The Sun.
London, England, 1812-07-31 00:00:00

mRENCII PAPERS.

PARIS, Ivry' 20.—.,Yesterdaf her Majesty the
Empress walked at six o'clock it the evening, ill,
the,park of St. Cloud, amidst an immense crow"
assembled from Paris and front ,its environs,
enjoy the presence of their august Sovereign:
Palos, JuLr is -by no means certain;
say the letters front \Vilna, of the Bth of JulY'
that Prince Bagratiou eau rejoin the army of the
right on the Duna ; and in that case the situa-
tion of the clussiatis•would be still more distress-
ing. The manner in which they retire, shew 6
that they have no plan. They march without
order, and with a confusion which spews dead,'
that they have no system of retreat. ,4t is dit
cult to understand, or to conceive this manner 0'
acting, aftento many menaces and prdparatiou3,
which appeared.to announce an intention to act'
on the offensive, or at least to.defend the passage
of a great river, and to maintain themselves in a
vast,province: Wha appears certain is, that the•
enemy did not expect to see the French army _s°
soon. Its rapid arrival on the Niemen, has Well
like a thunder-stroke, which lids 'thrown confu-
sion and doubts into the Russian Councils. rile
whole army is in the grandest condition, uo",
burns with .desite to come hand to baud with the
enemy.
At a moment when all eyes are fixed upon .the

Grand Army; it is interesting to reflect, that not'
withstanding the distances, thereri is a very promPC
and easy 'train of communication between that
army and the States which support it with their
resources. This train of comniunicatioa is fbnuid
by the rivers, lakes•and canals, in a rep 1-tr witY,
and, by means of a wise and regular Administra"
tion, the magazines of the grand army, Accordit4
as they empty themselves from the Vistula hit°
the Niemen, are filled anew by fresh supplies
poureee, in successively froM'all.plaees with whieb
this _extensive line of navigation communicates.
DRESDEN, JULY 10.—Yesterday a Deputatiot
arrved here from Warsaw, consisting of the
Prince Jablownowski,, and' the Ilarons Rasto-
weicken, Garnecky, ,and Itos!nain. Its missiolt
relates to the events which took placeat Worsavcr,
on the 28th Jime.

LEMBERG, ,JUNE 26.-1 ditision of Austria°
Chasseurs has arrived here, and is to proccea
farther.

JuLY 11.—The allied artily has taken
possession of -two considerable magazines at to-
langen. A great nuinber of English merchants
are quitting Riga, and the other Russian pori,t-s.
in the•-Baltic. Ninety-three of them have 1"t
Lieuhau. •

AUGSDURG, JULY 12.---The business of the or-
ganization of the-Bavarian Clergy is now finisb-
ed. There are to be in this kingdom an Arcli7*
bishop, and nine Bishops. The Estates of t"
.09ier of Malta, which are not v&t disposed of,
are to serve for the endOwmentS of these Bishop"
kicks. The Protestant, Churches of the kingd(l3l
of,Bavaria, have a Consistory,General at Mullion;
a central Commission at Nuremberg, for the eN-a:
mination of candidates ; four Deaneries Gene:lLl.?
and fifty -four Deans
.of districts.

LAW REPORT-.

COURT OF CHANCERY, JULY 30.

WINS roN v. AIORIUg. ,
This was an application on behalf of Me,ssrs.'
Colman and Winston, the joint proprietors (/*
this Theatre, with the defendant, to compel the
latterto pay into Court, on account of the jojl.t:
Concern,. the sum of 7501. which be admitted tv
have received and applie i to his own private rui
poses ; to compel him to pay into the- BaPk °
Messrs. Ransom and Co. the receipts of the night's
• performance on each succeeding morning, deduct-
ing weekly thereout a sum not exceeding 4001-o,r
contingent expenses ; to pay to Mr. Winston 1"5
salary of 1001. for the last season, as stage g";
nager ; and to pay him weekly his proportion 0'
the same salary, for the present season.
Mr. LEACH, Mr. WETHEIIALL, and Mr. Tno",“'"
SON, on the part of Mr.. Winston, and Mr. 11%0';
on behalf of Mr. Colman, were heard at gr"`
length in support of_ this motion. They stated,
that Mr. Morris had adinitted, by his answer t°
•the bill filed in this cause, that he had in b";
hands the sum of 850/. one hundred pounds o
which was Mr. Winston's salary for the last se;''''
son, which he withheld froni him on dip gromljs'
that he bad been appointed stage-manager Witly
out his (Mr. Morris's) consent, and the reinai'l;
ing 7501. Being the balance of the profits of 1-11,
lasts season b'elonging to the joint concern, he a'
mitted he had appropriated to his own private purl
poses, arid refused to pay into.the Bank, to the
t
credit of the joint concern, upon the grounds,
in consequence of the mismanagement of Messr.'.
Winston and Colman, and by their making iinr°ll-
(lent engagements with performers rithottt his COl':
sent or concurrence, he ha() sustained losses to that
amount ; tbathe had not paid into the Bank, 11l
the joint name of the concern, the nightly reit
ccipts of the Theatre on the following day,
by the terms of the articles of agreement he wa'
bound to do, but had paid them into the Bank,
in his own name, by which means he had the ell-
tire tout ronl over these sums-; that he had ati°
retained in his, hands a net sum of 4001. Weekl)'
to pay the sOlaries of performers and-otheF 0)71-
tingencieS, which, by these articles, -he 'had
--- ",
right to do,:only so much as would cover t-11°'''
contingent expenses ; and in this manner had ar
rogated to himself,_ in his capacity of treasurer'
I
Ole power, of arbitrator and judge in hi; OS'
cause—all which was contrary to the,express teruls
of the articles of agreement. . -
Sir SAMUEL ROMILLY, and Mr. BELL, for Air"
Morris, observed; that this was a contest not be;
tween Mr. Morris and his partners, lint betweet_
Messrs. Colman and Winston, and the Court, f°'
no sooner had his Lordship made an order upon-0°
application, than they came with another, contru;
veiling the opinion of his Lordship. On a f"l.ll',e
day, a motion was made, praying his LordshiP ,
dismiss Mr. Morris- frbm the Treasurership, g
Tld
appoint another in his place, in which his LordshiP
refused to interfere. They now came with PO
ther motion, to compel his-Lordship to becorl° • ,
the Manager and Treasurer of this Theatre big:-
self, and it would not be surprising, if, bye and 13/0;
they came to his Lordship to decide upon the ch°`

,
Of Performers) and on the merits of Mr. Alathews
and other eminent actors they might be about to
engage—thus - controverting the judgment of his
Lordship at every step, instead of submitting-to it.
gorris had refuied to pay Mr. Winston's salary
of !Ist year, beCause he was appointed -Stage-
manager without his concurrence, which by the
terms of the articles, they were bound to have.—
lie had also retained in his hands this sum of 7301.
In consequence of the- improvident manage-
/tent of Messrs. Colman and Winston, by which
he had suffered that loss, and which by the ex-
ress terms of the articles, he had aright to
Mr. Morris,' had 'moreover, paid into the bank
evety shilling he had in his possession except the
- 4tlot. weekly, and this he 'retakned to meet the
contingent expences of the concern, which. were
variable, and without which it was impossible for
- the Theatre to go on. fle had also paid the mo-
ney into the Bank in his own name, ~becaus,e
when he paid it in the name of the joint concern,
lessrs. Colman and Winston served notice on the
not to pay any drafts which were not sign-
ed by all the parties, and by this means defeated
the objects of the Theatre, which must be closed,
unless Mr. Morris had the power, as Treasurer, of
flaking the • necessary disbursements.. Under
these circumstances they submitted the motion
ought to be refused.
The LORD CIIA&CELLOR said, that if he should
- make any order upon Mr. Morris to. pay these
-"lts of nioni-y into the Bank, it should be. Kt the
xpresS' terms, that the other partieS would not
Prevent his having the power _to make the neces- „
lary disbursements (without which the concern
'Would not go on for one hour), by serving these
Sort of notices on their Bankers. These causes
' had now- been pending in that Court near five
- Years, and unless the
,parties were determined to-
, tally to ruin the concern, in requiring the inter-
ference of the Court upon all these applications',
'they would bring their cause to a hearing as
speedily as possible, and any order the Court
laould make, would be with this view. It vas
not until of late years that the Courts had inter-
fered in questions of this 'sort ; but since Lord
Thurlow fell in love with the Royal Circus; they
had been frequently brought before it. in the
Present case the _ parties had entered into a
Partnership, which by the terms of it, was per-
, Petual, that was, it was to last to all eternity ;
end in their great wisdom in forming tilis indisso-
luble union, they had introduced matters into
.their articles of- agreement, Which he defied any
loan in the world to understand—and he doubted
tiuch, whether tie and the Master of,the Rolls,
With the assistance of all the Masters in Chancery, •
eonid.make any thing of it.. it WAS -to be wished,
therefore, that the same rule prevailed with regard
to the'se matters in this Court, as- in the Court of
king's Bench and other Courts, when in nautical
Tiestions they had the -power of calling to their
kssistance the elder brothers of the Trinity House,
4141 that in deciding • upon these questions, he
could have the assistance of some experienced
l'ianager. For himself, he confessed he Was en-
tirely incompetent to decide them .; and so bad
teas his taste in ttese matters, that he. should
refer the performance on the East side of the
41ayniarket to that on - the West—he repeated
!I'ls, although be was aware that in giving
ipe r
at opinion upon a forme. occasion, be
eame the subject of much calumny and
°lihnadversion. If this sort of litigation was
1° Continue mdieh longer in the way it had gone on
,°,r some years-, it would be expedient for those
.110 were so anxious to expedite the business of
the Court, by the interference of the Legislature,
erect a branch of the. Court 'between the- two
Theatres, onthe east and the west sides of the Hay 7
karket, for during the last two Seals, the greater
Portion of the time of the -Court had been taken
P • in controversies of this nature, while the more
'alportant business of the public was delayed. In
‘/I.der, therefore, 'to decide this question, with a
e'ew of exediting the hearing of. the cause, he -
uould read over the articles of agreement, and the
4ltdavits on both sides attentively, and give his
Pinion on a future day.