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

LEUHORN, Nov. 6.

ON the rsth, the English Frigate the- Pottema, of
38 guns, arrived here with 300 men of the Garri-
son of Porto Ferrajo on board. She brought also
the English Commandant of the Fortress, Colonel
ARCY, and the Pro-consul, Mr. SILLFLEDY. An
English Frigate has now arrived at Porto Ferrajo
with official advice. of the signing; of the Prelimi-
naries of Peace.

VIENNA, Nov. z 3.

Our Government has received advice that tran-
quillity is restored in Belgrade, to the 6atisfaaion
both of the Porte and the J•lnnissaries. The
,Dacha,
whom the Janissaries had confined, bas been set at
liberty,. und.rein3Lated in his former post.

On Friday morning, at two o'clock, a fire was
dist;overed to have btoke out at the house of a baS-
ket-dtaker, near St. John's Chapel, Duke-street,
,Plymouth-Dock,which burnt with great fury for •
some time ; but was at length extinguished by the •
great exertions of the inhabitantsafter destroying
that house and the. greater, part of one adjoining.—
In a roOrn of the latter, which was not _consumed,
was a married.woman. with a family of eight chil-
dren, all of whom (shocking to relate) were suffo-
cated. When found, the woman, with, four„of. her
children, were in bed, and two. of .them..(twins)
perished at the mother's ~brept :.tbe, other four
children were laying dead in different parts, of the
room, one of whom was turned quire 'black:
In a dispute between .a Corporal of the Bedford
Militia, and two Dragoons, ,at Exeter, the Cor-
poral received a blow of a bayonet on- the head, of
which he died. The Coroner has committed rile
Drlgoons.for wilful murder.

111 REPOPT.;
COURT Ot KiNG's DEC.S, •
SITTINGS BEFORE LORD KENTON AND A SPECIAL

LA

JURY IN WESTMINSTER-HALL.

KING.

Mr. ERSKlNEstated,_ that this was Action
brought by Sir James Wallace, an Admiral in His
Majesty's I\.l4v,.:agitioist Sir Richard King, who
wa. likeWisean Admiral in His 'Majesty's Navy.

It was for the purpose of settling by -the verdict of
the jttry, whether .the Plaintiff wall;- or was not,
entitled to a share of the prize-money arising from
the czpture of certain Dutch vessels which were de-
tained at Plymouth by Order ia,Council, and after-
wards declared lawful prize, and the prize-money
Was trdered to be distributed among the Fleet, by
His Majesty's Proclamation in the usual
,manner ;
for His Majesty, in right _Of the Crown, was en-
titled to all prizes, and he always ordered it to be
distrimted amongst his Fleets in a given manner,
and tie question was, " Whether the Plaintiff, Sir
James Wallace, was entitled to his share, as Admi
ral, in this Case 1"

It never occurred, nor would it to day, that any
interruption should take place in the harmony that
subsisted among those gallant - Defenders of their
Country, and the spreaders of its glory, on account
of any such Aaions as these. They referred them
to Courts of Justice to be decided. They had a right
to do so ; they had a right, the one to apply for, and
the other to resist the application ; not only for
themselves, bat for their famiiies. It was upon
this principle, that the Adion was carried on be-
tween Lord St. Vincent and Lord Nelson ; they
were raid frien&, notwithstanding that Adion,
and ever' friend of this Country was the friend of
both. '.'his, like every other case of prize-money,
must depend on the King's Proclamation for the dis-
tribution of prize-money, and the construdion
which that Proclamation had received : the substance
of which was, that the Captains should be aaually
on boar, but that an Admiral, a Flag Officer, was
entitled to his share of prize although he was net
on board, provided his ship made part of the fleet to
whom tie prize was given by His Majesty, that was,
to the fleet by which the capture was made; so it
was held in the case he had just alluded to. The
Naval Force to Which- we were indebted- for the
brilliant-Vidory at Aboukir, was under the coma
'nand ofiny Lord Nelson, but that was only a part
of the fleet which, was under the " command of my
Lord St. Vincent, and although the gallant Officers
who rertained With my :Lord- St. Vincent in that
Fleet, titre the distance of the whole Mediterranean
from the scene of Adion under my Lord NE ',sow,
and knew nothing of it until it was announced to
them as it was to us, by the discharge of guns ;
yet, inasmuch as they were part •of the Fleet, it
had beer held that 'the gallant Officers who remain-
ed- with Lord St. Vincent were entitled' to their
share of the Prizes taken at the Vktory of the
Nile. The circumstances of the present Case were
theae; In 1795 Sir James Wallace, having his Flag
on board the Monarch, arrived at Spithead, from
the Newfoundland Station. He came-on shore, and
'came to London on business to the Lords of, the
Admiralty. -While he was here their Lordships
ordered the Monarch to Plymouth ; she • was to be
employed on Foreign Service, and Sir James Wal-
lace was ordered to shifr his Flag, and to go with
his retinue on board the ROmney, then at Plymouth
also. This was on the tath of January 1795, and
communicated by letter from Lord Speneer, signed
Charles Middleton, to Sir James Wallace, who
afterwards held some correspondence with Mr. Phi-
lip Stevens ; the result of which was, that Admiral
Sir Richard King was ordered by the Lords of the
Admiralty, on the isth of January, to cause Sir
James Wallace to be discharged from the Monarch,
and entered with his retinue on board the Romney.
Sir Richard King caused this to be done'at Plymouth,
on the 16th of January, he being the Commander of
the Fleet there.—On the t 7th an order issued from
' the Admiralty to seize the Dutch Vessels there,
which was done accordingly on the tBth—and they
were afterwards declared prizes. The question
then was, Whether, under these circumstances,
Sir James Wallace, being then a Flag-officer
of the Ship the Romney, although not actually
aboard, that Ship being part of the Fleet under
command of Sir Richard King, which was the Fleet
by which this capture was made, was or was not
entitled to his share of the Prize. money ? By this
Action Sir James Wallace contended that he was, on
account of his being a Pag.Oilicer. It was, admit-
tea that the Captain could not•claim it, unless he
was at rally on board ; but it was contended that
the Admiral need- not be -so in this case.—
Here Mr. Easittaia entered at large into the
circumstances of this Case, and compared them with
Others so shew the affirmative, and concluded with
this proposition, by which he said, this case was to
be governed. ',' That where ever an. Admiral com-
mands, or is commanded, and ought to be, and his
Ship is, he is, in contemplation of Law, considered
to be present."
...
There was no difficulty about proving these fads.
They appeared from the Letters and Documents, to
which Mr. ERSK INE referred.
• Lord KENYAN. ,-.-- I wish I nnderstood this case
half as well as some of the gallant Officers I haie
the honour to he known .to ; some of whom I now
see."
. His Lordship asked for the Royal Proclamation
for the , Distribution of Prize Money, which he
perused.
.•

The ATTORNEY GENERAL, on the part of the
Defendant, began to address-the Jury, by saying,
'That unless..his ears',deceiv-ed 'bitn, his Learned
Friend, Mr. FRshtrir.,proinised to -prove some_
:ping respeaing the Custom of the, Navy; and he
`lad made a great parade-Of the presence-of most re.
spetiable, and noble, .and'illtstriOuS, and other il.
lustrious, though not noble, Qffteeri, by which he
thOught that 'thk.comltiration he. had• put- on the
Royal Proclamation, ..bY''vihich Sir James Wallace
was entitled. to a. shirk of the Prizes of the Dutch
Vessels taken at 'Plymottlr,- not ono of them had he
ventured to call, although he was surrounded by
them. The reason was obvious. - There was not a
man on board a.ship, who knew any thing upon
A:his subject, eAtertal64 doubt.*

Lotd ICENYOI4.---"
I snouts nis.c 1141-ts ii+ut
case-betterCQP4detea thita..44/CIILI to tie able tti
consider it ;. but can go-on the w ()ids -of the
ProblamatioN, It states i%ere'; -4‘ :Ficg Officers, or
Admirals, beiFj aEtually on board." At:Nally on
board t Plaintiff' was not; 'cannot receive an?
presumption br• etinsttuetion against the obvioti
meaning of such words. " 'Ad-tually on bciard," or
" acting, direaing, of assisting in the Capture.''
What Evidence have we that -Sir James Wallace
was either a(tually on hoard, or :Idling, or direet4
ing, or assisting in the Capture If lam not right
in the opinion of the Noble Admiral I see in Court,
I am sorry for it, but I must go by my own light;
as well as I am able, in a case, on which, I protest
to have no more knowledge than any other indivi.
dual has, who understands the Grammar of a plain,
English sentence ; I am therefore happy to think
that if I am wrong, my error may be correaed.—.;
I am going upon nothing but the plain and indeed
o.bvious me tiling of the words " being atlually on
board, or aCtually direEting or assisting in the Cap.
tore." Ido not know whether I should have been
of opinion against the Claim of this gallant Officer; •
if the question had been, whether it was necessary
his Flag should have been on board, in order to
constitute Lim a Flag Officer. A Flag may be
shot off, and yet the Commander -of the' Ship
mains a Flag Officer. The Plaintiff in this Action,
undoubtedly an Officer of great merit, was not in a
condition which the Proclamation describes —he
was not on board—he could not be so, for he had no
übiquity, and as he was in London at this time, he
could. not be at Plymouth, nor was he diteCting or
assisting in the Capture of these Vessels, and there.
fore, by this Proclamation, as I tindetstand it, he is
excluded from any share in these Frites. I diets.;'
fore think the Plaintiff should be nonsuited.
Plaintiff Nonsuited4

The Court was occupied a cotisiAerahle time in a
cause between the Executors of the late Mr. Bond,
Lord of the May- of Hendon; and Mr; Carr, one
of the Tenants of the Manor:, The question was;
whether, by the custom of
,the manor, the Lora
was entitled to more than a year's fine Upon an
admission upon a death ? After inspeaing the Re-
cords, and examining Troward; the Steward dE
the Manor, it was clear the Lords were entitled to
an arbitrary fine; within two years rent; and ac.
cordingly the Plaintiffs had a verdia in their favout. .

THE THEATRE.--Mrs. BI 1. Maio resatneA
her charaler of Mandane dr; aturday.l.a.st at,
Covent-Garden, icharaaer in which thereiS•greater
scope for her exquisite powers than in Clara,"
in which she . appears to much greater advantage. -
The house was crduded, and she excited the warmest
applause. Most of her Nirs were encored, and ally.
were given in the perfeaian of musical taste and
skill.

A new Musical Entertainment is coming foiwark
at Drury. Lane Theatre, written by the Hon, Mr.
ENC Eit, son of Lord CktAtt.r.7.s Sit:lC:tn. Mr.
SPENCER'S poeti,_al taste aid talents are wail known,
and this dramatic sketch according to report, is .
likely to increase iris literary credit;
HARLEM', who sonic years ago belonged td
Covent-Garden Theatre, is now performing cn the
Dublin Stage. He is said to be much improved, in
his profecsion.
Messrs. Coat, I-MARE and Li:9 xs presentea.
r ,
a petition to the Loß.n CIIANCSLLOR, tot tne pur-
pose of establishing the rights and securing the pro-
firs of Authors. As They however are nor parties
in any deed that relate: to the points in dispute-, it is
not conceived that this petition %viii preucc any
change in the expeded arrangemecit,

The Morning Pott has lately got so much ntO
the habit of puffing the siiiiest awn hi the Utt ,ed
Kingdoms, that it has pretty generally assumed .he
-appellation of Robsoff Gazet:r.
The Duke of NORFOLK is about to pull clOwti th 4
old Mace at Norwich, now used as a workhoubri
and on its scite to erect a wharf, with warehouses,
Sec, •

On Thursday lasts at Ifrickendonbory, -ffertsi
the Lady of WILLIAM DEN; Esq. was safely
delivered of a Daughter:
Mr. STEELE was on Tuesday last committed by
the Court of King's Bench, Dublin, upon a verdiEt
found against him at last Armagh Assizes, for hat.
ing unduly exercised his authority as a Magistratei
in. imprisoning a Freeholder, to prevent his voting
at a late eleEtion for that County: The sentence o
the Court was pronounced, " that he should beinia
prisoned three months, and pay 4 fine offool."
At Barnstable, prime pieCes ,of the best beef and
mutton sell at from 31,d to, ¢d. per lb.
At the recent fairs in Suffolk cattle sold at ad.
vanced prices.

In the garden of Dr. WALKEti at Ccilinton,
near Edinburgh, roses have been in full perfeaiort
since May. The White Cluster, the Portland and
Moss Roses, were some days ago gathered in per*
felion; there are also auriculas, polyanthus, prim.
roses, and anemonies, in full flower in the.open air,
in the same garden. _ _

On Monday evening last tbe audience at the 'rhea.
tre of Chester was thrown into great alarm on some
ruffians crying out fire ! fire ! Zn the efforts to
escape out of the house, fortunately no lives were
lost, although one man leaped out of the gallery
into the pit, and another out of the
steady condi'a of several Ladies and Gentlemen in
the boxes, who remained in th•!ir places, tended in
a great measure to,prevcnt the press being so vio.
lent at the doors and in the passages as was prdp
'bably the desire of the monsters who gave the false
alarm, and the meditated mischief prevented.
'On Saturday, Croaker, of Bow-street, brought to
the Police-Office, Union Hall, from ThameslDittbn,
a licensed Pedlar, on suspicion of being a reeet 'et
of.black lace and b;!r.k-notes to the amount of.dci,
burglariously stolen on Sunday: seinnight, In the
house of Mr. Wilson,. of Amersham, in Bucking_
hamshire. The Prisoner pleaded innocence, say.
ing he had given a fair price for the lace to a man
whom he could not name nor describe. He was
• committed f.)r re-examination.

NEWELL,Mr. who during and subsequent to
the lehellion in Ireland, gave inforMation to Go-
vernment against numerous persons, upon the iden-
tifying of whom he alwayi appeared in a mask, and
generally hi military uniform, for the purposed coo-
CealniEp(in,d security, is stated by our last letters
from. Dublin, to have been found murdered in tie
neighbburhood 'of Belfast.
• A few. evenings ago a Gentleman in a gig wr-s
driven .against
.by another in a tandem,. near Bic-
field,- NorfOlk.;i:it Was. very da-rk, and not begin:
each:other, they met,. and the shock threw the
Gentleman otit,of the gig. The horses -of the tan.
Clem became unmanageable, ran awaS,:„" dashed the
carriage. to pieces, and were not Stopped- until on:
of them .was killed. The Gentleinan who droNe
•
-.them was severely bruised.'

P.RICE 0

STOG'K.Y,

SATU

TREATY WITH PORTUGAL.
The Counsellor of State, DE ERMONT, presented
the Treaty-of Peace with Portugal. After having.
read the Treaty, he delivered a long Speech, in
which he made an exposition' of the plinciples and
objets of the French Government:
He touched upon the third part of the Treaty,
which declares that a Treaty of Commerce and Na-
vigation shall be concluded, bet Ween the two Colin-

Bank Stock, ".
c Navy. per, Cent. Out .
5 per Flit. 1717i35i 99
Irish -Pc,r CdriY. i
4 per enViCAktfts/11
3 per cente,R r62-tii ~,
, 3 per Cent. t:on. sit,it
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Rank..Long-iAnn. 1. i- 16,49 i
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RDA Y. •!, ,-•
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Excheq. Bills s. 7s. prem.
Fundable ditto 'pte*.M.
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Oinnium
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1ta..................... .
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