September, and Gibraltar on the Ist ult. Also arrived the trig Betsey, Capt. Bisson, in twenty-five days ?tom Cape Breton, with cod-fish, for orders. The Dude of York Packet, for Lisbon, sails to- Ynorrow. The Tcrannkresid ) for . gew-York, and Auckland, for Jamaica, will-sail or Sunday, if the 'Wind will permit. HARWICH, DEC. 6. Tilts morning the Prince of Wales Packet, Capt. ANTHONY MAN t „sailed froth hence for Cuxhaven, with the flamburgh and Bremen Mails of yesterday. upon her arrival there, Capr. DIANE will proceed to the Bremeriee station. Remain the Express, DELL j Diaxa, SilwAs.t ; ona the /Drina of °rave, BRIDGE, Ir^MOUTH, Dtc. 6. Oil Friday evening came on Yarmouth Beach, the toy Cowl Friind.c, of Yarmouth, joii N BARC ft AR 0 rna*s - ief, 'froth Norway bound to Bristol, with deals, 411 4 it feared will be wrecked ; crew saved, Remain in the Reads, the Pienhcirri non, Assistance, Asia; Polyphemus, Veteran, Prin cess of Orange, Ruby; -Monarch, Paisonable; St. Al&Ws, and Standard, Ships of the Line ; Fa •vourite, Pylades; Lynx, Ariadne, and inspecior Sloops ; Vidette, Cruizer, Harpy, Kite, jalinse, and Speedwell Brigs ; Trial Cutter, and Adder Gun-brig. SHEERNESS, Dtc. 6. YESTEILDAY arrived His Majesty's hired Brig Videtre, and is ordered to be discharged.the—Ser_ vice. Sailed His Majesty's Ship Sitrpr;ze, for Dept 7ord, to be paid off. DEAL, DEC. 6. AISMittAL Lt;rwtvice• hoisted. his Flag 'Yester day morning at sun-rise, on bOard the Oveijsse/. His Majesty's Ship Medusa sailed this morning, with the A/kmaer, to the Westward ; and the Adamant for She'rness. • . The o , verysscl, Nemesis, Belliqueux, Amazon, Brilliant, Arrou, and Galgo, remain. Mtniral RAINIER was at IVladras at the date of the last accounts from thence.. La Gloire, French privateer, captured by the Albatross, in the Indian Seas, has been fitted for His Majesty's service, called the Trincomalee, and the command given to Captain HEYWOOD, of the Vulcan bomb. . .By Letters from St. John's, Newfoundland, dated the 7th November, the Fly Sloop of. War was not then arrived, but two of her Convoy were : they experienced very had- weather on the Coast, and it was supposed there that the Fly had 1-..orne away for Halifax, having on board Dispatches for that place. The Countess of Sutherland East Indianian, when she arrived at the Cape of Good Hope, on the 6th of September, had not a mast standing. The crew amounted to 170, besides whom there Were a nuniber of passengers on board.. They had only one cask of water when taken in row at sea -by. ; the Atkonant, who carried the vessel into SirpoWs Bay, She had been for 88 days near Algoa Bay, ker - during that period had only been able to get seven casks of wa ter on board, on account of the very liedvy sea, and was at last obliged to leave her long boat and several casks on shore and run to sea. THE HAMBURG/I MAIL. HAMI3URGII, Nov. 27- IT is said here, that Hts BRITANNTC 'MAJESTY intends to visit his German Territories in the en_ swing. spring. • . CONSTANTINOPLE, OCT. 26. Tat English Ambassador, Lord actii, will soon sail on board an English Frigate for Egypt, whither he will, be accompanied by his Lady. some say this voyage has for its object; only the gratifi cation of curiosity ; according to others it has po. litical vitws. After the return of Lord ELGIN. from Egypt he will only remain a short time at Con stantinople. Mr. STRATTON will, in the mean time, have the management of the affairs of the English Court at Constantinople ; he is expened here in , a few days, and as soon as he arrives, Lord ELGIN will set out for Egypt. The first Inter. preter of the' English Ambassador, Mr. PISANI, has received of the Porte the Order of the Crescent of the Second Rank. Tranquillity is now restored in the Republic of the Seven United Islands. The Administration of Egypt will now be taken from the Beys, and given to several Pachasovhose authority will be very limited. The Pacha of Cairo is already appointed. OswAN-Err ENDI and CHEHEF EFFENDI will also have a put in the go. veroment of Egypt. LEUHORN, Nov. 6. ON the rsth, the English Frigate the- Pottema, of 38 guns, arrived here with 300 men of the Garri son of Porto Ferrajo on board. She brought also the English Commandant of the Fortress, Colonel ARCY, and the Pro-consul, Mr. SILLFLEDY. An English Frigate has now arrived at Porto Ferrajo with official advice . of the signing ; of the Prelimi naries of Peace. VIENNA, Nov. z 3. Our Government has received advice that tran quillity is restored in Belgrade, to the 6atisfaaion both of the Porte and the J•lnnissaries. The ,Dacha, whom the Janissaries had confined, bas been set at liberty,. und.rein3Lated in his former post. On Friday morning, at two o'clock, a fire was dist;overed to have btoke out at the house of a baS ket-dtaker, near St. John's Chapel, Duke-street, , Plymouth-Dock,which burnt with great fury for • some time ; but was at length extinguished by the • great exertions of the inhabitantsafter destroying that house and the. greater, part of one adjoining. — In a roOrn of the latter, which was not _consumed, was a married.woman. with a family of eight chil dren, all of whom (shocking to relate) were suffo cated. When found, the woman, with, four„of. her children, were in bed, and two. of .them..(twins) perished at the mother's ~ brept :.tbe, other four children were laying dead in different parts , of th e room, one of whom was turned quire 'black: In a dispute between .a Corporal of the Bedford Militia, and two Dragoons, ,at Exeter, the Cor poral received a blow of a bayonet on- the head, of which he died. The Coroner has committed rile Drlgoons . for wilful murder. 111 REPOPT.; COURT Ot KiNG's DEC.S, • SITTINGS BEFORE LORD KENTON AND A SPECIAL LA JURY IN WESTMINSTER-HALL. KING. Mr. ERSKlNEstated,_ that this was Action brought by Sir James Wallace, an Admiral in His Majesty's I\.l4v,.:agitioist Sir Richard King, who wa. likeWisean Admiral in His 'Majesty's Navy. It was for the purpose of settling by -the verdict of the jttry, whether .the Plaintiff wall; - or was not, entitled to a share of the prize-money arising from the czpture of certain Dutch vessels which were de tained at Plymouth by Order ia,Council, and after wards declared lawful prize, and the prize-money Was trdered to be distributed among the Fleet, by His Majesty's Proclamation in the usual ,manner ; for His Majesty, in right _Of the Crown, was en titled to all prizes, and he always ordered it to be distrimted amongst his Fleets in a given manner, and tie question was, " Whether the Plaintiff, Sir James Wallace, was entitled to his share, as Admi ral, in this Case 1" It never occurred, nor would it to day, that any interruption should take place in the harmony that subsisted among those gallant - Defenders of their Country, and the spreaders of its glory, on account of any such Aaions as these. They referred them to Courts of Justice to be decided. They had a right to do so ; they had a right, the one to apply for, and the other to resist the application ; not only for themselves, bat for their famiiies. It was upon this principle, that the Adion was carried on be tween Lord St. Vincent and Lord Nelson ; they were raid frien&, notwithstanding that Adion, and ever' friend of this Country was the friend of both. '.'his, like every other case of prize-money, must depend on the King's Proclamation for the dis tribution of prize-money, and the construdion which that Proclamation had received : the substance of which was, that the Captains should be aaually on boar, but that an Admiral, a Flag Officer, was entitled to his share of prize although he was net on board, provided his ship made part of the fleet to whom tie prize was given by His Majesty, that was, to the fleet by which the capture was made; so it was held in the case he had just alluded to. The Naval Force to Which - we were indebted - for the brilliant - Vidory at Aboukir, was under the coma 'nand ofiny Lord Nelson, but that was only a part of the fleet which, was under the " command of my Lord St. Vincent, and although the gallant Officers who rertained With my :Lord - St. Vincent in that Fleet, titre the distance of the whole Mediterranean from the scene of Adion under my Lord NE ',sow, and knew nothing of it until it was announced to them as it was to us, by the discharge of guns ; yet, inasmuch as they were part •of the Fleet, it had beer held that 'the gallant Officers who remain ed- with Lord St. Vincent were entitled' to their share of the Prizes taken at the Vktory of the Nile. The circumstances of the present Case were theae; In 1795 Sir James Wallace, having his Flag on board the Monarch, arrived at Spithead, from the Newfoundland Station. He came-on shore, and 'came to London on business to the Lords of, the Admiralty. -While he was here their Lordships ordered the Monarch to Plymouth ; she • was to be employed on Foreign Service, and Sir James Wal lace was ordered to shifr his Flag, and to go with his retinue on board the ROmney, then at Plymouth also. This was on the tath of January 1795, and communicated by letter from Lord Speneer, signed Charles Middleton, to Sir James Wallace, who afterwards held some correspondence with Mr. Phi lip Stevens ; the result of which was, that Admiral Sir Richard King was ordered by the Lords of the Admiralty, on the isth of January, to cause Sir James Wallace to be discharged from the Monarch, and entered with his retinue on board the Romney. Sir Richard King caused this to be done'at Plymouth, on the 16th of January, he being the Commander of the Fleet there.—On the t 7th an order issued from ' the Admiralty to seize the Dutch Vessels there, which was done accordingly on the tBth—and they were afterwards declared prizes. The question then was, Whether, under these circumstances, Sir James Wallace, being then a Flag-officer of the Ship the Romney, although not actually aboard, that Ship being part of the Fleet under command of Sir Richard King, which was the Fleet by which this capture was made, was or was not entitled to his share of the Prize. money ? By this Action Sir James Wallace contended that he was, on account of his being a Pag.Oilicer. It was, admit tea that the Captain could not•claim it, unless he was at rally on board ; but it was contended that the Admiral need- not be -so in this case. — Here Mr. Easittaia entered at large into the circumstances of this Case, and compared them with Others so shew the affirmative, and concluded with this proposition, by which he said, this case was to be governed. ',' That where ever an. Admiral com mands, or is commanded, and ought to be, and his Ship is, he is, in contemplation of Law, considered to be present." ... There was no difficulty about proving these fads. They appeared from the Letters and Documents, to which Mr. ERSK INE referred. • Lord KENYAN. ,-.-- I wish I nnderstood this case half as well as some of the gallant Officers I haie the honour to he known . to ; some of whom I now see." . His Lordship asked for the Royal Proclamation for the , Distribution of Prize Money, which he perused. .• The ATTORNEY GENERAL, on the part of the Defendant, began to address - the Jury, by saying, 'That unless..his ears',deceiv - ed 'bitn, his Learned Friend, Mr. FRshtrir.,proinised to - prove some_ :ping respeaing the Custom of the, Navy; and he `lad made a great parade-Of the presence - of most re. spetiable, and noble, .and'illtstriOuS, and other il. lustrious, though not noble, Qffteeri, by which he thOught that 'thk . comltiration he. had• put- on the Royal Proclamation, ..bY''vihich Sir James Wallace was entitled. to a. shirk of the Prizes of the Dutch Vessels taken at 'Plymottlr,- not ono of them had he ventured to call, although he was surrounded by them. The reason was obvious. - There was not a man on board a.ship, who knew any thing upon A:his subject, eAtertal64 doubt.* Lotd ICENYOI4.---" I snouts nis.c 1141-ts ii+ut case-betterCQP4detea thita..44/CIILI to tie able tti consider it ;. but can go - on the w ()ids - of the ProblamatioN, It states i%ere'; -4 ‘ :Ficg Officers, or Admirals, beiFj aEtually on board." At:Nally on board t Plaintiff' was not; 'cannot receive an? presumption br• etinsttuetion against the obvioti meaning of such words. " 'Ad - tually on bciard," or " acting, direaing, of assisting in the Capture.'' What Evidence have we that -Sir James Wallace was either a(tually on hoard, or :Idling, or direet4 ing, or assisting in the Capture If lam not right in the opinion of the Noble Admiral I see in Court, I am sorry for it, but I must go by my own light; as well as I am able, in a case, on which, I protest to have no more knowledge than any other indivi. dual has, who understands the Grammar of a plain, English sentence ; I am therefore happy to think that if I am wrong, my error may be correaed.—.; I am going upon nothing but the plain and indeed o.bvious me tiling of the words " being atlually on board, or aCtually direEting or assisting in the Cap. tore." Ido not know whether I should have been of opinion against the Claim of this gallant Officer; • if the question had been, whether it was necessary his Flag should have been on board, in order to constitute Lim a Flag Officer. A Flag may be shot off, and yet the Commander -of the' Ship mains a Flag Officer. The Plaintiff in this Action, undoubtedly an Officer of great merit, was not in a condition which the Proclamation describes —he was not on board—he could not be so, for he had no übiquity, and as he was in London at this time, he could. not be at Plymouth, nor was he diteCting or assisting in the Capture of these Vessels, and there. fore, by this Proclamation, as I tindetstand it, he is excluded from any share in these Frites. I diets.;' fore think the Plaintiff should be nonsuited. Plaintiff Nonsuited4 The Court was occupied a cotisiAerahle time in a cause between the Executors of the late Mr. Bond, Lord of the May- of Hendon; and Mr; Carr, one of the Tenants of the Manor:, The question was; whether, by the custom of ,the manor, the Lora was entitled to more than a year's fine Upon an admission upon a death ? After inspeaing the Re- cords, and examining Troward; the Steward dE the Manor, it was clear the Lords were entitled to an arbitrary fine; within two years rent; and ac. cordingly the Plaintiffs had a verdia in their favout. . THE THEATRE.- - Mrs. BI 1. Maio resatneA her charaler of Mandane dr; aturday.l . a.st at, Covent-Garden, icharaaer in which thereiS • greater scope for her exquisite powers than in Clara," in which she . appears to much greater advantage. - The house was crduded, and she excited the warmest applause. Most of her Nirs were enc o red, and ally. were given in the perfeaian of musical taste and skill. A new Musical Entertainment is coming foiwark at Drury. Lane Theatre, written by the Hon, Mr. ENC Eit, son of Lord CktAtt.r.7.s Sit:lC:tn. Mr. SPENCER'S poeti , _al taste aid talents are wail known, and this dramatic sketch according to report, is . likely to increase iris literary credit; HARLEM', who sonic years ago belonged td Covent-Garden Theatre, is now performing cn the Dublin Stage. He is said to be much improved, in his profecsion. Messrs. Coat, I - MARE and Li:9 xs presentea. r , a petition to the Loß.n CIIANCSLLOR, tot tne pur pose of establishing the rights and securing the pro firs of Authors. As They however are nor parties in any deed that relate: to the points in dispute-, it is not conceived that this petition %viii preucc any change in the expeded arrangemecit, The Morning Pott has lately got so much ntO the habit of puffing the siiiiest awn hi the Utt ,ed Kingdoms, that it has pretty generally assumed .he -appellation of Robsoff Gazet:r. The Duke of NORFOLK is about to pull clOwti th 4 old Mace at Norwich, now used as a workhoubri and on its scite to erect a wharf, with warehouses, Sec, • On Thursday last s at Ifrickendonbory, -ffertsi the Lady of WILLIAM DEN; Esq. was safely delivered of a Daughter: Mr. STEELE was on Tuesday last committed by the Court of King's Bench, Dublin, upon a verdiEt found against him at last Armagh Assizes, for hat. ing unduly exercised his authority as a Magistratei in. imprisoning a Freeholder, to prevent his voting at a late eleEtion for that County: The sentence o the Court was pronounced, " that he should beinia prisoned three months, and pay 4 fine offool." At Barnstable, prime pieCes ,of the best beef and mutton sell at from 3 1,d to, ¢d. per lb. At the recent fairs in Suffolk cattle sold at ad. vanced prices. In the garden of Dr. WALKEt i at Ccilinton, near Edinburgh, roses have been in full perfeaiort since May. The White Cluster, the Portland and Moss Roses, were some days ago gathered in per* felion; there are also auriculas, polyanthus, prim. roses, and anemonies, in full flower in the.open air, in the same garden. _ _ On Monday evening last tbe audience at the 'rhea. tre of Chester was thrown into great alarm on some ruffians crying out fire ! fire ! Zn the efforts to escape out of the house, fortunately no lives were lost, although one man leaped out of the gallery into the pit, and another out of the steady condi'a of several Ladies and Gentlemen in the boxes, who remained in th•!ir places, tended in a great measure to,prevcnt the press being so vio. lent at the doors and in the passages as was prdp 'bably the desire of the monsters who gave the false alarm, and the meditated mischief prevented. 'On Saturday, Croaker, of Bow-street, brought to the Police-Of f ice, Union Hall, from ThameslDittbn, a licensed Pedlar, on suspicion of being a reeet 'et of.black lace and b;!r.k-notes to the amount of.dci, burglariously stolen on Sunday: seinnight, In the house of Mr. Wilson,. of Amersham, in Bucking_ hamshire. The Prisoner pleaded innocence, say. ing he had given a fair price for the lace to a man whom he could not name nor describe. He was • committed f.)r re-examination.