The Sun.
London, England, 1806-02-15 00:00:00

'6tfiLDILI/L,

A Court tf Common Council was held this day
al the Council Chamber, - Guildhall, at which the
Right Honourable the . LORD "MAypit presided.—
Eleven Aldermen, and near two hundred Corn-
moners,
Attended. ,After the Clerk,. according to
the established rule, liad read over the 'ltesolptions
passed at the preceding. Court,
Mr. • SLADE rose, and said, that, in pursuance
of a notice be had given on a former day, 'he
bad a MOtion to submit to the
,consideration •
of the Court,- which he hoped would. meet with
general approbation. He was the More' inclined
to imagine that Gentlemen would concur in Con-
gratulating His Majesty on the appointment' of the
present Administration, as, during the last thir7,
teen years, the Country had . suffered conSiderably ,
from the Measures of the last The power of France
had increased to an enormous degree ; to such a de-
gree, that invasion might probably be the conse-
quence. The principle of taxation had been resort-
ed to as a never-failing source to support destruCtive
measures ; and the national debt had been increased
for the purpose of carrying on the war. It was not
his intention to go into a detail of the various parti-
culars which had, in. faEt, made France a military_
goVernment. He thought it •sufficient for him,
after adverting to these circumstances, merely 'to
make the Motion ; but when it Was considered,
that His Majesty, for the good of his People; had
chosen the present Administration, and that that
choice bad met with the approbation of the Heir,
Apparent of the Throne, he was. convinced it
could not be rejeaed. He trusted that the first
measures of the new Ministry would tend to check
the growing power of France—and he hoped they
would never treat for Peace until it could be made
on a secure and honourable foundation. If in-
vasion were attempted by the Enemy,he trusted our
Fleets would be kept in such a condition that they
might interpose and destroy them before they set
their foot on our shore.. And if, by any chance,
they should make a landing, and that their Chief,
like a second 'Hannibal, should invest our capital
with his.troop, he fervently hoped such would be
the spirit of the Nation at large;'-that every English-
• Man would become a competitor for the purchase of
the very ground where the camp of the Enemy 'stood.
If any person would ask what good resulted immedi
ately from the appointthent of the new Administra-
tion would ansWer, that by their creation, all
party was destroyed.. 'There was now no party
in the;Country—the great leading men were all una-
nimous. The Ministry bad the Confidence of 'their
Sovereign, and, he believed, the confidence of the
People ; and be was firmly rf opinion, that if the.
man to whom they had lately voted a Monument,
:Could again appear amongst them, he would acknow-
ledge that every thing was to. be expected from such
a combination' of Abilities. The 'worthy, Gentleman
then concluded by moving, :" That a dutiful and
loyal Address be presented to His Majesty; to Coti
, gratulate him on the appointment of, the New
Administration, rind on the confidence which that
measure excites of a.'vigorous opposition of the
Enemy; or of terminating the present C6nteSt by a
safe and honourable Peace." • •

This Motion being seconded, and'read by the RE-
CORDER,

Mr. WAITHMAN said, it was not his intention, :in
the course of the very few obserC7ationS he bad to
offer, to Jet fall any thing whiehicould chit tin-th
party spirit- or animosity. He • hoped, from the
mildness of the Speech of the worthy Mover, and
the wording of his Motion, that nothing which
might be said by other Gentlemen mould have that
tendency. If there were any strong assertions made
use of, he hoped he would be allowed to answer
them. The worthy Gentleman then adverted to
the impropriety of the measures of the late Admi-
nistration ; and said, as a friend to the individuals
of the present, he certainly did not wish to see
them placed in the critical situation in which they
now stood ; but, as a friend to his Country, he could
not but rejoice at their being called into office. On
the support which was given to them, in his Opinion,
depended the safety of the Country. It was ne-
cessary they should have means to carry great mea
sures into execution. The present state .of the Army
was such that many .alterations and amendments
were necessary: The Navy Should be supported;
and the Country should maintain her dignity. He
• had heard it whispered, that it was the intention Of
some to oppose this Motion ; but he could not an-
ticipate any one of the grounds on which this opp6=
sition was to be supported. He could not conceive
bow Gentlemen could oppose a Motion, the sole ob-
je& of which was to congratulate His Miljesty'on
the 'combination which had been made of all the
talents, and all the parties which this' Country pos-
sessed, for the purpose of preventing the Nation
from sinking in the estimation of the World. He
would not, he said, at present take up more time ;
but he hoped the rtimoutwaStnifounded; and that the
Court would unanimously agree to, and go up with
this Address. AS the worthy/ Gentlethan sat down,.
he said he was sorry to see a Gentleman near him
(Mr. S. Dixon) shake his head at What he had just
said

Mr. S. Dixotc instantly rose and said, " truly, I
did shake my head, but there was nott,ing in it."
(A loud-laugh) The worthy Gentleman then pro-
ceeded, and, after adverting to the proceedings of a

former day, which in a measure involved a efuestion
respe6ting the worth of the late Ministry, he said,
we had now an Administration of men possessing the
first talents of the country. He sincerely helped they
might find the benefit of them. For his part, when
he saw they had the interest of the Country at heart,
they should then have his firm support. By agree-
ing to this address, he conceived it would be ap.
proving Of the conduct of the members of the pre-.
sent Administration, before, in fa6l, as Ministers,

-
they could have concluded themselves in any man-
ner which merited either approbation or disappro-
bation ; and be hoped they should never form their

opinion of men in office from what they were when
out of offite. One of the causes for 'congratulating
His Majesty was, as hinted at by a worthy Gentle--
man, that instead of one man at the head of the
Army, it was now under the direction of a Mili-
tary Council. It was yet to be ascertained whether
that would ture but advantageously to the Country.
As to the formation of the bulk of the Administra.
tion, it was, in his opinion; something like casting
lots, No man had a higher opinion 9f the abilities
of Mr. Erskine, now ,Lord Erskine, than he had,

at~d.'he Wag snit, that, as Chief Jostite of the king'
Bend], or Couttfion Pleas, he would have been ofthe
greatest service to his Country ; but he very much
doubted, whether the situation he now held was
adapted to the particular inforinatiofi and educal
tion ire had received. From .these circumstafiees,,
lie thought it his duty to move; as an amendment
to,.the Motion, that it be postponed until this day
six months." •

Mr. Britcn merely rose to second the Amend-
ment: }Te pledged himself to the Court, that he
had no animosity against the new Administration,
but he certainly could not subscribe to the present
Motion, :as be had lately heard sentiments fajl from
some of them which made it totally impossible
that they could have the confidence of the people
until thane sentiments were abandoned.-I

Mr. Smrrfi' supported the original Motion.

Sir R. C. GLYIi observed, that when the Motion
was made, be was inclined to concur with the
mover ; but the worthy Gentleman who moved the
Amendment, having put the question into quite a
different point of view, he would say a few words,
and explain his reasons for giving his vote. A Gen-
tleman (Mr. Waithman) has said, we, must suP-
port the present AdMinistration.;. but until he knew
the measures they would pursue, and the Bills they
Would bring ip, he; for one, would not support
them; as, however extensive their abilities, they
might be turned to the disadvantage of the Country.
One circumstance had already occurred, which, in
his .opinion, was an impropriety in the conduta of
the new Administration. The Lord Chief Justice
of the King's Bench, a Nobleman of whom he
entertained the highest opinion and esteem, had
been called into the Cabinet. From every thing
be had heard and read, that was not a consiitu-
tional proceeding. It never was intended, when
the Judges were made independent; that the Lord
Chief Justice should have a voice in the Cabinet,
and also at in his executive capacity. Suppose
a case should occur; as did once before, when an
Alderman of the City (Alderman Wilkes) was-
Prosecuted in the Court of King's Bench; by order
of the Cabinet, ,in what a situation would the per-
son
.prosecuted find himself, when it might be al-
most said, that his Judge and his Prosecutor was
the same person ? The worthy Gentleman con-
cluded by saying, that as the worth Of the new
nistry had not as yet been proved, he Would support
the Amendment.
Mr. THo RYE declared himself in favour of the ori-
ginal Motion.

Mr. GOODBEHERE wished to know whetherthe
Gentleman who moved the Amendment, 'thought
that the trade and commerce of the Country should
stand still, in Order that he might be convinced 'of
the value of lie new Ministry ? Such a trial might
do very well With regard to taking apprentices, but
with respea tb an Administration, which was to have
the management of a great Nation, another line of,
condu& was to be pUrsued. A worthy Alderman,
he said; had also declared his opinion, that we
should have a trial, but he Was not absurd enough
to limit it to any particular time. He then observed
on the different arguments which had been urged
in favour of the Amendment, and 'said, they all dis-
appeared,•like the light sivwV on 'the hawthorn, with
,the rising sun. The Ministry, he said, bad not yet
given their opinion on the Catholic question ; per-
haps they would not be called on to do so for four
or fivd years—and was the City of London, and the
CoUntry at large, on that account, to withhold their
support ? The very id& was absurd ; he therefore
hoped, that the Amendment would be withdrawn„
and that they should approach the Throne with•one
mind on the subject.
Mr. DORNFORD supported the original Motion.
Mr: JACKS was of opinion, that His -Majesty's,
Ministers should be supported, as4hey were chosen
by His Majesty. He was confirmed in this belief,
as he 'understood, on the death of Mr. Pitt, His Ma-
jesty had sent for Lord Grenville, and agreed with
• him that Mr. Fox should be taken into an Admi-
nistration formed of thd greatest talents of the
Country. He, therefore, would vote fot the Ad-,
dress. •

Mr. TAnny 'thought it a Matter of the first im-
portance that the original Motion should be car,
ried.

Alderman PRiNSEP said, if he had discovered any
thing in the Motion which savoured of party, he
would have been the first to oppose it; but as he
perceived so much moderation in it, and so much
respea for His Majesty, he could not but give it
his concurrence: It was the only measure which
could have been adopted after the loss of such a man
as Mr. Pitt. He could not see any reason why they
Should not congratulate, His Majesty on the union
of those abilities, which, thus united, might equal
those which had been lost:

Alderman BOYDELL said hd would support this
Motion; but would not pledge himself to, support
the new MitUsters, whether they condueted them-
selves well or ill.

Alderman RowcßoFT said; he had entertained
some doubts whether it would have been proper for
the Court to come to any resolution on such a sub,
jeet ; but as there were precedents of such Motions,
and as the sense of the Court was the other way, he
waved all, his scruples on the subje&. With respe6t
to the Motion itself, he thought it was couched in

as gentle terms as possible, and that the worthy
Mover had taken every pains to avoid making use of
any words which might excite party spirit. He,
hoWeVet, Conceived; as His Majesty had appointed
his own Ministers, it would be more, - respe&ful if
they would approach his Throne to thank him for
the Seleation, than to congratulate him on the ap-
pointments. He was convinced the worthy Gentle-.
man who made the. Motion had not tutted his
thoughts to this particular point, or he would have
so worded his Motion, if he thought it less excep-
tionable. He then concluded by hoping, that the
Motion would be carried to thank His Majesty for
the appointment of the new Administration. '
Mr. GRIFFITIIS was of opinion that every mark
of respect which could be shewn to His Majesty
'should be demonstrated by the Nation at large; and
as, on the present occasion, he undoubtedly merited
congratulation, from whom could it come with
-more propriety than from the worthy Citizens of
London?
Mr. KEMBLE spoke at . some length against the
measure. He' was of opinion .that their merits
should be known before they.approved them.
Mr, QUIN Was happy the Address was worded iu
such modest tam s, as it Was 3IIIIOit.i IllpOizible, in such

folif), it tonic' be tfegithied.. fe a knowledg'ed;
that there was noprecedent for the present Address
but he conceived every nian must acknowledge; that
there was no precedent for-the present Situation of
the Country. He did not conceive that thanking
His Majesty for the- appOintrrientS, could imply an
approbation Of the past 'condua of the Members
'Of the present Adininistratian. The -Ivorthy Gen
tleman then adverted to diffeient arguthents which
had been made use of in the catifSe of the day ; but,
orfaccount ofour limits, we are sorry to be obliged to
omit them. He coucluded by declaring his inten-
tion of voting for the original Motion. _ .

Alderman RANKEY, Mr. NICHOLS, Mr. BOX, and
Mr. SHARP, declared themselves iii favour of dui
Address:
'Mi-. S. DIXON and Mr. WAITHMAN a ecOnd
time delivered their sentiments.

Mr. BIRCH, in speaking a second itime, said, one
of his reaschs for opposing the present .motion was;
that a Gentleman high in office, (Mr. Fox) had de=
dared, on the Hustings, at Westminster, that the
People were returning a Man. who should ever main-
tain the prinCiples he had before lyrid. .
.Alderman CtiMBE said,• as he was at the Hustings
at Westminster; he could set the Gentleman rights
with reaped to any thing that passed there. Mr.
Foic made a eery short speech, and had, not
.said
what the worthy .Gentleman stated ; but
„that lie
" should ever approve of the principle which gave
them an. opportunity of making a free choice in theit'
election." . The worthy Alderthan deprecated the
idea of postponing
,the Motion until the measures
could be approved of; and concluded by giving hit
hearty support to the original. Motion.
The Question was then put on the Amendment;
and a division haVing taken place, there appeared,

For the Amendment
Against it,

Majority

- 79
- 91

On which a Committee was appointed to with=
draw and, prepare an Address ; who, having re;,
turned, presented an .Address accordingly ;
.and a
Motion being:made that the Address how read be
the Address to be presented to His. Majesty, a di-
vision was demanded and granted, and there ap-
peared,

For the Address
Against it

Majority

Whereupon the Lord Mayor declared the Addresse
carried in the affirmative and the Sheriiis; attended.
by the City Remembrancer, were requested to wait
on the King, to know when the Court might attend
him with the same.

OCCASION IL .IDDRESS.

INTINDED YOR THE BENEFIT OF MRS, KING, WIDOW

MR. KING, THE ACTOR.

."
Alas I poor Vox ICK !"—Well May this apply
To him whose shade now claims a friendly sign;
Whose mem'ry draws a kind assemblage. here,
The drooping widow's closing days to cheer.
*(ou knew him long, and warmly will attest
Itis genial pow'r to animate the jest.
With lines corred, and with expression true,
From Nature all his charatiers he drew t
Not the mete fleeting phantoms of thc mode,
Who wing their transient course o'er Fashion's road;
Intent to trace those features of the mind,
That, Spite of Time and Chance, trill st:nhp mankind.
4' Where are thy gibes," and where thy "gambol's" now,
Of pow'r to smooth the sternest critic brow ;
Thy Sportive sallies, an exhaustless store,
That " wont to set the audience in a roar !"
Alas! all vanish'd, like the passing wind,
4' No fix'd eifeet, no modek leave behind !'' •
But though, as sings the Bard in lasting lays.
The Ator's merit with himself decays,
While rival Arts to future fame aspire,
And distant ages shall their works admire;
Though dark Oblivion will'that merit hide
" Unvouch'd by proof, to substance utially'd," !
Yet still, while social worth is understood,
And duly, valu'd by the wise and good,
The name of KING on scenic tolls shalt dwell;
And though in vain they of his skill would tell,
They'll shew at least in life he acied well.

* S RIR IDA D's Monody on Carrick:

- TAB THEATRE.--The affeaing Traaedy of The
Gamester was represented last night at Covent-Gar-
den Theatre before a very numerous Audience.,
Though .K.T4MBLE.is by no means recovered from his
severe indisposition, yet he appeared to great advan-
tage in the part., of Beverley, as the' dejection and
anxiety necessary in most of the scenes corresponded
very well with the languor of sickness, and height-
ened the pathetic effect of the whole. Mrs. SID-
DONS had all her usual excellence in Mrs. i2everley,
and her acting operated most forcibly on the general
feelings. BARRYMORE was again torrowed from
Drury-lane Theatre, to supply the place of COOKE,
in St/thely, and he performed the part so well as to
add much to his credit. Lewson is one of CHARLES
i(EMBLE'S best parts. -MURRAY, in old Jarvis, and
Miss Baurrionm, in 'Charlotte, acquitted themselves
at least respe6tably.
The Jockey Club, and all the other amateurs of
the turf, already feel peculiar interest in the sport
that is to take place at the next Brighton races. Very
.large sums are depending between Lord, DARLING,
TON'S Pavilion, and Mr. MELLISH'S Saiicho-5 and 6
to 4on the former. Even betting between tild
PRINCE'S Hovel and Sancho, and between Sancho and
Haphazard. The wide extended fame of the capital
races, there is great reason to believe, will produce a
larger assemblage of elegant company on the course
than was ever known. _ _ _

On Friday se'nnight, in the Court of Chancery,
Dublin, Lord REDESDALE took an opportunity to
allude to the change of Ministers : and, after thank•
ing the Barristers. .for their attention, during hilt
Chancellorship, said he should . not have occasion
to proceed in any causes, save a few, which he shoul4
hasten, as quick as possible,, previous to his depar-
ture from Ireland.. • • _ _ _

We are desired to eontradia the paragraph which
appeared in this and other Papers of yesterday; stat-
ing, that a child of Mr: Jenkins, of Dean-street,
Ktter4ane, had been killed by a brewer's dray. We
are happy to state thatno such accidebt occurred.

LAW' REPORT.

COURT OF KING's BENCH, rtn. 14.

LEES V. AUZERT.

' This was• an ACtion upon ,a Policy of Insurance,
and the single question upon the cause was, whither
thelass which had happened was to he deemed a
total or an average loss And the Jury were clearly
of opinion, under the direetion of his Lordship, after
a, full. hearing, that the loss was only an average loss,
and found a verdiot -accordingly.
Another cause, depending on the same question
was disposed of in a similar manner.

COURT V. GADSDEN AND ANOTHER.

Sir V. GIBBS, stated this to be a case in which the
Plaintiff was the Consignee of a butch Mefchant,
and, in that chara6ter, had sold to the Defendants
a certain quantity of what was called HoHands but-
ter ; it was buttef which came from one of the pro-,
vinces of Holland, and in what are called "-Bollard
casks ;"' there were 400 tubs of it. The Defendants
bad bought the whole, 1 15 only' of which bad been
a6tually delivered to them the rest they refused .to
take. This attion. was brought to recover the
amount of the 'difference.

Mr. Ashton, the Broker employed by the Plain-
tiff, proved the contra& to have been made on his
behalf between him and one of the Defendants,
Mr. Gadsden.

On his crass-examination by Mr. GARROW,• he
admitted that.a considerable part-of this .butter Was
grease,'unfit for consumption.
But Lord ELLENBOROVGET observed, that. this wp
no defence, since the Defendarrt had an opportuni-
ty of inspecting the whole of the butter.
To corroborate this case, Mr. Thompson, theDe-
fendants' Clerk,-Was- examinedt and proved that a
conversation toots place in his presence between one
of Defendants and the 'Plaintiff, in which it was
agreed that a letter should be ritten by the De-
fendants to the Plaintiff, and that he was to for-
ward. that letter to Kolfor, the Dutch merchant.
But

—Lord ELLENBOROUGH held, that this letter did
not alter the Original case, for it amounted only to
this, that if the DefendantS would not sustain the
loss, 'the Dilteh merchant must, for that the. Plai-
ntiff ought 1;ot, inasmuch as he was, at all events, en-
titled. to be saved harmless ; and that threw the loSs
on the party bound by law to bear it ; that party was
the -Defendants ',who had entered into an engagement
they had not- fliihlled, . _

%.VerdiEt for the Plaintiff to the amount of the dif-
ference, being gsl.

THE.COMPANY OF FA:sr—MAKERS V. HOLLIS.

Mr. -,YARK observed, that this was an A6tion
broiight at the 'instance of tbe Master, Wardens,
and Soci,-,,ty of the Fan-Makers' Company, against
the Defendant for a debt, for disobedience' to the
Bye laws of the Company, first refusing to pay the
necessary fees due on each quarter-day, 'on'. which
the Company held a meeting, by which he wasfined
6s: Bd. fbr each default, of which there were five.
This Company had their Charter granted to\them in
the Reis;:: Of Queen Ann. They had made Bye-laws
under the authority of this Charter, which bad been
approved of, as required- by the Statute of -Henry
VII. by the Lord Chancellor and the two Chief
Justices of the Court of King's Bench and Common
Pleas, ,who were Lord naanwtcKE, Lord - Chief
Justice LEE, and Chief Justice WILLES:
Mr. Gmutow addressed the Jury for the Defend-
ant, and thOught that This action might well have
been spared, under all the circumstances of the case.
Lord ELLENBOROUGH held, that as to the five
penalties with which, the Defendant had been
charged, he must be acquitted of them, beCause the
Plaintiffs had averted in' the Record, that the De-
-fendant had due notice of, the Meetings at which 113
was not present,and they had not proved that he had
that notice, and, the: days of holding such notices
were not foxed. This was not a material averment,
but as it was averred, it must be proved, and as' it
was nut proved, the Defendant was entitled to the
benefit of it, and that gave him a verdict \on these
penalties ; but his Lordship thought that his refusing
to quit the room, atter. being ordered to do so, and
behaving turbulently, was a species of misbehaviour
within the meaning of the bye law, and on which
the Plaintiffs were entitled to a 'verdid; ,

The Jury, after some consultation, found a Neteclia
for the Defendant.

GREENROSE V. HANSON.

GARROW stated this to be an a&ion by a
foreign Sailor, to recover of his Captain 141. due to
him tor wages. He had been shipwrecked on the
coast of Lisbon ; employed there by the Defendant,
tinder a promise that he was to he taken home to
Sweden, in which he was deceived, for he was
taken to Dieppe, from thence to Hull, and so on ;
he had applied for his wages, but could not get
them. •

rl brother Sailor of the Plaintiff, 'who had another
Aaion against the same Captain, in which this
Plaintiff was to be the witness, swore, that the De-
fendant undertook, in Wapping, to pay the Plaintiff
the remainder of his wages ; that the agreement was
made between the Captain and his crew before the
Swedish Consul at Lisbon.

Mr..-PARK, onbehalf of the Defendant, observed,
Oat as. the Captain, Crew, and Ship were Swedish,
by the laws of Sweden no Captain could take Swedish
sailors without entering all their names, ages, &c.
in a register kept for that purpose, either, in his own
country or a foreign port, and he must pay a penalty
for every one he did not bring with him back to
Sweden, or give an account how he lost him ; that
he dared not pay one of them who refused to return .
with him, arid their wages were forfeited in that case.
That was the case here : the ;men had been ill ad-
vised, and the Captain could.not, dared not pay this
Crew; the agreement between him and them being
Made according to.the laws of -their own Country,
'which -did not.allow any Swedish sailor to stay in any
place.out of his native country after he had per-
. formed his voyage, &c. ; for .-vhich.reasOn the De-
fendant was entitled to a verdi&.

Mr. C. GRILL, Consul General, of his Majesty the
King'of Sweden, gave an account of the law being
as. Mr. PARK had stated it, and this was by an ordi-
Jiance of the Government of Sweden of the year
.1743. That this crew applied to, Mtn to enforce the
payment ortheir del-nand upon the Captain. The