The Sun.
London, England, 1801-12-19 00:00:00

P AMs, nEe.

Tat Inscription's which were inscribed on the
front of the Churches have been,taken away.
The overflowing of the Seine has begun to sub.
side, though hitherto not in any great degree.
The Archbishop of MILAN arrived at Turiv on
the 29th ult. This Prelate, who is more than So
years of age, is going to Lyons._
Our Papers now state, that General MO EAU did
not give a grand dinner onthe 3d inst. and has not
taken up his residence at Strasbourg, As was staled
some days ago.
We have avoided entering into the details of the
afiliaing intelligence which we have received re_
spewing the disasters occasioned by the storms and
rains, which have been incessant for two months.

.We shall, however, now state some facts, to-shew
the dreadful effects they have produced in marir
parts of Europe.
Ba,EsT, Nov. 30.--The Ships of War of the Ex-
pedition were on the 28tb at night .upon the point
OT getting. under Weigh. We expelled to see them
sail the next morning, but the weather • being
ad-
verse, they have been compelled to moor again.-
-Two Ships that made part of it are dismantled,
and are, to be replaced by two others. - A f3rmight
after the sailing of the Expedition, two Ships
.of War and some light Vessels will be dispatched
to carry effects that are expected; and -several pas-
sengers who are not suet arrived. Yesterday morn-
ing the sky: was .serene, arid the cold pretty sharii,,
but the wind continued at North-West, and conse-
,

quently adverse for the siding of the S'quadron.
General LECLtRc has on board the Ocean, where
he is with his wife, an aparttnent very richly awl
elegantly adorned.
BREST, DEC. S.—When we beard of the signature
of the Preliminaries, the shops were full of Mer-
chandi3e of all kinds. . Several articles, such as
nankeens, cottons, &c. were of course expeded'to
experience a great fall; !nit the Sr. Domingoex-
pedition has: in general prevented_ the merchants
:from being great loSers.—ln almost all the shops,
and during the Whole day, one must wait one's turn ;
it is a continual influx, ofsurchasers-:: Thc--Je articles,
,upon which great loss was expeded, are the rarest.
Nankeens are not to be had.

The-:night before last the wind c4;ne -round to
the. Northward, and every one, hurried .on board in
hopes th.tt trie Let would sail at clay.break,,kut in
the night the wind changed to South, acc.c.mvanied
with rain. For the last fortnight the squadiiiii has
not had 'a fair wind for sailing.

. . .
Bo UR DEALTX, DEC...4.—TheEiho, of Bourdeaux,
recites an extract of a letter from the, Cape, from a
Colonist of Port de Paix, in which he: says, ."
Domingo is tranquil, the
_Cultivators work,-Pro-
peity and proprietors are respetled there. We hasve
not yet had all the produce we woUld,wish, but the
peace and tranquillity estabiished will not fail to
realise the wishes of all good Citizens. Time and
patience, these are the burt hen of my song."„

VIrrTNA, Nov. z3.--The unexpected arrival of
M. le Comte de STADION, our Minizirer at Berlin,
has been publicly announced by a cove. It is,

hoWeVer, -generally supposed, that lie has received
.orders to quit his situation, in consequence of an
-interesting conference with the Prussian Minister,
on the subjeets of the Indemnities, and the Ecclesi-
astical Secularizations. Some go so far as to assert,
that he will remain until the affairs of the Empire
. shall be finally settled.
We are in daily expectation of the return of the
Courier LAT:OR,ET, who has been sent to Paris
with Dispatches relative to the Grand Duke of
TuscANY, and the Deputation o( the Empire. At
his return, and not before, His Imperial Majesty
will finally arrange the time and place for the as-
sembling of tliat ComMissiOn.

As an Especial Court of Aldermen held yesterday
at Guildhall, HENRY WOODTHORPE, as Town.;
Clerk, THOHAS SHELTON, Esq. as Clerk of the
Peace for the City of London, and' Town and
Borough of Southwark, and Register of the Mayor's
Court, and Messrs. HARPER' and JACKS, as Coal-
Meters in Trust for the City, were sworn into
their respetlive Offices, and took the Oaths of Al.
legiance accordingly.

Mr. Chamberlain CLARKE'S AddresS to Sir SID-
NiY.SMITH upori delivering to him. the. Sword voted
to him by the City, is the theme of general admira-
tion: The allusion in it to RICHARD 'CC:MA DR
LION, and the compliment conveyed, by it to Sir
St DNEY, Was classical, delicate, and elegant in the
extreme.

Citizen REGNIER has presented to the French

Institute an Egyptian robe; and some pieces of cloth
found in digging among the. ruins at Sakara. This
monument of the industry of the ancient Egyptians,
may serve to shew the state of the Arts among that
people,. In his Letter tv rhe.Presidenr; he says,
that the events of Warhaee deprived him of several
articles which he had colleled in Egypt, but that
.he trill expeds some curious produdions, which he
.will lose no time in communicating to the Institute.
He further states,- that he will transmit to it the
,observations which he col:eOed, and which he its at
present occupied -in. digesting, upon the different
classes of the Inhabitants of Egypt; their 'manners,
civilization, &c. , •
General MENOO has brought with him from
Egypt a Ci‘ette, the animal which produces
,the
murk. He has presented .it to the Museum of Na-
tural History ; and as it requires a„-wartn climate,
great pains are taken to preserve it.t,s life.
A few nights ag'o, a man' of genteel appearance,
who had lodges for seven weeks in Castle street,
Whitethapel, invited the people of the house to
cirink.some mulled raspberry-with him, but in which
it appears laudanum had been mixed ; the husband
fell into a sleep from whence he never awoke; and
the woman was taken' to an hospital, where; by
proper applicat-i6ns, she was -relieved from the dele-
terious effeds of the poison. As soon as" the tau.
danurn had overcome their senses, the villain broke
open a box, from whence he took rol:'and two.
silver watches, 'With which he escaped. He prey.
tended to be a Mariner, and eniitled to.a large suin
of prize-money ; but went by different names.

LA! 7 REPORT.

COURT or KII4G'i BENCH, Dm tg.
.SITTINGS nFroRE LORD KLNYON, Atib A SPECIAL

JURY IN GUILDHALL, LONDON.

DOBRIE, ESQ. THE EAST IkDIA CONIPANt:

THE ATTottNEr GENERAL stated, that' this was
'an Aaiun by the Owner. of a Ship WhiCh had
been chartered to the East India Conipany;• .to
recover a Compensation in Damages, roi the use and.
hire of that Ship; she was chartered to the 'East
India Company in the year 1796;::
By this Adion the Plain tiff- contended,_ that he
was intitled to remunerationlor the- wear and tear
of his Ship,- beyond, tharWhich*tas Covenanted in
.the Charter-party between hint and the East -India.
Company. -She-was to le employed in -the service
of the .East India Company in trade and war, &c.
but he contended, that she was afterwards employed
in a manner which the Charter-party.did not war-
rant, being fitted out for Manila,- and made 'to
carry '36 guns instead of z 6, which was her corn.
plement, and that in Orkin,' respetlS, . she had„been
'so used as to become of less value to .the Plaintiff,
&c. Some of the particulars of whicl4 he stated,:
and the, substance -of the case was this—Thar the.
Defendants had:Poinnaitttd an .excess of thepower
-given by the Charter-party, that the Whole equip
ment of the: Ship was ,altered,.;. lhat. thereby the-
Charter-party. was abandoned,. and that on account
of it, the Company had beat:Nile l'i.spasSe'es on the. •
property of the- P)ainriff in this Ship,
,and -that be,
by this.A&ion, did seek c,)Mpensation for sack ex-
cess. Thkby-theChartcr-party •ir, this 'case, the
Company had not power to let the:Ship Pitt for war,'
in the manner 'they had done.

Lord KENYON• Said, he did not know what the

merits of this case might be,, 'gut he ,did not.see: how
any misconduct -4supposing there wits' 'my);
,Oflthe
Company coaldiall under the head of .thii,aetioi).
_ _

This was an anion on the Charterlarty, which it
set forth; and therefOre 'it was complaint for
an injury arising ex contra e.. The excess-of the,
power of the Company, as here stated, created- an
injury (if any) ex ; and therefore his
_Lord-

.ship inclined, very much; to_think that the Plaintiff
had no remedy, at least, by, this form of aCtion,—
By this ataicm the Plaintiff complained of an injury
arising. out of the Contraet, ,and the substance of
that which was alledged in support of, that corn_
plaint, was a miiconduCtivhtchrould not be ranged
under this :.ttliou., So that flie adion did. not
pear to him, at present, to be adapted to tree case.,
Nor h 0 his lordship, at present, any great doubt
even upon the Charter-party. *He could not Corl-
ceive any words that were more comprehensive, and
which could give more control over a Vessel than

those employed in page 19 of the Charter-party.
13y which itwas provided, that the Company should
employ the Ship for all purposes whatsbever, in
trade dr in warfare. Now, had the Defendants been
desired. to use the mosrforcible worth 'possible to
give themselves, an absolute dominion over the. Ship,
the -probability was, that they would use these very
words, at least, his Lordship said, he krrew of none
that were stronger. •
The ATTORNEY GENERAL'said,lhe parties must
t'e his Lordship_'.. j:ltigment .
•
Lord KENYON said', he likedA to !erve these
very large and important' points for the opi..
nion of the Cow whenever that was, desireo,
and indeed It was more satisfaaory to hiM .that •
the Court should decide .them,. thit,9, that " they
should have only his authority for the decision,
But he meant at. the same :tittle, to say,, that there
was in his Mind, at' present, very, little tiiikulty in
the Case. " In trade or warfare, or otherwise
howsoever, and for all purposes whatsoever,", ap."
peared to him' to be words that xxould amount to
an absolute doMinion over' the Ship... fiere the
Plaintiff professed to go on an implied cont rad; and
yet imputed to_the Defendants a breach of all con-
_ _

traa, by misconddi. That would not do—although'
he said this, yet the East India Company being a
large and powerful body cQuen, would eventually,
be guided by liberal considetations of the' Case, and
it there were any real merits.in..the Plaintiff's Case,
they would not let hifrissbffeft;r
Mr. ERSKINE said, the Company could not 'ob- -
jea to putting this in-a way to be decided by the
Court, for if this Case. was to 'be given up 'on the
part of the Company, it became a common cause '
against the Compny, for many other Ships were
in the same situation.

Mr. ROUS said, that all the fitting-opt in this
Case, for the purpose here complained of by: the'
Plaintiff, was at the expnce of the Company.
Mr. EMICIVE said, that•the Charter-party gave
power to the Company to do as they pleased with
the Ship. It was whimsical to complain of the'
equipment of the Ship, especially as the Defendants
defrayed it. Suppose he had hired a servant to go
on a journey, and he had only shoes and stockings
on, Would it be matter of complaint against him for
giving him boots and spurs ?

Rous said, that the warfare of-the, Corn.
pang was under the power of the Crownithat they
were united and blended in all warfare. •

Lord KENYON said, that if, this was a qiiestion
involving only the amount of 51., he doubted very
much, whether any body-would have a doubt upon
it. He could only say, upon the general point, he
had, at pi-e-sent, no doubt. The words of the
Charter-party appeared to him to give to the Com.
pany the absolute control'of the Vessel. He knew
,of nothing to restrain it. There was nothing in
the Charter-part; that militated against public con-
venience ; nor was there any other circumstance
which required that these gener3l, comprehensive'
words, should be narrowed in their construaion.

However, his Lordship said, he should reserve the
point, and, if either side- should desire it, the
case.might be turned into a Special Verdict ; but
his Lordship said he could not bring his mind to
tbubt upon it.
Verdid for the Inaintiff, subjea to the opinion
of the Court' upon a case to be stated.

ROBSON, ASSMD:EE,-7&C. V. BLAKEY.

This 'was an ACtiort of. Trover : • the declaration
stating, that the Defendant had converted to his
own use, a Ship belonki4 to We Port of New.

,
oastie, the property of a Bankrupt, of Oiliose
fees the Plaintiff was Assigne.
It kas stated; that George Blakey, the elder;
-becatie bankrOpt some time ago, and while he way
in conternplation of that bankruptcy, he transferra
the Ship in question to the Defrodant; his soitt; wlso
was the Captain of that Ship, tore sonie dernaridS
which the Defendant, the son, had Upon the father:
This was stated to be a fraud t.4)on the rest of tfr~
Creditors, and therefore this action was hrolight
;to recover the Ship, or 'the value of it, in ,order 16
•••bring it. to the general Creditors of the Winkrul;ri
and that the• sort. might come-. in •'under'. -the Coln.
misSion. Besides this, there was an obie-ttion
the transfer, whiCh was' made of this Ship twin tht..
-father to the son; indstnuch, as it .had • not been
-made in the maimerwhich Was-required statute,.
14;16C11 .'Vas COITIMOIIIrciIUt3 aiyLord Havv.kebtiry',
Aet, fOr regura ting. the trod of Registering Ships,
for the better' Sectitit.y of the COMMerce and
Navigation of this Country; -oc.,
:It appeared in -evidence, that' these regulatiOni
were not complied with, according to the opinion
which my Lord kENYOI4_, had,." of the At of Par_
liament in
_question, which iS cOrtionly called Lord
iliwkesbury'S• Aft, an Ad.-which, his Lortishiji
said, made the Public indebted to the Noble Author
of it, being a wise Measure; and beneficjai to trade.
He- knew something of the. history of that A&
Some poinis occurred .to himself, not from any-
,gatity
,superior to what. my Lord -Hawkesbirry
sessed, he'did'hot pretend it, but from the circtll4-
stance of being in the, way
,Of seeing and 'hearing
'cases: in Court-of •Lax V.. He gave that- Noble •
Lord some',hriits,lWhichfie, -with that candotwand.
lidierality which accompany great 'abilities, ,and by
-which that -Noble -Lord is distinguished, adopted
theiii His Lordship.thought that the Defendant,
who was thesctn of the. Bankrupt, did not conform
to this Ad, and that, thereke, this transfer of
the Ship to hint;•• was-not a- regal tranSier ; lint; as
-this was a point of importance,itriti never before
decide_ d, he shotild, alill'ough he h:tel btit little doubt
uponit him Sell, save the point, for
,the opinion of
the .Court, if than should be desired.

There . was -no proof
_gone into as Co ilto fraud of
transferring this Ship by the father to the son in
contemplation of a batil,,,:ruptcy. • .
Verditti for the: Plaintiff;
.datnagea -i000l.;: the
Defendant, uotirtakit to deliver up he Ship; &c.,
Another eaitse \Sias opened, the question of which
Was turned into..a- Special Case, with liberty for
either party to turn it into a Special Verdi& eitc.'
The rest Of die SpOCial Jury causes appointed fQr
the. day, were deferred.

13QI:TON O;..ADSTON.

This was an AEtion upon a Policy of Instirance,
at and from St., ;Thomas's to Africa; during the
ship's stay there, and from thence to Surinam. •
.MI'.7EROCINE stated, ti-.at the fatfts were agreed,'
on, in this ,case, and :the. question whether the .war:.
ranty of Enemy's property ryas fulfilled, :was a
question of I.IW, which they, on• behalf of The
Plaintiffs., contended had been set-tied in. several
.cases already before the Icing's Bench.
TheATTOKNEY GiNER4I. stated, it w,7s a ques.
tion whether the Ordinances of icOlar. Nation's
were binding- as to others. He admitted, that if he
succeeded, he shoul(i' undo -many cases already-de.
cided ; but his opinion coincided With the opinion
which his Lordship seemed to entertain when the
question was 'first agitated. He Aso knew That
high authority in the Admiralty CoUrts of this
Country went: the, other way.
Lord KENYQ.N said, those ordinances, might be
bituling inter se, but, dOubted if they. ought to bind
other nations. . .It.was fir, howcver, that the-worli
should know, that different Courts in this country,
did not hold diffetent'opinions Upon the saint
,ques-
tion, .

It was at len&th agreed among the „parties, to
take a verdid for' the Plaintiff; .subjeft to be turned
itno A special vcrdiii, or put in a .shape, so as, to
receive the opinion of the Cott of the dernitr resort,
if necessary::

COURT OF COMMON PLEAS; Die. a.

StkOR.S CORD ALVANLEY AND. A SPECIAL 3/111,i,

BRUM against 13ZAKE.

Tx is anion was brought by the Plaintiff, • who
was. the Commander of a Danish Vessel called the
Rebecca; against the befendimt, who was Qarain
of the .Nimble Vriv-ateet of Liverpool, to recover
ilamages loran alledird TrespasS, Assaulti and False
Imprisoninent.. •

Maria ChriStiansand, a native of Norway, stated,
that she Was. a pissenger from CarthagenaOn boarl
the Plaintiff's vessel,:, which she understood to be
boand from 'Ailesgina AliOna, Jane, -1799.
''Fhat they were:hailed off. the Coast of Spain by
the Defendant's vessel, who ordered-the 15iaintiff tn.
come on bOar:l with his. payees... That •there was a
vei*r. high sea at, the tiine; and the aliedged
this-as ,an.excu3e for not complying immediately
With the request of the Defendant, who then run
' his vessel against.the_Plaintiff'S,- which thereby re=
ceived injury, and was in some.danger: That the
Captairi. and the Witness being'. at length got oil
board the Defendant's vessel; were detained rri_
soners in the cabin all night, and the next m,:rning
were sent back to-the vessel of the Plaintiff, in a
boat. which was partly -filled. wich.warer, and from
which the scoop to bale ont the water had been
preViutisly taken away by the Defendant ; the sea '
still continuing rough and tempestuous That on
their return to the Plaintiff's-Vessel; they found
it had been pluAdered of most of the valuables and
provisions' Which were on board.

.
Lord A orA E x.would not permit any evidence
to be gone into relative to the taking away any
property on board the Plaintiff's-Vesgel, observtrig
that this was -only a personal Adiop for Asto4tlt
and false Imprisoprntnt, and that an question re.:
lative to the propertK, must be tried before the
Court of Admiralty, or at any rate, come before a
Court of Common Law, in the sirai)e of '.an".ll/2.:tion
against the'Owners.

The "Wt-r. nesl being • asked`-by .the Jtify if the
Defendant struck the Fiaintift. or laid kinds ujx ii
him, shc answered in the negative... •
• A legal argument cusped ber%Vee'n Mr.-Serj-elnt
'CoCKFLCard Mr. Serjeant HE:r f r the P,j.l,lllif;
and Mr: Scrjeant aid Mr. Seljcant

r