The Sun. — London, England, 1817-11-15 00:00:00

with it, that they did riot cease their impprtuni ties to have it published, till his Lordship, after much hesitation, consented to print it, with a po sitive determination, however, against a publi cation at that time, assigning, as his reason, that the work was not finished in such a way as be wished it to be, before it went into the wot Id. " Conformably to that determination, some co pies of the Essay were printed, . which \vete .dis tribute(' to Lord Cornbnry, Lord Tvlarchmont, Sir Wyndham, Mr. Lyttelton, Mr. Pope, and Lord Chesterfield ; one only having been re served. Mr. Pope put his copy into the hands of Mr. Allen, of Prior Park. near Bath, stating to him the injunction of Lord Bolingbroke ; but that gentleman was so captivated with it as to press Mr. Pope to allow him to print a small impression at his own expense, using such caution as should effectually prevent a single copy getting in 0 t:'e possession of any one, till the consent of thy aothm should be obtained. " U►ider a solcrun engagement to that effect, Mr. Pope very reluctantly consented : the edif ion was then printed, packed np, and deposited in a separate warehouse, of which Mr. Pope had the key. • _ _ _ On the circumstance being made known to Lord Bolingbroke, who was then a guest in his own house at Battersea with Lord Marchmont, to whom he had lent it for two or three years, his Lordship was in great indignation ; to ap pease which, Lord Marchruont sent Mr. Greveu kop (a German gentleman who had travelled with him, and was afterwards in the household of Lord Chesterfield when Lord-Lieutenant of Ireland), to bring out the whole edition, of which a bonfire was instantly made on the terrace of Battersea.', • " This plain unvarnished tale, our readers will probably think, tends very much to strengthen the vindication which Warburton offered for his deceased friend, although he was ignorant of the concern Allen had in the matter 3 but it will he difficult to find an excuse for Bolingbroke, who, forgetting the honourable mention of hint in . Pope's will, a thing quite incompatible with any hostile intention towards him, could employ such a mau as Mallet to blast:the memory of Pope, by telling a tale of " breach of faith,' with every ma licious aggravation, and artfully concealing what hernust have known, since Lord Marchmont .knew - it, the share Allen had in the edition of the Pi triot King. " Of _the editions of Pope's works, it is unne-• cessary to mention any other than those.. of -War burton, and Johnson (the poems only), Warton, and the recent one by Mr. Bowles, which contains many additional letters and documents illustrative of Pope's character and connections. • Da. PORTEUS.-"" This worthy Prelate had for some years been subject to ill health, which at length brought on a general debility, and on the 14th of May, 1808, he sunk under the pressure of •accumulated diaease, being in - the seventy-eighth year of his age. He left behind him a justly-acquired reputatiOn `for propriety of conduct, benevolence to the clergy, and a strict attention to episcopal duties. As a - preacher, he obtained the character of an accomplished - orator; his language was chaste, his manner always se rious, animated, and impressive, and his eloquence eaptivating. He seens!d to speak from conviction, a n d being folly persuaded himself of the truth of those doctrines which he inculcated, he the more readily persuaded others. In private' life he was mild, affable, easy of access, irreproachable in his morals, of a chearful disposition, - and ever ready to listen to and relieve the distresses of his fellow creatures. In his behaviour towards dissenters front the Established Church he discovered great moderation and candour. While he was a*sincere believer in the leading doctrines contained in the . Thirty-nine Articles, he could make allowance for those who did not exactly come up to the same standard. Toward the latter 'part of his life, he was accused of becoming the persecutor of the Rev. Francis Stone, a Clergyman of his own Dio cese, against whom he formally pronounced-a sen tence of deprivation for preaching and publishing a sermon in direct hostility to the doctrines of the church to which he belonged. Mr. Stone had for many years avowed his disbelief of the articles of faith 'which he had engaged to defend, and for the support of which he had long received -a handsome income, but no notice whatever was taken of the unsoundness of his creed. He preached the offensive sermon before many of his brethren of different ranks in the Church ; yet 'perhaps even this attack, which could scarcely be deemed prudent or even decent, would have been unnoticed, had he contented himself with promulgating his opinions from the pulpit only; but when he made the press the vehicle of disse minating opinion's contrary to the Articles of his Church, the Prelate took the part which was • highly becoming the high office which he held. • " The benefactions of the Bishop. of London were numerous, public as well as private. While lie was living, he transferred nearly seven thou- ' sand pounds in Three per 'Cents, to the Arch deacons of the Diocese of. London, as a permanent fund for the relief of the poorer Clergy of his Diocese: He also transferred stock to Christ's College,-Cambridge, directing the interest arising front it to be appropriated to the purchase of three gold medals, to be annually contended for by the Students of that College : one medal, value fifteen guineas, for the best Latin dissertation on any of the chief evidences of Chrisiianity. - ; another of the same value for the best English composition on some moral precept in the Gospel; and one of , ten guineas, to the best reader iu and most -con stant attendant at Chapel. He bequeathed his library for the use Of his successors in the See of London, together with a liberal sum towards the . expence of erecting a building for its reception at the.• Episcopal Palace at Fulham. At Hyde-hill, near-Sundridge, in Kent, where the Bishop had ; a favourite rural retreat,., he built a chapel, under which he directed his remains- to be deposited, and he endowed it with an income of 2501. a year." Thursday raorn . hig, as two young gentlemen were shooting birds, on the borders of tiornsey-wood, the gun of ,one of them on jump ing over a ditch went off, and shattered in kdread f.il iilanner the left hand . of hiscoinpanion, taking off t ►vo of his fingeo. . AMERICAN FISHING VESSELS. MONTREAL, OCT. 4. , --We copy the following Decree of the Court of Vice-Admiralty from the ilalifur Free Press: it is a decision In favour of the American fishing-vessels detained there in June last, which were on the 29th ult. restored to their owners, upon payment of costs Decree pronounced by the Honourable MICHAEL WALLACE, Jnitge of the Vice-Adiniralty Court, on Friday, the 29th ult. in the cage of Ameri'ean fishing-vessels, seized and de tained by his Msjesty's ships of war, in the harbours and on the coasts of Nova-Scotia. This is a question of great national importance. Under that impression, it has had as much Con.. sideration on my part, as my humble talents are capable of giving it. • 1 entirety accede to the principle laid down by the Advocare•General, that the American Govern ment, When it commenced hostilities against Great Britain, cnt the cord on which their• treaty of 1783 with our Government hung, and thereby dissolved. every condition, obligation, and privi lege it contained, But as American subjects have long enjoyed under that,treaty, the privilege of fishing on our coast, and there being to specific notification front our Government that I know of since the treaty of Ghent published on the subject for me to have recourse to, I cannot adopt so serious a n►ea•ure as the condemnation of the pro perty of individuals who seem generally igno rant of the intentions of our Government with respect to •the prohibition : besides, it does not appear to the Court that any of them were found in the act of catching fish, or trading with - the inhabitants in any of our bays or Imat'bonrs, but merely seeking shelter front the/ weather, or a little fresh, water, which, under existing circum stances, I cannot view in the light of an infringe ment of our rights. Independent of this consideration, were I in clined to enforce the principle of national law against the claimants in this case, I should be at a loss what penalty to pronounce upon time aggressors. - _ !m all other cases in which foreigners are seized for unlawful traffic, there are positive Acts of Par liament inflicting a forfeiture of the property and other penalties for the offence. Is it a matter of course in this instance, that these vessels are to be condetnned and forfeited to 'his •Majesty cannot think so. •I have no law to guide mein my judgment, no Proclamation or Orders of Council, no instructions 'of any kind. by which I can measure the punish ment to be inflicted for this infringement of our 'colonial rights. It is totally a new question, and one that I con ceive to be involved in much doubt and difficulty, in consequence , of the silence of the Treaty of Ghent on this very : important subject. - I am not ignorant that negocia-tions have been carried on respecting the fishery in question, be tween our Government and that of America : those nego'ciations were broken off in January last, if is true !.--but it is equally true, that they have been renewed and are still pending. Under such circumstances, therefore, I. do not consider myself justified in condemning this, pro perty to his Majesty ; but shall decree the vessels and property belonging to them to be restored to the claimaists on paying costs : from which de cree, if the seizers are dissatisfied, 'they are at liberty to appeal to a superior Court, where it is probable the subject has been under the discussion of able minds, and where the intentions of our Government t'vith respect "to it can be fully ascer tained. MELANCHOLY SUICIDE. CORONER'S INQUEST.-Thursday night, at nine o'clock, an Inquest was held at the Cock public house, East -street, Manchester-square, before T. STIRLING, Esq. Coroner, on view of - the body of Mr. S. Smart, aged 60 years, who pot a period to his existence by shooting himself with a pistol. J. Harris, under-butler to Lady Elizabeth Drummond, 24, Baker -street, stated, that he had been 'acquainted Witlrthe deceased some time ; he was upper-servant in the family, and one of the Poor Knights of Windsor. On Wednesday Morning last, about ten o'clock, he was pumping water into the cisterns up stairs, when the de ceased passed him along the passage in the direc tion of the laundry ; he looked wilder than ever he had seen him before, and was throwing his arms about in airenzied manner. Witness shortly afterwards heard a loud report as if a board (to use his own expression) had broken in two; but from the noise of the pump, he could lorni no idea of what it was occasioned by ; however l►e called the deceased's son, and they proceeded up the laundry stairs, the back way to the stables, where they found the deceased on the-floor weltering in his blood, and the fatal instrument lying near hiM. A surgeon was instantly sent for, but his efforts proved unavailing:--The deceased bad se veial sons and daughters, all in respectable cir cumstances ; but one of them had the misfortune of being insane, and was confined in a madhouse, which so preyed on the intellects of ale wretched father,. that he was no longer the same, but al ways low and desponding. He had plenty of money, and never wanted any of the necessaries of life. Mr. Armstrong, a surgeon,, said, he was called to see the deceased ; be had often attended him before, and was.not at all surprised,to hear of the dreadful catastrophe, as be had always held him to be insane since the confinement of one of his daughtets, He went to view the body, and found a ball had passed through his right ear ; he could render no assistance, as the deceased expired al most instantly. The Coroner briefly summed up, and the Jury returned their verdict—insanity. Yesterday morning the house of Mrs. Mer .chant, cow-keeper, Nash-street, Poplar, was bro'ken open, and robbed of an elegant pier-glass, wearing -apparel, table-linen, &c. to the value of upwards of 1001. Yesterday morning, about five o'clo'ck, the dwaing-house of Mr. Joseph Ashelford, of Maze Pond, St. Thomas's, Borough, was broke open and robbed of a large quantity of Brussels car- Lyeting, and several scarlet morine curyins. LAW INTELLIGENCE. COUR't OF CHANCERY, Nov. 14. The LORD CHANCELLOR was this day occupied in hearing Bankrupt and rartnershii) Casei, of no interest but to the parties concernetil. His Honour the VICE CHANCELLOR was occu pied in Cause Petitions, but nothing occurred of any interest to a general reader. COURT OF KING'S BENCH. SPECIAL PAPER DAY: GILL AND ANOTHER V. DUNLOP. This was a writ of error from the Common Pleas. It was an action upon a policy of insur ance, dated the 23 of May, 1808, at and from Lima, or any other port, &c, on the coast of South America, to any port or ports in Great Britain, on the Portuguese neutral ship Bons lrmaos or Trium Americana both or either at a premium of 18 guineas per cent. subject to cer tain returns for convoy. The cargo consisted of (livers goods, dollars, and specie,wiiich were ship ped at Lima, and afterwards captured and detained within the harbour of Cadiz, by persons acting un der the authority of the Spanish Government. The question was,%% holier this voyage required a license from the South Sea Company to legalize it, in ad dition to a license from the British Government, which appeared to has been granted to the Bri tish subjects interested lo the cargo. The Court 4 Common Pleas iteld, :hat inasmuch as the 42 Geo. 111. c. 77. anthoi ises any British vessel to trade, as well as to fisu, the Western Coast of South Arneriel, within the Inuits theicin ;!rescrih ed ; and as the 45 Geo. 111. c. 34. gives the solp.f. privileges t neutral vessels, if licensed, as are given by 42 (..-;e0. 111. to British ships, therefore the voyage iu question was protected by these two Acts. With the permission of the Court below ti l e case was afterwards turned into a special ver dict, and nor that verdict was brought under the consideration of this Court, for their decision upon the same question. The case was argued at great length by Mr. Richardson for the defendant in Error, and Mr. Alderson, jun. for the plaintiff in Error, and, The Coo RT, after intimating a strong opinion against some of the grounds upon which the case was decided below, postponed their judgment on account of the great importance of the question.— Cur. adv. vult. MNIEL v. MOORS. This was a special case for the opinion of the Court. It was an action of assumßsit for money laid out-and:- expended to and for the use of the defendant. Plea- 7 4. Non-assurnpsit. 2. Actio nun uccrevit inter sex annoy. At the trial before Mr. Justice Bayley at the Summer Assizes for Yorkshire 18161 the Jury found a verdict for the plantiff, subject to a case of which the following were the lea , ing circumstances :—Plaintiff had been tenant of a house of which the defendant was landlord, at the rent of one hundred per annum, during the Operation of the late Pro perty Tax Act, by which Act it was provided that the landlord's Property Tax should he col lected- on the premises, the tenant deducting the amount thereof from his first payment of rent to the landlord, who, if he neglected to allow the deduction, was liable to a penalty, or subject to an action at the suit of the tenant. For twelve Years the plaintiff paid the landlord's property tax voluntarily, without ever demanding the allow ance thereof in paying his rent, still less demand ing it upon the first payment of rent as required by .the Act. The reason alleged for this was an apprehension on the part of the plaintiff, that if he urged the deduction'of the property-tax, the defendant would iucrease his rent. However, at the expiration of his 12 years tenantry, he com menced this action, for the purpose of recovering the amount of property-tax which he bad so. paid during those several years, and the question was, whether, under the circumstances of the case, the action was maintainable. Mr. BARROW argued, for the plaintiff, and Mr. LITTLEDALE for the defendant. The Court were unanimously of opinion that the action was not maintainable, upou the broar) principle that these being.voluntary paymenis,and the transaction having somewhat of an aspect of fraud upon the Government, the plaintiff was not now at liberty to enforce his reimbursement by process of law, and therefore gave judgment fur the defendant. COURT OF COMMON PLEAS. Their Lordships were this day principally oc cupied in taking justifications of bail. COURT OF EXCHEQUER. SIR WATKIN LEWES V. MORGAN. Mr. DAUNCEY shewed cause against the rule moved for some days past, calling upon the de fendant to deliver over to Sir W. Lewes., the pos session of his estates and the balance of the re ceived rents, amounting to 40001. after the pay ment of the mortgages. The present application, he said, was most comprehensive. It went to the same extent as in the simple case of a trans ,action between a mortgager and mortgagee. Yet during the protracted stages of the proceeding, every Court to whose judgment it was submitted, had pronounced it a case of great complication. His Learned Friends in submitting their motion, asking for a rule of such importance to the par ties implicated, and particularly to the defendant, did not cite a single authority to prove that any similar application was supported . by precedent. They called upon the Court to do that, per soltum, at the possible risk of great injury and injustice to Mr. Morgan, wllich, if they were right on the fullest investigation, and when the general report was before their Lordships, it was then in their power to attain without difficulty or much delay. But their Lordships were aware that independent of the amount of the mortgages, Mr. Morgan bad other claims on Sir W. Lewes—judgment debts, ‘vhich must be considered to give him an equitable lien on the property. The Court would hear in .mind that Sir Watkin Lewes possessed but a life estate in this property, that he was of an advanced age, and that therefore if the object. he now sought was acceded to, and the defendant was compelled to delifier up the possession of the , estates, Mr, Morgan, on the establishment of his claims by the general report, would have been left wholly naked and unsecured. It was also to be. recollected, that by the effect of the present bill the hands of Mr. M. were tied up, quoad these claims." Had no such object presented itself, he could long before that time have made them effective. The Learned Counsel proceeded into a detailed state ment of the connection between Sir W. Lewes and Mr. Morgan, a connection he would admit equally unfortunate to both. Various sums of money were a dvanced to the plaintiff by Messrs. - Morgans, anterior to the mortgages, of which Sir Watkin at that time stood in need, from the . , nature of the public pursuits in which he was en-, gaged, and of the great expenditure that such pursuits entailed. The House of Lords had in its wisdom restricted the mortgage debts 'to a cer tain amount, throwing out of their comprehen sion a sum of 24001. on grounds which he could not take upon himself to Sty he understood. • Baron GARROW.-The proceedings, which 1 read this morning, stare the grounds, and on perusing them you will find the decision was founded on good and striking reasons. Mr. DAUNCEY observed, that the Howse of Lords, though it denied their right to be admit ted on the ground of mortgage claims, never did say that they ought not to be paid. These claims where in the progress of investigation on the ge. net al report. • Interrogatories were exhibited to. he put to Sir W. Lewes respecting these demands. Would their Lordships, under such cireorastances, risk a possible evil to the defetidants ? Besi/les, the prayer of the plaintiff in the bill he filed, not only asked for the restoration of his estates, hot. for the settlement of all accounts between the . parties. There were judgment debts, indepeutl.., ent of the mortgages held by Mr. Moreau against. Sir \V Lewes. At ail tvents, he conk not see how the present motion, with a regard to perfect justice to all parties, could be accosted to. He ; did not expect that his Learned .Frietals could have looked for further than an order to lady the money into Court, and give up possession to a person appointed by its authority. Mr. Baron GEAUANI said, that the urgency of. the present case required a speedy determination, and that the Court would proceed in it to morrow. FURIOUS MANIAC.-The inhabitants of the rough were. yesterday thrown into a state of con-.; . siderable alarm by the appearance of a man in the street with a drawn swoH in his hand, which hi brandished about in a furious manner, assaulting every person who went near him. Informatiori of the circumstance was communicated to the Sitting Magistrate at Union Hall, who instantly dispatched some of the officers with orders to cure him and bring- him into Court.. He made a desperate resistance, and wounded one of the officers in the hand, but eventually was disarmed and secured. When brought before the Magis— trate he refused to answer any question. He was genteely dressed, and had an Officer's sash t round his body ; his conduct exhibited decided symptoms of derangement. Finding it impossi ble to obtain any satisfactory informarion frosts the unfortunate maniacs, : the Magistrates desired, the officers to endeavour to find out some;of his friends ; and after diligent enquiry, it was ascer-i' lained that his name. was John Cuthbertson, that he has beeti an Officer in the army, and is now on half-pay ; he has usually resided at Stockwell, and is subject to temporary derangement, at which time his conduct is furious and dangerous in the, extreme. The. Magistrate sent for the Parisi, Of- ficers of Lambeth (in which Stockwell is situat-, ed), and delivered him into their charge to be taken care of. COURSE OF EXCNANGE, FRIDAY, Nov. 14. AnTstertiani Ditto, at Sight 37 0 Amsterdam Ditto, at Sight ll 7 Itotterth.o Antwerp ll 11F.x.Mony filain6urgb 34 9 21 Us. Ahem'. Paris, 3 Day's date . Ditto Bourdeaux, ditto Frankfort on the Main _ . . . . Madrid , Cadiz 38 Ettectiv,e Seville . Bilboa Gibraltar Leghorn •• . ....... 49i , Genoa... 46i-Venice Malta... ..47 -Naples • 42k Palermo .. . I i4a. per Oz. Lisbon Oporto . Rio Janeiro. Dub1in......... 81..... C0rk..... 81 per Cent. Agio of the Bank on Holland.... 2 per Cent. Portugal Gold, in Coin 1 .4 0 6 per OZ.) Foreign Gold, in Bars 4 0 6 Silver, in Bars COAL MARKET, Nov. 14. Ships at Market. Ships sold. • Price. 441 Newcastle ... .... 301 345. 6d. to 465. o 1 13 Sunderland . .10 375. 3d. to 425. Dd. BIRTH. On Thursday morning. at his house in Manebester-Squaref the Lady of T. Higgins, Esq. of a daughter. MARRIED. On the 11th inst, at Mary-le-bone new. Church, Mr. T. Curtis, of Moreton, Gloucestershire, to Eliza, second dotter ter of Mr. J. H. Billing, Southatupton-row, liiigeware-road , . On , Wednesday last, at Islington Church, Mr. Richard Winkles, jun. of the Lower terrace, coal-mercuant, to ELL Ann Knight, youngest daughter of John Knight, Esq. of tl Uppe r-street. DIED. On the Bth instant, at Boughton Hall, near Maidsto„n 6 Clement Archer, Esq. late Lieutenant Colonel in the 16w° or Queen's Light Dragoons. On the 31st ult. at his-house at Bengco, near Hertfe greatly respected,' Mr. Special West, aged about 77, a n calk nent preacher among the people called Quakers. Nov. after a severe illness of fourteen months, WWI! •she bore with the utmost resignation and fortitude, Ik /I° c; Ann Lane, eldest daughter of Mr. James Asperne, Book ie ' ler, of Cornhill. „ T „.. At Deptford, of an inflammatory fever; on the 3d of Pv*: vember, Lawrence Dundas Bruce, Midshipman on board l 9„ Majesty's ship Glasgow, fourth son of the late AlexanSV" Bruce, , Esq. of Kennet. LONDON: Printed VI. B. CARSTAIRS, of No. 29, Greer Ormond-street, Qui:en-square; and published by I• Zor4 SCRIPPS, of No. 7, South Molton-street, at Tsig Office, No. 112, Strand; 'where Advertisementsorae'" Letters, &c. (post-paid) must be addressed.