The Sun.
London, England, 1801-02-06 00:00:00

MUSIC.

'rbc second Performance of THE ACADEMY O
ANCIENT MUSIC took place last night at the
Crown and Anchor Tavern. The Seletlion was
made by, Mr.' Std iTH, an old and -iczipe6table
Member of the Institution. '''The vocal and' in-
strumental Pieces were well chosen.

HARP ISON last night enriched
.the Perform•
nee. with his admirable powers in' two AirS.:
" A morir se xi condanuai" &c. by FR.Alkl C.IICO
17t MAjo,. and HANDEL'S charming song,
" filature thy former ways resigning," Oath cat
whiCh he gave, with his usual pure and elegant
taste. VAUGHAN, Who we find received his
musical education at Norwich, 'sung," Sigy rise,
oh Southern breeze," and Comfort ye my Peo-
ple," in a very able manner, and with more firm.
ness than could. be expeaed Irbin a Performer so
little familiar with a London AUdience.
Madame BIANCHI was sufficiently recovered

to take her seat in the Orchestra, but not to'. do
full justice to her own powers. Her " Farewell
ye limpid springs and jioods,"-was very sweet, put
her " Resta, Ingrato io parto, adio," wanted
requisite force, and fire. SALE gave an air by
C;LCOT, with gre.at energy and animation.
" Let me avander not unseen" was prettily war
Wed by Miss TENNANT, who also 'acquitted hers
self so well in the duet " My faith' and truth,
Oh Sanipson,' preve," 'with Master SMITH, that
it was encored.
The whole concluded* with The Coronation
Anthent, which was sustained with all due accu_
racy and force by the Orchestra.
There was a very numerous and elegant Au-
dience,"and we are glad to understand chat this
respeaable assemblage of musical talents is sup-
ported by an ample Subscription:

We have heard' nothing of our Friend Tit:is
Oates since the commencement of the present

Campaign, thOugh we believe, and hope, the, Ca-
rvaky Horses are at as, good feed and in as good

condition as ever.

The origin of theword Preface lids been lately
made the subjed of Inquiry. It ha;becn traced
to an obsolete French term of saluthtio,n—Poff
pour -4crq face.—e! Much good may it do you."
The Italians-used the term Profazi;ci, for Buou.
pro wi frcc;aa"
•
An Irish Gentleman, speaking of the #roun
Bread, observed, that it disagreed with Wm 40

much, that he must really resort to same other

ievergge.

An Englishman, of the name of MAnnox, is
the Proprietor anti Managek; of the Theatre At
Moscow, one of the largest„ which -has been

crated in modern times. -A
Theatre, Concert.;

rooms, a Masquerade.room, are all contained to_
gether in the same eilifice. The Masquerade..
room alone cost 50,060 roubles, and convenient-
ly receives several thousand persons. •The
'theatre has four rows of boxes, rising-over ore
another, two spacious galleries, • two series of
benches, besides a considerable vacant space in

the pit. The boxes are most stunptuotisly ctle.
corated. A box is rented fer the year at from
300 to zOOO roubles.. The price of admittance
for a single evening to the pit is a rouble. The
pit is generally crowded, and a box seldom re-
mains unlet. The most eminent Aaors are—
AsCHOKI N, for old men in Comedy k PONAMA.
*EP, for intriguing servants, officers, intermed-
dlers, and ridiculous pedants ; POMERANTZEF,
in generous fathers; ScitoscHEßlN, for‘ heroes
and 19vers ; Mrs. KOLACRIDOVA, among the
Actresses, excels in parts similar to those in
which we admire Mrs. SIDDONS; NASSOVA, is

the Mrs JORDAN of the Russian Theatre ; Slat-
EFSKY, now ZAKHAROr, is the favourite re-
presentative of female lovers. Among the pieces
represented are a few Russian originals ; but the
greater part are translations from the German and
the English. Above all, the translated dramas
of KOTZEBUE excite the highest enthusiasm in
their exhibition on this'stage.

A Piece has been' brought out on the French
Theatre, the objet of which is to ridicule the
English.—lt is entitled, Milord Gadder".
was; however, so dull, that a French Paper oh.
serves, the' PUblic.were placed in 'a disagreeable
situation between their taste and theirlairictispr.
Married on Tuesday the 3d inst. at St. Mary's
Church, in Chester, SAMU e L H I 0., Esq. son of
the Rev. Katmai' HILL, Sand nephew of Sir
RICHARD HILt., Wit. to Miss ANNE FRANCES
WRIGHT, eldest daughter of SAMU E L WR I CUT,
Esq. of Stanley 'Place, Chester..
LONGEV,ITY. —Lately died, Mr. . JOSHUA
HOLE, of Trinslone, near Southmolton, Devon.
The longevity of himself, his father., and:three
brothers,- was unusal t his father, Vicar-of South,
motion, dying aged. r i t years ; his eldest bro.
ther, JOHN, gee.tor of Romansleigh and .Wash.
ford Pyne, So years ; himself gi years ;
LIAM, Archdeacon of Darnstaple, 85 years, ; and
NI cHo LAS) Vicar o£-Burrington, 8o years.
Captain BENNET, of theSornersetshi Militia,
some days• since riding towards Weymouth to
meet a pack of hounds, fell from his horie in an
.
apoplexy, and instantly expired.
Two Pick-pockets were yesterday taken into
custody by Townsend, the Bow-street Officer, at
St. James's Palace ; and committed to prison by
Mr. FoRD.

Yesterday Thomas Brown, alias Chalidry, WAS
examined before the LORD MAYOR at the Man.
sion-house, being apprehended in Smithfield-
market on Monday last by Robert Rosamond and
John Turner, city constables, on suspicion of steal.
ing two cows, which he offered for sale. Mr.Wrn.
Clialkley, of Tolworth-Court. Farm, at Dittos,
appeared at the examination, in consequence of an
advertisement, and deposed, that the Cows were
his property ; the Prisoner assumed the name of
Chalkley, in order to give facility to the sale of
the beasts, Mr. Chalkley being a respeEtable,far:
tiler at the above place. The Prisoner did not
offer to .make any,delence he was folly corn.
mitted for trial.

LAW REPORT.

COURT OrKING's BENCH, Fzs. I.

YANDYKE V. WHITMORE.
This was an Anion on two Policies of Insur-
ance, both dated the 17th of March, 1798, at
and from London io Rotterdam or Amsterdam,
• lite. One of these Policies was on one hundred
and thirty-seven boxes of Sugar, that were put
on board a Prussian ship, and which arrived safe
at the port of her destination, and therefore there
was no dispute as to her cargo'i The other Po-
licy was on a quantity of sugar, a large quantity
of coffee, and thirty casks of tobacco, which were
• • put on board *another Prussian ship, called
the Lydia, and which, in the course of her %Ty_
age, was captured by a French Privateer ; and
the question was, whether the Plaintiffs were,
under the circumstances of the present case,
entitled to recover ? The Jury found a Ver-
-did for the Plaintiffs, subject to the opinion of
the Court, on the following case—The Ship
-Lydia intending to sail for Calais,, the Plaintiffs
-obtained an Order of Council to ship on board
thirty casks of tobacco for that Port, in the month
of December, 1797. On the 23d of December,
an entry was made at the CustOm-House, an oath
taken, and a bond entered into, agreeably to the
.Aft of the present King, that the tobacco should
• ,be exported to the ports or places therein speci-
fied, and to no other. That after these goods
were put on board the ship, the Parties concern-
ed learning (though this was not stated in the
.ease),. that the tobacco could not be carried di-
eettlY from London to Calais without confisca_
lion, ordered the Ship to sail for the United Pro-
winces, and she was captured in the course of her
voyage,"
The case was argued (the second time) with
very great abilities, by Mr. G I nas for the
Ylaintiffs,and by Mr. Rous for the Defendants.
Mr. GIRDS observed, that there were three
.objeftions which •his .Learned Friend Mr. Kr It,
(who argued this case the first time with great in-
enuity, on the part of the Defendants, as Mx. I
IL ES did for the Plaintiffs), took to the Plain. of
tiffs recovering. Ist, That by the Common
:Law 'of this Land, the Plaintiffs being Subjetts
of this Country, could not trade with the Sub-
jeds of Holland, who were then at war with us.
'That was -admitted by the Counsel ; but he said,
that objection was no sooner stated than it was I
'answered from the fads of this case, namely,
• that this trading.had taken place under a License
'from the King, which, in -consequence of his
Sprerogative, he was- able to grant to any of his-
objetts. Another objection stated by his inge-
nious Friend, on the first argument was, that
;that License, whatever circa it might have had
• when granted, ceased to have any effed by the
18th Geo. 111. e. zB, which had passed some
days before these goods were shipped. In answer
~to that, the Counsel direded the attention of the
:Court to the sth Seflion of that Ad, to shew that
thecrovisions of it were not to extend. to any
s exported in consequence of a license from
the King. The next objection was, on -the
thirty casks of tobacco. .His Learned Friend
had contended, that after the Parties had con.
traded, agreeably to. the Aft of Parliament,
that this tobacco.should be exported to Calais—
after they had taken an oath, and-given a bond in
-double the sum, that it should be exported to that
place, and no where elseohe ship afterwards sailed
with it for the United Provinces. ' This was an
illegal voyage, and therefore no valid insurance
could be effected upon it ; and the ground on
which his Friend supported that argument, arose
' on' the:29th of -Geo, c. 68, sec. 4.0. In
. answer to that objection, the Counsel contended,
that the only dila of not sailing to Calais, as was
,certainly originally intended, was the forfeiture
of the bond. That was the .extreme aid of
'not going to that port, and it by no means ten-
.dered the voyage illegal, or the insurance invalid.
Not Withstanding, therefore, these °Nations, he
contended,. .1 st, the Plaintiffs were entitled to re. •
cover the value of .the whole cargo ; or, 2cily, if
the objedions had any weight, they could only
extend to the tobacco.
Mr. Rous said, his objections to the Plaintiffs
recovering .he hoped would appear to the Court
to ise very sufficient. It had been admitted. to
'him by his Learned Friend, that if, tht voyage was
illegal, the Plaintiff's could not recover. , The
priticiple on which that rested was'univergal, and
founded on the nature and charader.of Coats of
Justice, whose province it was to enforce the oh-
servance of 'the Laws, and not that which was in
lcontravention of it. His objection was this, that
by the, Common Law and several Statutes, trad-
ing with • an' Enemy was illegal, subject to the
power of the Crown to license that trade. He
said the party must bring himself within that li.
cense, and he contended, that in this case the party
had not observed the terms and conditions of that
license, and therefore could derive no benefit from
-it.: He was authorized by a clause in the 34th Geo.
111. c. 79, sec.. 30, to saY that the Plaintiffs must
• not only observe the terms and conditions under
• ,which that • license' was granted ; but if any
proceeding, civil or criminal, were instituted
• in a Court of Justice, it was incumbent upon them
to prove that compliance. He cortended, they
had done neither the one or the other, and there-
fore could derive no benefit from the license, and
of course the voyage must be illegal. The Learn-
ed Counsel illustrated and enforced this argument
with great abilities.
After an able reply from Mr.-G1 has', the
Loan CH lEY Jusil c t observed, among
• .other thins, that he could not say, less of
the Counsel on both --sides,. than that they had
done great justice to their Clients':-'" The argu-
. ment seemed now to be delivered from all time
points except this. Every body now seemed to
acquiesce in the proposition that trading with 'an
enemy was illegal, and the question therefore
-was very properly narrowed. It was admitted
also, and it had been most ably argued by Sir