The Sun.
London, England, 1802-11-22 00:00:00

RATISBON, Nov. A.

THE Deputation of the Empire, in its 24th Sit-
ting, was entirely employed in the consideration
of particular claims and remonstrances. The Au-
strian Plenipotentiary has acceded to the resolutions
of the Deputation, relative to the Chamber of the
Empire, the debts on the territories secularized, the
provision to be made for the Clergy, and several
other objeds.

FLORENCE, Om 25.
•
THE Princess of F.Tituit lA, Who was born at sea,
has received the name of MARIA. LOUISA CHAR-
Lv crE. Their N'Ljesties are hourly expeded back
from Buredona.

LAW. REPORT.

COURT 9F KING-,s BENCH, Nov. zo.

SITTINGS ILE.I-0,1tt.V.1.: JUSTICE LE BLANC, AND A SPE-
JURY 3N GUILDHALL, LONDON. •

.COLLET'AND ANOTHER V. LORD KEITH.

TIT wad an ;Aetion brought by John Collet
ikrAnthorilt.Butler, Owners of ihe'Ship Argonaut,
and leer Cargo, against, the Defendant, the Right
1-16 n. George tura' Keith, for damages, on account
'of the' Defendant's having, seized' the said ship,
whereby she became wholly lost to the Plaintiffs,
t.)gether with her cargo. '
The Defendant pleaded the general -issue of Not
Guilty, and five other Pleas-, by way of justification
of his conduct. The substance of them was, f.l That
at'the titne of-taking the said ship, the Cape of Good
11o.pe was :in 'the possession of the King of Great
t:ain by .conquest ; that 'he was the Commander
in Chief of His Majesty's Naval Force at the
Cape, and that he had reason to strspeEf, and did
suspeti that the said ship was• about to carry on
correspondence with the Enemy, who were expeaed
there ; that therefore he seized the said ship 'for
the preservation and safety of the Settlement, that.
is, in short, for State Necessity, as it was lawful
for 'him to do ; that when this seizure took place,
there vas no new Code of Laws given by ,the Bri-
• fish to the Settlement, and therefore the old Dutch
taws cOntinued, and that he submitted the cause of
the detention of the Ship, to a Court of justice at the
, Cape thiat for the purposes of State Necessity; he
in' conjunction with his Colleague, Sir Charles
Craig', laid _an embargo on all ships at the Cape of.
Good Hope, at this time, and that he kept and de-
tained the said ship under the authority and pro-
ceedings of the said Court of Justice, until by the
negligenee of the Plaintiffs, She was lost." This was
the substance of the Noble Defendant's Justification.
To which the Plaintiffs ref lied; that the Defendant
seized and detiiined the said ship of his own wrong.
There was another Plea, stating that the De-
fetadant detained the said ship as an illicit trader ;
but which Plea was not justified by the Defendant.
The substance of the case was this—in the year
`1796, the Plaintiffs, being the owners of the ship
Argonaut, Collet, one of the Plaintiff's, commanded
her as Captain, and sailed froth Philadelphia to
Eurtwe, with a cargo of flour upon freight; rived
at Brest in July, .and went from thence to Boor-
deaux. She proceeded to Madeira, there took in a
cargo of wines and brandy, and some British goods,
and proceeded on her voyage towards the East Indies.
On the d of Augast she arrived at the Cape; where
the Noble Defendant was -the Commander of the
British Naval Force. She put in at the Cape, with
intention, as the Plaintiffs contended, of staying
only four or five days, while they took water and
some refreshment, but which my Lord Keith sus-
petted to be for the purpose of giving information
• to the enemy, and making' use of .her neutral cha-
raaer for that purpose, another ship
.having done
so the-preceding day, and Admiral Mitchell's fleet,
as well as Richerry's, being hourly expeeted..When
the ship came in; =Officer came on board the ship
immediately, to examine her papers. On 'the 3d

of • August Captain Collet went on shore to go up
to Cape* Town, and in the evening of • the same
day, about six or seven o'clock, there came a Mid_
shipman 'on board, together with a Corporal and
eight MarineS, for the purpose of preventing com-
munication with the shore. The ship was removed
on the 4th into another part of the Harbour, and
continued under the care of an Officer sent by my
Lord Keith. She was continued always under such
care, nor'was the Captain, after he camehack from
shore, permitted-,to go on- board the, Admiral's
ship without a guard. So that there was no ques-
tion upon the-seizing of the ship by the Defendant;
She Was removed by order of my Lord Keith,Nout
of :a place in which
,she was, and where she Must
have been blown w atoms in case a French or Dutch
fleet came in, and placed in a situation intended.for
het' security, where she was kept for some time,
and :after some correspondence took -place between
my Lord Keith and Mr. Collet,- in which his LOrd.
ship said, that none of the treasure should be taken
from her, but that whatever might be wanted for
her protection and safety, Mr. Collet might haVe
for asking ; but Mr. Collet abandoned the ship,
saying he would pursue his remedy for an illegal
dete.ntion 'of her. Lord Keith said, he would take
- the whole charge of the care of the ship -upon him-
self provided Mr. Collet would, by writing, ye-
linquish her,, which, Mr. Collet •refused 7 to do.
Some time afterwards she was lost by means- of a

tempest. -
• Aftev this an 4aion *as brought, the
.iitle of
which was Vtzilson Maryat, again►r the Under-
writer, who had underwritten pars of the property
in this voyage, upon which my Lord. Keith was
examined as a Witness, and proved that. at the
tithe of the loss, which 'happened in*this case, the
ship was under his Lordship's 'restraint, and, he
being the representative of the King of Great Bei-
Lain at the Cape, the ship .was proved to be under
the restraint of Princes, which being a risk within
the policy, putan end to the question upon 4hat
issue.

. .
the Public bebt of the Country, is but too. notori-
ous; and, that others equikpy as bad, , encourage'
them by receiving the articles stolen, is as -true.
The magnitude. of the punishmept for, this offence,
one would think sufficient to present the
.Cptn-
mission of it ; yet, notwithstanding the sevefity bf
the Law, offenders seem to increase. Finding Utak
former penalties have •Iteen inadequare, the: frgis-;
laturc, has, by) a late statute, thought fit: to.inftit'l
the same pdOiShment against, persons.having Nfjval
StOres in their possession, as it ,h2,td before infliCted
on receivers of stolen goods, namely„ Transporta-
tion for fourteen years. It : is highly necessary
this Law, should be ptiomUtgated. It seems from
`theevidence, that you are by trade a bricklayer,
and also aa as a carpenter in the erection of
houses of your own. In one of those hOusei it
appears you'employed new nails with the King's
mark- on them,: .and you admit you purchased
thrm of children.; No man who, liveS Wheie yon
do, could doubt as to the place fiom wherweSach
articles were taken; and to buy theth of children,
is encouraging —them, in
to
PraCtice which' must
ultimately bring them to ruin. The Couit- has
taken all the circnmstances yob have alledged in
mitigation ofpunishnient into its consileratiOn„ arid
it does not infliet on you all .the severity of .the Law,

Op the. tjth instant, Mrs. Hopper, aged'.sz, wife of john.
Hooper,. Esq. of Bentinck-street. .. . . . .....
On Thursday Jast, at Brighton, in the seventh year of his
age, the eldest son oliatifeS Morris, Esq. of EastliilL : - . -
The same evening, at his chambers in King's-Bench-Walk,
Temple,
lion. Society of Inner Temple. '
• The same day, ,Mr. Moses William Staples, late a_Banker
in cornhilli . . .
,
At hnbletinnont, on theith inst. Mrs. Lindsay 81iiir, of
Ardblair, spouse of William LindsAy, Esq. Of Spynie.
At C 3 lasgpw, on the 6th inst.- Miss Elizabeth Kennedy,
eldest daughter of the . Rev. Mr, :lohil Kennedy, late of
A Lighteraw.
At Vellord, in the Carnatic, EaSt Indies, Lieut. I-leaor:-
14I4equarie, of his Majesty's 33d Regiment. ' .
On the 17th ult, at henhouse in Hampton Wick, Middle-,
se*, Mrs. Hannah Butler, wittiw 'of thelate Thomas ?Att-
ica, Esq. ofliatchani Manor, Sur-ey. '.- ' - • , ••• ,-•

UCHANA N how-strret, Covew..(:,,nien); awl Pubtisbcd by ILI. A m 1,. :ICR '.ot South Mo! ton-street, Crozvenor-squarg);
• .• _

address you on the incomparable excellence of you, 010
valuable Medicine, LEAKE's PATENT PILLS. V,' t
Spring of this year I. had the misfortune to-cOntrael a "',ef-,r..."
real Complains, attended with the most ,alarming and led
germ
,symptotns; insOrnticlis, that I have been conni.tif
to my room for a ',hole week.- 'together, and nor able to 5 5r
out of it ; I had no'rest•night nor tlay, and suilbred the DV.,,
excruciating, p weak
and.; torment, and what was still w°l: 01-
my eyes grew eak. and dim, so. that 1 could scarce dis(iess
any objed, if-ever so close to me, and expected nothing
than the total loss of my sight.—From
a stout, heals.`d.,i,
and rather corpulent man, I becarne-a mere shadow,, all 010,
objed of pity amrcoMpassion. My friends had all grveilit-01t
over, and thought my recovery impossible. In this drex-to •
state, and expecting every. minute to be ,thy last r 0
world, I was fortunately recommended by a neighbour. tiv
try your Medieine ; but-havirtg""tried- all medical aid oiole%
purposel• and being at an enorinims eipence,,it.was some ;,11r
before I could be prev tiled on to'takc .them ;•f at last lon,
for six boxes, and before I had.takeri them all, 1 foil" z,•
sU:rabic benefit; Inv pains. gradually decreased, and 111 Y
sight grew better, and, to the,• great bur prize and asto,•.4 10!",
ment of all my trielids (after taking three boxes more/toy/
health and stit,oth \Vas , perfedly restored, and I 3111 well
;thanks to my God and v,;ur invaluable Medicines) a'
and hearty as ;ver I Wrati.:ll :Ily •
You are at full liberty to this in any I'l.-4.14°
you think-puiper, for-t;lir—tplitetit: of savietr 0.
which I should 11410 scot you sooner, but was, leoc!a.
relapse. I remain, With the nimost gratitude, .c /614'
Dear Sir, • your Obliged Ithinbk Servant, It. L.
13irminghain,. Nov: t, i 799. • 'd to. of.' •
above I\lvficine is earnestly (CCOITIBICIIde ' froe
Persons that are in any doubt of their being entireiY.alter",
every Venereal Affeeparticularly_ -particularly...to those ahou'alloto:
ing their condition in litet as is
..•wilb-certa,intr•_etrii„,4, O.
every taint of that nature, of however long st.'"i_o'fiter'
howevdr disguised uhder the appearance of Other- (•.''cdiji,
it may be; tor. Scorbutic; Glandular, and Cutaneot?•s.,ily it
pkaints„ it is also recommended, to be talien,
th6'Springi Surifiner, and Fall. • g
A -
Preparet • and sold by the sole Proprietor, THoTmovadn,
,„e
'Loa :Nlember of the Corp Oration of Surgeons, will Pl'A
hirti l'iouse, No. 9, New Bridge-strees; where 11`
Advice, without' a fee, to persons taking these the
answer Patients' Letters, if post-1)40, ",..,,wcy
teeters, observing in all cases the most. inviolabit; t'it. a, if
:Patient's naine-or case having beeii mentioned! L, 0'05'2
own particular requeet, by the Proprietor, durirp,,,!.illeclilig
of.mure than, 35 years, that he has had the collie fiactic"
an exiensive sale of the above Mcdicitict arid'
arising. therefrom. ~r• the pr,..•
id • They arc s° sold be his appointrne ~ n ;
,fir. 1,6
fume( No. 35, ht. Albatt's-strect,
1)cl-4-on's Toy-slit2p,, No. to 3, xford-street I. ;1•,, one
t, Union.:rovc, Liftie Tow&-hill; and bo;)1.,
sOti in e'very considerabie Town in England 15:1. lain
,`olPti/•,23...9(1. each, ,sealed. with: fail' all ,nre" •
~'hereby Persons of either Sex may • wit's,
-
selVes ;'Each.W ease and secrecy." • sealed 1111,r
N. l3ex sold in Great Britain iscrijoi4iPte,,tr',
a •-Stamp wh,ich,...by favour„ of
.the C 9 0. 9', othef
iprinted at the, Stainp-Oliije—,, Tivior, v.,' 31.,
iltidge-street,"—to ithitate which is
ro-counterfeit. . •• .