The Sun.
London, England, 1812-06-04 00:00:00

klEmen. PAPER 4

DRESDEN, MAY_23.—The Emperors of France
'and Austria are still in this city.
:‘.4ajesty the -Emperor.
Alexander, in his passage through this place, re-
viewed the 4detaelunnts of: artiliery y.rhicb were
at the moment in the town. His Majesty invited
the Superior Orficers and Civil. Governor to dine
with him. Immediately after dinner this Mo-
narch departed, and arrived, about seven o'clock,
at Ostrow, eight German miles from hence.
Poseg, MAY 15.—His Serene Highness the
Prince Viceroy of Italy arrived here 'on the
morning of the 43th, and set. out agaid at nine
in the evening.
BRESLAW, 1\1.4-Y 16.—His Serene Highness ar-
rived here'On the 13tt, from Wortenberg. The
,
Prinee Viceroy of Italy has departed from Glogau
:for Warsaw. .

It appears that a part of the troops. of the
Confederation ef the Rhine wiii.proceed to that
-part of Galucitt which has been• united to. the
Ddchy. of Warsaw:
'BERLIN, MAY 14.—Ycsterday his Excellency
the Marshs.l Duke Treviso- passed thrdugh this
'city without stopping, on his way to Cwitfin. The
Duke Belluno cpunnantis the ninth corns:.

MADRID, MAY 6.—Yesterday his -Majesty held
a Council of the Royal Order of Spain. His
-Majesty deigned Co appoint D. J. Calumny,
Grand Cordon, and Chevalier D. Pedro -Gorda
Navarro, Brigadier and Goyernor of the Fort of
Peniscola..

PARIS, 20.—His Majesty the -King of
Prussia (ac'ordin to letters of the 23'ri. from
Dresden) arrived, in Dresden on the `..5.3d of May.

CII.ELMITZ., MAY 11 —Yeifterfl:lX, in the aftei-
noon Tonr thousand French and,lta;lian troops en-
tered till:: town,, and after reaing a day; proceed-
ed to.,,.::rds Dreiden. . 4 -

FaANKroRT, TU AY 24.--Alraost all the superior
Freneh-Q:licer,- who we.re in Berlin, have left that
city to repair to their respective destinations.
MAY' 17.—According to accounts of
a very regent date from Wallachia, the troubles
in Servia increase, take 4 certain consistency, and
the people openly .express their discontent at the
actual state of things, anti their Chiefs.

COPENHAGEN, MAY 15.—An enemy's cutter,
which,on the 30th ult.. cast anchor near Ilaurweg
Ogg, and disembarked tu'elve men, was quickly
obliged to stand out to sea...--:-%On the 9th instant
an enemy's brig, of twenty guns, wished to seize
some merchant vessels in Flastrand. Roads,. but
they plAced themselves • under the protection of
Fort, de Get, and the brig renounced her project.

ORDERS EN COUNCIL.

rßom THE QUARTERLY REVIEW.
(Continued fro::: our raper of YttAcid:l3%)

2. We now proced to the right of search.
Gro ins, Puffendortf, Vattel, and others, on whose
opinions the practice or it the forign courts of
Europe. has' been founded, condemn, as Ihivfirl
prize,- any, neutral thip resisting -search, on the
ground that such resistance .alone alord.s a pre-
sumption of her being employed in an unfair
trade. If a neutral were permitted. to :supply-one
of the'Belligerents with the'tneaas of carrying on
the War, he Would become to all intents and par-
poses a .patty, in that star, and could haie just
grOttud of complaint if treated as ad enemy by
the other, party.
,But the fact of merchant vessels
carrying- articles countraband of ',war, can only
be ascertained by visiting them. The inconveni-
ence arising to any vessel, so searched, is no
More than a momentary detention on her voyage;
.t extends only to an inspection of her papers, un-
less strong suspicions of fraud should appear.
.The..right of -search for se hen is precisely of
the same nature as that for .goOds contraband of.
-.rar. It is an instruction, as ancient as the navy
:itself, to the 'Commanders of hislliajesty's ships,
to search foreign vessels for English seamen, and
tO compel their masters to deliver them up, and
to pay them, their wages.-- Similar instrtictions
have at all times been .given by the French, to the
cornet zwders oft their ships of war. The practice
.
is. perfectly conformable -to the law of nations.
Every Sovereig,tfhas a right to the services of his
sul..eje.cts
_hitt if, on the breaking out of a war,
these subjects avoid his service, by running on
board neutral .vessels,' which perhaps may be ein-
ployed in -aiding the enemy, the right would be
;a :dead letter if the power were denied of visiting
neutral -vessels, and taking them aut. wherever
found. This .right is, and always ba; been, thus
-e.:ercised by Great. Britain. Every commander
of a ship of war is instructed,

Inp..ne• 'A this' assertion ; ha also been argvied
here, by writers '‘,cifo are in the habit of
fini.?ir;g-rnott things wrong in.the coudnet of their

om.n Covzrn;uent, it ma-- Dot_ be amiss to say a
Ark,: words on the bi,tory .of the claim in ques-
tion which, as we haxe ah:eady stated, so far
from..being a net== otaim.now advanced, is a very
old one, lona- since abandoped. It the instruc-
tions given by the 'Earl of N9rihumbelland, Lord
High Adr'niral of tn',land, to Sir John Penninpi-
ton ,-(late:d the.4th 1640, is,to be found the
follow-111g

.:Is. you meet with, any men, of war; rtercbants,
or Other ahips or ve,;s'els belonging to ally Foreign
Prince or State, either at` s;ta, or in any road or.
other place; whbre you or any of his j......l4esty's

fleet shalt happen to-c.:inae, you are tti send to
see whether' 't,hti,t; be `aay of his 'Alajesty's subjects
on boai:d them ; arid if any seamen, gunners,

pilots, or• Mariners (either EngliSh; Scotch, or,
'lrish) Shall be 'foUriLl'on board any of them, 'YOu.
are not only to cause such of his Mdjesty's sub-
jects to lie'takcn forth,committed, or disposed.on
board, or otherwise, in such sort, as tkey may be-
-forthc.oming, and atts‘ter their Contempt 'of his:
Majesty's PrOcVini. fttion -in .that kind ;.-but also
'Lie:l4ly -to -aihnonish the CaPtain, and, other
CO MManders and Officers in such foreign
ships and vessels, that they do:not receive nor
ente-ita'.n on hoard any oftheir ships, no .more of
his Miliesty'b E-abj,c7.-s, that his Majesty may hai7e
cc use to reselit it at their!hands, &c.'

Tl.is instniction, so far from being grounded
on a 'new claim,' even at that time, had invariably
been acted"upw, 'not in two cases only, and no
more, as the writers above alluded to assert, but
in twenty others. -We shall content ouiselves
with three--The first is, that 'of Sir Thomas
e'Allen, who in .1667; took 'several British seamen
from thre,7• French men of war in the Channel,
'Cpmniendeciby iqonsieur de la Roche.

-The second-caie i that bf Captain Jenifer, of

a
the Saudadoes, wilO, iri consequence of four Eng-

lfshalen being .4311- boarl Dach Aciroiral:s. ships
6-hich,uith-two or three more me,n of warof that

nation, were'lying in the Davent) having written
that he would deinand there, toot. them, on hung
refused, by forc'e. occurred lathe year 1676.

In 162 i, a Dutch man coming into the

Downs, was vi",ited by the English guard-ship,
and foui Scotchmen and a boy taken out of her.

The'Duteh Ambacsidor to• the-Court of London
Complained of this in a memorial, IN-71:11A he ad-
dressed to the Secretary ofa:e. The memorial
was referred to Sir Richard Raitie,s, then Judge of
the Admiralty Court, who argued the point' in

a very able manner. He defended the principle.
on the natural right which Soveretns haveto the
services of their subjects, and on the practice

which had been folio Wed in all ages. He dontelici.

ed that ‘ his Majesty having-this right, must be
allowed to have the: liberty of. means effectual to
this- end, which tainns are, to compel his subjeCts
to do their duty,
.otlerWise the right is vain and
so are the Means,' if they must be used only by
words and proclamations.' The memorial corn-
- •. . ,
plained that this practice -might be inconvenient
to `foreign ships in time -of danger and stress of
Iveather.—,As if his Majesty,' says-the Learned
Judge, (.i..'hould omit his own present right and
interest, in 'regard of 'some future contingent in-
convenioncies, which May, by-the wind and, the

weather, happen to some form n s'iips, andshoula

provide against their dangers, but not his own:—
The memorial goes onto allege that the practice
. would deprive foreign ships of .their men, and hin-
der merchant ships in their voyages and men of
war in their expeditions—c As if }:is Majesty,' ob-
serves-the Judge, must be deprived of the use
of his own subjects, for his own expeditions, that
foreigners may make use of them in.theirs 3'—and
he concludes, 'I do, with all humble submission,
think, that a grant of what is prayed in' the me-
morial would make the Sovereign right of no ef-
fect, and at one blow destroy all the precedents and
eolith-rued practices by which hitherto it bas been
exercised and confirmed:

The complaints Of the Dutch of our unfriendly
treatment of them, in visiting ships of war, in
search of English seamen,
,had indeed induced.
King Charles 11. to bring the matter under serious
consideration. In, 167.71. it
.w-as discussed at the
Board of Admirafty, at which- the-King, as was
not unusual in those days, presided in person.—
The standing instructions- being read, and the
_ first point, regarding the search of foreign ships of
/U. for,English subjects, and the demanding an d tak -
ing them out, beingsubmitted, itwas resolved—qt is
.
our. right, and. to be. continued: It appears', however,
the repysian PaperS; ultimately to have been.
•
'fettled that, although the practice was too ancient,
as w (ails justified by the King's natural rights, to
wake Wry variation in the insthiction, with re-
.s?ect to the demanding them from foreigners, yet

it was judged advisable to IsAve but the clause
which compels the master to pay them their wages,
a being unreasonable on many accounts ; and
though the article of examining foreigners was. to
continue in the pitblic instructions, yet Mr. Pepys
was directed to draw out a private article, ia itruct-
ing opr Commanders to be discreet in the execution
of it to foreign merchantmen ; and as to men of
'war, only-to make 'Use of such fair Means as they
could, ,with Out any force ; to inform themselves
of the, 'lumber and names of his Majesty's sub-
jects on board them, and, if refused to deliver
them up on a fair dernanci, to, report the matter to
the Admiralty, in order that the King may demand
them, together with satisfaction for their detention.
(Rpys' M.S. Collection). We are riot aware that
any instructions subsequent to the reign of Charles
U. authorized the searching of men of war, nor do
we know: of a single instance of the kind having
occurred since 1687, till the affair of the Chesa-

pe_p_te. .
The conduct of Admiral 'Berkeley in this busi-
ness was,' as we have stated, wholly disqproved
by his Government, and he was immediately re-
moved from. his .cnnarnand. 'Tor this. lanamtho
rized act of force, committed against an American
:ship of warilais.Maiesty 'did not hesitate .to offer
immediate and; :spontizneaus reparation.' the
mean time Mr. Jefferson, instead of waiting the
result of his representations to thenritish Govern-
ment; issued a i'iolent • Proclamation, calculated.
to irritate the minds of the American people
`against the English-s—anzi interdicting the waters.
of America to ‘all British; ships of-.car : an inter-,
diction which aras' itself-a measure_ of hostility, for-
astouch as the ships of war' of the French, the:
other belligerent, were at. that time, in full enjoy-
inent of the shelter and convenience.of the..Anrcri=:.
can harbours. Even after the voluntary offer Of
reparation., twice repeated, to the ,utnaost possible
extent of the injury, with the.single provisb
this hostile Proclamation of .Mr : jefferscua should
be recalled, it was not till a few .rnonths-..a.' go:that
the 'petulant and perverse humourof the American-.
:Government *Would - accept -,the tel aration,3 and..
not even Then without an insulting-land offensive
observation frorn.Mr. Rohertkmith, whais-charg-..
ed by the*President .to say, that while. he forbears
to' insist on arty farther pulli.sinnent of the offend-
ing officer, heis not the loss sensible of the justice
and utility of such an example, noy theless.persnad-
edt'n t. it woad' best comport With -*hat is die
from hiSsEritaranie Majesty to his own
There.is'gomething•so ludicrous in Mr.. Madison's
instructing his 'Secretary to convey lessons of
nour.to his Britannic Majesty, that we feel any
any thing but in lanation' at the intended' inSalt.
Cro be eantiimeL)

THE 14LLINGHAM3.—curious.Extract from the
" of Parliament, A. D. 1449, 'l2,7th Hen.
Vl."•:—.-"-Peiecheth 'Syre Thomas. Parr, Knyght,
one of th!.-:. Knyghtes of the Shire in this present
Court of Pariement for the Shire. of Cuinherland ;
that where be, the 14th day -of Marche, the yere
'of bur Lord Eyrig that now in the-24th Wasionting
lba;ards the seyd Court of Parlement, Robert Bel-
lytageham late of
,Burnelshelle in the Countie
of Westmorland, Thomas Bell.yngeham late _of
the same (and three other),
,the yere aforesaid,
Ripon -cirtayn' grounde, called Cornewalesse
grouncle; besyde the Crane in the Warde of the
Vintrye in London, wherby the heygh way of
the said 'Syre Thomas lay to go to' the water-of
• the
.Thantyte, from his lodging, place, and from '
th'ens to this seyd High Comte of Parlement, beying
atte Wegtmynstrefe/ons/y lay in awayte of the same
send Thomas, io the entente to have 'murdered or
slayn and there then to such entente, assante
made upon hym," &c.--And in the subsequent
reign of Henry the 7th, (the year, says our in-
formant, I do not recollect) one Ilerrie (henry)
Bellyngeham attained 'for treason, and his estate
eacheated !

It is a singular historical .fact, that an ancestor
Of the late Mr. Spencer Perceval also fell .by the
hands- of an assassin :-4n the year 1657.; Robert
.P.erceval-; second son' of. the Right Hon. Sir: P.
I'erceval,'Kut. dreamed, " that he saw his, own
'spectre, bloody and-ghastly,. and was .so shocked
at. the sight; that he swooned away." Soon after
communicating the particulars to his uncle, Sir
Robert Smitaell, he was found in the Strand
murdered.
BEIIINGTIAM.—It is true that'Bellinghani was
born at St. Neot's, iiY Huntingdonshire : his,fa-
ther was an itinerant. miniature painter ; and hav-
ing, in the course of his professional peregrina-
tions, engaged the affections of a widow lady ol•
rn soe,property, at St. Neot's, he married her, .and
-Bellingham was -the offspring of their union:: iris
father.-died Nyhiht he was young, and- being an
only child, his mother's indulgence, and his own
ill-temper, 'rendered him a very froward and-im-
patient boy. He was- put• apprentice to a silver-
. smith,in London ; but when he had served 'about
half his time he ranlaway, and was not heard of
,for three years, ivhed he made 'his 'appearance;
and having. obtained from his Mother about four
• hundred pounds,- being the remainder of her for-'
time, he set up. the business of a, tinman in Okford--
street. During the period he continued in the
tin-shop, a fire happehed-in'his house, and great
doubts were entertained by the Insurance Office
as •to the circumstances by which the fire had
arisen. Shortly after this, he failed for nearly two
thousand pounds, and went to Ireland :. here he
met 'with the unfortunate per on ~tihort .the
justly ineensed laws of his country have rendered
a .widow :" she was of a very respectable family
and connections. 13y her ;Deans he got intro-
duced to a )mercantle house at Hull, where,
without any capital, he commenced his specula-
tions in the Russia trade ; the nature of these
Lord L. Gower's letter has fully developed, and
satisfied every honest and dispassionate mind of
-the character of this .unprincipled- and blood-
-
thirsty adventurer.

HIGH WATER AT LONDON 13R EDGE TO-MORROW.
Mornings 17 min: after 10. J Eveiling, 43 olio. after 10.

LONDON:: Printed..,by THOM,..ks WOOD, of No. 36, Mai:lett-lane, Corept.ta..rden; amd Published by WILLIAM ARNIGER SCRIPPS, South Motto_
At the SUN OFFICIi, NO. 112„- Strand, were Advertisements, Orders for thefaper, Letters for the Editcr, etc., (pod paid.),

.fix ~.f

LAW REPORT.

COURT OF -KING'S BENCH, J;; till 3. I

TiK KING V. BEST.

ThiS *.ks an application for having -a co .vie
tion under the Statute of Charles 11. made for
the more due observance of the
quashed,. ,
Mr.. t:.:,'-o,m;m:;,N SF.IIJEANTT appeared against the
-conViction,.whieh Stated, on the information of. a
person named Gorge. Mitchell, that Joseph Best,
of the parish of St Luke, grocer, being, a person,
above the age-of fourteen years, had, on a, etrtain-
ocoasion, to wit, on the 3th ofApril ast, exercised
fits worldly business, labour, or work On the Sah,-
bath day, the same not being a work of necesity.
The information bare that, as the informant. way
passing the door, of the defendant on- the bath
day in question, be ..aaWbini,.the said Joseph Best',
behind his counter, serving a:. girl with an article:
which. he wrapped up in paper, and for v,-hicli.tl)
said girl returned him, payment. in copper. Tha
informer.saw 'the defendant•take the money, upon
which the girl went away,.
The.convictiO then. went on to state, that the
defendant was thereupon convicted in theipenaitY .
of five shillings--two-thirds to the:poor of the pa-
rish, and one-third to the informer._ •

'Lord BononGH---" I do not see: it here
stated what is. the worldly calling of the 'defend-
ant. He is 'called a grocer, but no more.' Neither
is it stated what article it was which he
...winpptli
up in paper ; nor that he. sold it. It, does not ap-
pear upon. the conviction that he acted in. any we."
of his ordinary dealing or business. For any thing
that appears in this conviction, ;top liquet; it; wgs •
not -the proper Form of prayer proper to he. .used
at Divine Service, which the defendant handed to
the girl wrapped up in paper, and that the copper.
w.aS gi-.`en in rettirn for it.—Who sustains. this:cow"
Vicki on

2Nlr.-Com;lc,,N- SERJEANT---" That weight falls:
on !fly Learned Friend, Mr. Garr-)
Mr. OARIt'ONV--" It does indeed, my Lord,, 1,17
devolution fall tsame;not to argue,_but,Lo siippeft
this conviction, and I said last night to my clientr
it was a labbur J should net, be ahleto cliszharL,e•
There is indeed nothing, in this ,conviction exct;'•'t
uncertainty.'' si • _

•
140,14 Ef R -7-- LLENZOQUGH" t certaiiily is xl
unsupportable conviction.—Let it, thireffre, b
quaslicd."

4 Front the LQXDO4V GAZi;rTE, June 2.

Commission in the Ist Regimeut.of ITerefordsiOre
litia, signed by the Lora Lieutwrianf of tiieCcrint.- of
, • • • "
Philip
-Cox, Esq. to be' ;Captain.
Commissions in the 3d-Western Regiment of NorfON 1_0(A31
signed by the .Lord Lieutenant, of the Count;'
Norfolk. • " -
George Crofts, Gent. to be liel3tenant, vice Stevens, resig3-
ed. Fraueis _Vlisoa, Gent. to be En,;,;,:.
Commission ti -IVe;tern Eattalicn of Dor.wts'.!irP Local )11-
litia, sipned hrtkie, Lord Lieuttanit.
Ives Harvey Urguliall., Sent. to be Ene.;:;-.1,
Loyeden Local M,litia.-17ohn.rA.ittle- StereLs,ri, to
Captain, vice Cuot,

•
ThHayruarket Theatre ca-a boast Qf a greeter
nninber "Of`rei:p(;etabf?.-Proviliciat Perforuiers tb.o.
t .0 Alan .get ever er)ll:,_cted on any former se:AP-J.l'
putt. ti.t(u-n posies talents.
likely to secure them good tos ou the witq's
boirds.•
At the ii yesterday, a col!ectil
of 'half-penny ballads and-garlands, pasted in the
Fvols sold for 4781. 155.1 1 This w:.1.5 setting tb°l
.to -.4 prettl tune.
The Dublin Evening Pcst, of Saturday, says)
" This day potatoe were sold in the public sf; s ri'
ket at from is, to Ss. Sd. per cwt. ' • and vit%
experieneed-yesterday a reduction of five shilPD
per barrel."

CORN-EXCIIAN GE, JUNE 3.—This day the 11-I,jr,;
kethas not many fresh arrivals of Wheat,. butt ',.
;
quantities on hand fully adequate to the, dernaes
sales again at little fluctuation; Barley, in 4'94.
supply, in request for the Western counties, !,,,,;(1,
somewhat higher; Fine Mak rather so ; Penske
Beans of each sort nearly at bist ' nricei. i-•
tlll5
supplies of Oats are hut inconsiderable, and , 1r
article, also, quoted at rather higher prices ; Fail,,
in good supply, Mostly from the Xprth eoultr'"
and continues at the late qii6tatiOn.
Wheat - - • Ws. 1103, 1225. Tick Beans.- - - 6654:,
Fine ditto- - - 1331. 1335. Ditto (old)
,- - - Vs' iss.
Rye - -..-,• - 455. s°''' 49
Barley - - -.- 60s. 675. Poland ditto - - t69''.6.00'
I:Taft - - - - . 88s. 953. f Pototoe ditto - - 5,9:' col.
i. White Pease. Cboil.) 80.9.-
.85s. Rape Seed - - - 76"1105"
Grey ditto - •- -70 s. 76e. Fine Flour - - it:lss. idgr-
Beans - -•- 4, ,718: . -Ms. Seconds -, -•- 100 -

COAL MARKET, JUNE 3.
Skip* sold. Price.„ 04. ,
2'ol • . . 425. 641. to 6"''. Ofi•
1 . . . -275. Od. to 00'
4.35. Oth .10

74,,arket.
-221 ,Newcastle . . .
1 ,Cintitis •a. . .
, 1 Culni

PRICE- 'OF STOC]
Bank Stook; 22-2 f
Nary 5 per cent. 994
4 pet Cetit. 75i 7.5
3 rr. Cent. Red. Pi, pi
per &nt.'Con. shot •
Bank L. :Inn: 15-i 7-16ths
Indiu . ,

.S YESTERDAY.
India Bonds, par, Is'Pr°
ad• pars js. rt*
Excheq. ?fills,Ditto, aid, is. pr. pr. ,
Ditto, 3-td. ss. pr.
Itnperial 3 per Cent:sF-fr,
t 4 It
Con 3. for Opening, •

• -On the 24th nit. at'Gnerrp-wy, the Lady of Major - r A!'
rnett, 33th Regiment,. vf.a son and heir.

RJ(2D. t] the
On.the Henry MAII.Exi. of Norton t i
joho
C.AAtily of Kent, to Emma Maria, eldest daughter
Flouiptre, Esq: of Fredvi3le: lit the same Comity. _

• DIM?. '
•On Saturday se'nnight, at the Palace, St. Mar,,..s;
after a s;:it illncs, Caroline,. fourtsu daughter of
Ca
R:, theightISM Rey. 'f
Mai.olionrKalpßh,Bateps, istio of
latore of the 98 (:,k. • 11sSP;
- 0
ment, aged 25, seenfd son cf the late. Rey. ,Dr. rate
-Whalton, "Northumberland, after alingering /1111.t.t 10155-
On 'Thursday last, George, son of :Major-6ene 9 ,—,
man, .of Cumberland-street,. i
,1,1:0Pc1
On Monday, Mrs. Altoorpe, wire Of Mr. James '
Draper Of Stamford. t. •
On-Tuesday, in. St. Martin's, Stamford, 11,/r; C. Pea a age,
• On the Ist inst. Sat Pantouville, at .a very, advauee
Nr. Rob ert byte.' , YA,4',,A
The same day, at Fia.dlowe, in kent; John Car"e' ag'"
On the sd inst. William Bridgcs, Esq. of LiPtteb°l--
60 years.
Lately, at Kingston, 'in Surrey, after a-short 1- -,
G. P. ,Polhill.
Lately, at Castle Camik, in Stifrolk, the Icv. itee'
cey, nearly 40 years Rec4or of that Parish, and Pe."~
tor of Shelley, in the County of Essex.

In treet, Grosvenor-scetare,
nust be addressed,