The Sun. — London, England, 1801-12-19 00:00:00

!aceo rd. whethe c sum for iefrayed mposing burthens e prose ying )mc Tax en wt 1g Frintif during of :lie Inal ex, ce Esta. it for, ) to any has been leaving ranches ie Peace will be rease we cc...ly, i: Suppliei Ixes :ertst 0: oned. 'get for eiing Lue, .10 -at the! \VA DSS!, ,r,. .1 PioNeA rodpco.. )Hour ted one rn of do Fate r, Theatre as Lord. Y' Viso . .Neh, out of a veil minutc , )ur riVOSe l the .icn zire_aW ( f ix; ,WS :rade lc; adopto, for than not th° Pon Fa.. ,be, ana r a 104 reaSorl rev the wz r•P' t crop t° Ot the Nene' such 4 the ac' ada W 3 Icy wd of yes' re being ime r e ' ute have t ° , to wh3' :hey d 4 t h at ttl au ist ' in ty" n VALS s Ile od", ye b ee, sAtiv seVer l . it cis a :chielie ers JELL' - t 4 )UNO ABeg' riS, heaj o c " krio 4 ; ienlY: rate lay vi cf f , lay Ist ly Srb- L NEWS. PORTSMOUTH, Die. iB. A R R . I VED His Majesty's Ship Narcissus, from the Downs; His Majesty's Ship Inkfatigable, from Torbay; Hope, PArr E &sow, from Petersburgh ; and Neptune, MARSHALL, from Christiana. Sailed several outivard-bound West I4dianien. SHEERNESS, DEC. 18. THis day arrived the Bouncer, Slarkler, and - toxir Gunubrigs, from Chatham. POOLE, Dtc.il3. 'THE Sisters, FORD, from Newfoundland to this Port, laden with oil and cod-fish, is lost at Scilly two of her crew were drowned ; some passengers that came in her, very fortunately landed at Scilly the evening before the accident happened. A French vessel, with eighty fine hogs onboard, is just arrived, but which cannot be landed till an order is obtained for that purpose. THE THEATRE. Covent-Oar:len, LAsr night. THEIR I\l4,lEiriEs and -the five PRINCESSES, honoured this Theatre with their pre_ Bence, for the first time this season, to see the new - Comedy of Filly as itFfies; and Paul and Vir g inia. The Royale Box was - fitted up in the one pair of stairs, over that'Which was formerly occupied by . THirit MAJ ESTIES. It seemed equally conirnodi ous-, andmost have been warmer and more comfort.• The Play seemed, to afford the highest entertain_. merit to'the Royal Party, who were received with the,Warmest apPlause.—The popular air of Godstik4 lheKung, was sung by the Vocal part of the Com. Pany at the entrance of THEIR NIA/EsriEs and Alpon theft - retiring , and Ruh , Britannia was called for, andreceivedwith enthusiasm between the - Play and Entertainment.- Both - thelC.ro and the QV E EN, to the gratifica. .ton and deligllt of a loyal. and afeaionate Audi_ 'trice, appeared in the best health and *spirits. The loyal aspiiation, in the National Air, Send him vidarious, .'llappy and glorious, • Long to reign over us, - - *as particularly felt, and rapturously- applauded; a wish, that we doubt .not, will be re-taped. frost the. remotest corners of the British Empire. The Audience was numerous and genteel. His Royal Highness the Duxt of CAMBRIDGE sat in the side-box opposite his Royal Parents. Mrs. ItiLLtim.row it so much indisposed with a t'tld that she is :inch} to 4ppar to..;;ighL.llC. `tent -Garden Theatre, as was announced. *PENSiPV Coi.LECTIoN. -••• Lori SPENCER 4 tely gave Edwards the Booksellor t of the sum of One Hundred and Twenty Gui:eeas for !I) Original Copy. of DANTE, printed n 1472, notwithstanding he possessed several other copies of l irerent dates and impressions ; and his Lordship has peen (Anted, by the late Mr. Payne of the Mews. gat e , the immense sum of 13,0001. for his collec. lion of a few hundred volumes of Original Editions Qf Iranian Classics. .• " Shakespeare's first p l an' of the Contention be. ;ixt the two famous Houses of. Yorke and Lan_ t aster, with the Death of the good Doke .Hum -I*t'ey, arid-.the Banishment and Death of the Duke 4,, .Suffolke, and the tragicall ertd of the p i - gad Car':. 7,inall of Winchester, with the notable RebellioU cif Pick Cade—and 'the Duke- of Yoxke's first .claime 4 1)to the Crowne. London, printed -by .Thomas Creed and Thomas. Milliitgtim, J 594 . ;" Was or yesterilay, at the sale of the late SAMUEL 4 'YSSEN,ESCF. by Mr: MALONE , for 37 'guineas. 7'he Press, God. knows, .has many errors, but it I s surely ingenious enough to call that an error of 14 e Press, ivhielt makes a man who is in Scotland, = Peak at the India-Fklise—lf- it be an error,' it trust undoubtedly be one in the department of the 4'l> The fineness of the weather, and the strength, of t: IC ice, attrnded a considerable hunibcr of Skaiters T t ,„? th e S erpent i ne Ri ver , i n H y d e - p ark, yesterday. he ice is bearing over the whole sheet of water, not less than three or four hundred ,amused t hemselves at - a time. Among them, in the early pert of the day, was a Dutch Lady, who displaye.l ktraordinary skill' and grace. Among the details re'eived from Marseilles 1 , - , lative to the inundations experienced in part o f t Southern Departments, the following remark.; °le fad} has been mentioned A child, whose i4 rents andd - abode are unknown; was found alive in its eracq.zrvhieli floated with the innocent on the Z 4 tet. The innocence arid weakness of this new cries had been respefte4 by the elements, and we o t s b ignorant how long the . child had remained in hot perilous situation. The elegance of the cradle as the clothes, seemed to indicate. that,the belonged to a rich family." . . fhe weather was colder ort - ThursAap night or ;!day morning than at - any ti th e during - the present , rosy of FRAsEit's . Thermorneters; for in a North aspect ,at 1514'1g - ton,. has stood as cl 'itws during the week ktween tert o'clock' Sunday night and Moriday Trioi.;;itog . Sek Ven o'clock, at 24 deg-. 'or below thp frtezartglioult 7 tetween 2.londay nik;ht and Tdesday mdriiing„ At 23, Oween_'rliesday night and Wedhesdaynloinin . g, 28. etween Wednesday night and Thursday inOrning, 23. t 'tweell Thu(sday.night and Friday morning, .2. b.. Mr. WATTS, who succeeded to the bulk of the te at fortune left by the late Mr. BE Kis-1464r, ' t ill . the favourite of Fortune. Mr. SasiTt~,the N ta ndson of - M . r . . KENTON, to whom: he left Sool. ti v t ' a nnum, died about three month's ago,, 4 3 and this sums now reverts to Mr. WATTS. P AMs, nEe. Tat Inscription's which were inscribed on the front of the Churches have been,taken away. The overflowing of the Seine has begun to sub. side, though hitherto not in any great degree. The Archbishop of MILAN arrived at Turiv on the 29th ult. This Prelate, who is more than So years of age, is going to Lyons._ Our Papers now state, that General MO EAU did not give a grand dinner onthe 3d inst. and has not taken up his residence at Strasbourg, As was staled some days ago. We have avoided entering into the details of the afiliaing intelligence which we have received re_ spewing the disasters occasioned by the storms and rains, which have been incessant for two months. .We shall, however, now state some facts, to-shew the dreadful effects they have produced in marir parts of Europe. Ba,EsT, Nov. 30.--The Ships of War of the Ex pedition were on the 28tb at n i g h t .u p on the point OT getting. under Weigh. We expelled to see them sail the next morning, but the weather • being ad verse, they have been compelled to moor again.- -Two Ships that made part of it are dismantled, and are, to be replaced by two others. - A f3rmight after the sailing of the Expedition, two Ships .of War and some light Vessels will be dispatched to carry effects that are expected; and -several pas sengers who are not suet arrived. Yesterday morn ing the sky: was .serene, arid the cold pretty sharii,, but the wind continued at North-West, and conse , quently adverse for the siding of the S'quadron. General LECLtRc has on board the Ocean, where he is with his wife, an aparttnent very richly awl elegantly adorned. BREST, DEC. S.—When we beard of the signature of the Preliminaries, the shops were full of Mer chandi3e of all kinds. . Several articles, such as nankeens, cottons, &c. we r e of cour s e expeded'to experience a great fall; !nit the Sr. Domingoex pedition has: in general prevented_ the merchants :from being great loSers.—ln almost all the shops, and during the Whole day, one must wait one's turn ; it is a continual influx, ofsurchasers-:: Thc- - Je articles, ,upon which great loss was expeded, are the rarest. Nankeens are not to be had. The - :night before last the wind c4;ne - round to the. Northward, and every one, hurried .on board in hopes th.tt trie Let would sail at clay.break,,kut in the night the wind changed to South, acc.c.mvanied with rain. For the last fortnight the squadiiiii has not had 'a fair wind for sailing. . . . Bo UR DEALTX, DEC . ..4.—TheEiho, of Bourdeaux, recites an extract of a letter from the, Cape, from a Colonist of Port de Paix, in which he : says, ." Domingo is tranquil, the _Cultivators work,-Pro peity and proprietors are respetled there. We hasve not yet had all the produce we woUld,wish, but the peace and tranquillity estabiished will not fail to realise the wishes of all good Citizens. Time and patience, these are the burt hen of my song."„ VIrrTNA, Nov. z3.--The unexpected arrival of M. le Comte de STADION, our Minizirer at Berlin, has been publicly announced by a cove. It is, hoWeVer, - generally supposed, that lie has received .orders to quit his situation, in consequence of an -interesting conference with the Prussian Minister, on the subjeets of the Indemnities, and the Ecclesi astical Secularizations. Some go so far as to assert, that he will remain until the affairs of the Empire . shall be finally settled. We are in daily expectation of the retur n of the Courier LAT:OR,ET, who has been sent to Paris with Dispatches relative to the Grand Duke of TuscANY, and the Deputation o( the Empire. At his return, and not before, His Imperial Majesty will finally arrange the time and place for the as sembling of tliat ComMissiOn. As an Especial Court of Aldermen held yesterday at Guildhall, HENRY WOODTHORPE, as Town.; Clerk, THOHAS SHELTON, Esq. as Clerk of the Peace for the City of London, and' Town and Borough of Southwark, and Register of the Mayor's Court, and Messrs. HARPER' and JACKS, as Coal- Meters in Trust for the City, were sworn into their respetlive Offices, and took the Oaths of Al. legiance accordingly. Mr. Chamberlain CLARKE'S AddresS to Sir SID- NiY . SMITH upori delivering to him . the . Sword voted to him by the City, is the theme of general admira tion: The allusion in it to RICHARD 'CC:MA DR LION, and the compliment conveyed, by it to Sir St DNEY, Was classical, delicate, and elegant in the extreme. Citizen REGNIER has presented to the French Institute an Egyptian robe; and some pieces of cloth found in digging among the . ruins at Sakara. This monument of the industry of the ancient Egyptians, may serve to shew the state of the Arts among that people,. In his Letter tv rhe.Presidenr ; he says, that the events of Warhaee deprived him of several articles which he had colleled in Egypt, but that .he trill expeds some curious produdions, which he .will lose no time in communicating to the Institute. He further states, - that he will transmit to it the ,observations which he col:eOed, and which he its at present occupied -in . digesting, upon the different classes of the Inhabitants of Egypt ; their 'manners, civilization, &c. , • General MENOO has brought with him from Egypt a Ci‘ette, the animal which produces ,the murk. He has presented .it to the Museum of Na tural History ; and as it requires a„-wartn climate, great pains are taken to preserve i t .t,s life. A few nights ag'o, a man' of genteel appearance, who had lodges for seven weeks in Castle street, Whitethapel, invited the people of the house to cirink . some mulled raspberry - with him, but in which it appears laudanum had been mixed ; the husband fell into a sleep from whence he never awoke; and the woman was taken' to an hospital, where; by proper applicat-i6ns, she was -relieved from the dele terious effeds of the poison. As soon as" the tau. danurn had overcome their senses, the villain broke open a box, from whence he took rol:'and two . silver watches, 'With which he escaped. He prey. tended to be a Mariner, and eniitled to.a large suin of prize-money ; but went by different names. LA! 7 REPORT. COURT or KII4G'i BENCH, Dm tg. .SITTINGS nFroRE LORD KLNYON, Atib A SPECIAL JURY IN GUILDHALL, LONDON. DOBRIE, ESQ. THE EAST IkDIA CONIPANt: THE ATTottNEr GENERAL stated, that' this was 'an Aaiun by the Owner . of a Ship WhiCh had been chartered to the East India Conipany;• . to recover a Compensation in Damages, roi the use and . hire of that Ship; she was chartered to the 'East India Company in the year 1796; :: By this Adion the Plain tiff- contended,_ that he was intitled to remunerationlor the- wear and tear of his Ship,- beyond, tharWhich*tas Covenanted in .the Charter-party between hint and the East -India. Company. -She-was to le employed in -the service of the .East India Company in trade and war, &c. but he contended, that she was afterwards employed in a manner which the Charter-party.did not war rant, being fitted out for Manila,- and made 'to carry '36 guns instead of z 6, which was her corn . plement, and that in Orkin,' respetlS, . she had„been 'so used as to become of less value to .the Plaintiff, &c. Some of the particulars of whicl4 he stated,: and the, substance -of the case was this—Thar the . Defendants had:Poinnaitttd an .excess of thepower -given by the Charter-party, that the Whole equip ment of the: Ship was ,altered,.;. lhat. thereby the- Charter-party. was abandoned,. and that on account of it, the Comp a ny had beat:Nile l'i . spasSe'es on the. • property of the- P)ainriff in this Ship, ,and -that be, by this.A&ion, did seek c , )Mpensation for sack ex cess. Thkby - theChartcr-party •ir, this 'case, the Company had not power to let the:Ship Pitt for war,' in the manner 'they had done. Lord KENYON• Said, he did not know what the merits of this case might be,, 'gut he ,did not.see: how any misconduct - 4supposing there wits' 'my); ,Oflthe Company coaldiall under the head of .thii,aetioi). _ _ This was an anion on the Charterlarty, which it set forth; and therefOre 'it was complaint for an injury arising ex contra e.. The excess-of the, power of the Company, as here stated, created- an injury (if any) ex ; and therefore his _Lord- .ship inclined, very much; to_think that the Plaintiff had no remedy, at least, by, this form of aCtion,— By this ataicm the Plaintiff complained of an injury arising. out of the Contraet, , and the substance of that which was alledged in support of, that corn_ plaint, was a miiconduCtivhtchrould not be ranged under this :.ttliou., So that flie adion did. not pear to him, at present, to be adapted to tree case., Nor h 0 his lordship, at present, any great doubt even upon the Charter-party. *He could not Corl ceive any words that were more comprehensive, and which could give more control over a Vessel than those employed in page 19 of the Charter-party. 13y which itwas provided, that the Company should employ the Ship for all purposes whatsbever, in trade dr in warfare. Now, had the Defendants been desired. to use the mosrforcible worth 'possible to give themselves, an absolute dominion over the. Ship, the - probability was, that they would use these very words, at least, his Lordship said, he krrew of none that were stronger. • The ATTORNEY GENERAL ' said,lhe parties must t'e his Lordship_'.. j:ltigment . • Lord KENYON said', he likedA to !erve these very large and important' points for the opi.. nion of the Cow whenever that was, desireo, and indeed It was more satisfaaory to hiM .that • the Court should decide .them,. thit,9, that " they should have only his authority for the decision, But he meant at. the same :tittle, to say,, that there was in his Mind, at' present, very, little tiiikulty in the Case. " In trade or warfare, or otherwise howsoever, and for all purposes whatsoever,", ap." peared to him' to be words that xxould amount to an absolute doMinion over' the Ship... fiere the Plaintiff professed to go on an implied cont rad; and yet imputed to_the Defendants a breach of all con _ _ traa, by misconddi. That would not do—although' he said this, yet the East India Company being a large and powerful body cQuen, would eventually, be guided by liberal considetations of the' Case, and it there were any real merits.in..the Plaintiff's Case, they would not let hifrissbffef t ;r Mr. ERSKINE said, the Company could not 'ob- - jea to putting this in-a way to be decided by the Court, for if this Case . was to 'be given up 'on the part of the Company, it became a common cause ' against the Compny, for many other Ships were in the same situation. Mr. ROUS said, that all the fitting-opt in this Case, for the purpose here complained of by: the' Plaintiff, was at the expnce of the Company. Mr. EMICIVE said, that•the Charter-party gave power to the Company to do as they pleased with the Ship. It was whimsical to complain of the' equipment of the Ship, especially as the Defendants defrayed it. Suppose he had hired a servant to go on a journey, and he had only shoes and stockings on, Would it be matter of complaint against him for giving him boots and spurs ? Rous said, that the warfare of-the , Corn. pang was under the power of the Crownithat they were united and blended in all warfare. • Lord KENYON said, that if, this was a qiiestion involving only the amount of 51., he doubted very much, whether any body-would have a doubt upon it. He could only say, upon the general point, he had, at pi - e - sent, no doubt. The words of the Charter-party appeared to him to give to the Com. pany the absolute control'of the Vessel. He knew ,of nothing to restrain it. There was nothing in the Charter-part; that militated against public con venience ; nor was there any other circumstance which required that these gener3l, comprehensive' words, should be narrowed in their construaion. However, his Lordship said, he should reserve the point, and, if either side - should desire it, the case.might be turned into a Special Verdict ; but his Lordship said he could not bring his mind to tbubt upon it. Verdid for the Inaintiff, subjea to the opinion of the Court' upon a case to be stated. ROBSON, ASSMD:EE, -7 &C. V. BLAKEY. This 'was an ACtiort of. Trover : • the declaration stating, that the Defendant had converted to his own use, a Ship belonki4 to We Port of New. , oastie, the property of a Bankrupt, of Oiliose fees the Plaintiff was Assigne. It kas stated; that George Blakey, the elder; - becatie bankrOpt some time ago, and while he way in conternplation of that bankruptcy, he transferra the Ship in question to the Defrodant; his soit t; wlso was the Captain of that Ship, tore sonie dernaridS which the Defendant, the son, had Upon the father: This was stated to be a fraud t.4)on the rest of tfr~ Creditors, and therefore this action was hrolight ;to recover the Ship, or 'the value of it, in ,order 16 •••bring it. to the general Creditors of the Winkru l ;ri and that the• sort. might come - . in •'under'. - the Coln. misSion. Besides this, there was an obie-ttion the transfer, whiCh was' made of this Ship twin tht.. - father to the son; indstnuch, as it .had • not been - made in the maimerwhich Was-required statute,. 14;16C11 .'Vas COITIMOIIIrciIUt3 aiyLord Havv.kebtiry', Aet, fOr regura ting . the trod of Registering Ship s , for the better' Sectitit . y of the COMMerce and Navigation of this Country; - oc., :It appeared in -evidence, that' these regulatiOni were not complied with, according to the opinion which my Lord kENYOI4_, had, . " of the At of Par_ liament in _question, which iS cOrtionly called Lord iliwkesbury'S• Aft, an Ad . -which, his Lortishiji said, made the Public indebted to the Noble Author of it, being a wise Measure; and beneficjai to trade. He- knew something of the. history of that A& Some poinis occurred .to himself, not from any ,gatity ,superior to what. my Lord - Hawkesbirry sessed, he'did'hot pretend it, but from the circtll4- stance of being in the, way ,Of seeing and 'hearing 'cases: in Court-of •Lax V.. He gave that- Noble • Lord some',hriits,lWhichfie, - with tha t candotwand. lidierality which accompany great 'abilities, ,and by -which that - Noble -Lord is distinguished, adopted theiii His Lordship.thought that the Defendant, who was thesctn of the. Bankrupt, did not conform to this Ad, and that, thereke, this transfer of the Ship to hint;•• was - not a - regal tranSier ; lint; as - this was a point of importance,itriti never before decide_ d, he shotild, alill'ough he h:tel btit little doubt uponit him Sell, save the point, for ,the opinion of the .Court, if than should be desired. There . was -no proof _gone into as Co ilto fraud of transferring this Ship by the father to the son in contemplation of a batil , ,,:ruptcy. • . Verditti for the: Plaintiff; .datnagea - i000l.;: the Defendant, uotirtakit to deliver up he Ship; &c., Another eaitse \Sias opened, the question of which Was turned into..a- Special Case, with liberty for either party to turn it into a Special Verdi& eitc.' The rest Of die SpOCial Jury causes appointed fQr the. day, were deferred. 13QI:TON O;..ADSTON. This was an AEtion upon a Policy of Instirance, at and from St., ;Thomas's to Africa; during the ship's stay there, and from thence to Surinam. • .MI'.7EROCINE stated, ti-.at the fatfts were agreed,' on, in this , case, and :the. question whether the .war:. ranty of Enemy's property ryas fulfilled, :was a question of I.IW, which they, on• behalf of The Plaintiffs . , contended had been set - tied in. several .cases already before the Icing's Bench. TheATTOKNEY GiNER4I. stated, it w,7s a que s . tion whether the Ordinances of icOlar . Nation's were binding- as to others. He admitted, that if he succeeded, he shoul(i' undo - many cases already - de. cided ; but his opinion coincided With the opinion which his Lordship seemed to entertain when the question was 'first agitated. He Aso knew That high authority in the Admiralty CoUrts of this Country went : the, other way. Lord KENYQ.N said, those ordinances, might be bituling inter se, but, dOubted if they. ought to bind other nations. . .It.was fir, howcver, that the - worli should know, that different Courts in this country, did not hold diffetent'opinions Upon the saint ,ques tion, . It was at len&th agreed among the „parties, to take a verdid for' the Plaintiff; .subjeft to be turned itno A special vcrdiii, or put in a .shape, so as, to receive the opinion of the Cott of the dernitr resort, if necessary:: COURT OF COMMON PLEAS; Die. a. StkOR.S CORD ALVANLEY AND. A SPECIAL 3/111,i, BRUM against 13ZAKE. Tx is anion was brought by the Plaintiff, • who was. the Commander of a Danish Vessel called the Rebecca; against the befendimt, who was Qarain of the .Nimble Vriv-ateet of Liverpool, to recover ilamages loran alledird TrespasS, Assaulti and False Imprisoninent.. • Maria ChriStiansand, a native of Norway, stated, that she Was. a pissenger from CarthagenaOn boarl the Plaintiff's vessel, : , which she understood to be boand from 'Ailesgina AliOna, Jane, -1799. ''Fhat they were:hailed off. the Coast of Spain by the Defendant's vessel, who ordered - the 1 5 iaintiff tn. come on bOar:l with his. payees... That •there was a vei*r. high sea at, the tiine; and the aliedged this-as , an.excu3e for not complying immediately With the request of the Defendant, who then run ' his vessel against.the_Plaintiff'S, - which thereby re= ceived injury, and was in some.danger: That the Captairi. and the Witness being'. at length got oil board the Defendant's vessel ; were detained rri_ soners in the cabin all night, and the next m , :rning were sent back to - the vessel of the Plaintiff, in a boat . which was partly - filled. wich.warer, and from which the scoop to bale ont the water had been preViutisly taken away by the Defendant ; the sea ' still continuing rough and tempestuous That on their return to the Plaintiff's - Vessel; they found it had been pluAdered of most of the valuables and provisions' Which were on board. . Lord A orA E x.would not permit any evidence to be gone into relative to the taking away any property on board the Plaintiff's-Vesgel, observtrig that this was -only a personal Adiop for Asto4tlt and false Imprisoprntnt, and that an question re.: lative to the propertK, must be tried before the Court of Admiralty, or at any rate, come before a Court of Common Law, in the sirai)e of ' . an".l l / 2 .:tion against the'Owners. The "Wt-r . nesl being • asked`-by .the Jtify if the Defendant struck the Fiaintift. or laid kinds ujx ii him, shc answered in the negative. . . • • A legal argument cusped ber%Vee'n Mr. - Serj - elnt 'CoCKFLCard Mr. Serjeant HE:r f r the P,j . l , lllif; and Mr: Scrjeant aid Mr. Seljcant •