The Sun.
London, England, 1802-02-26 00:00:00

PARIS, Pea. cg.

The GRAND SEIGNIoR has permitted the Arme..
ntan Nation to chose a new Patriarch, as a schism
turas apprehended if he had been chosen, as formerly,Y a deputation of six persons.
We learn from Corne that JEAN de SAL IS, WhO
had been under an arrest, has been released. A
mall body of French Troops has entered the. Gri-
zons, to'hiaintain ,tranquillity there.
JBY a Decree of the Prefedure of the Seine, two
uries are charged with the eledion of Professors of
,e
Central Schools at Paris, and the general super-
In,tendance of these Schools. One of these Juries
shall be for the ancient languages, history, and le-
-Islation, and shall be called The Jury of Belles
,ittes;" the other for mathematics, physic, che-
ofstrY, natural history, and design, under the name
The Jury of Arts and Sciences." MOR E.L L ET,
MALLS. and Durtiux. are to compose the former ;
GR
-IceAux, PRONY and VI EN the latter.
a,
lOwThe auxiliary brigades which the Swiss furnish
s °France, count more deserters than effeElive men
s.
is S. as they remain in Switzerland; but such of
them as are in France receive daily reinforcements
'3l their countrymen; so much are the Swiss attach-
ed to foreign
• service.
The ROPE has addressed the following Brief to
',lose Bishops of France who have given in their re-
tignation

PIUS VII. P. P.
• ti
- vxtlea..a.syt EASTIIREN,
" The new and admirable proof which you have given of
YoUr constant zeal and unceasing desire to
preserve in France
the Unity of the Church, and to re-establish the tranquillity
of the Catholic tteligion, when, after receiving our Apostolic.
Letters, you have voluntarily abdicated your Bishoprics, and
freely resigned your Churches into our hands, has raised your
merit tb a_degree worthy of the highest admiration, and has
given an eclat to the superiority of your virtue in the cycs of
the Church, which renders you entitled to all those recom-
Pences which those deserve, who seek not their own interests
but those of the Almighty.
" Now that you are disengaged from all those tics which
attached you to your Dioceses, we wish to express our lively
gratitude for the promptness with which you have obeyed
our Pfernal Counsels, and by which you have placed us in a. situation tb adminis'ter to the wants of the Church, without
mating with any obstacle. it is for this reason that we
shall ever offer up our Than to the God of Mercy,:
for the consolation and the comfort which we have receiveu
for the
new proot of the greatness of your virtue, in the
midst of tnisfostunes from
''st hid "
; you could not be er"ted,
and for that celestial assistance which fortified your souls,
an
d enabled you to offer this memorable sacrifice with so
much glory and advantu' I ut the Ctiu 6e to yourse and ves
" Accept the assurances of our continued real for your in-
terests, and our Apostolical Benediftion as the pledge of
Mit sentinients and fraternal lo' c-11

The followin Note has been delivered by
Tthe
faron Von Rtl EN, the Envoy of. Brunswi
e
ilenbkirgt and it will also be communicated to the
Courts
of Vienna .and Petersburg :
^3 it has been deterrnined by the Peace of Luneville,
r 31011 Temporal Princes as have lest a portion of their
tht
ve, yr the cession of the Lett .tsank of the Rhine to
French, conformably to the basis established by the
Con?
at 4 Qtess'et Itastadt, shill be inderntlified by means of Semi-
li:ialk"asi this Provision plainly implies that suclt Indem-
t? i
4lteations shall bring no detriment whatever to the Ternpo.
Princes, nor any portion of them be laid on their Territo-
ries.HlS Britannic Majesty'takes it forgrantecl, with regard
to this point, that in the proposed Indemnifications, the Bi-
61oPrie of Osnaburg, the 'alternate succession to which is
fixed in his Family by the Treaty of Westphalia, will neces-
sari!), be twitirely out of the question. His Majesty and the
House of Brunswic have also under their protedlian the
State of Corvey and the Town of Hoekster: These Right
and the Pretensions arising from them, cannot be withdrawn
from the House of Brunswic, but must be expressly re-
served to it: His Majesty has also indisputable Pretensions
to Hildesheim, which have always been acknowledged and
eannot be given up. ' His Majesty will, to the utmost of his
lower, support these Pretensions. Much as His Majesty
desires to retain a good understanding with the Courts inter:
ested in thesearrrangements, he does not scruple to declare,
That the Bishopric of Hildesheim Is so connea4bothgeogra-
phically and pktically with the Territories of Brunsvvic
Lunenburg, that it can on no account pass into other hands."

IenFRANCFORT, -Fes. 15.---,While the greatest si-
ee is maintained at Ratisbon with regard to the
;n!lenlnities, some German writings on that subjea
.xcude the KING of PRUSSIA from any participa-
-I°ll in these affairs. These writings are generally re-
futed At by the Prussian Journals with severe satire.
, by
they di) sot fail to represent the projeas
of the Court of Vienna as destruflive to the equi-
librium of Germany. It is particularly observed,
" that the House of Austria acquires an immense
preponderance in the Einpire, by the btrKt. of
ToscANY receiving his indemnifications •
contiguous
to the Hereditary States of Austria." If this point
be taken into consideration along with the acces-
sion of the State of Venice, Austria acquires asto-
nishing advantages by a 'War, in which her Armies
have experienced continual ref' ernes,
Though the indemnity granted to the PRINCE of ORANGE may equal that granted to the DUKE Of
TuscANy, Prussia .acquires no counterpoise, for
What might be expeted there from arrangewent, is
already attained by consanguinity. In addition to
this, the Brisgau, Colnne and Munster are united
in the House of Austria ; from which, it is plainly
the interest of the Cabinet of Berlin to give affairs
another diredion.
Austria has. formed extensift plans :—PrusSia
ought to render them abortive, or to execute her
own, in order to establish the equilibrium of Ger-
-111 any by a proportional extent of territory. This
Is the only step. which the' Empire can take, as a
War between Prussia and Austria would lead to its
total dissolution.

BERNE, FEB. /O.—Citizen D2LOES has been
'sent to Sion, on the part of the Helvetic Govern-
Inent, to protest against the measures taken by Ge-
nsai THURUAU in the Valais. Our first Land.
Bann has addressed himself also on the same subject
So the Minister of Foreign Relations at Paris. The
iNurreaions stilicontinue.in the Italian bailliages ;
I.:d troops have been sent that add to the Grim*.

Ft.ettket, tin), Gittette of this City
has given, as having been deposited among the Afts
of the Committee of the Cisalpine Government, by
the French Minister PETI ET, the following paper :

Paris, 4th BrlZOtairC.
EXTRACT TROM THE REGISTERS OF THE DELIBE-
RATIONS OF THE CONSULS OF THE FRENCH RE-
ruscic.
The First Consul resolves,

Art. I. Dating from the xst Pluviose (Jin. zr), the Treb-
bia shall serve as the limits between Lombardy and Pied-
mont.
11. All the country situated on the right bank of that
river to the Enza, shall be united to the Cisalpine Repub-
lic.

CORN EXCHANGE,

February z 6.

Tits day we had a middling supply—Sales
rather dull.—Some few samples fine d‘'Wheat went
off at Is. advance. Rye, but little comes to mar-
ket.----vats plenty, inferior sorts continue cheaper.
Flour nearly as before.
Wheat - 6os dos a 78s od
Fine do. - Sos a Scs od
Malt' 44s 48s a sts od
Fine do. -52 s a 535 6d
Barley - - 405 a 44s 6d
Rye : - = 4os a 42s od
White Pease 38; a 41s od

Beans (new) 3os a 34s 6d
Tick do. zBs a 32s of
Oats - - -16 s a 21S od
Poland do. zzs a 235. 6d
Rape Seed 321 a 351 per last
Fine Flour 55s a 6os per sack
Second d0...50s a 55s per do.

A new Piece has been brought out at The Theatre
'Republique at Paris, built upon the sufferings
of Prince CHARLis, after the defeat of the Rebels
at Culloden in the year 17.4.6, but from the ignorance
of the French Author in History, he calls his Piece,
instead of Charles, " Edward in Scotland." The
persons introduced into this Drama are the Prince,
the Duke and Dutchess of Athol, the Duke of
Argyle, the celebrated Miss Macdonald, and some
inferior charalers. This Piece was received with
the greatest approbation.
Mrs. JORDAN, it is to be hoped, will now soon
be restored to the Stage.

Mrs. DAMER we hear, proposed to have the
DigetantiThentre open with the revival of BEN
JoNsoN's old comedy of Epiccfne.
By the French Journals, received last night, we
learn the death of DUFRESNE, Councillor of State,
and Director General of the Public Treasury of
France. The First Consul, on the day of his decease,
addressed a letter to the Minister of Finance, in
which he fully expresses his regret .at the event, as
well as his confidence in a future life. At five
o'clock in the evening of the 19th inst. BARB E-
M4)1.1101S, Minister of the Public Treasury, de-
livered a long funeral eulogy on the occasion. The
Bust of DUFRESNE has been executed by the
Statuary MAssoN, who never had an opportunity of
seeing him, but it is said to have been well done,
though the contour of the face was represented
merely froth the description of friends.
Perhaps a more gratifying spectacle, naval or mi-
litary, has not been exhibited this War, than the
landing of the 26th, or Cameronian Regiment of
Foot, at Plymouth, on Monday :—On an intima-
tion being given that the Regiment was to land at
two o'clock, from the Transports Nos. 8 and g,
lying in Catwater, at Catdown, the populace as-
sembled in great numbers, in all parts of the town,
and froM Burtons side to Catdown, expecting their
arrival ; the band and drums of the 24th Regiment
attended the 26th; the line of march was almost
impeded by the immense crowd of people of all
ranks and degrees,, to pay a due respect to those
brave•fellows, who were partly the means of ending
a long and expensive War, by their, gallant exer-
tions in Egypt. When the head of the column
passed the house of T. Lockyer, Esq. at Teat's_
hill; he hoisted the Union Flag at his Flag-staff.—
When the Colours of the Regiment passed, a Royal
Salute of 2.1 guns was fired from Mr. Lockyer's
battery on the occasion, which was answered by
three hearty cheers from the multitude. The Re-
giment proceeded through the town to Frankfort
Barracks, amidst the acclamations of all tanks of
people ; in short, the streets were so crowded, that
it was with difficulty that the Regiment" could keep
the line of march entire. They are fine looking
men, and , appeared to feel, both Officers and Pri-
vates, the very just compliment paid to them as
Britons and Soldiers.

The Doncastir Trarsport, with two Companies
of the z6th, has been missing since a gale of windin the Streights, when she separated from the rest
'of the Fleet.

Died, in London, on Thursday the i ith inst. of
an abscess in the lungs, a few days only after his
arrival from the West Indies, Lieutenant JAMES
IVPHAttc, of the 67th Regiment ; a young man
whose military talents and accomplishments ren-
dered him an honour to his profession. Endowed
wjth a heart naturally open to all the manly senti-
nOrs-Of friendship, his manners were-amiable and
.eugaging-, and endeared him to his brother Officers,
by whom his loss will long be regretted, and his
memory duly venerated.

Last Tuesday night, about eight o'clock, three
youhg men were going along Cheapside, arm in
arm, incommoding every person, by occupying the
whole breadth of the foot pavement. Mr. CANNER,
City Marshal, seeing their conduff, remonstrated
with them, at the same time telling them who he
was. One of them struck him a violent blow in the
mouth ; for this outrage he was secured, and lodged
in the Compter. Next day, regeeting on his beha.
viour, he entreated forgiveness of Mr. CANNER,
which was granted on condition of pto,licly asking
pardon, which to readily agreed to, promising not
to offend any other person in future.

A similar affair took place yesterday. A sailor,
half seas over, seeing three young bucks walking
towards him arm in arm, in the IVlinories, who took
up the whole of the footpath, he stood still, and
swore a volley of sea oaths that he would break
their ranks before they should pass him that way.
When they began to call his condua into question,
without further ado lie began to deal out heavy
blows amongst them, and in a trice drove them into
the middle of the street, knocking them down one
after another, much to the satisfaCtion of the be.
holders, and at last compelled, them to seek for
safety ir. flight. ,

t ATV REPORT.

COURT OF icjNG's BENCH; tir't.sDAv, Efult.
BEFORE SIR aCUIDEN 'LAWKINCE AND SPECIAL JURY.

WATERHOUSE V. SIR RICHARD KING) MART•

Mr. ERSKINE sjid this was an A&iori brought
by Capt. Waterhotise, of His Majesty's armed
ship Reliance, nominally against the Defendant,
Sir Richard King; and the objet of it was to ascer-
tain, whether the Plgintiff was entitled to a share
of prize money for cert-iiin ships from Holland,
which, at the breaking out of the Dutch Revolt'.
tion, were detained at Plyinduth, and afterwards
condemned and sold as lawful prize. The. parties
brought the cause forward' without the slightest hos-
tility towards each other ; on the contrary, their
only wish was, to obtain such faas, partly upon
admissions, and partly upon evidence, as would
enable Counsel to settle a case for the ultimate de-
termination of the Court. That the Reliance was
one of the ships concerned in the capture was ad-
mitted; and had the Plaintiff been the only Captain
on board, there would have been no doubt but that,
under His Majesty's Proclamation for seizing the
vessels of Holland,- he would have been entitled to
a distributive share of the prize money. It was to
be contended he had no right to share, because he
was only appointed Captain under Captain Hun-
ter, who was sent out as Governor of Botany
Bay. It had happened in the year 1786, that
Captain Phillips, of the Sirius, was appointed Go-
sternor of Botany Bay, and ordered to proceed
to New South Wales to assume the Government of
that Settlement ; but it had been thought neces-
sary by the Admiralty to send outa Deputy Gover-
nor, and with that view Captain Hunter was made
second in command of the Sirius till his arri-
val at Botany Bay, when he was to exercise the
office of Deputy Governor. It was necessary to
observe, that His Majesty, as King of England,
was the supreme Head of the Military and Naval
Establishments of the Country, and as such had the
power, whenever h: pleased to exercise it, of altering
the ordinary rules of the La‘e, as applicable to either
of those departments. With regard to the Navy, it
was formerly customary for His Majesty to dele-
gate the whole of his authority to an high Officer
of State, called the Lord High Admiral of England,
who of course was invested.with, all the prerogatives
and powers inherent in His Majesty himself. In
more modern times, the duties: of that important
station had been exercised by certain Commissioners.
appointed to execute the office of Lord High Ad-
miral, who were denoMinated the Lords Commis-
sioners of the Admiralty, and he should maintain
that such Commissioners were competent to make
any regulation deviating from the ordinary customs
of the Navy., without any -special authority from
the-King for that purpose. It had however hap-
pened, that when Governor_ Phillips was appointed
Governor of Botany Bay, and Commander of the
Sirius, the appointment olGovernor Hunter to the
second command was in -consequence of a memorial
presented by the Lords Commissioners to His Ma-
jesty, and an Order of the Privy Council, by - His
Majesty's command, authoriiing such appointment.
In the present instance there was no memorial to
l his Majesty, hot the Corinni:;Dioners had appointed
Captain Waterhouse, to the second command of the
Reliance, by their own authority merely. The
question, therefore, for the opinion of the Court
would be; Whether the Plaintiff could be considered
as acting in the capacity of Captain of the Reliance
under the appointment of the Admiralty ? and upon
that would depend whether he was entitled to the
prize-money in question. He meant to insist, that
the Commissioners for executing , the office of Lord
High Admiral of England had a right to abrogate
the customs of the Navy, which admitted Only of
one Captain to each ship.

The admissions were read in evidence ; they
nothing more than the filets mentioned by
the Learned Counsel. The Commission to the Plain-
tiff, appointing him Second Captain of the Reliance,
was also produced : it authorized him to command
the ship in the absence of his superior Captain.

The ATTORNEY GENERAL maintained, that the
Plaintiff's appointment did not entitle him to a
share of prize money. He observed, that the rules
pf the Navy admitted of only one Captain to each
ship ; that in the single instance in which they had
'been departed from, the deviation had been sanc-
tioned by His Majesty's Sign Manual, upon a me-
morial presented to him by the Commissioners of
the Admiralty, and that the omission of such a form
in the present Case, defeated the Plaintiff's title to
receive the produce of a capture as a Captain.
EVAN NE r EAN, Esq. Secretary to the Admiralty,
was examined : he produced the' printed Naval In-
strudions to the Lords of the Admiralty, the 9th
Article of which, for the regulation of Sea Wages
and the number of Officers, expressly declared there
should only be one Captain fbr each ship. . The
Witness said, that when any alteration took place
with respel to the ordinary rules of the Navy, it
was always done by an application to the King.
• Upon his cross examination by Mr. ERSKINE, he
said, there had been a• memorial when Governor
Hunter went to Botany Bay in the Sirius ; he was
appointed second in command. In the present .case,
Governor Hunter went out as first in command, and
Captain Waterhouse as second. The Witness was
not Secretary to the Admiralty when the Plaintiff
was appointed, but he had searched the books, and
had not found any entry of a memorial having been
presented,- and he concluded there had been none ;
the Plaintiff had the pay of a Post Captain, but
was not allowed the usual Captain's compliment for
servants—he was allowed for two servants only.

Mr.' ERSKINE observed that if; when Captain
Hunter was on board, the Plaintiff had given an
order to a Lieutenant, who had refused to obey
him, such Lieutenant would have been guilty of
Mutiny; the inference from the Observation was,
that the Plaintiff' could he considered in no other
point of view than as Captain.
Mr. Justice LAWRENCE Said, he could not pet-
tedly comprehend the distinftion attempted to be
made.—Either the Plaintiff was Captain, or he
was simply a passenger. Was it to be undersrood
that when Governor Hunter went ashore, the Plain-
tiff assumed the charater of Captain, and lost it

again when tie came on board ? His Loidship
however, 'refrained frchn giving any opinion upon
the subjdt, as it was to be referred to the decision
of the jaciges.
The Jury were.direeted td find a Verdid fOr the
Plaintiff for +Bol. subjea to the opinion of the
Coutt upon a case to be settled by Counsel.