The Sun.
London, England, 1804-05-01 00:00:00

IvAPAL NEWS.

FALMOUTH, APRIL zB.—Arrived This morning
the Prince of Wales Packet, Toon, with Mail from
Lisbon, five days passage. Left lying at Lisbon,
His Majesty's Ship Orpheus, and the Diana and
Auckland Packets: the former was expeaed to sail
on the n:otrow, with Mails for England. The Con-
voy was appointed to sail from Lisbon for England
on the 28th inst.

Sailed this evening the Townshend Packet, DODD,
with two Mails for Lisbon, and the Lady Arabella
Packet, with the middle Mails of this month for
the Leeward Islands. Also sailed the American
Ship South Carolina, Capt. STEEL, for London ;
the Copenhenda/, WOLFE, for Embden ; the Maria,
M'KSNNER, for Cork ; and several Coasters round
land.

DEAL, APRIL 30.—His Majesty'3 Ships Ja-
maica, Dart, Orestes, P asp, Autumn, Fury and
Tartarus Bombs, Archer, Aggressor, Conflid, Lo-
cust, Mariner, and Starling Gun brigs, Milbrook
,Schooner, sailed on a Cruize off Boulogne and Calais.
Sailed the Viper Cutter and Regulus, with the
Walthanzstcw East India Ship ; Ranger, Jason,
Providence, Pleasant.kill,Countess cf Elgin,Dutchess
of Cumberland, and Sussex Oak Transports, and a
large Fleet of Merchant Vessels under their Con-
voy, for Portsmouth, Plymouth, and Falmouth.

In the Downs—Monarch, Utrecht, Illustrious, Veteran,
Ardent, Trusty, Virginie, Immortalize, E uryalus, Leda,
Crescent, Champion, Squirrel, Perseus, Vesuvius, Lucifer,
Discovery, Sulphur, alai Speculator Lugger.

DOVER, APR IL 30.—A French Row-boat, sup-
posed from Boulogne, taking advantage of the fog
yesterday, came dose in with the land between this
place and Folkstone, and captured a coasting Sloop>
which she made off with. It is reported that ano-
ther Sloop was afterwards captured by the same Boat.

BRITISH NAVY.

STATEMENT OF THE DISTRIBUTION OF THE NAVAL

BRITISH FORCE, TO THIS DAY.

Line

In Port and fitting, and
with sealed orders S 7
Guard-Ships - - 9
In the English and Irish 26
Channels - -
On the Downs and North
t
Sea stations -
At the West India Islands ?
and on the Passage S 3
On the Jamaica station 6
American & Newfound- 2
land stations -
C. of G. Hope, E. Ind. ?
and on the Passage S 7
Coast of Africa - o
Spain, Portugal and Gibraltar 7
Mediterranean and on passage 13
Hospital and Prison Ships 11

so's I Frig I Sps.

4122 1 51
41 91 3
3 1
27 } 64

3 1 201 76

21 111 191
01 61 141
II 31 31

S 9 1 io
1 21
of
21
4
2 121 II
II i o

Tot.

35
26

4
13
38
14

Total in Commission too 26 I t 25 y 256 5c7
Receiving Ships - 4 4 4 1 13
Serviceable and repairing i 6 2 /8
for Service - - S
In ordinary - - 59 6 50 l9 134
Building - - iz 37 66

Totals 188

I 33

I 197

315

STATE OF THE ORDINARY AT EACH PORT.
Line. so's Frig Sps. Tot.
22 1 17 5 45
23 4 11 5 43
241 3I 101 2 39
2 1 2 7 12
I 2 i 20 i 3 26

Portsmouth - -
Plymouth - -
Chatham - -
Sheerness - -
River - -

Total 72 I it I bo y 22 1• 16

LAW REPORT.

COURT OF KING's BENCH, APRIL 33.

BORDENAVE V. GREGORY.

Mr. GARROW had obtained a Rule to shew cause
why the verdict which the PlaintiTobtained at Guild.
hall should not be set aside and a nonsuit entered. The
points on which he rested his application were, Ist,
that the Plaintiff had not attended at the Stock Ex-
change after the sale of the stock until the latest hour
of the market, to call on the buyer to have it trans-
ferred, as he ought to have done, conformably to the
principle recognized in the case of Lancashire and
Elillingworth, in Lord Raymond's Reports. Second—
ly, that he did not sell the Stock, to ascertain the
damages sustained by the buyer's default in not ac-
cepting the transfer with sufficient promptness, ac-
cording to the provisions of the Ad of the 7th of
Geo. 11. chapter 8.
Mr. ERSKINE and Mr. RICHARDSON, in support
of the Verdid, contended, that there is a material
difference between the present case and that reported
in Lord Raymond. That in this case the evidence
went w prove a tender and refusal of the transfer,
and therefore it was not necessary for the seller of
the Stock to wait until the latest hour of the Stock
Exchange Market; and that as no time is specified
in the Ad for the second sale of the Stock, to aster.
lain the damages, the delay of such sale, from the
Bth to the tzth of May, was not unreasonable, nor
repugnant to the letter and spirit of the Statute.
Mr.GAtt Row and Mr.GIBEs were heard in reply.
Lord ELLENBOROUGH said, that certainly there
ought to he a tender and refusal. In this case there
was no evidence of a name being demanded, (which
is the way these bargains were completed), until
the 6th or 7th of May, so that there was neither
a tender and refusal on the sth, either in fad or by
operations of law. With reseed to the second
point, he left it to the Jury to determine, whether
the Plaintiff had aced with all due promptitude, and
they had found in his favour.—Afterwards the
Court doubted upon the construdion of the Stock_
Jobbing Ad, whether, the difference between the
I agreed for, and the price of the subsequent
price
sale, was the necessary measure of the damages.—
They said it was fit that so important an Ad should
receive a Judicial construction, and therefore in the
ne trial, that question might be Ft,. upon. the
code—New trial granted-
w

FROM THE DUTCH PAPERS.

says he, ofrer the soldiers a small increase of
h..yond (what they recelle.of the present Govern.
meat.
Worthy discovery of a corrupt Minister, of a
Govt tivn.-111 which weighs with gold every anion,
an . ery human I,ffedion ! Nothing, according to
them, can resist this • g%old, which is above every
thing ; and the French army, making. honour its
-dttached ,to it by ti'.:- glory of a thousand bat.
tie •.nd of ten years vi6ories ;. this arniy, which
spornq becau•e the seducers and seduced
are tNe greatest coward, : this army, I say, yield-
ing to the attritaion,of a wretched increase of pay,
shall s,tcrifi,T 're- is most dear to it, all its
most honourable recolleaions ; • in short, its Govern-
ment, its Liberty, to irreconcileable Enemy of
their Country ! \Vhat hoti or ! what madness!
" I slraii i,c t -,,ore prolix on these disgusting de-
t ; to insist long on the indignation which,
tile, political and military pr jets .of Mr. DRAKE
it: ptr , is to do them too r tich honour : they are.
. ridiculous and absurd in an eminent degree;
.anit I think it is a very appropriate punishment for
htni, to give op to the contein t and ridicule of the
Fuoirc the cnierprizes of this Minister, still more-
cr..dulous, more aukward, and more weak than

wicked.
‘• An English Minister, -such as Mr. DRAKE, can_
route punished by obloquy. 'This can only mortify
men who feel the price of virtue, and know that of
honour ; but Mr. DRAKE is I rood and vain. The
profits •of his secret missions must have made him
wealthy,and covetous. He will be punished, when
he shall .know that the revolt of the four Depart..
!rents, the capture of-Bunirgen, the seduction of
the army, the liberation of PICHEGKU, MOREAU,
of G7,,RGES, and his confederates ; the existence ( f
the Diplomaric C,pmittee ; in short, the talents,
the credit and prni7ets of this demagogue General,
by nature endowed.with a sublime eloquence, an
imposing figure, and who is quite disposed to effect,
at his , \.erthrow of France, are-chimeras,
with which tho Prefect of Strasburgh has chosen to
feed his simple credulity.
14,!. will i,e punished, when he learns that all
his Bulletins, whist were sent to. London by extra-
ordinary messengers, communicated to every Court,
hawkCd about by the English Ministers as far as
Cul.s:,,ntitsol.te, of. which traces are found even
in the (1150.1,!,1,113 of Parliament, were fabrications,
and contained nothing either true or probable ; that
befOre they were transit-lived to him, they had been
communic.ited- to the Agents of the Police of Paris,
who blushed on reading them ; and could not recover
ft, m their .t,Urprise,-_ on seeing that fables, framed
with so little, care and trouble, could charm Mr.
Pk AKF-, and-serve as a basis for the operations and
calculations of the Cabinet.