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\ AL NE V, S,

ift,m the LONDON GAZETTE, Maj. 26, tSt.ti.

Almiralty-Office, May 26, 1 g 10.
Copy of a Letter from ViceLikdrriiral Sir lohn Borlaie
ren, K. B. Commander in Chief of his Majesty's Shipi
and Vessels at Halifax, to W. Cruker, Esq. dated at
Bermuda, the list of February, 18 to.
SIR;
I inclose, for the information of my Lords Com.-
missioneri of the AdMiralty, the copy of a letter
from
-Lieutenant Peter .Proaor, an old officer of
much merit, commanding his Majesty's schooner the
-.Thistle, derailing the accouut'i.f an anion with the
butch National corvette De Havik, commanded by
a Lieutenant of Marine. The prize is a large East
India built
.ship, of very warlike appearance, and
the good conduCt and bravery displayed by Lieute-
nant Proaor, his officers and men, in attacking a
Ship of her size and force, and their perseverance
under many difficulties, will, L trust, entitle Ahem
to their Lordships' favour. '
I' have the honour to he, &c.
(Signed) JOHN BORLASE WARREN.
SIR, Thistle; at Sea, Feb. it, alp:
Yesterday morning we hove in sight of a ship,
*hick, upon being chased, manoeuvred suspici-
ously, and excited our best endeavours to come up
with her. After a chase to windward of-seven hours
.and a half, the superior sailing of his Majesty's
schooner under my commend brought us along-
side ; and the moment I hailed, the stranger hoist-
.ed Dutch colours, commenced action, and attempt-
cd' to run us down ; we were 'fully prepared to meet
Lint, and 'Avoiding his bows, continued. to engage
so closely, and with such good effect, that, in
the course of an hour the . enemy made sail, and
.endeavoured to escape before the wind; we were
thus brought into a running tight for tour hours,
When. I had the, pleasure to find the Batavian
•flag was hauled down, being hailed that they had
-.Struck. -

On taking possession of our capture, we found
.site was the Duch National corvette Pe Havik,.
brnmanded by My nheer J. Sterling, Lieutenant of
,Marine, mounting ten guns, pierced for eighteen,
with fifty-two men, and haOng on board the Bata-
vian Admiral Buyskes, with his suite, late Lieute-
nant-Governor and Commander in Chiet at Batavia,
from that island, bound to Now York, and
_partly
loaded with 'spices and indigo.
One man on board the enemy was killed, the Ad-
miral and seven, men badly .wounded: The , loss
en the part of the Thistle was Samuel Hobbes,
private Marine, killed, myself and six men.
Wounded. •
At an early part of the a6lion three of our carro-
hades were dismounted, but the 'gallant conduct of
every One of my crew readily replaced this dam-
age, bravcly emulating each other in supporting the
supOiority of the British lag.
I an), &c.

(Signed) I'. PROCTOR, Lieut. and,Com.

PLymouTu,- MAY 25.—Arrived his• Majesty's
ship Plover from a cruize ; some days since she
Chased a large French _ship supposed to have been
from the Isle of France, the latter however, being
the best sailer reached the Port of Abravac in safety.
It was the Rodney that arrived here yesterday, and
...trot the Revenge.

Came doU'n from ttamoaze and anchored in the
Sound the Cheer 4 gun-brig.

Arrived the French chasse maree La Jeune Clct-
risse from Bourdeaux; with a cargo of wine and
I.oSin; captured by the Violet privateer of this .Port
also arrived the Encounter gun-brig from the West-
ward.

Sailed his Majesty's sll;.,ps .Surveil‘ante and Philo-
wid to the WeStward.

MAy 26.--Arrived his Majesty's ship Sapphire
from Portsmouth.; the Hope tender from London-
derry; and the Eliza and Jane •tender from Dub-
lin, with impressed -and the hest, SIMON,
from Cork, la'st from Falmouth, with a cargo of pro-
visions for this Port.

Sailed his Majesty's ship Plover on a crnize4 ; the
Zncounter brig for Falmouth ; the Weaiel schooner
for Dartmouth; and the ship Nancy, CLORE, for
Ports Mouth.
Passed bya fleet from the Eastward.

'FALMOUTH, MAY 25.—Sailed the Manchester
Packet for the Windward IslandS; and the J'octon
Packet for Barbadoes, Martinique, and Jamaica.

PORTSMOUTH, MAY 27.—came in the Portuguese
brig ri gilante, DA SILVA, Mastf-r, from Pernambri.
co, for London, in 46 days ; the Portuguese ship
G radidas, (armed) also for London, sailed in com-
Pang with her, and passed this port 'to the Eastward
Yesterday morning ; left loading 'there the Portu-
guese ship Balsemar, ALVES, Master, for London,
24d would be ready to sail almost immediately, to-
gether with two others for the port of Liverpool.

Arrived his Majesty's ship Diana from a cruize
Wifliavre ; also the Margaret, JAMES, for Lon-
d°11; Neptune, RoBINsoN ; Betsey, CLARK ; Dido,
TAYLOR ; Mary, REYNOLDS ; Active, LONG ;
GOIdC/2 Fleece, ROUNDTREE; • Ceres, CRAWFORD ;
Betsey, MELVERN, from Sunderland ; Nancy and
teary, FREDERICK, from Cork; Borough, PATTER,
4°1% from Newcastle; blelena, STEVENSON, from
shields ; and the Union, FINCH, from Chepstow.
His Majesty's ship Recruit tAtes convoy for New-
foundland, and it is exp:laed she will put to sea in
.Course of a day or two.

Ks Majesty's ship Ant takes convoy to ships
ound to the West ward as far as Plymouth.
Arrived his Majesty's sl4ip Gannet from a cruize;
•ily.,'W..iLsoN, from Suudorlancl ; Peggy, MIDDLE.'

'irox, from London ; Faine, TOTHER HAM ; Bailey;
SCOTLAND; Action, CHURCH, from Cadiz (the lasi
three frnm Cadii are laden with provlsions for
this port) ; and 'the Britannia, WALLACE, from
Newcastle.

Bailed hiS Majesty's Schooner Ant with a convoy
for Plymouth; Jamaica for the- Western Islands,
and from thence to Newfoundland ; Jason and Re-
cruit with a convoy fir Newfoundland.

,SMEERNESS, MAY 25.7.- Arrived Ms Majesty's
ship Terrible, Lord H. PAIILET.

Went out of harbour his Mljesty's brig Urgent.
MAY 26,—Sailed up to Long Reach to be paid
off, his Majesty's ship Terrible.
Arrived the Shields tender, with volunteers and
impressed men fir the fleet.

liis Majesty's bi ig Mercurius has made the con=
voy signal for .the Baltic.
_ _

-I-L'sMajesty's brig Cersitinel has made the convoy
signal for Heligoland.
MAY 27.—Went out of harbour and anchored at
the Great Nore, his Majesty's sloop Dauntless,
,Capt. BARBER. •

ISLANDS OF SCILLY, MAY B.—Came in' a po=
lucre-rigged ship, called Nuestra Signora de ldra,
of [dra, J. CUTULUMA, Master, from Faro, laden
with Cork and Coffee, bound to London.
Came in the ship Philipsturgh, .W. WSTORY,
Master; of and from_ New York, liden with _rice,
tobacco, coffee, indigo, and pepper, hound f9r Ton-
ningen.

Also the Snow post-packet, CHRISTIE, from
Ipswich to LiVerfkol with malt. _
MARCH 20.—The above vessels have all sailed
with a fair wind up Channel.

___~~~,~

sPoRrING INTELLIGENCE.

NEWMARKET SECOND SPRING MEETING, ISto.

SATURDAY, MAY 26.
Ld Jersey's Nicholas, Bst. 31h. beat D. of Rutland's Sal.
vator, Bst. 71b. R.M. zoogs. h. ft.-4 to i agst Nicholas.
A Subscription Handicap Plate of 01. for 3.yr.olds and up.
wards. T. M. M.
. Mr. Elwes's b. c. OA. P. 3 yrs 6st, - - a
D. of Rutland's hr. 11. East-n, 5 yrs Bst. 41b. 2
Ld G. H. Cavendish's b. h. 13-rainble, 5 yrs Bst. 71b. 3
sto 4 agst P.-7 to 1 agst Easton.
Gen. Gower's Currycomb, 834 31b. agst Foley's
Chester', 7st. lolb. Two-yr old Course, 50gs. ,Olf by con-
sent.
Jersey's Lauretta, Sst. izlb. rec. 25gs. frorn Gen.
Grosvenor's Lochinvar, fist. 61b. Across the Flat, zoogs.
h. ft. •

130W-STREET.—The Journeymen ofa number of
trades have lately formed 'themselves into combi-
nations, for the purpose of forcing their masters to
pay advanced prices, Whether the times or circum,
stances will admit of such advance or not.. Among
them are the brush-nikers, who, we understand,
can earn from two.guineas to three pounds a week;
and yet the journeymen have the audacity to de-
mand an advance for some work, of fourpence in a
tibilling. To ,accomplish this object-, they have for
these fifteen months past, been forming thetns:Aves
into a society, regularly organized, with a, cleric to
attend theit_meetings, and certain roles and regula-
tions. To this club. they have paid a. shilling per
week each, to establish a fund, tilt it should be suf-
ficient to enable them to strike from worklng, for
the advance of priceq, ,and while they were out of
employ to receive 20 ,shillings a week themselves,
besides one shilling,a week for back child. The
Whole of them have struck within these few weeks.
The circumstances are such in, the trade at'present,
that we understand it is impossible for the m isters
to comply with the.journeymeti's dema.ad, owing V,
the difficulties in procuring bristles and hairs from
Russia, and cosequently the advance in price. in
those,articles is so great, that they have' already in-
creased the price of their goods as much as they
possibly can.

On Friday•night 'tt man of the name of Beadle,
who was a pournOrnan to Mrs. Lear, a brush-maker
in th.e Strand, was brought to the Office in custody
of Harty Adkins, before a full bench of Magistrates,
consisting of Messrs. READ, GRAHAM, apd &join.
The prisoner was charged with being a ringleader,
and ono of the chairmen of the meetings.
Mr. ALLEY attended for the prosecution, and Mr.
GLADE for the prisoner. The case underwent a very
full investigation ; the evidence, however, aid not
come up to the intent and meaning of the Att of
Raliament passed against .unlawful .combinations;
the Magistrates t krefore acquitted the prisoner, they
having a summary nrode of proceeding under the
ACt of Parliament.

The ()Like on this occasion was crowded with
masters and journeymen, in -other trades as well as
bitsh-makers, who felt interested in the question,--
Some exultation was manifested by the journey-
men at the 'decision of thd question.. Mr. ALLny
addressed them, and said they were by no means to
consider the question settled, for that the prtsonar
and others would certainly be indi&ed for a conspi-
racy at the ensuing Sessions.
Mary Godby was, charged with barbarously-beat.!
ing and ill-treating her own. child, and was com-
mitted to Bridewell for want of bail.

SMITHFIELD MARKET, MAY 23.
Ths day's Market had .a pretty good supply of
prime Beasts, and the show of Cattle in other respeds
wai considerable; Be,:f is dearer than our last report;
Muttun, Veal, Pork, and Lamb, sold at last prices,
and the trade in general was'Sornew hat brisk.—The
sales .in the Hay Market were rather lively ; Hay,
iy,
Straw, and Clover, fetched I I prices.—We subjoin
an accurate statement. of e prices and numbers:—
To sink the o al per stone of 81b.
Beef 4s. Scl. to 6s. 4d. Mutton- 4s. Ed. to 6s. 4d. Veal.
Ss. od. to 7s. od. Pork ss. od, to 7s. od. Lamb 54. od. to
Bs. od.

Beats tBso. Sheep and Lambs 14,000. calves 320.
300.

SMITHPIIILD HAYMARKET.
Hay 41. os. od. to 61. los. od. Straw 2!. los. od. to 31.
Iss. od. Clover 61. os. od. to 71. Jos. cd.

CORN-EXCHANGE, MAY 28.—T0-day there .are
large supplks of Wheat, chitkfly the Foreign Arri-,
vals ; sales are heavy at rather lower prices ;_ Barley
and, Malt' at little- fluatiation ; White Peas are
dearer ; Beans of the two kinds are lower.; there arc
considerable sUpplies of Oats-; second and' inferior
qualities are cheaper.—Four at our last quo:ation.

LAW :REP 0

COORT OF COMMON PLEAc, MAY 2.6:

PALMER V. MORTLOCK. .„
This long expeCted cause came on to.be tried in.
cOnsequenee,ot an address to the Crown frOm the
,floUse olCOmmons, that Mr Palmer's claims might
be submitted to a Jury.
Mr. Scerjt•atit SHEPHERD stated the case of the
plaintiff, with which the Public are already ac-
goainted,•concernitig Which it is necess.try to state
only, that the present defendant is the Receiver-Ge-
neral of the Post-Office. Mr. Palmer's claim to-a
)3Tr centage on the profit i arising from the Post-
Office Was founded on a contract "entered *into be-
tween him and Mr. Pit:, when Chancellor of thb
Exchequer, the terms of which Conti, we the only
substantial question between Mr. PalrOet and the
Government.

After the plaintiff's Counsel had spoken at length
on the merits of the Case,, Mr. Justice LAWaaNca
said-4)0 you, Brother Shepherd, up,4l this recbid,
take' the question to be, what was the contract that
was made between Mr. Palmer and- Mr. Pitt ?
Mr.. Serjeant SHEPHERD--4 know, my Lord, that
it is not an ;sine. I conceive it to be coupled with
the order of the King that Mr. Morilock (if 'I may
be allowed to use the phrase) is substituted in the
place of the Public, and therefore on this record
that we are entitled to, recover.
Mr. Justice LAWRENCE--I cannot Agree, with you
by' any means, that you can tiy this question, if you
cannot establish that there has been with Mr:Mort-
lock, either expressly or impliedly, some one of the
contra Is stated in
,t hedeclaration.
One of the Juriy--;--My Lord, there is another
thing that I wish to haVe my mind satisfied upon,
wit' that is, the Address of the Pouso of Commoos,
and the Answer of his Majesty to. it, that we may
see by what authority the cause comes here
:Mr. lustice LAwauNcs,—That will come in .its
course; but I stated my notion that the question
was not as it was stated, in order that the Learned'
Serjeant might apply himself .to prove what • the
stion was.
Mr. Serjeant SHEPHERD—My Lord, it is of very
great importance to us that we should understand,
what we shall do, and whatever your Lordship de-
clares; I am sure we shall submit to readily—what
is the ground of objection which my friend was to
take in this case, and I will tell your Lordship Why
I say this : I do feel what your Lordship stated is a
difficulty, and .1 have no he.sitation in stating, that
I always felt so, but it is of extreme importance to
us. I know your Lordship cannot travel out of the:
record.; but it is of extreme importance 'to Mr.
Palmer for other purpoies, considering in what way.
this case cum'-.s here, that it should be well under-
stood that that is the ground on which the defence is
rested, and on which your Lordship feels bound to
say, that we cannot. recover. Now, my Lord, I
'lce one observation on this subject :--thee
are other cases in_which sometimes, under an or-
der of the Lord Chancellor, the Court has been
Orderei to receive documents in evidence, which,
in fad, is the common ordinary case. I recoiled a
case, I.think it was before- Lord Chief Justice Al-
vanley, wliere an. objedion was nucleic) the legality
of 'the evidence, and his Loidship said there, "
" must look-at the record, and try the case by t' e
rules of evidence and law. If the other side.
" chooses to take the _objeation, I will receii,e the
-oirjedion if they make it out -; the question is,
if, in the teeth of the Lord Chancellor's order,
" they will make the objedim, and will a& upon
" it." But it the objediOn is not made, your Lord-
ship. will receive the evidence which is of 'tired.
All I would subcnit to your Lordship is, whether, if
I produce the order, and they do not put the objec-
tiou to it in that shape, on the other side, your
Lordship would permit us to go on ?
Mr. Justice LAWRENCE—I understand the order
to deprive. them, 'of a particular sort of defence,
but you intik prove your case as it is in the plead-
ings, They cannot sand upon that defence, which
by the order they are not allowed to make; but you
must prove at least an implied agreement on the part
*of Mr. Mortleck in some of your counts, I can
only look at the record, , but at. the same time I
take it for granted, that they will not insist
upon it. Tins case must be tried like others,* like
the case of an issue, and the plaintiff must male
out the allegations. I do not think on the record
that that which you stated to be the question is
the question.

. -
Mr. Serjemnt SHEPHERD—Then, on the other
part, I submit to your Lordship, that we are entitled,
as against Mr. Mortlock, .to go on, the.agreement.
Your Lordship sees that Mr. Palmer was to have

21. per cent. and as far as that was paid, it was paid
out of the revenues of the Post-Office; and then
we submit to your Lordship, that Mr. Mortlock
being Receiver-General of the Post-Office, and hav-
ing to receive the money; and not being permitted
to set up the defence of his being a Public Officer,
if I shew that there was an agreement with the
Pubiic, that is to say; with Mr. Pitt, the Chancel-
lor of the Exchequer at the time, to entitle him to
receive from Mr. Mortlock, out of the revenues of
the Post Office, 2i per cent. Mr. Mortlock .would
be liable, for money had and received.
Mr. Justice LAWRENCE--NO; unless you can
shew that Mr. Mortlock was bound by law to pay
this"money to Mr. Palmer, and upon paying it, ;hat
Mr. Paluier's receipt wou)d be a sufficient discharge
to him as Receiver-General of the Post-Office. If
a certain sum was legally appropriated to the pay-
ment of Mr. Palmer, and that producing his receipt
sit ould be. a voucher,, that is the point ; but if you
cannot proVe that, I cannot go out of the'record.
Mr.-Serjeant SIIIIPHERD—WouId your Lordship
permit we to say one word upon this order ? lam
sure it I On doing wrong, your Lordship will ex-
ctie it. It is di; : your Lordship observes, that the
order which I have alluded to, points out that the
Receiver-Geoetal is to defend such action. Your
Lordship obsert es,. that the first part of the order is
on the: claims. I will read the very words of
it. The Address of the House of Commons is
this.—(Mr. Seijdant Shepherd read the Address to
the Court.) •

That, my Lotd, I humbly submit, under the
order.is this: It isilointed out almost' by his Ma-
je•ty, that i 4.• by his Maj:..sty's acceding to the wish
of tie House, that •• Mr.
,•• ni-tlock is the person
aa.inst whom the aaiou is to be btought ; and if it
ha l been brought against any body else, the ' non-
of a-public otliccr ;night have been so,

t. r:• • $.4 1,7, -' f-
.; irt,ft
cause itgoes only to this order, and I conceit;; the
meaning of .1 he orclFr is this—an agteettient is clairn-:
ed to be made wail the public, or with somebod-y
I poi forward .Mr., Mortlock in otder to try the
agreement, and it is declared, that he shall not set up
the
.non-liability, of a public officer, and.therefore I
rcfpnceive that the laa is the same as if an issue had
beep granted. If an issue had been granted; it is
very well lio(411 Oat it would notisignify who Was
the plintiff aod defenclant,, and !hat order puts us
in the same situation as it an issue bad been granted, .
to try ine uestlop,

Mr. ..ln;tiLe LAWRENCE,—.I. cannot agree with
.you in that; hrother Shepherd.---Thus tar 1 do
agree, with you---in consequence of the Address, the
Receiver-(4eneral det,nd, the anion, but it is
left to you to frame 'lie adios, arid to put it in such
form as you think A,, and if you put it in .a form,
such as not to prove your case, it does not prove that
you are not entitled to recover ifyou put your case
iu another. If yon had-put your case in the fora/
of an issue, though if you could or not, I do not
know, but if it had b:-en an issue to det,rmine what
Wris the agreement, I should have known what was
'to be tried. The House deSires' th:Oteceiver-,Ge-
neral to defend the action, and he does FO ; but he is
directed not _to set up two defences, namely, the
Statute of Limitations, and his Jinn-liability, but if
left, the pl.-61141i say
sin what way; if by, a bill in
equity, or by an action at law, and in what way the
action is to be shapei, and I must try, it as other
salons, and the question Ou the record are, if Mr.
Mottloak has eitln r expre,ly or impliedly entered
into" the contrast ? This is one of the questions in
the counts of the declaration. He says he has not,
and I have no awhorityt6 try any thing else.: -
Mr. Serjeant LENS.—My Lord, I do nut wish to
re-sargue the qUestion, but only to submit whether
your Lordship c.innot i:tetulge the plaintiff so far as,
if the objeCitoo 13 not wade on the other sde, to re-_
lieve froin that which is an insuperable difficul-
ty; we were under the- invincible necessity of bring-
ing it in this way. I should hope that they would
consent to wave the ohjeolion, which, if they diniot,
we felt from the first it would be inipo,sible.to pro-
ceed. The question is, whether your Lordship
may not collect from some express declaration; whe-
ther this 'money was not paid. If the übjectirn is
waved, -theri there will be no difficulty on the re-
cord, as there are in it general counts for Money had
and reached. That cannot be hastily insisted ups n,
btit unless it is put in the shape of an objection from
the defendant, your Lordship might permit us to go
on. Your Lordship will consider-the difficulty in
which we stand. The
_qut.!stion is, whether the
other side'tnay not allow us to proceed, and if your
Lordship may not, under such admission, try the
question.

,
- Mr. Justice LAWR E,NdE.7---YOU Know trist the
Jury are sworn, and I am sworn, and it is my duty
to try the issue joi,ed petween the parties; and I
cannot do oth:Twise. The Jury are sworn; and I
am to administer.-justice, and not to try:questions
other than what the record-rakes.

"Mr. Scljeant LeNs.--But ,!what I submit, my
Lord, is, whether this admission from the other
side' will not Iritig it w ithin the record. ,
Mr. Justice you.shew that
the 11:.-cetver•GAleral has received some or the mo-
ney which iie Might pay to the plaintiff against the
will Pf%the Postmasters •General, and produce his
receipt in discharge, it will not do ; but, if he wants
an authority to do that w hielt he has not had, I
cannot say, in point of law, that you can recover.
Mr. Serj, ant LENS.—Qqtainly not, my Lord, if
that is. not
.implied: •
Mr. Serjeant BEST.--=Your Lordships sees that
the objet of the order was to have.the justice of the
case diSeusSed here, and it is impossible but by the
admission of the other side, that the justice of the
case can,be got at. We always felt the
,objetlion
your Lordship has stated, and that if it were persist-
ed in, it would prevent 03 front recovering.
Mr. Justice LAWRENCE.--I supposed that you
would feel it like me, put. still I can know nothing
but what is on the. face of the record. As to
the difficulty of framing the a&ion I know nothing,
but it' it were difficult, it comes to this, that what-
ever the claim may be," this is not the way to sub-
stantiiite it. •

Mr. Serjeant BEST.—.—But will your -Lordship
not allow us to ask the other side to consent to thin,
evidence.

Mr. Justice LA\VLIENCE.—I have no objection,
but I shall say when it is gone through, that I do
not think it proves the case.
Mr. HARRISON.--Will your Lordship permit me
to say, that in the declaration, your Lordship will
see under the agreement With Mr. Pitt, that Mr.
Mortlock undertook..to pay:
Mr. Justice LAWREt'cCE.—As at present advised,
I do not thivik that question is on the record.
Mr. Serjeant SHEPHERD.—MayI ask my brother
if he will consent to admit
Mr Serjeant COCKELL.—You must not ask that
of me, brother: •

-Mr. Sedeant SHEPHERD.—Do you admit the fa&
if the agreement to the effe6t staled is proved. '
Mr. SOLICITOR-GENERA effect ?

Mr. Serjeant SHEPHERD.—I only ask this ques-
tion, if you admit that Mr. Mors lock .has received
from the revenues of the Post-Office, the Money to
Pay Mr., Palmer, supposing by law Mr. Palmer
is entitled, as having made the agreement with Mr.
Pitt.

Mr. Serjeant COCKELL..--I know nothing about
it upon my word of honour.

• Mr. Serjeant SHEPHERD.—Do you admit it ?
Mr.' Serjeant COCKELL.-NO, I tell you, I can-
not admit that which I do not know to exist.
Mr. Serjeant SHEPHERD.—After what your Lord-
'ship has said, I feel that I cannot proceed.
The plaintiff was then called, and a nonsuit was
entered.

In this state the business, for the present, re,
mains. •

The celebrated KOTZEBUE is under arrest at Riga.
The new A& for increasing the allowance to inn-
keepers and others on whom soldiers may be quar-
tered, direds, that instead 01 fivepenoe per diem
for the diet and table beer of a loot soldier, and
sevenpence for a dragoon, one shilling atici fourpence
shall be allowed for .each; the rate per diem for
horses is augmented from sixpence to fourteenpence;
and for each of the several an icleS which the pub-
lican was heretotore•obliged to furnish gratuitously,
he is now toleceive a halfpenny.