The Sun.
London, England, 1801-08-11 00:00:00

CIRCULAR, &c.

All the relitions of policy, commerce, and correspOnd-
enLe with France, whi,:h were interrupted, and in conse-
Ocoee of the Revolution in that Country, have not yet
been ro-establ ished in -their full' ex tent; but as at lie present
moment Negotiations are going on to riled ai reconciliation
With that Power by every means consistent With the dig-,
nity of-the EmpLitoit, and the intereStS of Ms People, Fits
MA JEST? has been pleased to charge his Ministers to appriie
his Foreign Ambassadors and Agents, that he is willing -to
renew the Usual Course of connection with that GovernMent,
az.d.. that the conferences respeding that objec't are in full
activity.

In the situation in which this matter stands, .therefore, it
is no longer proper that the Ambassadors of His ImrEki
Ikwyassr should continttetb- observe any distance towards
the-Ambassadors of the. french Governthenr. It is therefore
enjoined to you, Sir, on all occasions, to testify the, ordi-
nary and becoming resped, tlu.-m which is usual between
the Ministers of Powers that are in good understanding With
each other, and to communicate with them
,on alt occasions
in which the interest of our, most gracious Sovereign may be
concerned. I am, &c.
(Signed), THE PRINCE A. KU,ItAKIN.

The following Circular Letter' has, likewise been
sent respeding the Agents of the Batavian Republic :

CIRCULAR, &c.

As the Emiotrtoa, on his'acceision to the Throne, found
that the 13atavian Republic was recognized, ' and that a
Minister front the same had, been accredited by the Es n.
peror, his father, His MA Ji; ar y' has thought it his duty
,not to .innovate in the least upon-their proceedings: As
this Resolution of the' E ATP a o It, ho tveve r, remov.es. all ihe
reasons of hostility, and the grounds of further interruption
ot correspondence' oetween the two Governments, You pare
therefore directed.to communicate with the Ministers of the
said Republic, who. aside Where you are, respe4ing every
object of policy, commerce,:or other illation, in which 11*
interest of the service of the Era ts ticoa, your Ivladr, is'oenJ
caned. " I am, sec.
(Signed) THE PRINCE A. KURAKIN.

The cause of the British Superiority at Sea is at
length discovered. It arises, if any credit is due
to the version of an Opposition Paper of yesterday,
of the account in the French Papers, from our being
able to resist Balls, when protected by a Sheejs.skia
over the side of the Patel,

SURREY
ASSIZES'.

CRGY,DON, AUG. 5.
e. • , •
IiEFORE SIR CE.OSE, ASTD A SPECIAL

THB IUNG agaitia BARR.
MISPRISION OF FELONY

'Tx is wins an indiffinent'agains-t the-Defendant,
Mr.. Barr; an opulent What-finger tat kocheriiithe,
for Misp,r,iAtrn of,-Felonyl an;{the indiChnent stated
that one Peter Perry. having stolen.6ooot.h. weight
of sugar, the Defendant well knowing the said felo_
ny to liave'been committed,' ditt•wickedly conceal
and keep the same secr4tplagainst the form of the
a . Statute,, again the • .

, Mr. GARROW said,. be Was Counsel for the Pro-
, _
secution, and in the cour e. of .his experience, 'and
fie. Might venture to pronounce in the course .or his
'Lordship's experience; no Case ever presented itself
ofgreater magnitude in -a 'Court of. Justice. It.was
a Case on, the result of
.whieh, he thought, would'
depend the security Of-the pioperty of the British
Merehant,'atid.the cha4-aaer'of.the Country. If an
offence,..sueb as :the one with which the Defendant.
was-charged,And he.-should undoiabiedly bring home
to him, could• lass with impunity, there would be
an end or the''coirtmerce, • and.consequently of the
existence of.this Empire. The. Jury had. to deal
no ,ordinary offender, not with a man in low
life, tempted to supply• his daily wants by acls'of
dishonesty;but with a man of affluende,.carryinion
a- great: business, with an extensive capital; and
standing,..in.that relation to the Public, which,
bound
him, :by_every tie of,lnterest, Honour,. Puty„ and
GratitUde, to.prote4 the property entrusted, to him,
instead of suffering it to be. plundered undei- his'own
eye, and thesiintiion of' his -immediate-authority.
The only difficulty be, could possibly have to con-
tend with; would, be, that when he. had Stateet•the
Case, he should probably be interrupted by the
Judge, and' told he had mistakenthe place for trying
such a man as the D.efendant, . and that .instead of.
charging him, with.. a tnisaemeanour, he ought to
haVe indicted him as a r'nci lon
p paf e •
Mr. Justice GitosE.-,--If it, should appear tnat
the Defendant 'wag aiding and abetting .in the rob..,
bery, it willbe my duty, :to.say, he ought to have
been indicied for. •a felony, and, not for a miSde-
meanour. It is _ not. possible, to convert a: greatex
offence into a lesger bY"ilie.Mode.o.f.prosecution.
remember a Case- before-Mr. Justice Bu'LLEit, in
Hampshire, where a man was indi4ed.foi,a_inistlez
meanour.; but it, appearing to him that' the fats
disclosed at to an offence of. a,superior
°Tee' he direaed. his acquittal; -and -ordered him' to
be indiCied for t flony, I
.shall..do.the same jn
this instance, if the faCts.ShoUld sit turnout:

Mr. GARROW Continued.--He7said, he expc6ed
this observation from the Learned Judge but, with
the able assistance. of those who had-advised this
prosecution, be was not unprovided with an-,answer.
He felt it of the last importance to'the interest of
the Public that this case should, in its present form,
be stated.and proved: He Ads the more' prepared to
expel his Lordship would feel' The difficulty ,of
trying such a cause, because more Judges than .one
had already expressed their opinion on .the subjed,
and because those who had originally been called
upon•to consider the mode of prosecution to be
adopted, had recommended an Indictment for Felony.
Such an Indiament had been preferred, and the Bill
had been thrown our.

The language ;of the learned and humane judge
who presided on the trial of Perry Itas to this effect.
He observed, that what èvi'dencehad been laid before
the-Grand Jury he, could not say, but the fads did
set.'n't ;to implic'ate him as. principal. in the felony.
Cet:tain it_ was the bill, as it respeded- the- Defeo-
want,, Nv:,is not found. Perry had been tried-at the
last'assizeS before Justice HEATt3,and convided.
He had said more judges than one had. Confessed
their .opinions, because in a subsequent prosecution'
against a sugar baker _tried inAondon, at the Old
-Bailey, Lard irlYoN had delivered himself to' the
same purpose. This case arose out of an accident
which had 'befallen tlieShip'.l\lepttine, laden with a
cargo of HavannahAugars,-; and- stranded .on her
passage off the ..North 119 i-eland. When the.,eargo
was taken out it-Was`stiiii tei the Custom-house, and
placed under the. &ire-of-the Defendant, -Wild was a
Wharfinger, -and as - such undertodk- to pored, the
property confided to .him. It became necessary to
take the cargo out of the boxes in whiCh it was
'brought to this. Connery, and put. it into puncheons.
It Would be proved that in so doing there, were
Persons employed by the 'Defendant' to take by
wholesale the brightest and best part for his own be-
nefit. 'The manner- was. this. When they
,carne
to a bright sample they 'took it by Shovels full, and
pu i t r-into the Defendant's.own puncheons, and all
that Was injured and worthless was placed in the
puncheons of the -Merchants to whom the whole be_
longed: He would pauie-to ask the jury what they
.supposed was the deqciency.of a cargo of 40 tens
' weight of Sugar ? They, wo!.id doubtless be <sur-
rized when he informed theta that' the-plunder on
the Defendant's wharf was 19,4551 b. Which ex-
ceeded eight tons, and was, in value upwards of
7001. On the former trials there had been, set up:
prescriptions for this sort of plunder. It had, been
said that it was no Felony, but the fair perquisites
of the Wharfinger, affording a 'fund for the pay
merit of his Clerks in lieu of Salaries. But he
should prove that this ,was no case of what was-
-called Sweepings and Scrapings: It should be his
obje4 to bring this Defendant's guilt to light, to
drag him, more .especially as he was a man in afflu-
ence, to the bar of public Justice, and never to
leave him till'he had- receil'ed the punishment 116 so
justly merited. Whether that objeCt was to
.be
attained
.on Indiathent 'for misprision of. Felony,
or for the Felony itself,; he should at least be in a
condition to know'What "Evidence could be laid
before the Grand Juryi'- kle;should prove that the
plunder was divided' in-toieVeral 'Lots, and shared
among those whose connivance' was necessary, at
the rate of 301. per man', and that, the Defendant,
whose duty it was to prevent his Seriants taking
away this- property, encouraged their pillage,"-and'.
expressly directed one 'of his ClerkS, who was- less
experienced, to look after his interest, or the others
.would be too deep for him and, finally,.. that the
major- part -of the -spoil. was -appropriated'- by! the
Defendant himself,

•
Th.e first i.iart of, he evidence consisted in pr4ving
the con viftion of Peter Perry, 'tie property. of the
consignees of the cargo; Morehead; Fisher;
and others,: the irran.ting of the ves,sei; the re.:
ceiptof the sugar, at. the :Defepdant's ~VharE

. 7 "
William Shafts, a Latridwaiter belorwing to the
ciltolll..llolib, said; 'he w4s,employed in conveying
the sugars to the befeadanes nearly 411 of
them wire, inofe or lessAda.;a there were 3.60
chestslanded, Weighing9-66,2wt—iolb. ; he weighed'
them afterwards, and thi-e were ony 4.6oicwt. and
131 b.; big 83 of the chests had been exported ; 'the.'
deficiency theteEre. was 173 cwt. Haines was. the
person employed .a 3 'the Locker of the Custom.:
house;.and.he abscon,led upon the theft being disco.,
vered. Siigars wet salt-water might be said
to.bedathaged, hitt when they, were afterWaidsput•
into Close casks, a fermentation. generally: took
place; and. 4s soon as. that subsi-ded, they becapw,
solid body, althost as hard as a ikimp of refined
sugar: In this ' itis'fance the fermentation
.was sd,
• • •
strong as to blowsonic of the heads of the punchecn4
out. • , •

John 'Murphy was emflloYed at Bari's Wharf. at
the time the sugars. were. there ; he was sent to fill
tbur,puncheons from `the chests ; he had never any
given him that Were 'bid the briglteit and. best
sugars were put into the Defendant's punchevns, and
theworst,into.the, Merchants ; when the last Wit-
ness was present, he alWays,left off working ; Perry
gave him his orders ; the; sitgars in the DetendanOs
puncheons would bear treading, -ibut, those in the
Merchants Would not ; the Defendant's. puncheons
were taken .to'thestrager, and carted after the bell
had rung
.icit 14s4a1;li?t,,,iild trig Other workinen
were gone away ; during the time he was at work,
Barr used frequently: to come up to him, and corn."
but not have been conscious pi, what vas going rot--
ward.'

.77-77 Egan, another workman, who assisted in
filling the puncheons-, proVed that the Defendant wa3
in the. constant habit of *coming backwards and for-
wards; and observing them wlnle they were at work.
Mr.lustice GRosE thought that this evidence
was sufficient to itnplicate the; Defendant as a,princi-
pal in the felony ; it he shbuld be indicted as a prin
cipal, and..found guilty,, it would amount to con-
viction for a felony
.clergyable for .the first offence;
if .he.; should tcpeat it, and be a. second time con-
'vided, it would be capital': is Was therefore of the
utmost importance to the Public, that if the De-
fendanchad committed a felony, he should not. he
convinced of a misdemeanor. If he sliouid-be'only
'guilty of mis'prision.of felony, and' aftetWards,
be tried' as :a- principal upOn the repetition of 'the
offence, -be might pray-his Clergy, and escape the,
full penalty of
..the, law. ;. He did not
~seeillow -he
could stairer the present indiament to proceed
out interfering with the law Of the land tipOn the
subject; he was'of opinion, that the Defendant was
aiding and assisting,, and consequently that the mis-
demeanor merged' in the felony. It was a very
great offence, and he should put it to the Jury,
whether the Defendant was oot a principal,. and if
they should be of that opinion, he should feel it his,
duty to ditel,Ft them to acquit him of the preSent
charge:— . :1 •
The Jury desired to hear further evidence:

'Two other Witnesses., employed in the
removing
sugars, proved the clandestine manner in /which :he'
business was done, and'the participation of the De.'
fendant. ' .

Mr. GARIWW said, that he had other evidence
behind, hilt after the intimation given by %the
Learned Jndge,., he should think yupaecessary to
ask for a verdia tipon,the present India:neut.
Under the diredion of .his Lordship, the Jury
accordingly acquitted the liefebdant.
[The King against Davis and otArri, for a Riot
at Kingiton,' in oar next.]'

The PRINCE of WALES, it seems; is to.paysix.
teen guineas per week for'his hou* on the Stein, at-
Brighton,, if taken for five inonths, and twenty-five
guineas if fufa shorter period. But as the Pit I N.C‘E
by his presehe'e, gives fashivi'aild'allurement- to the
place, the inhabitants would only constT their own
interest in providing His Royal, Highness with a
mansion gratis. .
- Madame MAR was not very successful in her
Northern—Expedition. At Glasgow her Benefit
amounted .to no mare. than 41.--in consequence of‘
which, she left the place in greatdujgeon.
The following curious circumstance has come, to
our knowledge upon the'atilhority of several persons
who have arrived from rrance, and-whohave stateds
it as, a fart currently mentioned.—Whether true or
false, 'it shewS, that the life of the. Chief COnsitl
either ir,,or is supposed to Le, threatened by the ja:.
cobins. Onc'cif ihe,Leadefs'of this Faction had sue_
ceeded in prbcuring to he.made'a snuff-box perfealy
similar to that' used ~by the. Chief Consul, but
though thelashion of it' was imitated most correa-

ly, trieartificeY had not 6ucceeded in making it open
equal facility. Box-Ai-Axil ins box
on-liis table., and beirr,. inclined to takee-a-pinch of
snuff, was dstpnisiled t; find a' considerable difficulty
in opewng it, -This circumstance struck him so

much, similarity of, box„ in other re-
spthas, Ind ,no
,effe6 in deceiving him. After a
nuinh'er enqUiries 'among his servants; he
sent for a physician, whohaving chemically am-
lized the snufi.in the bo\', declared, that the Chief
Consu!,'.llad he 'taken any, c'nuld not have survived
hillf an hour. The Jacobins have, no doubt, dis-
covered some new Locusta, and fiOtntc.poison as• sub-
tle as that which tocik oft

Brighton del er was so full as -at .pr-esent. ,
people for want of beds, have been oblio,ed to sit up
all ni,l7: in order to enjoy the,pleasNres h, tkr
No:hing can he more insulting to the French tbaa

the popularity of our wattring places at the present
moment, as if the chance of seeing the amzscrxitt
of an inva.tion was one of the chief causes of at.
traetion.

Yesterday an Adjourned Quarter Sessions was
held at the New Sessions House in Hotiemonger.
lane; ,Newington Causeliray, in the Borough, befoie
the Right, Hon; Lord GRANtLEV, a's Chairman,
and a. Bench of Magistrates, to hull-causes and mis.
demearors, and .:to discharge prisoners from ti'e pri.
son (1f the King's Bench, under the dire(liion of the
late Insolvent Mt. Many were diScharged, and the
few excepted mean to appeal at the flat Sessions,