The Sun.
London, England, 1803-12-05 00:00:00

NAVAL NEWS.

PLYMOUTH, Dec. 3.—Arrived last evening, a
Cutter Cartel from Morlaix, to which place she
carried over some French Prisoners, but has not
brought hack any English Prisoners in return. She
sailed from Morlairt on the rat instant, after being
detained there a fortnight,' during which period
• no communication iva'teier was permitted with the
.)no
•
shore; the Crew,l44Rieer, were informed, just
before they sailed,:thirt the report was prevalent at
Morlaix, and generally credited, that the Invasion
of this Country from some of the Eastern Ports of

France, and from Holland, had talcen place ; that
the enterprize had been crowned with complete sic.
CCSS, and that the French had marched 300 miles
through the Country, carrying every thing before
them I !
Rear. Admiral DAC RES this morning hoisted his
Flag on board the Niobe Frigate, of 38 guns, and
in the evening sailed hence for Portsmouth; when it
Will be shifted to the Conrogeux, of 74 guns, in
which Ship he is to sail immediately for the West.
Indies,
Arrived the Venerable, of 74. guns, Rear. Ad.
nitral Cet.t.snowooD, %from the Channel Fleet, to
refit, having sprung her foremast in one of the late
gales of wind.
, Arrived the Itioueberon Sloop of War, from -a
Cruize in the Channel ; also the Pickle Schooner,
of to guns, Lieut. J. LAPANOTI ERRE/ from a Cruize
to the Westward, where she encountered the vio.
lence of the late gales of wind, and great doubts
have been for several days past entertained for her
safety.
ailed the Hussar Frigate, do a Cruize.

po RTs m 0 writi Decch4.—Last evening arrived
His Majesty4S"Ship'lo/4e, from Plymouth, with
„
Admiral DAcit Es on bbtard, who is going to the
West Indies in the CoUlageux, of 74 guns, which
Ship takes out the Merchant Ships under her Con.
tray,
The Sophie Sloop of War also goes with the said
Convoy, She. sailed yesterday for Falmouth, to
Colley} the outward-bound Ships together.
Sailed His Majesty's Ship Gorgon, to the West.
Ward. s

Came into alrhour the May Armed Brig, to refit.
, Sailed the Charlotte Schooner, Lieut. ALT, for
het station off Brighton.

VALtaotrrx, DEC. 2._Arrived the Lord Miles
4S:lTheer Packet with a Mail front Jamaica, in 44
'1433; and the Suffrante Sloop of War, with a
Fleet under Convoy from Portsmouth.

DIAL, DEC. 4. Admiral MONTAGUR has
struck his Flag on board the Utrecht, and Admiral
PATTON has hoisted his Flag in the plaCe.
Sailed the Cortftia Gun-vessel, with a Fleet under
Convoy for Portsmouth ; Squirrel, Leda, and hn.
viortaliti. Frigates, on a Cruize.

SHERINISS, Dsc. 4..--We with pleasure this
day observed 'a number of the Baltic Fleet (which
had been dispersed and separated from their Con,
VOY in the late giles oe,wind) pass by this for the
River. •, ,
YesterdayliiiiVittjt4ity's Ship Soda Alarearctta
tame out of 02Ai. 3,olthe Galgo Armed Ship went
in to be repaired.

Lieutenant W. WHITE is appointed to the
aearver Sloop, Capt. PELLY, fitting out at this
Port.

PRIZE CAUSE.

A very important cause was some days since de.
citied by the Lords Commissioners of Appeal. It
,was a claim of joint capture in behalf of the Royal
Admiral privateer, for construdive assistance af.
forded to. His Majesty's ship the Trusty, in seizing
'the Natvcr„ a neutral vetsel, bound from Batavia to
Europt, and laden with a cargo of Dutch property.
Against -the claim, Sir Jotth NI cHoc contended
that there was no instance whatever, in w inch a priva_
teer had been admitted to the benefit of a joint-capture
from the mere circumstance of being in sight. That
the Court itself had on a former .occasion declared,
that capture, by construaion, had already been ex-
teritied bt yond the limits of the Ad, and ought ra-
ther to be narrowed, and brought within bounds,
than allowed a farther extension. That in this
case, there was no previous concert, nor was any
a&ual assistance afforded to His Majesty's ship as in
fad the boat of the Triisty was in possession of the
Prize, before that of the Royal Admiral came up.
On these grounds he contended, that the privateer
cculd not be admitted to those rights which would
have arisen from joint-capture.
The ATTORNEY GENERAL followed on the same
tide, and insisted-that there was no ground what-
ever for asserting the existence of previous concert.
So far-from it, that the Commander of the Trusty,
in answer to-a proposal of ading in concert, had de-
clined complying. with it, aliekling as a reason,
that the Admiral was equally entitled with himself;
and that he was not competent to treat concerning
any right which might accrue to the Admiral.
Dr. LAWRENCE, for the Claimants, admitted
the extreme importance of this cause to the Officers
of His Majesty's Navy ; but contended that the
Ctew of the Royal Admiral is fully entitled to all
the benefits of joint-caktutc. 'As to the assertion

that tlsere was no previous concert, and that there
was an ;dual refusal of afting in concert, he ob.
served that this refusal was grounded on a mere point
of delicacy respefting the disposal of the Admiral's
interest; for it appeared in evidence, that the
Admiral himself had dispatched this very Ship
with the intelligence of the prize in question, and
had directed her to assist in the capture. The re-
fusal therefore, could not invalidate the claim. In..
reply to the arguments of failure' of proof, as
afloat assistanceon the part of the Privateer, he quilsed
an instance, in which the Crew of a Frigittt otaimpd
share of a Prize cut out by the Boats of a Privaker,
and on the same good fortune happening to them.
selves, refused a participation of the same advantages,
though the Privateer had never been out of sight.
He strongly urged the maxim that Anal chace has
always been construed to be actual assistance ; in
this case, both ships were present, and both dis-
patched their boats at the same time. The prior
arrival of the Trusty's boat was merely accidental,
and therefore, he contended, could not vest in her
the exclusive benefit arising from the capture.

The judgment of the Lords was reserved for the
following day, when the allegation for the Clairn.
ants was rejected, but their expences allowed, and
the Nara sy adjudged to he sole anti lawful prize to
His'iMajesty's ship the Trzosty.

NAT At. P.Pouvrmarrrs.—e-Captain Hitacpoo to
the-,Pelleirle, vice WHITBY,. who is to command the
Ville de Paris ; Capt. DASH WOOD to the Bacchante;
Liqftenani BROWN .to the Enterprenante Cutter;
Lieutenant FIELD to. the Hecate, wire PARSONS,
drowned; Lieut. RIBOLEAU to the Impress Service
y, •,
at paver • Lieut. MACDONELL, oldie. Mr, to the
rank. of Commander, and to the command of the
at Halifax. In 'the West Indies, Lieu.
tenants AYSCOUGH and DOMETT, Of the Blenheim,
Centaur; 'Mr. BRAND, of the Centaur, to he Lieu.
tenant of the Blenheim; Mr. FORSTER,
man of the Centaur, to be Lieutenant of the Chi.
theists. ; Lieutenant Foattarr, late of the Surinam,
to command the Desperate Schooner.
At a Court Martill.held on Friday on board the
Gladiator, at Portsmouth, John Morrison, a Marine
belonging to the Eg yptienne, was sentenced to suf.
fer Death, for leaving his post, stealing ths-Epp-
tiettne's boat, and deserting from the said Lbtitii.
William Charter, for deserting from
-
sentenced to receive,fifty lashes.
.11-

LAW REPORT.

COURT OF KING's BENCH, Dim. 3.

SITTINGS BLIORZ LORD ILLENIIOROUGH, IN ,WIST.

MINST/it- HALL.

His Lordship sat at the usual hour, but observed,
that the Court would sacrifice a little, in order to
accommodate those who sacrificed a great deal to
the Service of their Country---the Court would
therefore rise at twelve at noon, toafford to Colonel
ERSK I tie, and the Corps of Lawyers under his com-
mand, an opportunity of appearing in time to be
inspeCied—which the Court did accordingly. No
causes of any importance occurred.

Lady WARREN arrived at Petersburgh on the
17111 of Ottober.

Mr. }Past ze, who has been appointed American
Consul General in Russia, is arrived in Petersburgh.
The United States had never before either an Am-
bassador or Consul in the Russian Empire.
A Letter from Funchal, Madeira, dated the 6th
ult. states the number of persons who perished in
the late deluge, did not exceed two hundred; the
only English sufferers,were, Mr. C. TATI.Ocx, his
two daughters, his son-in-law, Mr. Mottats, and
an infant, and Mr. It. Ss ALT. The four bridges
were swept away nearly at the same instant, about
eight o'clock in the evening ; the loss of property
is very considerable, as several houses and
,stores
have been washed into the sea. The ilynihiita Fri-
gate, from Gibraltar, appeared off hnrichal, •on the
sth November, but did not anchor. -040heisame
'day arrived the American, HoitgEsTON,, from,Bal-
rimore; Anal and Francis, CARPENTER, fiotTlNor-
folk ; Providence, from St. Michael's ; and Nanj,
from the Cape de Verds. The Brig Magdaline,
NOEL, which had been at the Island for several
months, was stranded on the ad November ; there
was not any one on board at the time.
The Hindostan, &malt, an American Vessel,
lately sailed from the Elbe for New-York, with
soo men, women, and children, passengers. They
are all. German Emigrants, and for the most part
Hanoverians ; the price of the passage is Isl. each,
and if they cannot pay it they arc to work it out
on their arrival in America, as labourers in clearing
woods' and waste land. The same system has long
been observed in regard to Emigrants from Ireland
and Scotland, • many of whom have for years re-
mained in slavery, being unable by all their exer-
tions to discharge the debt.
On the aoth of this monthos,ooo pilau of raw
diamonds, found on board the Lisbon Packet, King
George, which is known to have been capsured by,
lea scorisaille Privateer, arc to be sold at Boor-
Beaux, by public auction. A quilat is somewhat
less than a carat.

GARNEItiN, in his 35th ascent from Moscow,
saw, for the first time, an image of his balloon
formed in the clouds in very bright prismatic co.
lours. When at the height of 12,000 feet, he
galvanized' himself, and observed flashes of light.
While hovering over a wood. he was fired at by a
huntsman, who wiih the peasants on seeing 'hhn de.
scend from the clouds, considered him as super.
natural.

It is quite surprizing that the bridge upon the
fnot.path in Ilyde Park, notivithstandilititht nu.
merous complaints which have been tnAKshcisilct be
suffered to remain in such a ruinous coniJitliM. The
red-book tells us that there is somebody ivlio should
attend to these things, and whose office Certainly
cannot be intended as a mere Jinecurr: It may really
be said on such a subje& that " they order these
things better in France," for in every thing that
relates to public edifices and spaces allotted to public
objects, the gccatest vigilance and attention are ob.
aervable.