The Sun.
London, England, 1806-07-29 00:00:00

LC) PARTZi .GENERAL

ha!:-., been states in a Work entitled The -Se-
eret H story qt the Court and Cabinet of 84-Cloud,"
.that the French General ATJAEREAU:, when' in the
capacity of a Private Soldier, had ,bc..!en
repeatedly flogged fof -deSertiori. This statement
induced-ATJoEREALT to addreSs,aflettei to thplAtithor
of fhat Work, in which lie denies the Charges, and
demands satisfadion.. The following is the Author'S,
answer

"-A Letter has been' received by, me, sio-ned 'Au-.
dEREALT, Field -Marshal of the-French EMpire,,
Coinmpnder in Chief -of:a DiviSion of the Grand
Army of the .Emperor- of the_ French,- in Gerinany,
Grand Officer and .Grand Cordon of the Legion of
Honour,' gza.,&c..24 have heard withsorrow of
the lamentable- existence of a ReVolutionary trench,
Empire, .as well as of:a still more -.deplorable exist-
ence of a Revolutionary Emperor of France.; but,
as hitherto, thank God! my Country has not de,
graded herself by acknowledging either.-=-Aebeis de, -
riving rank and power from such an impure ,source,
instead of. intimidating me .with the enumerationot
their impertinent titles, inspire me with.. do ;other
sentiments but those of pity or contempt;. answer,*
therefore, thus publicly, the secret • t rea ts Of your;
letter. This is the only becoming manner:in Which
a dutiful subje& can correspond with traitors, Wikh,
out,' in some Measure, Metering the infaMy of pars
ticipation.
You. accuse me of having 'calumniated .you
Mr publication, called The Secret History of the
Court and 'Cabinet of St-Cloud,' in statirig, that
you have been flogged several times for desertion.
Little -trouble" would :procure, me, from Austria,
Prussia, or' ,Naples, -extra6ts of the, minutes of the
Court-Martial which justly 'condemned-yOn to such
an ignorninious punishment; but most of the par-'.
ticulars of- that glorious-pet-10(1..0f your-first military
career have already appeared in 'works printed in
France, ' Italy, and Germany. Among these, `Le
Recueil-'-d'Anecdotes; Le. VdyageUr Suisse,' and
Les HeroeS'du Pix' Huit Fr4:tiddr,', are very ex-
plicitfOn this tender 3ubjeet. Being extra&ed from
these, my assertion stands pertealy justified, as,their
authenticity has never been refuted.
" I might remain- satisfied with -referring you to
those authorities ; I will;however,:appeal';'to more
striking evidence=to 047-. awn &tar: Strip at the
head of your Revolutionary -.ArMy,- or if your mo;--
desty declines such.a ddicfate:e*posurei.undretts only'
in the 'presence of your
,11.evoluttdhary.Statf,' and it
Will'iop.n 'be decided whether- r am .a calurimiator or
you a criminal.:
" As yon.pass :over in gilence ti7y reproaches (as
you-call them) -of -robberies, rapes, murders, 'and
other- enorniities,it is unnecessary for me to prove
what you do not think proper:or. prudent to deny,
Your 'challenge, yon must be "aware, I cannot ac-
cept of in: Europe. The laws of this Country forbid
duelling ;and where, upon the European .Continent,
can Ibe secure against your tvort,hy master's, bravoes,
Spies; gaolers; and tOrrnent•ors'?—Bilt though I. ain
well acquainted With-the true charaCter of Revolu-
tionary Generals, and that most of them prefer secret,
stabbing' to fair and open fighting, rwill condescend'.
and run" the risk of meeting you in any place you
fix upon in the American' Revubli.c.
Whether I shall have- the gratification of chaS-
tising a vile Prench••slaVe of the vile CorSican UsUrper,
or perish in,the.attempt, 'am well convinced that
a virtuous posterity will, with myself, consider you
and your accomplices; though. ever so prosperous*
elevated, in the same light, anti' affix yoor and their
accur'ed memory on the historical' gibbet oflortuz
nate,,but detested culprits; - , • '

•
" Lyndon, July 1806."-. •
THE AUTHOR of The. Secret History
of the Court and Cabinet of St. Cloud.".

INTERESTING NARRATIVE-.

[We have been favoured with the followilng interesting
Narrative communicated by a respeBablo House at Arch-
angel to their Correspondent in London :—] ,
AII,CIJANGEL, JUNE 8, 1806.-Information wasre-
ceived here some, time. ago, that a Ship, which;'
from= the description, we suppose to be the Argo,.
Captain KIDSON, had been - seen' by. some Lap-
landers on the rocks in the White Sea, covered
with ice ; and that, attraaecl. by a sight so. un
usual at that season, they approached the Vessel,
and with difficulty got into the-cabin, but
_'found
no soul oil board. • The .cargo consisted of wheat in
bags. These natives, on their arrival at Kola, Male
a report of what they had seen, and proper pergoni
Were sent from thence to learn :some further parti
culars. We have now received a letter from a per..-
soriThvritten on the spot) 'giving a detailed account
of this melancholy affair. • .
The Vessel,. which, from; part•of a journal found
one board, prere.g, to be the Argo, Thom KIDSON,
late Master, •on shore near a place 'call'ed
the Three Islands ; the keel and sternpost are gone;
land the: wheat is going out through the bottotp;
being: entirely spoiled and.good for nothing, and the
.wreck ;only in a statrj to be burnt for what iron may
be•saVed from it.

. .
• Smile; of the inhabitants frotitthe nearest Settle--
ment being employed in gettin„6-anChor§-, ropes, and •
7A4 other stores they could find on shore, observed
at a little distance ' a pole standing in the snow,
which they reinoved, and the following day a dog
datue out of the bole, whiChi on seeing strangers,
immediately 'returned: Curiosity induced diem to
clear away -the snow, ands at, the ilepth, of two
,fathoms and a halfr they -discovered
.the dog, and
the 'remains of four human bo.dics.,- The animal
had eaten most •of the flesh of three.- of them
for its Subsistence during -the. • winter ;,•one was
etiti re.
• •
it appears that the unfortunate Crew having
quitted the Ship, and -got safe on land,.'were unable
to find any habitation, and thus ;perished frorti, the
air emene) of the season. , • • - •
•• •

LINOIS (who commanded in India these:
three 'year's past, and was _taken PriSoner with his
Ship the Marengo) has boen permitted by the Trans-.
pert Board to visit Bath for the benefit .of his' health.
He arrived there on Monday se'tinight, and has'used
the forced pump (City Bath) by order of the Surgeops
who attended him sitia a Prisoner, and has received
much. benefit from it. The Adtnirk has frequented
Sydney-Garden, for some days past, unknown", in a
wheel-chiir, attended by a black setvant.

PORTING ECTELLiaEATCE.

!WINCHESTER.—SATuRnAi%, TULY '26

•, Our Races ccirpmerited'oll' Td:!.klai, when Lord Sackvill
-ch. It. Prospero walkedovcr.the.cour§e lortfig King's
Of too es,
Qn Wecineselay
which was vets by,
.
Sir H. Lippitveoit's g.l-1. Slate ' /- • - r
111r;,1)011°1:1S'S - - 2 4
Mr. Tare's•ch. h. LiSrriabaso . - - - 3• 3
lion. Mi. Sran S.- iV6kie'ch....h..Chirles Tea-16 - 4
Then? w erelhree lie.r.%.„es-; on the same day, for the :Noult-
trien-and."G entlemen's of Sol. and they came in as un-
der:
Mr: Bigg's Bissdrao
Sir H. •Lippincort's Prisoner _
Dnrubis'.s b. h. capias. - - • 3
()a-Thursday, for th.-Ladies' Plate of sol. there were tltrca
heAts between'two horses, viz.
,Mr. Si h. Guido
Mr. Sutton's b. h: Doubtful

four horses tfarraci Tor:Ai..City Plate of

I' ,I

Z

. . f
he:same. day, the. Hunters' Plate of sol. was won by ivi I-.
CO's bi..' k.- beating Mr. Wickhain's b. g.' Wons_in, whi.:n
was drawn after•the first heat.

There vs,:as' not so mirch corn panl,on the DoWn'as eNtpeaecl;
the weather tieing ..unt'corottrable..; but ..the. sport, upon rhe
Whole, vast verb irdocl ant the Stevirards'llall was honoured
.with most of the fuoities of distinclion hn the city and
bourhoo4:. ti

.The.alfiktitiOns and improvements in the gyildings
.
conneled with the Palrliament Houses are proceed-
ing. • A considerable part of Palace7yard, t`O‘.viirc.i!,..
Abingdon;-street; is -incloed to make roomfor:the
NitOrktnen,; and neW buildings arc carrying- up ad-
joining the north end of the King's-Bench. Record
Offices, Which are to unaergo great. alterations.
The houses on:the opposite Side will betaken. ddwn,
and the space thrown ()pew; but the plan is so. con'•
siderable, that some J%t.ars be necessary to itS
completion, The SPEAKER'S house, and the eaF*.
end .of the House of Commons; will be the first
finished,

On the night of the gth inst. Robert Twyford,
Watchman, of Birmiagman, observed several. fel-
lows of a suspicious appearance, ,and whom he sus,
peed were about to break • open a house ; he ae-
cordifigly ordered them off his beat, but they pa=d
no attention to.him, and que of them pulled a piste;
out of: his•,cOat pocket and shot him,- The bdiren-
tered near his left shoulder;. and he. fell. •Medii...al
assistaOce• was procured, who -eAtraeled the ball,—
and .he stillliveS. The Magistrates of Birmingharri
offerectazeiward of tool. for the apprehensionof the.
villains, .and persons were dispatched to Wolver=
lampton,. and other large.towns, where it was sets=
pe4ed they-might have lied. The,beginuing of last
week the. Gaoler of Birmingham received priVare
information that the perpetrator of. ,the, horrid'-a&
:vas in .I,Ondoli .; he accordingly catne,to,tOWn; and.
With the '-assiStinCepf‘ the Bo• .st reel-Officers
hiin ,on 'SatOrdaw.to•bis lodginge at a
.butcher's, in .
Sorper's Town, He' v. ri-(4 ai.hom6 wThen the'r
called, t bitt the 'landlord Qf the hoUse-prdmised to
,detain him, and send.-f,r thgro. when he Mile in; •
which did not take place till Sunday evening, -
the landlord;Lcording to preinise,..Sent for-the Oil:-
who-went and 'secured him. -• preyed to 1-:c
Ybilip Maisell, a well-knoWn bad ~cliaraele.r. f-143
was capitally conviaed, some time since: at.tlie7.ol4 ,
Bailey?' but was pardoned 'on .eondition, of being
transported to Botany Bay,- from which 'pike- he.
contrived to escape, and got on lSoard the Fleet 'l.lll-:
der the command of.the • late Admiral MITCHELL:
Early yesterday morning the (..;oler and Adkins set
off with hlin for Birmingham.: •

On ThOrsday, last, the .%3.611i Of a labouring- man in
' Hampstead stepped out for some trifling article,
laving a fine child, abont three months old,
1.,
n
-cradle. On her return (not beingabSent tip tha
three-minutes)- she.fonn d aden-et-, whicleterhusbaiii
kept, iy Ott cradle, 'fastened to the child's throat; .
glutting hiri.-4-elf with its bloo4. In herfrenzv., she
seized th&l`-feueret by, the middle, and, with force,.
dragged, him froll his-hold; and dashed hit-fru-against
:thellbor then she took up her bleeding babe in her
arms,: when the ferret made, at her Co seize the child
again. Fier her'own' preservation she was forcAl to
run out; being followed by the ferret. Her crearils
brought some of her neighbours td her assistance;,
who killed the ferret. The child died in:a Very fevi!=,
minutes after, having bled: to death ! -
_-
An Inquisition was .on FridaLnigl.4taken :at. the
Yestry-Hall of St. Jo'hn's, in the
.Borough, an.t14,1
body.of.a of the name of in Ayres'. It
ameared that the deceased.was .empl;uyed iu caulk--,
ing the -'side of -the .Brig Neptuae,jying.off. Mr.
Preston' S Ways, Shad Thames;, and I),y ~syme
dent_fell info the water, ; a man bf of Bear,
.Who .was working at some little distance froin .the
&Ceased, hearing something plunge. in the Water,
-and mis4nr. the deceased, jumped. on the stage ore
.Niquich:tl!e-'deceased had been ,working, and held out
a birOO' which the deceased, ou rising, laid hotel
.61-,.btit, most' unfortunately for him, the end of it
came off, and the poor lad sunk, and rose DO moi-e.
He was found about three hours after, and .taken to
the above-mentioned Yestry.:•tiall: Verdia—Ami-
dentally drowned., • • •
A CHILD BURNT TO DEATH !--<<-Thefrequeticy
accidentsof this nature should be a caution td mo-
hers against leaving young children alone in aroom
, in Which there is-afire. On Wednesday grist a fine
girl, between three and fou.r, years ofage,. daughter
to an APothecary. in Dorset-street, Baker-street, be-
' ing left' alone in* the pailonr, with a `saucepan of
milk on the fire ; whilst her-mother went, dd..vn
iktairs, the milk happening to boil over, the: child
*nt to take it off, <when her frock caught the blaze,
and,. in a few minutes, she was enveloped in flames.
Her shrieks brought her mother-and the domestics
to her relief; but, alas ! too late ; for all her clothes
were completely destroyed, and herself dreadfully
Every possible remedy Was administered, ,
but she illitted in ..the greatest, agony in less thall
two bouts aster. -•
On Siunday evening upwards of two • hund-e-.1
men, women, and.children, in the, neighlxiurb
of ho'ietnary,lane,chiefl Irish Catholics). went in 4
bOdy to Dock-street, formerly Saltpetre-bank, to in-
terrupt- tkaocachnig of a Methodist of the name of
IttAs-, known by the name of the One-ey'd CfPler.
The crowd increasing,,Britile, as Constable, sent for
assistance, to repel thdin6b, who threatened vett.
. ge<tnce on the head Of the preacher, for crying.sliktm,
the Catholic Reliebn in a vehement diseouese., -The _
preacher,and the leader of the , mob were;yestekdaT
taken 61Whitechapel Office for this indecent hreadh
cf the leaefe. The former %Mg reprimanded- ter
making inflammatory speeches, and told If he con-
tinned to ilo so he should be sent to the house of
corteaion as a-rostie and vagabond.; '

LAW REP OR'.

COTAT (W CHANC£RY,-TOLY26.

MASON V. -ARMITAGE.
_ This was a bill to enforce the completion of of
contras under the following circumstances. An es--
tate belonging to the Defendant; in the _county off
Norfolk, Was put
.uptb. auction
,in .the'City
;. the Plaintiff was. among -.the bidders, and,
when, he offered s2bol. the hammer wentdoWn, arid
WaSaboutto lie entered as: the highest
.tier; when the Defendant interposed, ••gtopped the
hand cif 'the attaibileer,•and the riame'wit'S not enter-
ed,-but the sale- was -discontinued. Thel)eiendzint
said it had been knocked down by Mistake.; he had
dirOled•Mr. Rising'can appiopri4e natheielr'aper,
son in this charaaer) 'to raise the prise high as
90001. bat by mistake he had negleaed-to-ptiff it
with suffibient spirit. The qtlestiOn tats, Whether
this was Such a
,sale as would be enforcecf_in a teurt
of Equity, ,or whether, under the Statute of Car.
2, commonly called the Statute of Frauds, it was
invalid ?'
Mess. PERCIVAL and Coo x, On the part of
.the
contended„that the moment
.the hamtner
went-down the Plaintif. becaMe the. buyer, .and the
cases of Simen and Montevois,
..INlortlock -and
Fuller, and Whitchurch and Bevis, were considered,
and the opinions of Lord Mansfield, •Mr. Justice
Son, and Mr, Justicerates,.and in addition to these
a singular cage in LatO's Reports, page s, -on tIW
general principles applicable to the constru6tion of
.our .Statue laws. , . • •
The. Sot.icrrott Gr.-..:E.a.kr. and. Mess. Fol,tai•AN,
• RUE, iIALL, and CULLS::, resisted the sale On.three
•grounds : .Ist. that it Was;.-2d,.that it.
.was,within the Statute 2g cat. 2. ,and sd, that
there was_ no memorandum in writing
,t 0 -bind the
Comma. The two last prOpositions were nearly conr
netted sith each other.: They. 'also cOmmented.on.
the:various c..ises that . bad been adduced, ,not ottly
inAsting that the • Plairitittad no legal claith, but
also., that he had no equitable demand,.which the
Court, according to its acknOwledged-praaice, would
support.
The Loan CUANCE,L.LO.R.." Thevkew. I „take of
the case does not render it necessary to include iu the
consideration,of the:construEtion of,the-Statute of
Frauds ; and-1.1110. the more: :pleased- at tins ciretim-
stance; because therels a'ciitte'tinder appeal.that.
• irmalve the important doarine which, belongs to that,
subject .: but this I :nUSt satin, ,becaSe 7 Oni.boiind by
ii'iy- duty to-my contitr- ,to declare. tiny sentiments,
that I shall_ ptaver beof opinibn,•in the'abitrata, that
sales by
.auaton *re not within the Stanife.." (His
J.,ordship then commented on the ease ofSithen.and
Montevois, paying the highest compliments to the
Judges who decided, in that case.. He then proceeded)
Certainly sales
.by-auaiou were much leSs
mots in the time of. Charles than they are in our
days, when the country-has become so flourishing
in commerce, that the complicated interests of-man
have introdUced new modes • of transfer, so that'the
Statute of Frauds,-complied With in The.letter, Would
expose us to many
_difficulties. But if there-he new
modifications of society, the:Parliament is-daily sit-
ting, and legislati'Ve regulation's may be'recommend,
ed, suited to the new relations of property. .Asking
pie•tyhat is my opinion
.ofauCtions-in general, is like
asking'nfe What I think of things in. general ; 'it is
so wide atierconipielietiSive an' inquiry, Would be
Unreasonable. to expect a complete and Satisfaaory,
answer. Some liberty has been taken in the expla,
nation of the principles. by which. Statutes shbuld ue
constrned„.yet the rule is preeise lind dear :;the eimEt-
ing words are What :yen ought, to lOof: to ; bni if
doubts occur in the hiterpretatiOn of these, the. pre-
amble, Wliich'ekplains-the'intention of the Legisla-
ture; Will frLsqii&itlY supply you with.ligboo,reMoye
the ObSciaritf. It is trite that some latitnde has'been
taken in restraining: or enlarging the Meaning of the
enacting words and, perhaps; no Act has been
trezited'with More freedoin in this. respect than, the
titute'rif Limitat This lezislaqveregulaticn is
inpifetly controuled by the dectsionS'of the Judges
tf/*)ii it, 'and -when you-0 Out of the Statute, you,
Cannot tell 'whither you may. winder. JUdges halve
always lareted this deviation, "and When 'they cfnote
former atithilritieSin justification Of it, yon find they
quote from Judges who also'lainented, and no
,One,
one-
know when this himentation,..Corinened.; hitt We
are apprised 'that it is a seriOds inatteForlathenta,
Chit that any violation shovild 'be adMifted of the
Aiiritt&l'laxV of the hind. What is the doctrine
A didn't-alit says, Yon-know you Hie .not paid me.'
`-No, nor have I Caned yon, but you follow
file.' This language has been held to be aproMise,
inhOiigh it is in 'fact a deteriniEation riciefo.prOthise,
and this is supposed. to satisfy the Statute of Limita-
tions. If such 'licence' be admitted who is'tb kuoc
Whit the lath 6f Engidud is to become 'Of in another
age In a short time the Statutes, and Preeedents
'inconsistent with' theM; will become voluniirfous
that the utmost industry of human being will' Wein,
ttfectual ; the brighteA talents will send forth.. their
rays through the vast WilderneSs in vain; arid the
-great objeCts of public institution will beutterly
appointed.'!After sonic farther general observations,
which his Lordship referred to the partkillar case
before the Court, he added, It is obVions -that iiti
this sale some mistake -.was cothinitted anti The
question is, whether the Cellit interfere to give-
the Plaintiff the .adVantage of such ghat ike ? In the
cue of Underwood and Hitchcock, and it..hsynesahcl
_Statham,- the doctrine is dear, that the Court will
-not give.etlect to such a mistaketand;tho.same is
laid down distinctly by the-Lord Chancelkir'PAtutta.
If the 'Plaintiff thinks he has a case the Statute
of Frauds will not meet me in, he is unit injuied .
illy decision.; the law is open to him, and all I.say is, .1
in a case of this kind a Court of Equity will nd.r.giVe
mint any aSsistance.-
.dismissed without costs.

The late rains • have yery much improved 'the" ap-
:piarance Of the Wheat ; and though it is laid in
-plates; •if the ensuing motith :proves favourable,
!there:is .&oDy reason to expel an 'abundant hatveg.
The bOpi neVer 'edited better, or •promised'a more
abundant piekin•g;-- lightnitig, we 'Understand,
has c-ati,A'grvat Aestroafon among-the-:swarms of
pernicious insects, that had been generated in the
fields and gardens in all parts Of the contitr:y..