The Sun.
London, England, 1801-11-27 00:00:00

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ACTS OF GOVERNMENT.

' ARRETt Uts,NOV. I+. •
116 Consuls of' the ,Republici with the advice of
the c •
ounctl of State decree •
•,- The Consular Guard shall be commanded by foirrs
ter'ai Officers :—A General Commandant of Infantry; a
ktIA, a eral Commandant of CaValry, a General of Artillery,
`. General of Engineers. ,
First The Generals shall daily take their Orders from the
rst Consul in person.
1,43: The Foot-guard shall consist of two corps ; one of two
tei:_a•licns of grenadiers, sad one ot two battalions of elms-
pf..l4. Each of these corps shall be commanded by a Chief
tails,rig,de, who shall,take his orders (tiredly from the Gene-
‘.ot-innaridant of Infantry. ,
4. 1 he Horse-guard shall consist of two regiments, one of
thenartiers and one of chasseurs. Each of-these regiments
kr' be commanded by a Chief of Brigade, who shall take
ty orders directly from the General ,Commandant of Caval-
ti;--No change shall for the present be made in the organiza-
T of the artillery of the Consular Guard.
?'' From the zzd of December, each .ofthe two Corps of
ZZ-Guards, andviehlteginaent, as also The Artillery and
a;,,lgneers, shall have a distind Council of A-dininistration,
h 7,4 receive diredly. from the Public Treasury, on the War-
-I,t7tlker the Minister at War, the Funds respectively allotted
them
fet- These Cmincils of Administration shall make a general
401 re yearly of their proceedings to a •general Council of
mrninistration, w be assembled at the order of the Consuls.
j• There shall be a Governot of the Palace of the Go-
ril ment, who shall ta)r4 his orders diredly from the First
49sul. He shall have, under his command six superior
'Maras, and six AssistaUt Captains. '
One of the six superior Adjutants shall be appointed
eromandant of Arms at St. Cloud; and another Commarl-
-qt of Arms at the Military School.
411- One of the four Generals Commandants of the Guard,
411 be constantly on duty at the residence of the Consuls,
Oring one decade. lie shall be prasent at the parade, in-
eet the Guards, and cause them to file oft:
The distribution of posts, the appointment of watch-
of.;4", and the duties which relate to tlie.service and,police
f ""ie Palace of the cruverninent, shall be comprised in the
Itettions of the Governor of the Palace. -
1t1• The Ministers as War, of Finance, and of the Public•
rre;4l4rY, are eachoftrespedive Departments, chared
,tlth the execution thepresent Arrete, which shall begin.tted in the Bulletin of the Laws.
(Signed) the First Consul, BONAPA RT E
By the First Consul.,
.
H. B. MAKET,, Secretary of State.

t *as generally supposed that 'the Archduke
AI
tßowr would accept the nomination to the 'Bi.
t,,ric of Munster ; but from a letter addrased to
tue Chapter, it now seems certain that he will not.
that communication the _prince declares, that
Political circumstances do not permit him to come
a final determination upon the subjetl. In the
~,!3
40 tittle he requests the Chapter will continue
1`
t/ pay the pensions granted by his uncle the de.
teased Elector of COLOGNE.
Ojhe conclusum of the Diet on the mode of Indem-
es has been ratified by the Emperor, and has
D, communicated to the Diet. The States wait
of. `l'l, the greatest impatience iiir the commencement
situngs.of the Deputation of the Empire.
Che Treaty of Peace W1,11.C11 SEBASTIAN' has car-
to Constantinople, is inclosed in .a very rich
boxy
and written upon v•llutu, with a sort of mag.
t!hcence adapted to the taste-of, the Turks, who
such a luxury as a particular' proof -of
gteeni.'

L'ORtkr, Nov, I 3 Frtgate
4,
Boston,, of 24... twelve-pounders, entered this
On the i Ith; having on board Ro 13 E.R,T LIN' I NC.-
110 N, Esq. formerly Chancellor of the State of
11,w-l'ork; Minister Plenipotentiary of the Unit-
g
States to the French Republic. -He landed yes..
day; and in a few days will set out for Paris, ac_
.0 by 11:s family, arid.,M.-Somen)N, SeCre-
tetary of Legation. • , .
--MBURGH; Nciv. JAMES CRAWFORD,
the English Minister. to tie Circle of Lower Sax-
j'Yi presented this day Sir RUMBOLD, whO
tr.) succeed him as Charge d'Affaire.s. In a -few
filtered
Sir JAMEs will set out for England; and; it is
licred, that he will he sent Ambassador either to
er •
lin Or CO Copenhagen.
t,lt was announced some time ago in the public
Pen that Count. VON MUNSTER was going to
"eesburgh as Minister of the KrNG of -ENGLAND,
1
,awn
quality .0/ ELECTOR Of HANOVER. it is nocv
that the objet of his Mission-is to ask in
, arrinpe, for PRINCE ADOLPHUS of England, one
the Gland ibutehesies, Sister of the EMPEROR of
RLSSIA ; and as this Prince is to reside in, and go-
.4u the Eleetorate of- Hanover, it was thought
paper that- thiS Mission should be _entrusted to a
'enoverkm Noblentan.
~OP. •
ENki AG Vkli Nov. 3.—We had a violent tem-
;ls'lt today, which began at eight, A. M. and con-
tinued till two) P. M. Much damage has been
d'a". The Iris Frigate; destined for the West In-
les) ran ashore ; several other Ships have been da..
aged in the Harbour. The greatest part of the
''oue, have suffered considerably.
~ • .
3.----,Since eight this morning,
trlere has been a more. violent storm thin ever tvid
- wind, blew all, night and
part of corning. Several vessels drove from
their anchk.i. •, At eight o'clock in the morning
the
wind suddenly chapped round to the N. ur. and
`'le tempest raged most dreadfully.,- Weqtre very
tneasy about the ships which sailed yesterday.' Se-
wereblown out of the" Cattegar. One of tbe
170 British Armed Vessels was driver very near
4Coast but -the wind having changed, she got
' and is now in Port.
itICUXHAV EN, Nov. 4.---:The tempest was so vio.
,t 4t last night, that the great ferry-boat over-
All the'tops of the 'houses. have been much
i:laged. At day-break we saw from Altenbruck
th.tterdorl ;lee vessels stranded; viz, the Danish
1/.1.1'. grper., which was forced to cut away all her
ast.,
is. the Hamburgh ship the Mercury, bound to
nun; she has lost her main-mast) and is full- of
Thr : the Captain and two of the crew' are dead.
.4hona, laden with wine, and destined for
111'sr shansand : she is 'full of water, and her main-
t4 !. cut away. The English ship ~Captain
I)e,"2R, from Hamburgh, bound' to Hull, has lost
4s rudder. We cannot learn the name of the fifth
toil'' but , according to all appearances, she seems
jalt'e suffered but little. There is a vessel-in the
ta,„l'`Tut which has lost two masts. We are very an-
t. ' the two Etiglish Packets Which.sailed yes-
,rd3y.

„ ,
Nov. 4.—w..e learn from Temerwar,
tne Goveror-Generai has given notice, that
OQLc)U coils false PuCOW at- Widdix,

bearing tic head of jOSP,P H it. ana also Crowns =A
twelve Kieutzer

• The Et,IPEROk received the French Ambassador,
attended by all his Court in fall gala, a ceremonial
which was not observed at the pl.,:sentation of the
Russian Ambassador ; of this he coMplained. An
answer was returned, that the conneCtion between
Austria and Russia was too sincere and well esta-
blished, to require a,presentation in any other than
a friendly and familiar. manner., Besides, the
French Nation was fond of parade, and as the Chief
COnsul had received Count Cos ENTZ IL with mark-
ed distindion, the Itnperiid Court had judged it
proper to observe an equal degree of pomp. IVl..de
RA.SUMOVISK I transmitted this answer to Peters_
burgh.

Lord 'ST. VINCENT-11a3 been attended by Dr.
Prrcmax, butis so far recovered as to be able to
go to his Country Seat at Rochetts, in Essex. There
is no idea at present of his retiring from office, his
state of health not being such as to render it neces-
sary.

'e are happy to perceive that the present A&
of Parliamerit for 'setting the Assize of Bread in the
Metropolis is likely to be repealed. It was intro-
duced, we believe, by Mr. Alderman SKINNER, we
doubt notfrom the best motives in the world ; but
we conceive its only consequence has been a golden
harvest to Mealmen and Corn,fatiors.

The Chapter of the Grand Priory of the Order
of, St. John of Jerusalem was to hale met on Mon-
day last .at Heitersheitn, in Germany, under the
special proteaiun of
_the .Emperor ALEXANDER, to
proceed to the. eledion of a new Grand Master.
In His Majesty's note upon this subject, addressed
to his Ministers at Foreign Courts, he expresses
his, hope that the choice of _the Knights will fall
upon one " who is most ent;tled to esteem from
lus rank and pirsonal qualifications ;" but he at the
same time-declares " his firm resolution of not re-
straining, either diredly or indirectly, the freed6m
of eledion, and that the strident impartiality shall
regulate the protection which he has been pleased to •
grant to,the Order."
THE Tat 4Titt.--The Comedy, of Kano your
'own Mimi, which is far abOve the'general produc-
tions of the modern dratila, was tolerably well at-
tended last night at Drury-lane Theatre, consider-
ing that ..no very powerful attraction was held forth
by the Performers concerned in it. 'The Piece sis
not disgraced by the eXtravagance, and the pitiful
equivogues which constitute the Wit of the present
day. The charaders are not strained beyond the
limits of, probability, and are well 'diversified.—
BAIULTMORE, 'though a respedable'aCtor, does not
rise to the, height of the qualities attributed •to
/lid/amour, and which render .birn the desirable
prize of contending beauties. BAN.N IST ER'S Das7.l.‘
'would had spirit and pleasantry, but wanted the
sarcastic point, ,in manner, which might be expeeted
from a character intended as a dramatic portrait of
SAM FOOTE.

Coy ENT-GARDEN.---The usual attradion attend-
ed The Duenna last night-at this Theatre. Mrs.
BILLINGTUN drew. forth all her powers, and ex-
cited warm, and repeated applause. The Performers
in general were improved in their efforts, and seem-
ed to be animated by a spirit of einulation.which
will, perhaps, give the Piece an additional attiac..
tion, in affording public curiosity ample scope for a
comparison of their tespeaive merits.

The School for Scandal is so good a Comedy, that
it would not decline so much in its attraction, if it
were brought .forward with the strength of the
,Company. KE MB LE‘ should take the part of Joseph
Surface; which he would play admirably, and 13Aiv..
RY MOR E should resume the ,charader of Careless.—
With very few exceptions, though ~this Comedy
was written by the Proprietor. of the Theatre, it is
more Indifferently supported than most representa-
tions ax that place. ,

We :are happy to find, that Mr. SFIERIDAN'S
private concerns do not so wholly absorb him, that
he cannot pay his usual attention to those of the
Public. He haS pledged himself to Sir FRANCIS
BO RD ETT, to support his Motion whenever it shall
come c.u.

Amang the' Law Expences which contributed to
invAlve. Drury Lane Theatre in a state of embar-
rr.ssmcnt, it is said, that the measures for suppress-
ing the representation of Plays, at the Royalty
Theatre,. cost• no leSs than 17001.
Ex.r.k oaDINARY piece of water at
Then-ovine Royal, :Yorkshire, which had been
ordered to be filled up, and for which pur-
pose logs of wood, roots of trees, rubbish, &c.
had been thrown into it, lately being found use-
ful, it was ordered to be cleared out. After the
Bond was thought to be quite free; under some
roots, there seemed to be some animal, which was
conceived to be an otter ; the place was 'surrounded,
aid on opening an entrance among -the roots, a
tench was found of most extraordinay form, having
literally assumed the shape of the'hOle, in which
he 'had of course, for` many years been confined.
His 'form was an irregular semicircle ; his length,
froth fork to eye,. Was'two. Eet nine inches ; his
circumference, to almost the tail, was two feet three
inches ; his weight, .4slb. 94-oz. his colour was
also singular, as his belly was the colour of a char,.
or a•vermillion. It was carefully put into a‘pond;
but either from confinement, or age, or bulk, it only
floated, and with difficulty, at last, swam gently
away. It is now alive/and well.
The Margaret, of Anstruther, White, from Got-
tenburgh to Leith, with. iron and deals, and Pro-
vidence, Meal!, from Bremen to Leith, with corn
and goods, arc; both put into Yarmouth in distress.
After the ferocious battle between Belcher amid
Burke, on Wednesday, two other fellows,. named
Caleb Baldwin and Lee (a, butcher), ascended the
stage, and fought several rounds without any mate-
rial advantage being gained on either side ; but the
Butcher receiving a knock-down blow in the fist
round,. NvA compelled to give in, after a contest of
twenty-three minutes, including 21 very desperate
fought rounds.
Belcher having beaten Burke, challenged Men-
doza,' and offered to fight him in a month fur 300
to 200 guineas ; but Mendoza repliedi that he had
xeliingutshed the trade of fighting.

•

COURT OF KING' BENCH; Nov.

Mr. ScAßit-ri moved for leaVe to file a Cri-
rninal Information against William Withrington
and several others, upon an alledged Conspiracy to
pass Mr. Withri►igton upon the Tenants of a veiy
large estate. in the North of England,' as heir at
law of the late Lord Nkithrington; with a• view, as
it was supposed, of obtaining half a year's rent of
them all, 4c. The-AffidaVit upon which this Mo-
tion was made, stated a variety of curious parti-
culars, the time for disclosing of which; will be
on shewing Cause upon the Rule, which the Court
granted.

YA.TE Kl. WILLAN.

This was an Aaion brought to recover the value
of a trunk and some articles contained in it, the
property of the Plaintiff. The value was 201.
The Plairitiff took a place at the Green Man
and Still, by the Mail-coach to Oxford. There
was no room for his trunk, and therefore he left it
behind him to he sent the next day—it was lost,
the Aaion was therefore brought for the value of
the trunk, against the Defendant who is proprietor
of the coach.

The substance of the Declaration was, that the
Defendant undertook to convey this trunk as a
,Carrier and deliver it, and that he did not, &c.
whereby a loss accrued -ta the Plaintiff of the value
of the trunk, &c.

The ,Defendant paid 51. into Court, and relied
upon the' custom which is now. established, that he
was not accountable for this trunk nor any thing
it contained beyond the value of 51. and gave
evidence of a board being stuck up in the coach.
.office signifying ,that no parcels of above the value
of 51. would be accounted for, unless entered and
paidfor.accordingly, which this was not.
TAle Learned Judge at the trial thought, the pay-
°ment bf money into Court, precluded the Defend..
ant from availing himself of this custom; and a
Verdi& was .given for the Plaintiff, damages 191.
deduaing the 51. paid into Court.

• A Motion was made for a new trial, and it was
ably supported' by Mr. Serjeant Wti.LlANts, Mr,
MANLY, and Mr. BEDFORD, and ably contested by
Mr. Mr lAA, and Cases vere quoted in support of
their arguments by the Learned Counsel, after
which

• Lord KENYON said, " Wherever there happens
by a trick in the Proceedings, that, the rule OE jus-
tice has been eluded, 1 am always sorry ; but we
can only look into the Record and see how it is
the Parties have fashioned their Case, and sent it
to us, arid we must, upon such Case, so fashioned,
administer Justice according to the rules of, Law ;
and to be sure, this Case in principle and in prece-
dent, is as clear as the sun. It is indeed impossible
to raise a doubt upon it, and I hope, by what I say,
to make it, ,in a few words, as cleat to others as I
feel it to myself, and which I shall do if I 'can
convey ideas as clearly as I conceive them Ifsay
if I can convey them as clearly as I conceive them
to be, for sometimes I have not done so, I am very
well aware of that. Here the Party comes into Court,
and in his Declaration ht states, , for-, that is the
form, the several demands he has upon the De-
fendant. Such, he says, I state my demands. I
complain of the Defendant, and I come to you and
call on you to administer Justice to. me. The
'Defendant comes into Court and says, True it is,
yoti have a demand according to the first count,
and second count, and third count in your Declara-
tion, but admitting the demand which you have
stated, the damages you are to recover amount
only to 51. Well, the Cause 'comes down for
trial ; what do we look to The dispute between
the PartieS-=whether the damages arc above 51. or
not ? If the Defendant's defence had been, that
,the claim never. existed, nothing is more obviously
clear than that the Plaintiff must prove it. But
instead of denying the existence of the demand,
which he might have done by-pleading the general
issue, the Defendant says to the Plaintiff, by his
proceeding here, You have a demand springin4 out
of a contraa, but its amount is only 51.,; what
1 is the question then between these Parties upon this
statement made by them ? Why, • the question
is then, i question on the quantum,' and on the
quantum only, and can be no other. In this Case
the Plaintiff comes by his first count, and says
to the Defendant you have undertaken to carry my
goods —the goods are lost-41e law, in its result,
says that you' must make me satisfadion to the
extent of the value of such goods. My Brother
WILL lAMS (who has argued the Case extremely,
ably, as have other Gentlemen) says in answer
to the Plaintiff, You have no Ll,mnand on this count;
for there was a special agreement' by which you
have no such demand upon the Defendant, but by
which another demand exists. The Defendant is
not bound to pay in the relation of a Common Car-
rier, but is bound only to pay 51. whatever may
be the value, of the goods. To this the answer is
most obvious. If the general issue had been pleaded,
and• this proved to be the agreement, the Plaintiff
would have been non suited; but by paying money
into Court, the'Defeudant admits the existence. of
the demand, and nothing can be in issue but the
amount of it. I do not, know that talking upon such
,a Case can make it clearer than it is already ; this
question Teally, -as it appears to ine, is one which
has been at rest for many and many years .before I
was born, I believe."
Mr, Justice 'GROSE said, " it was too late to say
now that money- paid into Court, was an adonis.:
sion on only.one count. Here was a general under-
taking to carry the goOds without any limitation,
unfettered by any agreement : as stated in the De-.
claration, the Defendant indeed said otherwise, but,
that did not appear on the Proceedings upon Re-
cord. The undertaking„upon the face of the Declara-
, aion; was an unfettered and unlimitted undertaking,
the Defendant, indeed, said otherwise by his Coun.
cil ; but that was direaly• contrary to his own ad-
mission ; and this was' his own fault;; it was his
.. own fault that he Was in this scrape; for, by look-
' ing at the Declaration, he might have found-that it
Was not adapted to the case as he now states it, and
' if he had pleaded the general Issue, and proved
that case,' the "Plaintiff must have been nun suited,"

Mr: Justice LAWRENCE Rid; the AdMission here
was the paynient tif-rntiney into Cotiti.....Tliat
the Defendant ctmtraEted with' the Plaintiff in the
mannef stated in the Declaration. It was—there
stated, that the Defendant had undettaken- to carry
and deliver to the Plaintiff certain goods; t'vhieti
were not delivered ;by reason of-the non-perform:
ance of which 'contra&, the Plaintiff had sustained
damage ; which damage was beyond the value di the,
O.' which the Defendant had paid into. Court ; now
-that such a question was a mere question of quantum
'of damages, appeared by all the cases that had been
decided, and particularly by the Case .of
Defendant
and
*asßarry: It indeed true, that the'
should not,. by paying money into Court, be said to
C admit the ontra& to be as laid in the Declaration;
if, the Contra& itself was illegal; that the party
could not do, because no adatission was binding in.
a, Contra& that was illegal. It was said, that it
the- Defendant had not paid money into Court,
hewould 'have been bound to pay the-five pounds,
which he admitted to be due. This the Learned,
Judge did notairee to, because, if Plaimiif had
stated the Contra& otherwise than it was, he would

not have recovered a sixpence. There was a case
to this effea, one that was tried befoFe him at
Shrewsbury ;, he did not, know' that.it was in point ;
the name of it was Pigor and Dunn, it was a. case
similar" to this, where it was contended, that the
Defendant ought to have paid the Sl. -into CourtA
but the Court was of opinion, that the 51. ought
not to have been paid into Court.
Mr. justice LE BLANG said, that in the present
case, ,the Plaintiff declared upon.a Special Contra&
The evidence given by the Defendant, went to vary
that Contract, by'saying. that he was liable only to
a certain extent. The money paid into Court ad-
mitted the Contraa, as it was laid, and the only
question was, what the amount was, upon that ad-
mission. If the money had. not been paid into
Court, the evidence on the part of the Defendant,
would have nonsuited the Plairit(ff:7-,and why
would it have n-onsuited the Plaintiff? Because it
would have proved the Contraft not to be that
which was, stated in the Declaration. . •

Rule discharged.