The British Press; or, Morning Literary Advertiser.
London, England, 1804-12-17 00:00:00

had

aceording to the new system of diplomatic etiqflette
established by BONAPARTE.

IC.
he
:is

Weyesterday received two of the three Hamburgh
Mails dun, with letters and papers up to the Sth inst.
To console the unfortunate Dutch fur the ruin of
their trade, and the loss of their liberties, BONA.
r•it et hat graciously condescended to order his
Council of State to take their case into consideration.
This is aJding insult to injustice, for he knows, and
the Dutch know, that he alone can afford relief by
withdrawing his army, and that while Holland is
covered with his troops, their grievances are irreme-
diable. Rebels, instigated by France, are still laying
waste Syria and Egypt, while BRUNE agitates and
perplexes the GRAND SIGNIOR, in his capital, where
that emissary of Bon A PARTE still continues to re.
side. The ENot. 'sit Mos isres at Vienna has, at
length, acknowledged the Hereditary Imperial Dig.
nity, in the House of AUSTRIA. The fever has
ceased at Malaga, and is upon the decline at Leg-
horn, but it is said to have broken out at Messina,
in Sicily. More Russian troops have arrived in the
Mediterranean, and others are expeaed from the
Black Sea. The unfortunate Royal Wanderers, the
Kings of FRANCE and SARDINIA, are said to have
fixed their temporary residence, the former at Riga,
and the latter at Cagliari, in Sicily. Their Swco-
isll MAJESTCES have been forced to return to Stral-
sund, after having narrowly escaped shipwreck upon
the coast of Sweden.

We have received Philadelphia Papers to the 15th,
New-York to the 18th, and Boston to the 23d last.
The intelligence which they contain chiefly relates
to St. Domingo, where DessaLstss, or, as he now
styles himself, .ra oyes, is as absolute as his brother
Emperor, BONAPARTE, is in France. The following
eztra, from a decree issued by him, on the 22d Oc-
tober, shews also, that his Government is equally
mild and friendly towards foreign nations :
Art. 1. Every Captain of a vess,d, armed or not, on beard of
which one or more persons, ;when, shall be found to be carried
to a foreign country, such Captain shall be arrested and thrown
into prison, there to lay ten mouths, and after that time to be
sent to his own country, with espr;ss orders not to return to
she empire of Hayti at his peril. The towel wed cargo shall be
esuflscated /*or tlit benefit of the Eiopire.
Art. 2. Every native taken on board such foreign vessel shall
immediately be shot in the public square.
A letter from Boston says, "The flaytians lately
captured a Spanish vessel laden with silks and
muslins, bound to Vera Cruz. The crew were im-
mediately brought on shore and murdered. A day
or two after the captute, the EMPEROR and his prin-
cipal Officers appeared in new suits of silk."
A French frigate, with 2iO troops, arrived at
Martinique in the beginning of last month. Two
note frigates, with stores, and the same number of
mops, had sailed with her from France, but she
sailed company with them in a gale of wind, and
succeeded in making the port of Trinity, which,
hortly after her arrival, was blockaded by three of
ur frigates.

The Gazette, which is in the last page, contains
a account of the late attack upon Fort Rouge, in
le harbour of Cal4is.

Saturday, at two O'CIOCIC, the DANISH and Stv n-
il A mIIAS.ADORS transaet,:•.l fussiness at Lord Ha 11.-
3waY's thrice, till half-past three.
Letters Patent have passed the Great Seal of Ire-
nd for onistituting and appointing Brigadier-Gene-
-1 Tiromas BROWNRIOO, Examinator and Comp-
)ller of Army Accounts, in the room of the Hon.
4onel GIORGt NAPIER, deceased.
To-morrow, the LORD MA rot( hold a Court
Aldermen at Guildhall, at 12 o'clock, to eled
&dor of the Orphans' Duty upon coal,; and on
ler special affairs.
ri Are, Boy Les, from Bristol for Barbadocs,
!aptirred and carried into Guadeloupe.
the Tartir, CHARNLEY, from Lancaster; P,ne-
'9 Boarr.sos. ; end the Ctrev, BOUSFIZLID, from
idol), all last from Cork, are arrived at Barba.
3, after heating off the Bonaparte French prin.
r, of eo guns.
Che Diana, VAUGHAN, from Barbadoes, is arriv-
al!' Portsmouth. She sailed the 10th of Norm-
. in company with the Barron, for Liverpool, and
ted two days after sailing.
'he Ilearzetta, Ross, and the RoweVe, Asnvole,
n Honduras, for London, we? e spoken with in
Galph.
he Rorer, --., from Jamaica, for Halifax,
taken on the llth of Dauber, off Cape Antonio, wo privateers.
'lns LOUGHTON, from IVilmington, for
mock, was totally lost on :he 14th of U.2obcr,
Cape Fe..r.
he iStatita, PR Ice. from Demerara, for London,
I shore near Portsmouth.
he Balite Abrchent, Solt TR, from St. Vincent's,
ondon, is on shore near Sheerness,
se number of ship of the line, returned from
'rest, with Admiral CORNWALLIS, to Torbay,
wive ; which. with the Teraeraire and Alas,
ously arrived in that Bay, makes the whole
str tL. No boat belonging to these ships was
sad to go on shore even for beef and water.
le British merchant ship &aro, arrived on Sa-
yt
at and ate Creek, from Cadiz, which place
fon the £6th of November, with half a car-
consequence of an intimation from hir.lluer,
onsul, that, under the then circumstances, he
it consider it safe for Britis:i vessels to remain
t port. as an order for an embargo was expect.
ey moment.

~ .:.

- •
srigurnEs.
'4- 114•••••••••••

11110'S TVELTRY.
The Opera on Saturday nigl-t was uncommonly
splendid, and honoured by the presence of His
Royal Highness the Prince of WA L r:s, and a greater
number of fashionables than arc usually in town at
this season. The interesting Opera of La VerTihe
di! Sole was performed with the success it merits.
The music by ANnarozzt is eery fine. The duet
in the second act between Gre•ssi NI and Viol, PION t
ssas encored with repeated acclamations. The
beautiful ballet of Achille et Deli/illogic has great
variety, a d exhibited to the greatest advantage
the athletic stren3th of I)'EGvLLLZ, and the grace-
ful elegani e of DESHA Y
The Lacs were not mu h dressed ; the hair
wrapped in bands, ornamr .ted with bandeaus of
gold net, was must prevk.eint. White muffs and
tippets were universal.
Among the fashionables we observed Lord and
Lady Havws Rum Lord and Lady JOHN CAMP-
BLLL, Mrs. EAST GORDON, Mrs. BAY LY, SCC. &C.

DRWRY••LANE.
The roust Reaciut made his appearance here on
Saturday night in Achtnet, in the tragedy of Bar-
haw:a. Although evidently suffering from a cold,
he played with extraordinary force and animation ;
indeed, there were a boldness in his declamation,
and a srftness in his tender scenes, even beyond any
former exertion in the same character. Of the
latter, the parting scene with Zaphira may be
adduced as a specimen of excellence. He was
ably supported in it by Mts. POWELL, whose fine
impassioned tones and manner most eloquently
expressed the agonies of the aflliCled mother. The
speeches at the end of the second and third aft were,
as usual, those which received the greatest applause.
The passage also, in the sth aft, where he is un-
bound, and receives the sword, was wonderfully fine.
His heart and spirit were the heart and spirit of a
hero ; and so completely did he give them utter-
ance, the delusion was complete, and the audience
never once recolleCted that they were witnessing
the petformanee of a boy. The piece was got up
with magnificence in scenery and decorations. The
dresses arc uncommonly splendid. There were also
some circumstances peculiar to the performance,
which gave it an advantage over any of the previous
representations of the same piece. It was chosen
for the debut of this astonishing boy at Covent-
garden ; but, at that time, the impatience of the
public to behold him was ungovernable. They
went to the Theatre to see the re/iv &irius, and
would not listen or rAtend to any thing else. As
Athmet does not appear until the end of the
the previous scenes went for nothing in their esti-
mation. The lamentations of Zaphira were heard
with indifference, and the declamatory rage of Bar-
berossa was accompanied n ith tumult and disorder.
The audience, on Saturday Light, though their en-
thusiasm had nut in the least abated, appeared to
have come to the Theatre with more regulated feel-
ings. Mr. RAvwonnin Barharossa, and Mr. Be.A
itY/110112 in °Mama, were heard, not only with at-
tention, but with interest. They performed their
respeEtive parts in a manner deserving of the highest
praise. The combat between them in the last
scene is managed with gteat address, and in a
different way from that of the other Theatre.
It is ushered in with more grandeur and so-
lemnity, and has a much stronger effect. Before
the curtain drew up, the audience were informed
of the '..:ispositlorr of Miss Dover, who had
been announced to fill the char.s(ter of Irene, and
that Mrs. H. SinDoas, of Covent Garden Thea-
atre, had most kindly offered to perform the
part. This information was received with bursts of
applause. Mrs. H. St DDONS was greeted on her
eatree with loud and prolonged plaudits, and never
did we see her appear to more advantage. She was
unaffected, tender, and impressive. Her dress,
which was white and silver, was rich, elegant, and
simple. Indeed, she looked and played delightfully.
Although the house overflowed with a brilliant
company, we did not observe the slightest disorder
or confusion. The lobbies did nut display more than
the ordinary quota of loungers of a well attended
night. The seats were all previously engaged ; and
adventurers, we presume, are by this time convinced
that to go to the theatre upon chance is a forlorn
hope.

COVENT•O A nn EN.
On Saturday Mr. T. Dtantres Opera of Thirty
Thousand was again performed. Previous to the
rising of the curtain, Mr. Islunave requested the
indulgence of the audience for Mr. Tay ton, who
had undertaken to read the part of Gent,: Mr.
Estrat's severe indispo.ition rendering it impossible
for him to have the honour of appearing before
them. The house was extremely full, and all the
songs were mitred as usual.

At the ceremony of presenting the Eagles or
Colours to the army upon the sth, in the Champ de
Mars, BUM A PARTE made the foilowing speech:

Soldiers—.Setiold vein standards—.these Eagles must ad
ways be your rani ing I»iut ; they shill Always bo found where
~our Emperor mar deem them necessary for the defence of his
Throne, and for the finite:lion of his People.
" You swear to sacrifice your lives in their defence, and
that you will cons!..iitly call upon your courage to keep them
on the road to stCl,,ff ."

On his pronouncing these words, the Colonels,
who held the Eagles, raised them into the air, say-
ing at the same time-4, Wa swear it." This oath
was repeated by all the military and departmental
deputations, amidst the discharge of surrounding
batteries.

We have rarely known so warm a contest as the
present for the India Direetion. Each of the four
CandiJates is pledged to stand the ballot ; and the
friends of each look with much confidence to the fa-
vourable issue of it.

Rear Admiral Rosextv was on Friday expected
at Sheerness, to resume his command at the Norc,
when Rear Admiral Davos:Ls was to return to his
station at Woolwich.
The Sroirtwousr, from Oporto (arrived
:at Portsmonth), was brought to on the 28th No-
vember, by a Preach privateer. of 16 guns, which
attempted to board th,:m three times : the third time
the Jemey struck her on their starboard quarter,
and did her coasiderabk damage, which oblig:d
them to lay to to repair, when the Jamey escaped
ith sante tridiag damage.

LAW.

COURT OF KlNG's BENCH. GUILDIt L MC. I!.
Si!tings at Nisi Priut, fore Lord Et.t.eNcocouc N,
and Sptc,al
MARTIN and orlinis o. Goonwit4 andoriteßs.

- - - -
This was an issue from the Corot of Chancery,
and was made peculiarly singular, by an ordet of
the LORD CHANCELLOR, that the Plaintiffs should be
examined as witnesses in the cause.

The issue to be [tied was, whether a certain instru-
ment in the hands of the Plaintiffs, which was origi-
nally deposited as a collateral security for an ad-
vance of 30001. remaining in their custody, h••came
a farther security for antecedent or Mule ad-
vances

The Plaintiffs in this case were Messrs. Martin,
Stone, and Co. Bankers, and the Defendants were
the Assignees of Van Dyke and Co.

It appeared upon the evidence of the Plaintiffs,
that some time previous to the Bankruptcy of Van
Dyke and Co. the latter, who were in the habit of
money-dealings with the former, applied to them
fur a loan of 5,0001. The security offered, being
at first considered as inadequate, some hesitation
was made ; but, in the sequel, the Plaintiff; aimed
to advance the sum required, upon Messrs. Van
Dyke's notes, payable in six weeks ; acid, as a col-
lateral security, they also deposited with the Plaint-
iffs, a contra& for as estate in the colony of Berbice,
which, at that time, was considered as of no value.
The 5,0001. were paid .off, but• the security still re-
mained in the possession of one of the Plaintiffs.--
These had been very extensive money transaCtions
between these parties, antecedent and subsequent to
this particular one of 50001. ; and, at the time
of the bankruptcy of Van Dyke and Co. a large fl.lat-
ing balance remained due to the Plaintiffs ; but,
previous to that event, some conversations had taken
place between those parties, by which the Plaintiffs
conceived they had a right to h,,bl the Berbice Con-
tract, as a security for such floating balance.
Mr. GAR ROW, on the part of the Defendants,
contended, that as Assignee; of the Insolvent Es-
tate, it was their duty to see, that a demand of any
specific ° creditor was not to be paid or discharged, to
the injury of the creditors at large. The question
was, whether the Berbice Security, so deposited with
the Plaintiff, was, or was not, a dry security ? or
should have been given up, when the 5,0001. was
paid off, being so deposited as a security fur a speci.
fic sum. Further, at the time the Plaintiffs took
this security, it was considered as of no value ; and,
when they were called upon, on the bar.kruptcy of
Van Dyke and Co. to give in an account of secu-
rities in their bands, they omitted to return the Rer-
bice Contra& He, therefore, contended, that this
was a dry security, confined to the specific loan of
5,0001. and no other sum whatever.
The Jury, after a short consultation, found a ver-
did for the Plaintiffs ; that the instrument was
originally deposited as a collateral security for the
5,0001. and afterwards became a security fur ante-
, cedent and future advances.

WADDINGTON r. TR ‘NCIS.

This anion was brought by Mr. Samuel Ferranti
Waddington, to recover damages for breach of con-
tran.

The declaration stated, that the Defendant was
possessed of 23 acres of land, en which hops were
grown—dia. d,e Plaintiff, on the 13th of Novem-
ber, 1799, bargained and agreed with the Defend-
ant to buy all his hops which should be picked and
dried in the year 1800, at 101. per cwt —that, in
consideration of such agreement, the Defendant un-
dertook to deliver the same at Whitstable : that the
hops were picked and dried on the 20th of Otlober,
1800, to the iunottat of 100 cwt. but the Defendant
had refused to deliver them. It appeared, that in
1799, Mr. Waddington entered into a written con-
tra& with a number of hop-planters, in the Canter-
bury for the purchase of their growth of
hops in 1400. The Defendant was one who signed
the agieement. The market afterwards rose consi-
derably, which made the bargain highly Advantage-
ous to Mr. Waddington. The planters consequently
were desirous of availing themselves of some pretext
for not carrying it into fleet. This was furnished by
the subsequent condua of Mr. W. who went to
Maidstone, Worcester, and other places, and, avow
edly, by forestalling, continued to raise the market ;
for these ctiminal speculations, he was afterwards
indifted in the Court of King's Bench, and convi, .
ed. and the contra&s he unlawfully made, were de-
clared void. In the present case, it was contended,
that the contra& the Defendant entered into was prior
to those whi:h had been deemed illegal, and by no
means of a similar description ; that it was fair on
the part of the Plaintiff, and one of those transac-
tions, which any man had a right to enter into.
On the part of the Defendant, Mr. DALLAS, in a
speech of great len7th, contended, that this agree-
ment was hut the beginning of that system of mo-
nopoly which the Plaintiff afterwards carried to so
great an extent.

Several witnesses were examined on.the part of the
Defendant, who represented Plaintiff's conduit and
proceedings at Worcester and Maidstone, his enter-
taining the hop planters, and engaging to purchase
all they should grow, at a certain price ; in the course
of one entertainment which he gave them, it ap-
peared he gave a toast in favour of the rise on the
price of hops, and it appeared upon the whole of the
evidence, that he had endeavoured to persuade the
hop planters to withhold from bringing their hops
to market, for the purpose of producing an artificial
scarcity ; however, they could not commit any thing
that passed upon those occasions with the original
and first bargain between the Plaintiff and the
Planters of the Canti.thury
Lord Ette it so not air thought that therewasnothing
improper in thetransaition upon which the allion was
brought. It was a speculation on which a man
might embark his fortune. if he wire so inclined.
The Jury, after some consultation, found a vet shit
for the Plaintiff, with 7601. I Ss. damages—and, at
the desire of the Defendant's Counsel. his Lordship
consented that the opinion of the Court should be
taken as to the legality of the contra&
There are a great number of names signed to the
areement, all of whom will be affeited by the yer-
di& Po that Mr. Waddington will gain several
tbous.Lad pounds by this speculatisat.

• • • , i• .•

' COMMON PLEAS, 6aitacii.a.
•
Sittine at Nit, Prises, &Are Air. Agar, Ca am ale
COLL V. JOU%t?ON.

This was an anion fo; an assault and false im-
prisonment. The'Plaintiff is a journeyman carpen-
ter, and the Defendant ain't' able, of the villaoe of
Waltham Abbey, in the county of Essex. It ap-
peared, that on the .sth of November last, as is
usual all over England, a number of boys had as-
sembled, and having made a bonfire, were throw-
ing squibs in so riotous a manner, that the constables
thought it necessary to disperse the mob, in the aft
of doing which, as is generally the case, a much
greater noise was made than had been before. The
Plaintiff: who WAS sitting taking a drink of beer, in
a public house in the town, came out, and asked
the Defendant, not knowing him to be a constable,
what WAS the cause of the not ? in answer to which,
the Defendant desir:d him to hold his tongue, or he
would jump down his throat. The Plaintiff, not im-
mediately complying with this order, was seized by
the constable, who struck him several times with a
large stick, and sent him, under an escort of Volun-
teers, to the cage, where he remained all night,
the Defendant refusing to tak, any bail whatever
fur him: the next morning he was taken before a
Magistrate, and discharged, there not being any
complaint against him.
The case was very clearly proved ; but the Plain-
tiff was nonsuited, under a late ASR of Parliament,
which states, that every anion of this n.:zure,
brought against Peace Officers, shall be tried in the
county where the offence was committed.