The Sun. — London, England, 1806-03-03 00:00:00

r j the Witness if he knew of any. 'Other person who owed money to the Plaintiff; but was stopped by Lord Kenyon, who immediately declared•that the Witness was not bound to answer against hiniself. This' therefore seemed to be a point. of Law so clearly -established, that there had been no doubt about it... The reverse• of such a prin'cipie would, in his' bpinion, be produ&ive .of the worst:conse quences, Besides the case ot 4 Lord Keith, which had been already mentioned, he remembered a case which happened in 1771 or 1772, where a Gen tleman, from India ; in conseqUence of some ay= knowledgmet is which he.made in evidence before a, Corni - ntte of the_LibuSe of ComMorls, was sub- affirms,. where the proof against him consi.ted of the evidence .given by himself; and in which he had a verdict against him for '2ooctl. iii one action, aild 160 d. •in another. After going through- a variety of Other 'arguments, he, con auded by giving it as 'his. opinion, that' a Witness - , 'under the circumstances mentioned, was not com pellable to angi.ver, Earl STANHOPE thought that as such a mate rial differifaice of opinion prevailed athongst. • the ,Indges . , it was - absblutely ,necessary to have some general law upon the sub I, inasmuch as, different • 'ought not to prevai in different counties, pc ctr(iing to, t 4 individual opinions .of the Jiidges on • the Circuits, nor ought there to be one law , for one a different law for another. He there f proposed a Bill for the purpose.a.enaaing, that' th.;: given by Witnesses should not be/aftei - - war, is made use of against themselves, except in cases of wilful and corrupt perjury. Ti.e Bill having been presented, and read a first time, • Lord ELDON said,, he .concurred With the. NO: , ble Earl in his opinion.as Co the necessity of making some Mgislative' provision upon this subject ; but the Mode of doing it .must be - -tnatter . for mature delibe ration, and required to be deeply considered by their Lordships.. •fie did not think that the Bill proposed by the Noble Earl would, in its present form, an= seer the wished-for purpose ; as, in some cases, if WitneSses were compelled to-disclose 'certain fads, it would be. of no consequence whether their evi , &nee Was' us'eci against themselves, the very dis osure, it, many instances, being sufficient to point out the means by which such fads might be proved in auather manneT: He was, however, perfeetly aware of the, necessity of enacting some legislative provision on the subje&, as now the question had been mooted, and the opinions ' of the Judges v.•ere :shown, lie had no c!oubt that a demurrer v. , ould frequently be made oy Witnesses. As to - the question referred to the • Judges, he could only say, that for thirty ye , . , .rs, during which he had been engaged in the profession of the-law, he had never hecrd a dolbt started upon the sub, eCt, nor had ever considered the law to be otherwise than that a Witness under the cirOuinstances mentioned was compellable to answer. He went the Northern Cir alit for several years, which was 'attended by Law yers 'of equal eminence with those: oh the Western circuit, and he had always understood that suck was the Law on that Circuit; nor had he ever under stiiod that a different law prevailed in Westminster With respect to the decision of Lord Kenyon, mentioned .by the Learned Chief Justice, it was his opinion that Lord Kenyon was wrong. The LORD .CHANCELLOR coincided in opi tioll ‘v;th his Noble and Learned Friend as to the 3*cessity of orne . legislative provision ; bur was enmity convinced that the Bill presented .by the Nob Earl inadequate to the purpose, He also concurredwith his'Noble and Learned Fri ;)4 in his . o'Nnio.a as 10 the law with respm to the questions t. • z~ ~~~ y ._.,_.._..._ _~ ~..r ~~~.- To-morrow the XING, QUEEN, and PRINCESSES ,are expe&ed:at.BuCkingharn-house, froM Windsor., • Yesterday morning His MAJESTY, the. PRIN CESSES AUGUSTA., SOPHIA, 4incl MARY, accompanied by Gen. FITZROY, Colonels 'TAYLOR, &c. went to St. George's Chapel, and heard an ex cellent Sermon preached by. the Rev. Dr. ALLt.Tm, from the 15th chapter of I . st Corinthians, and verse. After Divine . Service, the ROYAL FAMILY took 'an airing to•Progmor: - • ' Saturday morning the DOKk of YORK arrived at Windsor from town, and a'short.time after His MA-'• JESTY, the:DUKE of YORK, PRINCESSES AUGUSTA, SOPHIA, and AmEr.ia, accompanied by Generals FITZROY, MANNERS, COlOriel TAYLOR, &C. took an airing on horseback-in Windsor Great;Park. " On Thursday ''afternoon hiS Royal Highness 'the DUKE of CUMBERLAND arrived at the Fountain • • Inn; Portsmouth; attended by _Gen. WARD, Col. Yesterday two 'Gotteliburgh Mails arrived, but Sir -- and Ma;or's LINEGAH and BATHURST. ! . their contents - have been anticipated by the French His Royal'Highness, the next morning, visited the arid German Papers which we had previously re Dock-yard, 'accompanied 'by Commissioner. Sir C. - SAXTON, and went on board some of the Trans ceiVed. We-learn, however, from private Letters, ports lately retained ‘from the North of, Germany that .the French Government - are determined to with'the Hanoverian - Legion ; after which he par persevere in -their plan for preventing all inter- took of a c . oldcollAtion at : the Commissioner's house; Gen. Sir GEortoK.PREVOST, Lieutenant-Governor, course whatever between Holland and this -Conn the Field Officers in the Garrison, and 'the Staff' try: New regulations and orders upon this sub-: • dined with his Tioyart-ligliness atlfie-Fountatn. Sa= ' je& arrive from Paris almost every week, which turday morning the flaneverian coyalry, : the. Royal the Dutch - ' - Governinent ' are `com elled , how- . Artillery eomthanded by Col. TERROTT' s the North p Hants, Artillery, • the'‘North,, and- East Devon Militias, . ever reluelantly, to • enforce. It is not, -hoWever, were reviewed by . his Royal flightless on South-sea, only the trade 'of Holland which suffers from the Common. Generals Sir GEORGE PREVOST, and .PORTER, Colonels 'll4•Aili; WAITER, MANNOOCH, vexatious and - arbitrary proceedincts of the French: • • -• and-a-number of .other, Officers were present:. His The Army t assembled in Franconia under AUGE-, a ig mess afterwards ine mira ON- Roy IH . Id' d *tl Ad 1M BEAU has not only 'beet made use of as an instru- TALI. The - Captains of the Navy in Portsthouth ment to extort money front defenceless S were most of them present. tates, ,but .• its' presence has almost entirely put a. stop to Yesterday; at two o'clock, a Connell was held at Mr. Fox's Office", at which the LORD CHANCELLOR,- trade. . 'A doubt even seems to • be entertained c • ... rp .art,,..J.,ENcER, Lord ELLENEOROUGH, •Lord GREN 'whether the great annual Fair will be heid this VILLE, Lord .HENRY PETTY, 1111 Fox, Mr. WlND spring at F.rankfbrt: But even if it should be held, ‘. HAM, and• Mr. GREY; were present. The -Council broke up about half-past four. it is • not to be _supposed that AlerChsnts • yesterdaya Mail tom the Leeward Islands and. Jingly trust•their proecrty within the grasp of French Halifax, arrived at the Post-Office. Dispatches Soldiers, who, under the convenient pretext of its were aceivet.Lat the same time from Rear-Adthiral COCHRANE., at Barbadoes, and from Admiral Sir . A. ,being British merchandize, and appro 1111Te HELL, at Halifax. priate to th . own use, every,article brought to the Some Letters have reached Town - from Hot Fair. laud, by a Vessel arrived off Bridlington ; from It is said that the preparations on' the'French Coast. the Weser, Which mention that the BataVian Go-' vernment had, in cOnsequenee ,of peremptory or: ! for the Invasion of this C o untrY, 'have been renewed, tiers fra-n Paris, forbidden all intercourse between .1 With great aaivity. may be true as far as re-- the Dutch Provinces atid England ; and - announcing hates to Naval preparationsy but we know that very . . ' that the .most rigorous ,measures,.will, be -adopted few if any Of the Troops that were marched from f acrainst such Vessels•as.sail from Dutch Ports under crearanCes f'or EMbden; or other neutral Ports, 'and Boulogne into Germany have returned t o 'th e C oas t ; desert their course to British Harbours. and it is not -very probable that, in the present state ' 'Accounts had reachettlie Hague of the arrival of of the Continent, BONAPARTE • will venture to as- Cardinal RUFF° at Paris, accompanied by General sernble so large.a-proportion' of his .Military Force ST. CYR the latter was, however,. ordered immedi-: on the Coast. , ately to rejoin his Army. I he' Cardinal had been . ' , admitted to an interview by ,TALLiYRAND ; but, it is . , • believed, has • wholly failed in the objet of his mission. . . The Prussian Regiment of ,Larisch, 4000 strong, has occupied the',citadel.of Hanover; and a-Prussian' Officer' had been dispatched to the .Swedish corn_ mander at Lauenburg,requiring his immediate evacu ation of the Hanoverian territory. Theßussian Army oh the Vistula is , forming with most .extraordinary zeal, :and it is statedovill coin prize 200,000 men before the middle of March.— Generals Mi6nELsetl, ICUTUZONV, BUXHOVEDEN, and TOLSTOY, haVe commands. in it., Government has received advice of •-soine moves ments on the Enemy's- Coast , indicative:of an early. attack on Guernsey or Jersey, and all the light Fri gates and Sloops at Portsmouth have been ordered to sail immediately for their defenee, under the orders of Capt. Giirrtrxs, of the ..Constance of 24 guns. Orders have likewiSe been sent to. Portsmouth to equip the Thisbe, of. 28 guaS„ Capt. SHEPPARD;With ' iii possible dispatch, 'to - receive the Flag of thef,, Prince DE BOUILLON. . . The Admiralty Board has ordered the squadrons along the French Coast, from" St. Malo to Ostend, to be considerably strengthened, and . a number of fast-sailing Cutters and Lugge,rs are to be employed to scour the Channel' of the Enemy's Privateers which have so long and so•successfully infested; it. Every port on the Coast, is to be so effed9ally. block aded, that, should the Enemy take any of our yes.; sels, it' will be almost impossible to get them into port. Capt. Wooimarr, and. the Officers of the Cal- cutta, with' Col. and Mrs. CALLENDER, who were Passengers on board that Vessel at the time of her Capture, were well' at' Tani', the Lcilie, the . Middle of last month, on •.-theiLroute. to Viirdun: The Crew of the Calcutta. had likewise, arrived. in France from the Canaries, and were in perfe& health. The French and. Spanish Cruizers 'on the Coast • of Cuba Capture Vessels of all Nations indiscrimi- • 'lately. Such Vesssels as are sent into the Spanish Ports by Frenth Cruizers are certain of condemna tiOn, as the' Spanish GovetnMent invariably refuses to interfere in; any case in which the French are 'concerned. ' A ntitura&ory for'beet-root sugar has been esta blishe&at MOSCOW, and the produce, which is very considerable; .not only finds a-ready market, but ; yields in no quality whatever to that in general use. The following is the oniy article of intelligence brought by the i G !tionburgli. Mail which arrived : ". GOTTF:NBIJR 11 ; 1 , FEB, ia.—Arrived the Lady Frances Packet, Capt. FLYN, .and the Diana, Capt. STEWART.: the latter, in crossing the North Sea, discovered a Vessel making signals, of dist resi,' which proved to be, the Danish Brig Martha Magdalina; belonging .to Tronh r eim -; she -had upset by the shifting of her ballast in a gale of wind. Captain STEWART; at great risk, humanely took her Crew, consisting of ten persons, on board his Packet, and brought them hither. The Brig sunk in aboUt half an hour after he had them on boaicl. , " The Herring Fishery continues• to. go s on suc cessfully here; more than 250,000 barrels have been taken. THE comropnication which was last week received by the.. Transport ,Board from France, by way of Morlaix, has given rise to a report that the French Government had taken that opportunity of sounding the disposition of the 'new Ministry on the subjetzt of Peace. We are, however,- strongly inclined to believe that this communication relates merely to Prisoners of War, 'and that it is an answer to the proposition made by the' British, to the French Go-' vernment, some time ago, through Cut. MAJENDIE, who was Captain of Admiral VILLENEUVE'S- Ship, and was taken at Trafalgar. .It will be recolleeted,. that, when this subject was last summer under dis enssiOn, it was said by one of the French MinisterS that BONAPARTE had not time to bestow any consi deration upon it ; but we hope :that he has at found time to attend a, little to the duties. of_ hu manity. - , "W. 4 understand that Mr. SPENCER STANFiorE'S Mo tion, relative , .:o Lord ELLEI4OR ducu, certainly comes on this day. On this subjek we cannot help IMPERIAL PARLIAMENT. HOUSE OF PEERS. SATURDAY, MARCH 1, After some routine businegs had been disposed of, the Order of the Day was read for the ft rther. hear ing Qf the , opinions of the 'Judges. • Mr. Baron THOMPSON said he 'could find . nothing in any of the legal Writers which was satisfa&ory on the subje& involved in the questions referred* to the Judge§ but, from the best consideration which he. was enabled .to give the subjeEt, he of opinion that a Witness, .under the cjrcurnstancet mentioned, was not compellable to give. evidence of faEts .which 'might be . afterwards used e,against himself. .IVirAtlgtiCe HEATH was of oOpilDn,thatWitneses, under such circumstances, were compellable, to answer. Lord Chief Baron MACDON AL:D, deprecated the . , consequenceS which wouldensue from the esta- - blishment of such a principle, as that'a•Witriess' was not conipellable to. answer wheie that answer. njiglrt tend to acknol.vledge. a debt recoverable by civil suit, asin that case a Witnesss interested to the . amount of five shillings, by refusing to give evi dence, might defeat thejust claith of a party to ten thouiand pounds. In the Court'hi which it was his lot to preside; it would also be prodtiaive of 'the worst consequences, as in revenue causes Witnesses would on such a ground very fre,queritly . deniur . , and prevent the truth from • being ascertained. Judging.. from precedents, and.froca the .Law .and Reason of the case, he concurred in opinion with Mr. Justice Heath.. . . . . Lord Chief Justice -MANSFIELD entered at con siderable length into a contrary line of argument: he had ever considered_ it as 'an established pOint of' Law, that a Witness was not compellable to answer any question the answer to which might ,subjea : him to a civil anion : he travelled the Western Circuit for many years, at a time when the Judges who usually went that Circuit were Lawyers of the greatest eminence, as were also the leading Counsel who went that Circuit, and he was as fully con- • vinced, as that he was then addressing their Lord ships, that all those eminent Lawyers were of the same opinion. " The same opinion he always under-, stood to be entertained in Westminster Hall, and it Was 'so' decided by Lord Kenyon in . a case where an anion was brought by • a person against another who had been his Clerk, for money alledged to have been received for the use of the Plaintiff. The(de fence was, that the money had been paid Over to another Clerk of the Plaintiff's, of the name of Wright, who was authorised to receive it. Wright was called to,prove this, who stated that no money was due from the Defendant to the Plaintiff. The Counsel for the Plaintiff Dir. Erskine) then asked referred to the Judge,. He had had greater expe . rience in Courls.of - Cprnmon, J.,aw, probably; than any other man, and he lvci never beard ()fatly doubt : as to . the law upon the subje6t, ijor had the least recollec tion 9f the case mention by the Learned -Chief Justi& a§ decided , by Lordtenyom He•was, hovy ever, perfectly convinced upon the circumstances stated with respetit to that case, that the decision of Lord Kenyon was- errenrous; altho' he always looked - up to* that Noble and Learned Lord ;with the greatest reverence and. respeEt. — Lord ELL" E 01?OUGH agreed,. in opinion as td . the law of the case with the two .Nobleand Learned LOrds who had preceded him. He was also of opi-. nion that the. Bill- proposed. by the Noble Earl was not . hdequate in its present 'shape to the intended purpose,. but, thought .. it Would be better to enaEt some declaratory la,w, upon the subjeet. Earl STA4VHOPE exPreskd himself inimical to the principle . of 'declaratory laws, and gave' notice that lie should move the, second reading-of this Bill on Tuesday. • • The Bill,was ordered to be printed. Adjourned till Monday (this day). . • •MAILS. - ARRIVED--zGottenburgh, z Lee . 6iardland, z Dublin, Watqrfoyd. Dut;•-•-z iimnburgh,zGotteuburgh; a Lis ' bon, t Watcrford, PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK. Consols - - - - - - . ..... 6o if THE SUN. SOI r EM QUIS DICERE FA.LSUM AUDERT? Lb N ON, MONDAY, MARCH 3, 1806. , . • pressing our surprise that its real merits should be .so '. A considerable number of Letters were brought" .. ,n• little understood.. That the Cabinet is but a C.'sin= by L'Espoir frOm the Cppe of 4 , ,,,d Hope. One from an Officer in the Exp e dit ion says—.« Th e on l y rnittee of the Privy Council; =to whose 'Alen" sera , Men of War ..on the station were a 64 near Si praaice has in general attaChedthe duties of tilzhigh 'Pond's Bay, which they burned ; a i tid the Ata _„ 'ante, -a fine: Frigate, stranded dose t o .Cape Town, Offices of the State, must 'Certainty be ..adi - litted : ' . but which -we have some hopes of getting off.' that the Lord Chief Justice`of England has been a , She is only 'three years Old, and has on board Privy-Councillor co-existent with the institution it- , the guns- of- the Jason, -which was .lost op the . .toni . .shi - contingeq ng, ce. It is . as self,: is elually true.:. Is it not, therefore, in fact and Coast of France. . the Writer, that the Enemy quitted- their lines to in law, correEt, that the KING should name to sudi , .• ~ - - . • i - 17rtglt — art action,' 'arthey were so well fortified, Char a Committee any •of that Body- Whence it-is chosen, the captor. . - inil;st 4 -liave'been very tedious ; and, ' . and which he has already eleeted,a§ his most confi- t!iki: that-. an Army of iio,ooo .en - NittitilinlciE'''' pow re-take the place. The Enemy h av i ng marc h e d dentin! Cduncil ? It is, therefore', an indisputable . ' 1 2d mto the monntainii; the Scotch 'Brigade, -t`he 7.lst, matter of Right and.:Prevogative.; and:to.4Ssert the. 7 ,, and :gad 'lt4nients, whiCh routed' them o ,fl,-.. . - contrary ; will certainly be found . untenable ground ~ the - day of j fhe ktion, arc gone in p ursu it o f theni, l •on which which to maintain an argunient. , • - 1i :Iwith some field-pieces" i• * 1 The" Subscription at Gibraltar f or ereeting a Mo nument to the coemory of Lord NBLSON, amounts . p upwards. of (001 . ' . . . The-dispute between the India Company and the.. Rajah of Tanjore.. has been amicably adjusted.----` His, Higbness'S .Minister, Nslio had great influence, was detqae;:l by the British Resident, in a correspon dence with llolliar, through some French Agents, :in consequence of which he ha s b een degraded. and dismissed. ' . ~ ~, It was -firaillragreed. that Holkar and Scindia,-af ter maintaining 80,00.0 Cavalry out of the revenues • of certain nfahals in their Judhiers, were to transmit the residne, i the l'eishwa—but the proCtiCe de . clined; proportion as the power of those two Chiefs increased, and the payment has been long neglected. The Peishwa, however, supported by . the' India Company, has now demanded its regular .discharge. . , The Bengal Judicature has at length succeeded in preventing the usual 'sacrifices of children on the Island of Sagor, by declaring, as they had previously ,done in other DistriEts, that persons' assisting in such sacrifices 'should be considered as guilty of Murder, . and punished accordiney. A fleet of vessels loaded with fugitives from Judda and tfieir:tteostre, was lately* lost on their passage to , Mocha, owing tb their - ignorance of the Gulf, when several hUndred lives were lost. . The Sultana Valide (mother to the. Grand Signior), who lately died At Constantinopl e a t . the age 'of 73, .was indebted for her elevation to some, very fortu nate and. extraordinary .circumstances. By the bar barous customs o the Kings of the East, whieb :are still perpetuated. by their descendants, they can 'only give successors' to the Empire by; an union. with slaves : ;,_,,And„,to prevent arobitiOus.contentions, all the female Children,_ of . Such.. connexions are in capacitated .fr9m.4.l?egrning mothers. - The Sultana Valide was a s Geprgian slave, the • property of Val. - Effendi, a former Grand .Mufti, who made her a :present • to ,Snltan .Mustapha. As she was hand some,' and a good clanal-, she captivated her Master, 'obtained the handkerchief, and had the good fortune 'toy give birth An the present Emperor. But the most amioble trait in her chime - ter is, that she re . f1,,-!tled. the high favour she obtained upon the - • son -of ,h_er formgt Master,. Velazide, who lives . at Constantinople, where-he is a t th e head of quo-- Law, has vast influence, and has amassed a princely fortune. h..• • - BowLEs, , theCherokee Chief, died on Christmas. ,Day, in prison,-at the Havannah. An apprehension of being poisoned prevented his using the food offer ed him by the Spaniards, and for forty days he subs sisted: on oranges alone, and was in consequence re f dued to a mere skeleton. Sr. DAVID'S DAY.—The Society of Antient Bri, tons, with the Officers and Children of the Institu tion; attended Divine Service on Saturday, in St. Andrew's Church. ' "Te Deum, and Jubilate."--, The Duet--;." Here shall soft Charity repair"--and HANDEL'S" He was eyes unto the biind"--,were sung by Messrs. ELLIOTT and MEBURNE, and. the Choristers of Pericy and Grosvenor Chapels.. The Sermon, which was excellent, was by the Rev. BRISTOW. Mr. H. PIERCY conducted the Organ. They afterwards went in procession round St. James'a r square,' and - returned 'to Freemasons' Tavern to din= ner; which was most excellently served up. Tile Company did not separate till a late hour, convivi ality prevailing in a high degree. Lord KENsirro-T TON presided. -Lords KENYON and BULKELEY, Sir \VATKIN WILLIAMS WI"NNE,,Mr. WILLIAMS, and near four hundred Of the friends of the Charity, were present. The' Colletion amounted to upwards of, eight hundred pounds. Messrs. INCLEDON, DIG NUM, C. TAYLOR, and HILL, gratified the Coin pany with someof their best songs. • THE OPERA.-"A very brilliant and crowded au dience attended the representation of ,La Clenzenzet di Scipione, on Saturday last, at the King's Thea tre. Mrs. BILLINGTON'S powers were exerted.to, the utmost, and she received very great applause. Her delightful air, by GUGLIELMI, in the. second Adt, was rapturously encored; 'rile- new Ballet of M.• merlan and _1,31/.6*, „splendid as it.is,.-is-principally - indented 6)l2tEssit'ygs. for its attraetion. THE THEATRES. —The Tragedy of Merope was re vived at Drury lane Theatre, on Saturday, for the' purpose of introducing Master BETTY in the ch Iraftet , of Dorilas, which is very Well.adapted to his age and ; powers, and which he supported . with success. Mrs. POWELL - gave a _Strong interest to the part Merope ; and Miss BOYCE displayed evident marks - of improvement in ismene. The Play itself, however, is very chill and heaVy. At Covent Garden Theatre the Tragedy of, The anneiter drew a crowded Audience on Saturday. last. , LE ,seeli;:ed to be recovered... He "gave a very affeCting portrait of the ruined, Beverley, and was most ably supported by Mrs. SIDDONS in his faithful and unhappy wife. COQKE displayed the 'su4tle villainy of Stakely with great effed; and CHARLES KEMBLE as_ably represented the generous and 'persevering friehdship of Lewson. Mr. STEPHEN KEMBLE is at-Edinburgh, where he is to appear, in Falstaff; Shylock, Job Thurnburry, Sir Anthony Atsoluic, and othercharaders in which., his mei-iris well-known. GIORDANI J Musician of Well r knOWn tterit,, lately died in Ireland, where he had resided many years. , " • . The Son of Mr_LEWIS the ALlor, who lately appeared at Co; ,-,nt-Garden.Theatre, is -now per funning, with success at York.