The Sun.
London, England, 1801-12-31 00:00:00

IREL ~tlt~

I'6 LituTi GENERAL, SIR JA. ES DtPF, iNIdIIT,
COMMANDING THE DISTRIC" OF LIMERICK. •
", SIRj
.1' THE OfAcers of the Loyal Es:ln Regiment of
Fencible Infantry have requested me to express
With hOw much regret they heard of your Intended
removal from this Distrift, where you commanded
with so much advantage to HiS Majtsty's Seryice,
and the prdservation of the Peace of his Loyal
Subjeas, during a very alarming: d interesting
juncture.,
" The Loyal Essex, for near these t o years, have
been placed under your command, aperiod of Line
Which they will long- remember with heart-felt sa-
-1
tisfaaion, as the General Officer , s so happily
blended with the Lover of his Country, and the
Friend to the Military. j. .
" Allow me, in their name; tji beg you will
accept of our best wishes for your health and happi-
ness. i
" Ihave the Honour to'be, with great esteem,
most SIR)
. ,
" Your obedient humble Servant,
" R. T. NELSON,
" Lin.t. Col. Loyal E;sex Reg. F. I.
" Nenagh, Dec. 03, 'Sot."

"'SIR,

" Limerick, Dec. 20, 1801.

" I am to acknowledge the receipt of your very
polite Letter of the 18th inst, and to request you
will assure the Officers of the Loyal Essex Fencibles,
that I feel very proud of having the-approbation of
my Brother Officers:
" The regular good conduft of the Regiment
(who , have been detached in a very disturbed part
of the Country), does them the highest credit.
" tbeg, 'of your Sir, to make these my scnti_
meats known to the Officers and Soldiers.
" I have thellonour to be,
" SIR,
" Your most obedient humble Servant,
" JAMES DUFF.

" To Lieutenant Colonel I%lson, commanding'
" Lual Essex Reg. Fencible Infantry."

Mrs. CHAPONE, to , whom the literary world is
indebted for many valuable workson Education, as
well as many elegant pieces 9f Poetry, died, on
Friday last; at Hadley, Middlesex,' in the seventy_
fifth year alter age. This Lady's pen was always
di retied to moral purposesy and VIRTUE, far from
shewing repulsive austerity in her representations}
was distinguished by endearing graces. She ‘yas.
one of the oldest friends of Mrs. CARTER, the.
amiable and learned translator of EPICTETUS, and
addressed a Poem to the Author of that translation,
which is'eharaderized by a noble zeal of friendship,
strength of imagination, and pious sublimity. Mrs.
CHAPONE deserves a high rank on the rolls of
British Literature.
•

The original purchase of Cumberland House, with
the sums expended on its decoration, &c. amounted
to no less than 69,0001. It was therefore properly
seletied for the establishment of a fashionable C/46,
destined to commemorate the great event of Na_
tional Union, and the iornaments lately added are of
themselves highly creditable to the national taste.
'This is a matter of the more importance, as Foreign.
ers of distinaion, who are to be admitted into that
Club, will imbibe ideas very different from their
received notions of the splendour, the elegance, and
the hospitality of this cou►utry.

Do LOMI EU has left behind him a most interest-
ing work, nearly completed, on the Philosophy of
Mineralogy, It was writren during his confine-
ment. The black created by the smoke of his lamp,
diluted with water, served him for ink ; his pen
Was small bone, which, with infinite labour, he
ground on the flag-stones of his. cell ; and the greater
part of the work was transcribed on the margin,
and between. the.lines of the few books they allow_
ed him to keep. Some extracts from this work have
appeared in the Miners' Journal. It is to be re-
gretted that the author did not live to finish it, as
he intended to introduce a new classification into
the science, and to improve the ancient nomencla..
ture.

VEGETABLE Pox.--,-An Italian Physician of the
name of SECARIO, struck with the success of the
Vaccine Inoculation, and anxious to contribute to
its reputation, has published a Memoir, which he
considers as adding to the everlasting fame of this
discovery. Persuaded that the 'vaccine ;virus did
not exist in animals alone, he has sought it in the
vegetable world ; and in order to ascertain this, he
tried his experiments, in the first place, on the beet
root; which, from its sanguineous colour, he consi-
dered as having the greatest analogy with animal
life. He inoculated this plant with the small-pox,
which, at the end of nine days, appeared in a ,very
good sort, being a white pustule with a purple ring
round it. Dr. SEC ARIO pretends, that with the
matter from this pustule he beetroliz:d whole fami-
lies, who have found the most beneficial effeas
from it ; and that henceforth the preference will be
universally given to this species of innoculation.
The Heart of Oak, Cray, from Jamaica to Hali-
fax, is put back to Jamaica leaky.

At the Public Office, Hatton-Garden, yesterday,
Fielding, who had formerly been a publican, was
examined a second time, being charged with going
to different public-houses in company with a wo-
man, where they regakd themselves with things of
the best. He might have gone on the whole winter
in this way, had he not bilked Mr. Smally, of the
Blue Boar, Great Rtusell-street, Bloomsbury,who had
advertised him, with a description of his person, by
which description, using the same art of bilking
at the house of Mrs. Price, the Bunch of Grapes,
in Albemarle-street, Clerkenwell, he was appre-
hended. He always contrived to get his female
companion out of the way first, and afterwards to
make his own escape, leaving the reckoning un-
paid. Six Publicans appeared against'him for the
like offences. A friend of his came forward to
indemnify the sufferers, but not having sufficient mo-
ney about him, the Prisoner was remanded to Pri-
son till Monday.

SEBAS7; 4OURDO:,

Voit the following account of this celebrate'd !`.r.
List we are indebted to that treasury of Piaorial.
knoWledge, 'judgment; and history, with which
DESENFANS has recently obliged /he Public.

Bova DON had gone to Rome while very young,'
and continued his studies there when his reputation
had flown through Europe. At his return'tO France
"he would have been loaded with commissions, had
he possessed the art, too frequently necessary to
Painters, of courting patronage ; he was, besides,
suspeaed of being a Notestant. •
Soon after his return to 'France, Fie retired to
Montpelier, his natal place, where his po‘4rty was
so excessive, that . he was unable to shew himself
for want of necessary cloathing, till a -Taylor, who
had long known and esteemed Bourdon, sent him a
complete suit, with a cloak and cap.

Bourdon, who was naturally fond of employnient,
having- at that time nothing else to do, was just
finishing his own portrait, when the parcel was
brought ; he requested the .bearer to wait, and or-
namenting the figure with.the cap and cloak, he sent
pilure to the Taylor, who shortly after fur-
nished him with money to enable him to go to
Sweden, where he hoped to meet with a better for-
,
tune.

However, his employment there was. so trifling,
that he was reduced to sleep and paint in a garret,
till Queen christina, who was airibitious of passing
for a philosopher, and patronesS of the fine arts, of
which she understood very little, heard of
had him brought to 6art, and took him into her
Service; but misfortune, that had ever ptirsued the
Artist, did not permit him to continue long in it.

The Queen used to pass her leisure hours in
drawing and painting, and it is needless
_to say
that she was impressed with the highest opinion of
her own taleos, :by those. who were• about her.
Christina. shewed her works to Bdurdon, who.had the
imprudent eatidour fo speak his real sentiments of
them ; and it vas in yain they informed him of the
'high encomiums which the Nobility and Court
Ladies had passed upon them; his opinion remained
- direaly oppoiite to theirs,- •
if Kings are impatient of contradVtion, it may
easily be conceived that Otristina, a Queen, was
so ; :4and the, personal mortification she suffered
on that occasion,. .was too great to _suffer her. to be
attached any longer to Bourdon ;, sjie, however,
'continued to employ him, and now,* then sat to
him for her portrait; but exclusively of the,hurni-
Hating remarks he. used to make, whenever the
Queen was shewipg him any of her piaures, a cit.-
cumstaiice occurred which at last madesher dismiss
him from het -service.

The pi6tures which her father, Gustavus the
Second, had,'seized in the city of Prague, after
taking it, had never been unpacked, and Christina,
who pretended to a perfed knowledge of the art,
one day ordered them to be .so in her presence,
while attended by her Ladies of Honour ; and after
examining them, pronounced the pictures to be good
for nothing, and to "confirm her opinion she sent for
Bourdon, 'with. whose difficult and severe taste she
was so well acquainted ; hilt:, ttinrh to her., disap_
poinrmont, the-Painter found them beautiful, and
told her so : If that is the care; said the Queen
picqued, -they ate your's,' for T give them to you.

Bourdon
„immediately represented to Her Ma-
jesty, the injury she was doing herself in parting
with them, and assured her they
,were such chef
d'eru,,,res of Art, as could hardly be matched.
Among them_ were those piftures by Corregio
Which the Regent of France afterwards purchased,.
and have been brought here, about four year, ago,
in the Orlearis'colledion.,

Christina kept them, and although it was• im,
possible,for her not to admire the disinterestedness
of the Artist; her vanity was so wounded at his
having convicted her oflgnorance before all the 'La- _
dies of the Court, that it got the better of every
other consideration; and. Bourdon soon after, 'under
some other pretence, was- dismisSed the Court, and
returned to his garret.

His disgrace, however, _was-not of .a very long
continuance; for althouli the. Queen wanted the
knowledge of pietures, she did not want good sense,
and perhaps admired in secret-the Artist's honest,
frankness. He was -recalled, and employed as be-
fore ; and as Christina was .more eager to obtain
for her works Bourdon's approbation, than' all the
praises of her Court, some days after his return,
she shewed him what she had been doing in his ab-
sence, when the Artist, correCling in some measure
his former liberties, did not disapprove ; but on be-
ing pressed for .his opinion, he ,turned -to one of
the pages, and said, " take back my easel and pa-
lette to my garret !"
It were much to be wished, for the sake of
Princes, and other great men, that the Artists and
Connoisseurs whom they consult, followed the ex-
ample- of Bourdon. There are, doubtless, some as
honourable and sincere ; but. many more of theta
false ; who, in expelation of insinuating them-
selves into favour by their flatteries, • extol the mi-
serable works which a proprietor submits to their
opinion, and descry those of the first merit, which
he does not possess.
To what dangers do not such people expose a Col-
leaor,. who not Able to rely on his own judgment,
relies on their, assurances ? He casts his eyes
about his' rooms, and sees himself surrounded with
wealth, in the finest produCtions of art, and calcu-
lates his resources accordingly ; but should he be
under the netessity of realizing, it is then he finds
how cruelly he has been deceived.;

Friday a man was brought to town from Birming-
ham, and conimitted to Newgate, by virtue of -an
information : in his house were found copper-plates
for engraving Notes of the Bank of England.
Late last Saturday night the Star public-house, in
Cliipstead, near Croydon, Surrey, was entered by
five men, who tied Mr. Bailey, the landlord, his
wife, arid daughter, in their beds ; they then in the
most deliberate manner, packed op and carried off
every thing that was valuable ; even the cold vie.
tuals they did not leave.

4' kgP R.. fi

COUI:TOF,KING's

EITtII,IOS BEFORE. 1,01111, kENYON A,41) A
JURY, IN GUILDHALL, LONOON.

BEA TSON c;J. SCHANKAND 0 ','l-IERS:

(Cgchedeil ji67a Yesterday.)
On the cross-examination Of. Geo: Christi:
said, he did not know what day the ship wab
ported ready to sail:
Mr. "ER,KI NE said, that the ship was ready,
doubt, but they could not sail for want of ;ailors.

Mr. VAI.T, one of the Jury, asked the Witne
if he ever heard the Captain say, that the ship sv,,
ready for sea ? To which he anstvetedi " I !'av
heard him say that he was not able to sail:"

Lord KErivorr.—" The conversation seems on.
to be that the Captain wished tolget under weigh.'
The ATTORNCY: GENtg AL sai(j, that. this \t
only an endeavour to explain the terms of the A..
mission, on which there ought to have been no ry3.
tion ; 'for sl4 was reported to be ready to rece,
troops on the first of Novetnber, and' to sail on the
third.

Lord•RENYort.—" There is nothing technical in
this ; the question is, whether be was in circum,
stances' to take troops on board and to sail? Is
seems to me, upon this evidence,•impossible,redlly,
'to doubt upon that subjea."
,
Mr. ATTORNEY GENERAL--'- 1‘ They are uounta
,by'the.Charter-party to have her so." •
Lord KENYON.—`-- " Why, yes, Mr. Attorney,
they are 'bound 'to do every :thing. which human
prudence'
.can' effe6l, but no more;. They are,
under certain' cireumstances, to be•mukled by the
Commissioners; that is, they are to be rnulEled on
-lOss of time, breath of orders, or inability of the
ship to execute or proceeds on, the service, being
'made bppepr and so forth_; but all this means that
they'shall do only what human prudence can effeet.
It,Would be a harsh construction upon the Char-it:l-
- declare it,otherwise.'

Mr.-ATTORNEY GENERAL.;--" They are bound
to be ready at all vents—they take their premium
aceordingly.'?-. • -
Lord KENyoN7"-Here appears to be ?to want
of exertion on the part of the CaPiain----what Coulek
he dO ? 'Suppose he was cast on an uninhabited
island ?"

Mr. ATTORNEY GENERAL.-7-" This subjea has
not been lightly, considered ;. and the Commissioner:;
'feel themselves called upon to take it up in the mos.,:
serious manner. As this is a question of MI.-
struftion upon ,the Chatter-party; it may, perhaps,
be Prbper, after the_ fads are all ascertained, to turn
the Case into a special Verdiff."
Lord KiNYON.---:" CCll4lly. I _Would have these
Officers be extremely jealous of iMpositiOn in these
cases : they are the guardians of a great branch of
public expenditure, and therefore, they should be
well satisfied that no unjust claims are made upon
thett ; but still, I think they cannot expel more
than the exertions which, upon the evidence, kip.
peer to be made. in this case."

The ATTORNEY-GENERAL-H My Lord, -we
have a Letter from His Royal Highness the Dike of
Kent,_ by-which it appears, 'that these parties did
not 'do what they ought to do, and in which His
Royal Highness expresses his diSapprobation of their
delay in sailing to Halifax ; and, with due defer-
ence to your Lordship, the construaion of the clause
we have heard repeated•is, that the Captain takes
upon himself, by exertion, to provide the Sliip with
every think that is' necessary for the voyage—and
that if the. Ship should, after all, be unable to pro-
ceed, the Commissioners .have a power to muld.—
I t is admitted, that the quantum is entirely at their
discretion. It may be taken for granted, that such
discretion will always be guided by the circumstances
of the case, • and never go:beyond the measure of
Justice. There shOuld not go forth any bad -
pressions upon this subject:. We gave them
for this time, and it was at the instance f. f Jake_
of Kent vVe made our inquiry. We
ter of his Royal Highness, by which he disapproves
of the delay at Quebec. It is, extremely important
that the Public:Service should not -be. interrupted
by any, of these pretences for delay :: -all Me branche.s
of our. Public Force,: have derived- their excellence
from a prompt and 'vigorous execution of orders."

Mr. ERSKINE said=" He had the 'utrndit
for the opinion•of the DUKE of KENT, as well a's

other honourable Officers, but this, like othesreau.set
in Court& of Justice, Mint. be decided, not 1
opinions of individual§ out of Court, however il-
lustrious, but by the Rules of Law."
Lord KENYON asked the ATTORNEY GENERAL,
whether, if there was to be a special Im-did, he
would be content to have these facts found in it.
That the Crew of the Ship were reduced by the
visitation of GOd ?
Mr. ATTORNEY GENERAL—". Two of them
only by the visitation of God."

Lord KENYON---" Ido not know that. If the
men who deserted the. Ship were alarmed 'ate the
distemper in the .Ship, and ran away from fear of
that distemper, I think that the Crew was reduced
by the visitation of God. Then the next fad will
be, that the Captain used all possible exertion to
reinstate the Crew."
The ATTORNEY GENERAL did not think the
Evidence had yet established this last faa, in con-
sequence of which two other Witnesses. Were ex-
amined, and they proved that the Captain exerted
himself as much as possible, to prepare for sailin:7,
that no British Sailors were to be had at Quebec,
at this time ; that he got some Canadians, who,
with a sufficient number of English Sailors would
have done very well, but there were none of tl-.1
to be had. That his Crew was insufficient to
undertake the voyage, from Quebec to Halifax;
that tiv;y might possibly arrive at Halifax ; but it
they met with any contrary wind, they must in-
evitably have been lost. That nevertheless the
Captain did. attempt to get under weigh, hut it wit.,
impoSsible. This was on the isth of November.
On the t 7th there came on a tremendous gale o(
wind, so that if the ship had been then out at sea in
the state of. her Crew, she would not have been abpe
to float on the water,' and her destruCtion. would
have been inevitable.

The attempt which was made to charge Govern-

i

anent mare than the stipulated frctighte• after it was
supported for some time, was given up.
The ATTORNEY GENERAL - addressed the Jury.
on behalf of the Commissioners of the Transport
Board.- He said he should he ashamed of himself, if
either in that Court, or anywhere else. he were to
maintain, as a principle, that money might betaken
out of the pocket of an individual for the purpose of
putting it in the Treasury' for the public use, in
any case whatever,. except such as came under the
regular payment of a Tax imposed by Law. He
knew he- should be asking in vain for a Verdi& of.
a Jury in support of such a principle, for it was not
a principle by which the power of the State was sup-
ported in this Country -; with us, Justice, was ad_
ministered equally between those who represented
the Public on the one hand„ and the Individual-
on the other ; and he hoped-no person, (loathed
in the garb of office, would ever ask a Jury to
deviate from that course of equal Justice. But as
there had been some comments on this Case, and
some warmth expressed in the course of the Cause,
the Jury would excuse him, if, in at few words,' he
stated the nature of the Contra& upon which this
Affion arose, for he was not going to trouble his
Lordship and them with any Evidence ; and he be-
lieved there would not he much difference between
the Noble and Learned Judge and himself, and he
should inamediately submit it there was, for it would
be much too arrogant in him to maintain any con-
test with such authority ; and his Lordship had
already hinted, that the. Case should be hereafter
argued in the most sOlemn manner which the
rules of Law admitted, namely, in the- shape
Hof a Special Verdict. By the Contraft in this
case, the Ship was to have a competent Crew, spe-
cified to be in proportion to the Tonnage ; five
;nen and boys to every too tons. This was not to
be subjed to any contingent circumstances, but a
positive engagement, that the men should be
provided in this proportion to the tonnage of
the Ship. 'lt was not a qUestion of what A.
or .B. might think could be done, or could not
be done, but here ' was a -clear express. stip',
lation that the thing was to be done, a given num-
ber, five, men and boys,. for every. too tons of
the Ship. The reasort of this recision in the
Charter-party was this—these expeditions in which
His Majesty's. Troops were embarked, were of the
highest importance. It was essential that they
should not be delayed in their execution after they
were ordered. The terms, therefore, of the Char-
ter.party, were, " That -in case of loss of time,
breach of orders, neglea of duty, or the inabi-
lity of the Ship to execute the Service in which she
was employed, being made appear, the Com Mis.
sioners shall be at liberty to Multi the Owner," &c.
that is, they should make a reasonable deduttion
out of the Freight. j'his was plain and simple ;
and if the Ship was unable to proceed, the Commis-
sioners were not only 'empowered, but they were
called 'upon to make this deduftion. Did_ he say
that they should deduft any thing because the crew
were reduced by the viisitatiott of God ? God for-
bid he should say that should be done ; but if there
was any mismanagement in any part of the voyage,
the owner of the. ship was answerable. He main-
tained, that the desertion of the six Sailors from
the ship at Quebec, was an aft which ought to have
been prevented by the Captain, that implied negli-
gence in him,"for which his owner was answerable;
for which the Commissioners were called upon to
ititut the owner : they had done so—to what ex-
tent was not matter for inquiry, because .that was-
subjea to their-discretion. He was, he said, very,
very particularly situated in this case. He was not
merely pleading it as an Advocate, but he had a
public duty to discharge upon. the subjed. He
considered himself in a manner sworn in. die cause,
not indeed to give evidence, but to ad upon his
knowledge of the circumstances of the case. The
delay of this ship at Quebec was most grievously
felt, and forcibly expressed by His Royal Highness
the Duke of KENT, who had declared his disappro_
. bation of the matter, which appeared to His Royal
Hialmess very shameful conduct, and from which
great public Inconvenience had arisen, and more
Would have arisen, if the Commissioners had not
resisted this claim on behalf of the Plaintiff. The
que“inn here was, Whether there was not here a
remissness which, without *any immediate fault on
the party suing, yet in the conduct of his Agent,
winch upon the • construdion of this Charter-party
made him answerable, in point of law ? And he con-
tended for the affirmative of that proposition. There
was nothing in the point of which Mr. ERSKINE
had spoken concerning diseases on board ; that -had
nothing to do with the question of right in the
Commissioners to multi ; if it were a question
whether they should beanuleted in a greater or less
sum, it might come under consideration ; but that
was not the case in this instance. The questions
for the Jury to find were; that the ship sailed with
her complementaolmen, That she arrived at Que-
.ar._ staid 'there
bee, I i a certain number of days. That
a certain number 'of men dtserted. The a certain
number of others went into the hospital. That
from these causes the ship was disabled from pro-
secuting her voyage, although reported to be fit

for sea.
Lord KENYON,—ldp:not think that is made out,
for we are at a joss to knoW' by whom die was so
reported. During the, history which was given by
the evidence, a man standing at -a distance from any
interest in the Cause, would not have suppdsed that
the six men who deserted,the ship/had deserted from
another reason than the dread they had of the dis-
temper on ho,:ird the ship, and they gave up four
months wages. What is to be the Case, ilia man's
crew died, and he could not have any other ? This
-case is not like the case of a common carrier ; that
is an excepted case. 'lf the Jury think that these
Sailors. deserted through fear of the distemper in
the ship, it .shbuld be taken, whether that is im-
portant or not I do not know, but I think it should
be taken, if they find it. The remaining question
will be to be argued,
," Whether the Plaintiff in this
Case ought to have been mulaed ?r not ?"
The Special Verdia was then agreed to be en-
tered up;
That the Ship sailed frornCork with a coMpetent
Crew. That it was afterwards reduced,

That the Desertion at Quebec was from -felt-- of
Disorder on board. _ _ _

-
That the Crew at Quebec was •insufficient to na-
.vigate the Ship.
'lhat the Master used his utmost exertions to pro-
cure Men at Quebec, for the purpose of proceeding
to Halifax, but was unable, &c. , •