The Sun.
London, England, 1802-07-03 00:00:00

1117PROMPTU.

On,the Report that Monsieur GARN Ea IN bad br:ttght a Letter
of Recommendation to this Cotintg ft :4n a tsot:,riouv Jacobin
114-iter, now at Path,

WHAT, GARNER IN, from LEwis GOLDSMITH br►ng
A Letter here, his talents to befriend !
Instead of rising, 'tis the surest thing
To make the zleronaut with us.de9c.,./7d.

A DIALOGUE

FILTWEF.N
A FREEMAN, AND DEAR CHARLEY

FREEMAN.
No bread, no cheese, no meat, no beer;
Damn it, Charles, my guts reel crieer;
I've shouted till my throat is sore ;
With Bird I've done, I'll shout no 31;orr.

CHARLES.
You shout no Moore! yoUinust, 1 tell ye !
Will not the Abstrad fill your belly ?
Our Bird, you know, has got no quills,
And Peter ne'er wou'd pay his bills.
Mind not your guts, but be content,
To starve by Ael of Parliament.

THE THEATRE.-The Battle of Hexham, one of
'Mr. COLMAN'S best dramatic works; drew a crowd-
ed audience last night to the Hay-Market Theatre.
The vigour of the serious, the whim of the comic
passages in this Piece, and the general excellence
of the Music, render it a very amusing and interest-
ing Drama. It was very well represented, "and
very well received.
. Mrs. POWELL will visit the Glasgow and Edin-
:burgh Theatres during the summer, after her-en_
gagement at Liverpool. expires. She made her first
appearance there in Gonstance, and met with the
most flattering reception.
It is, we understand, designed *by the French
Government, not to reduce the Blacks of St. Do-
mingo to absolute Slavery, but to a condition much
resembling the Serfs of Germany.
We have not forgotten what miseries Paris est_
perienced from the supineness and luke-warmness of
her well. disposed Citizens, in the early periods of
the French Revolution. The Freeholders of Mid-
dlesex are fully alive to the recollettion of this :
Perhaps they may discover many PETIONS-; many
MAR/yrs, in the character and conduct of one of
those who• now presumes to offer himself as their
Representative.
Mr. MINdAY, we understand, came up to town
on purpose to present an Address from Thetford, to
His MAJESTY (instead of his Brotl4r, who is a
Medical Man), on the blessings of Peace, but His
MAJESTY not holding any Levee since his arrival,
the honour of Knighthood must be deferred to some
fUture opportunity.
Prince MELEGART, a Count of the Holy Roman
Empire, conferred, some time-ago; while at Geneva,
the degree of Dodor on any person for six livres
of Genoa, and a flagon of ordinary wine.
The information received on Wednesday morn.
ing froth Lord SOMERVILLE, states his Lordship
to he in that precarious way which, might be e,x-
petted from such an accident. His Lordship's
shoulder is fractured, and he is otherwise much
contused. The accident did not happen, as has
been mentioned, from the horses running away, for
they were a very quiet pair, which Lord SomER-
YILLE had been accustomed to drive ; but from
the projection of a post in the road in 'a lane about
three miles from Cashiobury, Hertfordshire, which
not being observed by Lord SOMERVILLE, over.
'turned the curriele. The footman, who was in the
curricle, escaped unhurt. His Lordship was on his
way to Windsor ; but still remains at the Earl of
ESSEX'S, at Cashiobury, whence it is not probable
that he can be speedily removed. .
June 24, died at Buxton, in the 58th year of his
age, THOMAS BUTTERWORTH BAYLEY, Esq. of
Hope, near Manchester. By his death the Public
is deprived of one whose whole time and talents
were devoted to its service. He was an active
Magistrate for thirty-five years, during which pe-
riod he uniformly distinguished himself by great
and zealous exertions in the various duties of his si-
tuation. His attention to the Town and Police of
Manchester was unretnitted, and hi care of the
health and morals of the Poor, ever %vatchful and
affectionate. The contemplation of his private cha-
, ratter, as it will he a subject of regret and admira,
tion to a large circle of friends, so to his widow,
. and eleven children it will remain a chief source of
comfort ; whilst they humbly trust that his con_
stant and chearful practice of every religious duty
will not be in vain.

, •
tATir IMPORT;

- •~i

COUrsT OF KiSW'S BENCH,
WATERI-10tP,E 71. 17.1:1G.

is ‘l.,as Special Case reserved for the
of the Chart. Piaintiff as se and Captain n
the Ship Reliaue6 appointed on the service lot
ny Bay: The ffrst Officer of the slip was C
TF R. The Plaintiff was second
,connnand; art
he was appointed to this offlac of Second Captain; of
SecOnd in COMmand, by the Lordi c.f. the Adniiratty:
While this ship was at Psmouth, the
there was detained by order of G.) %: einnienti and
afterwards condemned as prize, upon the breaking'
out of hostilities between this Cotintry and }Tolland
• and this ship, being part of Admiral „King's neet
which was at Plyniouth when the flitch Fleet svu
detained, the ship's Ofii,:ers, Sic. became entitled tgi
their shale of prize ni,nicy in the proportion stated
by His Majesty's Proelatnation our, it was enn..,
tended, that this Plaintiff, Ca.pt. Waterhouse, being
Second in Command to another Cake( vho was thc
Captain, he could not be held to be a Captain of
that ship, inasmuch as that the Lords of the Admi-.
raity had no power ti) make this appointment of
Second Captain, without submitting it expressly, to
the approbation of His Majesty in Council, and that
for want of that submission and,aPprobation, this
appointment was void. Captain Waterhott,e brought
his Adion for the recovery of this prize moneyi,
which Was tried at Westminster, When a verdid
was found for the Plainiff, subje.l to the opinion of
the Court upon this Case, upon the construdion of
all the Order in Council, Proclamations, &c, made
in this behalf-from the year 1730 down to that of
1786,, when the Botany Bay Settlement had Trans_
ports sent to ir, and on account of which service,
this appointment, by the Lords of the Admiralty,
took place.
The Case was this day argued, very ably, by 141 r,
BARTON, for the Plaintiff; and Mr. GAZ I LY, for
the Defendant. The former of these Learned Gen-
tlemen contended that the Plaintiff was appointed by
the Lords of the Admiralty as Captain, who were
duly empowered by the King for that purpene.
That he was Captain therefore in rank, in station,
in duty, liable to all the provisions of a Court Mil.
tial, punished under the authority of Martial Law;
for miscondud, in the clutraaer of Capta;n ; that he
was so mustered upon the Books ; that he was, And
must be taken to be Captain de lath'', if not de jure
that he was both ; but it would be enough for him
to be either, in order to become entitled to his share
of prize money in this Case, under His Majesty's
Proclamation, and that therefore he was entitled to
the judgment of the Court.
It was contended by the other of these Learned
Gentlemen, that although this Plaintiff was on board
in the rank of a Second Captain, .appointed by the
Lords Commissioners of the Admiralty, yet, that,
as this appointment was never submitted to His Ma.
jesty in Council, nor had received the Royal Ap.
probation, it was null and. void ; wid this •i' as con_
tended under the authority of Captain Lumley's case,
when the contest was between him and Captain Sut-
ton : that even by the Plaintiff's own Confession,
in this case, it appeared, that whatever rights he
might have, as Commander, in the absence of Cap-
tain Hunter, he had no authority, as Captain, while
Captain Hunter was on board ; that then, he Was a
mere assistant of Mr. Hunter.—That whatever his
station was, he was not a Captain of the Ship in
question. That, in short, on the ground that the
Lords of the Admiralty had no power to make this
increase to the Establishment of the Navy, without
the authority of the Crowni—that even if he was
to be considered as Captain, io sothe sense of that
title, he did not come within the description of
Captain that was entitled to a share as such of the
Prize-rnone,y, in this case, under the Royal Procla-
mation,

Lord ELLENBOROtiGIi having been Counsel itl
he causes took no share in'the Judge►nent of thd

Court.

Mr. Justice LAWRENCE said, that, upon this
occasion, two questions arose :—The first was, w
diet. or not the Plaintiff's appointment was sufficient
to the office of Second Captain of this S!iip, the Re.
liance F The next question was, supposing him td
be so regularly appointed, whether; under the King's
Proclamation, he was entitled to a share of the prize..
money in this case ?

Upon the first of these questions, as 'to the power
of the Lords of the. Admiralty to make this appoii t.
ment, the Learned Judge observed, that the Let.
tors Patent, under the Great Seal, specifying the
powers of the Lords of the Admiralty, were net be..
fore the Court : but he understood their power in
general to be that of peoviiing for the of this
Kingdom, for which purpose it was necessary to
equip Ships, appoint Oil-leers to command Crews in
action, &c.subjeCk to the general direction of the
Crown : that their power was direCtive, and that of
the Crown direClory : that, in consequence of this
power, the Lords of the AdFriiralty had appointed
the Plaintiff Second Captain, or Second in Command,
of this Ship, as they might do for that or any other
Ship in the Navy, as might appear to them neces4
sary for the exigency of the Publie Service. The
next question, (supposing the first to be decided in
the Plaintiff's favour) would be, whether he would
be entitled, under the Proclamation, to collie in for
his share of the prize money
It was argued, that the Plaintiff, Captain Wa.
terhouse, had no command, but in the absence of
Captain Hunter ; now, on. looking at his Commis.;
sion, it would appear that this argument wes not
founded. It gave the Plaintiff the rank 4 Second
Captain, or Second Commander, and .'hen it went
on to state, " That, in the absence. of the principal
Commander, the Plaintiff was to aet as the sole
Commander. That, in the presence of the First
Commander, he was to be subject to his direCtion,"
so that he was not a mere assistant of the Corn.
mander of the Ship, but in his absences he was to
become the absolute Commander of it himself: It
appeared by his Commission, that Captain Water,:
house had powers without reference to those of
Captain Hunter, for the Commissioners, in the
language of the Commission, sail, " We appint:
you &cond Commander of the Reliance, desire you
to go on board and take the second counn,nd of her
accordingly ;" and then, without saying any thing
of the presence or the absence of the First Com..
mander, the Commission went on to describe the

. . .
duty of the second Commander, as kriown to those 1
, who should be regured to obey. him.7--Besides all
captain WaierLouse had also his number of
servants to obey
gether with the other .distinctions 'and advantages
that were incide‘nt to-such station;and.the'se he was
to have„.‘vhetliet: Captain Hunter was on board or
absent.—This Case had been compared to the Case
of Captain 'Lumley and C,:ptiiin Sutton, but that
Case. was different from •this, for Capyin. Lumley
acted merely as. Supernumerary ; h.ad no pay,
and he was on board 'for his viatials only :—hut
here was pay and ill the other marks of a Captain
attached to Mr. Waterhouse; so that the .two
• Cases were ,materially different...L.-Then, taking the
Plaintiff to be rightly iPpointed, and in a manner
sufficient to deterittine that he was Captain de.fireio,
the 'next question• was, whether he came in under
the Proclamation for the distribution 'of prize
money- ?-;--He was in the station,of Captain, 'and
as to his being a Second Captain of a single Ship,
be did- not see that the Lords' of the 'Admiralty
should not have power to 'make that appoititMent,
. if necessary, for the Navy, as Avt.ll as
.any other -
tegulation.
Mr. Justice; Lt. 131.. c, Said, he thought the
i'laintiff entitled' to a share of prize in this case,
as a Captain. in , the situation in which he 'Was,
being 'appointed to that situation, by. virtue of a
commission granted to hint by the Lords of the
Admiralty, and that he Most always be, entitled fo
tni• privileges attached to that station, 'Unless it
could be shew'n that - the Lords 6f:the. AdMiralty
had- exceeded their poWer in granting, him that
commission. The extent of that' power
.did' not
before the Court, but the Court would not
infer that they had, exceeded their power, - but
would take it for granted, that they' executed the
duties of that office properly, and the Learned
Judge said, he took it that the office of the Lords
of the Admiralty was the same as that of the Lord
High Admiral of England, which was' that of
,g, providing for the exigencies of' the Navy in,
general, to put ships into commission, to appoint
Commanders, to dire& their station, &c. in such
a manner as'wris best for the service of their Com-
try ;" upon thiS occasion the. Lords of the Ad-
miralty were of opinion, that a first and second Cap-
fain were necessary in this ship, and the Court of
King's Bench could not dispute the propriety of
the judgment of the Lords of the. Admiralty. This
was a different case from that of Captain Lumley,
as his brother LAWRENCE had stated, and the ap-
pointment must, upon the whole, he held to be
valid. The next question was, Whether the Plain_
tiff came under the rules, laid down in' His Ma-
jesty's proclamation ? Now he Was a Captain on
board at the time of the capture, as the exigency
of 'the service'required, and therefore there was no
-reason why lie should not have all the benefit of
that situation.
judgment for the Plaintiff.

WEST V. WHITE,.

Mr; Glass moved; that in this case, service of a
rule on Mr. Rowntree should be considered notice
to Mr. West. The case was _thii : Mr., Rown-
tree is one of the Gentlemen who, advertise mlse..y
accommodations in the Newspapers. Through .his
agency an annuity was sold to a person of the name
of West on terms very disadvantageous to the sel-
ler,, who now wanted to undo that transaaion - he
had made every possible inquiry after this :Mr.
Wesi, but without success ; he had applied to Mr.'
Rowntree, but his answer was, that there certainly
was such a man as West in existence,, but that he
was a single man,, who lived here and there and
every (where, and that he could give no kind of
direction by which Mr. West could be served with
the process of the Court. Mr. C.,' _IBBS4 then stated,
that his client firmly believed there was .no such
person in existence as this West, but that Rown-
tree himself was the purchaser of this annuity. This
Motion, arid a conditional rule to stay proceedings
on this annuity, was granted, whicl+,Lo,td Er.LErt-
itoßotrotiobserved, was the surest means of finding
cut the real holder of this annuity.

SPORTING INTELLIGENCE.

BIBURY.

ThtitSDAY, 31.7iY 1.

A Sweepstakes of togs: each, for horses that never started.
Lord mitsuigtown's ch. g. by Pegasus, aged
Mr. Fuller's b. h. by Precipitate, 6 'yrs old - ran out
11. R. H. the P. of Wales, Mr. Talbot, Mr. Cox, Sir I.
Honevwood, Mr. loddrell, Sir T. Mostyn, Mr: Bayly, Sir
U. Peyton, Sir S. Glynn, Ld. Foley, Mr. Musters, and
General Grosvenor, are Subscribes;, but did not name.
Fifty Pounds, by any horse, &c. that never won more than
.sogs. at any one time. z miles.
H. R. H. the P. of Wales's hr. c. Pacificator, 4 yrs.. old
Mr. Fuller's b. h. by Precipitate, 6 yrs old - 2.
A Handicap Sweepstakes of logs. each. Two miles.
Ld Milsitigtown's ch. g. by Pegasus, aged, lost. 'alb. r
Mr. Howorth's Mittimus, 5 yrs. old, lost. irlb. - 2
Cot. Kingscote's Chuckle, 5 yrs old, 'lst. 7lb. - • 3
Germaine's Tityrus 4 yrs old, lost. 61b. ' 4

Last week ten male convias were carried to Ports-
mouth from Ilchester, and sent on board one of the
hulks in Langston Harbour, preparatory to their
being transported to Botany Bay. Among them
was.one Baker, lately a-fartner at Fifebead, and two
of his late servants. faker was a tenant of Lady
Caii-TnAm, and •posses,,z, of propertT to the amount
of at least 4.2.001.,yet so, insatiable .was his avarice,
;hat he iriveigled his men to steal Sheep from his
neigiLhouring farmers, for which dangerous occupa-
tion he'vve them a trifling recompense. .For
considerable time, his situation in life screened him
from susPicion, jilt at, length it was observed by a
visitant in the kitchen, that his-frintton was wretch-
edly cut up,' and could not be done by a butcher.—
servanr boy replied, that his master and the two'
men frequently brOught hotne mutton so cut up, .and
he could not tell where they bought it. From this
he was suspeded, watched, and.dete&ed. ,it could
not be proved thasshe Was concerned in athaally steal-
ing the ; he was convi4ed orreceiving.them,
knowih.!. ter be stolen, .and sentenced to be
transo.,_ fourteen years. The men were .c a-
pitally co-,,,Vittcd, and reprieved for transportation.
His property was made over to a friend, previous to
the trial.