Star.
London, England, 1801-07-10 00:00:00

SIR JOHN B. WARREN's SOJADRON.

EXTRACT OP A LETTER FROM AN OFFICER ON &CARD
THE soy ADiton DATED OFF ALRI•NDRIA, APRIL 13.
" My dear Friend,
" Ot the 4.th of March laft we failed from Ma-
hon %pads Faith four fail of the line ; the HAAR,
LEN wifliTotne *guns on her lower deck, and the
mtte tit Y.frigait, in quell of GANTHIAAIN I'S (qua-
dron of (even fail of the line. On the 9th, we
fpoke twO.veffels, who gave us the intelligence that
the Kitinitif Nui.as had concluded a treaty with
the French, and that in ionfiquence they had been
obliged to quit that pai; Conceiving it pof.
fible, I imagine, that the aPpearance of our (qua-
dron off Palermo, where the KING was, might in-
duce him to revoke fuch a meafure, we proceeded
to that port, but learned from Mr. PAGET, the
Britifh Minitier, that the KING could not proted
hinifelf, and mutt fubmit to the terms impofed on
him by the French. The CHAMPION frigate was
difpatched to Malta to order the ALEXANDER and
Arm Rai Ex to join us off Maritimo. We flood for
the Bay of Naplec, -where Tome Ruffian frigates
were lying in the Mole : a Neapolitan frigate was
lying outfide of them in the Bay, whofe Captain
came off to us, for the purpofe of proteeting the
neutrality of the port. Our objekt not being to in-1
volve our ancient ally in frefh difficulties, we flood
back for Maritimo, where on the iflth, the ATHE-
NIEN joined; the ALEXANDER had left Malta a Ihort
time before, and had parted company with her.
On the 22d, the joined us near the (mall ifland of
Galita, on the African fide. We were proceeding
off Toulon, when on the 25th, in the morning, we
fell in with the Salamine brig, which informed us
that the French had failed from Toulon on the.
igth,and were funneled to be boundfor Egypt, We
Rood immediately to the eallward, -and on the Cue.
ceeding morning, about ten leagues to the ERR of
Sardinia, we sot fight of them at day-light. The
wind was variable, inclining to calm. We imme-
diately made all fail in chace, and kept fight of
them till night, but without gaining upon them.
We continued the chace all night, the MERCURY
being.aheadi but I am fort y to fay that in the
morning they were out of fight. I fufpc they
hauled to the northward.
1, Knowing they had 4000 troops on board,
and that BowAvAara had fent his Aid-dc-Camp
Duaoc to order GARTH Eau ME to fea ; we had no
doubt that their objelft was to reinforce their army
in Egypt, and therefore made the bell of our way
off Alexandria, in the hope of again meeting them.
We' fent athore to the Iflands of Maritimo and
Pantelaria lying off and on between Sicily and
Cape Bon for intelligence but could obtain none.
Light airs, calms, and contrary winds, prevented
our arrival here till lag Sunday, when we fell in
with two of Lord KEITH'S cruizers, and from them
learned the lots our army had already fuftained of
its General and 3000 men, and that Alexandria
was not yet in our poffellion. Our worthy Admi-
ral alto learned the afilieting news that his only
fon, Captain WARREN, a Subaltern in the Guards,
was killed on the firft day.
a, We joined Lord KEITH next morning,.(April
29 and found him (landing off and on Alexan-
dria with Leven fail of the line, frigates, &c. and
Prrowei BET, the Turkish Vice-Admiral, with
two fail of the line, !loops, &c. The CAPTAIN
PACHA is lying in Aboukir Bay in a three-decker,
with two fail of the

The Cicero, CarMII, and Barton, from
Demerara to Liverpool, paired Barbadoes the r Bth
Maya
The Difpatch, Ramsay, from Nevis, was loft
the aad April, near Bermuda. Crew and part of
the ca go rand.
The sloop Prince of Wales,'Room, of Bar-
mouth,-with hate ; the brig Supply, of Whitby,
with timber, from Arundel ; and a brig with iron,
have been captured near Dover, and retaken by
the Admiral Mitchell °and Cygnet tenders, and
brought into Dover. •
The hoop Hope, Covsias, from Lime to Li-
verpool, is got into the Pier at Milford, with much
damage, after being on fhore in St. Bride's Bay.
Mr. Brat:vises, Michhipman of his Majefly's
(loop PI se vim, Hon. Capt. Bony as t a Commander,
arrived at the Admiralty yeaerday m,orning, with
an account that that veffel (which left England on
the Bth of February) on her pairage to the Cape of
Good Hope with difpatches, had fallen in with
three large French privateers. An aftion imme-
diately took place, when the made a complete wreck
of one of the privateers. She was about to, take
patron of another, but a fhot carried away the
Paso OIN'S formula, by which means fbe was pre-
vented from taking her in charge, and afforded
the third time to efcape, and to take off the other
two. The privateers are fuppofed to have loft a
great number of men in killed and wounded.—
The PINGUIX had not a snip killed. Having pro-
ceeded on h,:r voyage, the fell in with a large and
valuable Swedifh Eafl-Indiaman, into which the
put lonic of her bands, and Mr. Btactortaa' as
Prise-Maher, wLo has brought the lactiimiaa fah
into Plynioach.

Litt, INTELLIGENCE.

COURT OF COMMON PLEAS, JULY 9.

HOOM AND marriat V. GARDNER.

This cafe was conduiled-by Mr. Serjeant SHEP-
HERD, Mr. Serjeant BAILEY, and Mr. GAZE.IY,
for the Plaintiffs, and by Mr. Serjeant BEST, and
Mr. ST Evrws for the Defendant. It was an aftion
brought againil the Defendant to recover 5501.
the amount of his fubfcriptiors to four Policies of
Infurance, one on the fhip Eleonora Catherine,
and the other three on the cargo on board. This
(hip and goods were Ruffian property. The
voyage was from Archangel to London, and the
Plaintiffs went for a total lots.

The circnmltances were thortly there :—This
(hip failed firft nu the 16t11 of Oftober from Arch-
angel, and on the 4th of December, when the was
on her voyagt to London, was captured by a
French privateer. On the Bth of December the
was recaptured by a Britith frigate, the Amazon,
Captain Riou, as the was going into the Tezel.
She was brought to Yarmouth on the 9th of the
fame month. Notice of the capture and recapture
arrived at Lloyd's on the 1 tth of December. She
failed from Yarmouth on the 26th of December,
and arrived at
,Sheernefs on the 29th. On the
sad of December a monition was taken out in the
Court of Admiralty, calling on all parties con-
cerned to thew caufe why this (hip and cargo
thould not be condemned as .enemies' property ?
On the 14th of January, 18ot, there was an Or-
der of Council *trued to lay an. embargo on all
Ruffian property. On the sift of January, 1801,
there was .a Commiftion Avid from the Court of
'Admiralty to appraife and fell the cargo. On the
24th of February, 18ot, a formal Notice of Aban-
donment was given to the Underwriters. On the
part of the Plaintiffs it appeared in evidence, that
one of them called a meeting of the Underwriters
at Lloyd's, requelling to know what fteps he
ought to take t They refuted to give him any ad-
vice how he ought to ad. He preffed them very
much, and Hated that they themfelves were deeply
intereftgd, and that proper meafures (hould be
adopted. They at lag told hiM to confider him-
felf as uninfured, and to do the belt he could, and
they Paid they would ultimately be accountable
for every thing he did, provided he did it pro-
perly. It appeared that the Agent of the Plain-
tiffs offered to give fecurity' for tbe.parnent of
the falvage, but it was refuted by the Agents of
the Captors. From the fituation of this country
and of Rutlia at that period, it was taken for
granted from the probability of hoftilities taking
place between them, that this (hip and cargo would
not be confidered as a recapture, but a prize; and
the embargo that afterwards took place, was the
real caufe why this (hip and cargo were not re-
turned to the Plaintiffs, who, it was contended by
their Connie', had done every thing in their power
to recover back this property, but without fuccefs.
Mr. Serjeant BEST contended, that the Plain-
tiffs had no right to recover as for a total lofs :
that, had they tiled due diligence, they might have
had their (hip and cargo, and been precifely in the
fame fituation as if the capture had never taken
place. He contended, on the authority of decided
cafes, that they had no right to abandon; and, in
the next place, even fuppofing they had that right,
they were too late in ezercifing it.
No evidence was called on the part of thette•
fendant.

The Noble and Learned JUDGE next fummed
up the evidence, and direfled the attention of the
Jury to the molt material parts of the, cafe. Among
other things, he obferved, that the only queftion
for their confideration was, whether the Plaintiffs
were entitled to recover, for a total loft ? for, al-
though theymight be entitled to recover for a par-
tial loft, yet from the circumilances of this cafe, as
they had been very properly Rated by his brother
Beft, it would be impoffible for the Jury to giVe
a verdift for a partial lots, becaufe they had no
means of afcertaining the amount of it ; and there-
fore that mutt be matter of future confidera-
don. His Lordfhip thought the Counfel .on the
part of the Defendant had laid down the law ra•
ther too broad, with regard to the effeet of capture
and recapture. Where a party, in confequence of
recapture could recover his property again on the
payment of falvage, there was not a pretence to
fay he was entitled to recover for a total loft.
The quellion here was, whether the circiimftance
of this recapture put the Plaintiffs in fuch a fitt&-
don that. they might have recovered their property
and been in the lime &nation as to the-voyage, as
if it had never happened? Had both parties' done
all that was incumbent on them in this cafe to do ?
When the Underwriters were applied •to by one
of the Plaintiffs to advife him how to proceed, they
told him to confider himfelf as if he were uninfur-
ed, and to do every thing that was right, and that
,they would be ultimately refpontible for every
thing, if he acted properly. His Lordfhip thought
that was not quite the anfwer the Underwriters
ought to have made. For that he had the *litho.
rjty of a great Judge, Lord Mansfield, who in
Doug. 219, and Park, 552, in the cafe of Mile: v.
Fletcher, fail, " if the voyage be loft, and not
worth purfuing—if the falvage be high—if farther
,expence be, necelfary—if the Infnrery will not at
all events undertake to pay the falvage, dee. the tu-
tored may abandon, notwithllanding a recapture."
There was a material part of this cafe, in point of
law, upon which his Lordthip made a number of
obfervations. It appeared clearly that the Em-
bargo laid by the 11+411 Government on all
RuThan property within the ports of the Country.
was the reason this %Tire' and her cargo had not
been tutored to the Owners. Now it might be
matter of very ferious confideration, whether, con-
fidering this Embargo as the caufe of the lots. a
Britifh Embargo could be available to a foreign
fubjea to.infift on the payment of a Ws that
was the confiquence (.1 it ? Perhaps great doubt
might be entertained, whether a Foreigner could
maintain an /Winn ii. a Btittill Court •of Jutice,
againit a Britith fub:....t for a lois which had been
mentioned by an embargo laid on by the WWII%
Government."
The Jury found a Nrerdia for the Plaintiff for the
whole of his demo's).

.;- • -

COURT OP MVO's bgNCH, JULY;.