Star.
London, England, 1801-02-07 00:00:00

PROM LLOYD'S LIST.

DIAL, Fss. 6.—Came down, the BODDAM,
PALtaR, for India, and remains with the ihips as
per Wt.—Wind W. N. W.
GRAVESIND, Fss. 6.—Sailed the Crowa, STO•
itEr ; and Renewal, --, for Surinam; Pelican,
Dony, for Newry ; Britannia, —, for Gibral-
tar ; Commerce, DISNEt ; and Admiral Colpoys,
—, for Jamaica.

It was yefterday reported, that the French
fquadron now at fea, had captured feveral of our
Weft-India fleet of merchantmen; but this re-
port, we have reafon to think, is not correct. It
originated, we underfland, from a letter received
by a mercantile houfe in the city from Briltol, and
of which the following extras was yefterday ex-
hibited at LLOYD'S :
" The Adventure, Finlay, front Lowden to Martinique, wu
taksohy Is Mottent privateer, on the lift of December. near
Makin. One of the crew of the Adventure, put on boards
I,6rtnguefe veffei, talen by IA Mounnt, and re-taken, arrived
lirifto/, relates that fifteen fail of the Welt India convoy were
captured by the fad privateer."

PRITATO RATTER IRON AN OFFICER ON BOARD LA
coacoans, COMMANDED BY CAPT. ROBERT BAR-
TON, DATED PLYMOUTH.) FRI. 4, 1801.
" On the 27th of January, Cape Finifterre bear-
ing E. s N. damn 25 leagues, we difcovered at
at night, by moonlight, (even large 'hips
.11K.ut two miles to windward., under eafy fail, licer-
n.,.; to the wetiward ;—being on oppufite tacks, two
bore up for us. One however in a fhort tune re-
turned her mirth and joined her fleet ; the other
eentinuing in Chace of us, we flood on, until we
flippored the fleet dillant about fix miles, Come-
what in our lee-quarter, when having brought to,
we made the private fignal, which net being an-
tvered, convinced us the was an enemy. When
tile was within hail, and during, Come preliminary
converfation between the Captains, I had an op-
portunity of obfcrving her, from our comparative
Jae, to be a frigate of very large dimenfions, with
Poop ;—any further obfervations were prevented
by a volley of mufleetry, and an order to ftrike to
el French frigate. She then ranged up on our lee
fide, receiving and returning our fire as the paired,
till the !hot fo far a-bead as to bring us on her
quarter t in which potation we kept her warmly
and clafely engaged for about half an hour, when
the enemy's fire entirely ceafed, he receiving our
broadfides, which brought his • boat and other
wreck from his fiern and quarters into the water,
without returning a &cit. From this we conclud-
ed that his people had deferted their quarters, and
that he had furrendered ; but we Coon found his
attention was engaged in making his efcape, as we
perceived him making off from us before the wind.
Our braces being (hot away, Come minutes elapfed
before we could purfue him ; and though every
e,:ertion was made by Captain BARTON. we could
not again bring him to aftion. At three in the
ntornmg we 101 l fight of him, and perceived him
again at daylight ; but, his fleet coon appearing
to windward, obliged us to relinquith the purfint
and Ater for England. Though the pretence of
a very (uperior force has deprived the officers and
brave crew of la CoacoaDs the honour of adding
a fine frigate to the Britifb navy, yet the confcioal
nefs of having beaten a flip of a much greater
,
'mei under the tattling circumfiances, mull ever
be a Pleafing reighon to every perfon belonging
to her."

140 N II EUR.

LA, INTELLICPNCE:

COURT OF COMMON PLEAS, FES S.

JOHN GORDON SINCLAIR, ESLIzAL LOUISStANISLAU6
XAVIER, RING 01, FRANCE, AND BROTHER

Mr. Serjeant Barr fhewed catirc againft a rule
granted on a former day, on a motion made by
Mr. SerjeantSHE/HERD, why the Defendant's bail
fhould not be difcharged, and the bail-bond given
up to be cancelled, upon Ming common bad ; one
of the Defendants, his Royal Highnefs Charles
Philippe Monfieur, has ing been arrelled on two dif-
ferent actions by the Plaintiff, for feveral conlider-
able fonts of money, owing. to him for railing and
ceding a regiment to Defendants in Germany,
1792, and for money lent, paid, and expended on
the Defendants account here in England.
The arguments on both fides were eloquent and
very interefiing : they were principally founded
upon affidavits filed in Court,and on the Alien Aft,
made to proteß aliens in this country againti be-
ing held to bail for debts contrafted out of the Bri-
tith dominions. •

It appeared that the Plaintiff had, at different
times, been advifed to arra the Prince, in order
to induce our Minifters to pay the debt, which ap-
peared to be due, not only upon the joint note of
hand of Louis Staniflaus Xavier, and Charles Phi-
lippe,for 80,6 2 livres, but alto for other large fume,
paid by the Plaintiff for Defendants in England,
and upon the Continent, according to accounts
Rated, fettled here in England, and which were
exhibited in Court.

It further appeared, that the Prince, fo recently
as in December laft, had appointed an arbitrator
on his fart, and Plaintiff had appointed another
to fettle and compound the whole debt and interefl
due from in:. That the faid arbitrators had fet-
tled and fixed upon the fum to be paid Plaintiff,
being debts and engagements for which he had
been arrested, and been obliged to pay for Defen-
dant in England ; and in confideration of the faid
fum to be paid Plaintiff, he was to give the King
and Prince a general releafe, and had fubfcribed
to an agreement for the fame ; and for that pur-
pofe a deed of releafe had been aaually engroffed
and etecuted by Plaintiff. Several appointments
were made to pay the money, but that fuddenly,
and without any reafon affigned, the bufinefs was
dropped, which fo much enraged the Plaintiff, that
he threatened to arrat the Defendant, and was
anfwered, that he might do fo.
, It was acknowledged in Court, that the Plain-
tiff had treated his Royal Highnefs with every pof-
fible delicac'y due tb his fituation.
Lord Ei.uos was of opinioll, the caufe of aaion
arofe -out of the contratft made at Coblentz, be-
tween the Plaintiff and Defendant, to raife, and
his afterwards 'ceding a regiment, and that the
Alien Al alfo proteited them agaiuft the anion
brought to recover monies lent, paid, and expend-
ed on account of his Royal Highnefs Charles Phi-
lippe, now in England; and accordingly coninion
bail was ordered to he filed in the cattle.

FEBRUARY 6.....1ATFS V. BROWN.
This was an aftion to recover the furry of [oh
12S. alledged to be due as the balance of account
on goods Fold and delivered. The parties, who are
engaged in the manufaElory of thaw bonnets, had
been in the habit of doing bufinefs with each other
fora confiderable time, and the Plaintiff pretend-
ed that on the 26th of Augutt lafl the Defendant
purchafed from him a quantity of fuch draw as is
employed in this trade, amounting to upwards of
331. the balance on which was the furn fpecified in
the declaration. To fubflantiate the fad of the
delivery of the goods, two witneffes were called,
but their evidence was completely unfatisfadory.
Failing in this, it was endeavoured to be proved
by the evidence of another witnefs, that the De-
fendant had on one occafion admitted that the
greater part of the fum claimed was due, and that
he had made.= offer to pay 81. as foon as a receipt
usis produced. In this proof alfo there was a great
deficiency, and the attorney, who was called to
corroborate the flatement of this witnefs, did not
appear to give evidence. On the part of the De-
fendant, the claim was not only denied, but it was
even urged, that on a fair infpe6lion of the
ae-
counts, the Defendant, fo far from being indebted
to the Plaintiff, aftinilly had a fair claim on him
to the amount of aol. Two witneffes were called
whole evidence was clear and explicit, that the
quantity of goods alledged to have been deliverl,
were never at any time Peen or heard of in ilic
orarchaufe of the Plaintiff, and that the Plaintiff
had on the morning of the day when he was fup-
pored to have purchafed them, attually inform:7d
the Defendant that be did not then require any
fupply.
Lord ELoow, in Cumming np the evidence. ani-
madverted with confiderable warmth on the impro-
priety of bringing aainos of this kind into Cowt,
and expreffedhis hope that the Attorney concern-
ed for the Plaintiff would at leaft have the coorfarnre
not to charge his client with his attendance this,
days he hoped alfo that he would be honef( enough
not to charge him with the expence of the atten-,
dance of witneffes, whofc evidence WAS altogether
nugatory in the taufe.

COURT OF JUNG'S BENCH, Mts.

TN& KING V. WADIPIAOTOM,
Lord !CANYON read over the Indiament, in
which were contained feveral counts, charging the
Defendant with engroffing, and alto buying a
large quantity of Hops, in order to enhance the
price, and endeavourtng to perfuade perfons to
keep back their Hops, thereby preventing them
from coming to a fair market. His Lordthip then
read over the evidence produced at the trial in
this Court, and concluded with Rating, that the
Defendant had been found, by a Special Jury,
Guilty.
Mr. LAW then addreled the Court on behalf
of the Defendant. He Paid that much of the cri-
minal charge alledged againli the Defendant had
not been proved : that witlAefpeS to his having
induced a perfon who had a large quantity of Hops
on hand, not to bring them to market, forehand
bargains, it was proved, were =dray for tk

grower to nal?, or he could not bring forth his
culture. It was alto in evidence, that out of
tv,ooo acres in the county of Kent, the Defendant
had not purchafed more than :to acres. It cer-
tainly could not be imputed to him, that his view
was to monopolize the whole. The only inftance
adduced by the Coward for the profecution, was
in Lord Coke's Cafes of Ift Edw. 111. - it was a
conviction of a man for felling Corn in the Sheaves.
Corn, it is well known, is fold by meafure, Hops
by weight; therefore the analogy in that cafe
would not hold good. It had only been proved,
with refpea to the Defendant's having faid that he
was the greateft holder, that he had made put--
chafes to the amount of to,oool. and no more.—
He trotted that the Court, in infliaiug punifhment,
would ufe that moderation which the nature of
the cafe required.
Mr. Boni on the fame fide, obferved, that the
Seffions liceufed: a kind of middle-man, who was
called a Badger, whole province it was to purchafe
the produce of all the farms, and without fuch a
man the King's fleet at Torbay or Spithead could
not be fupplied ; and if this law was carried into
effea, it was impoffihle that they could be any
longer fupplied, as it was wholly with the affiftance
of thefe Engroffers. If the Defendant had com-
mitted a crime, it was of the moil venial nature,
and called for the flighteft puriithment. By the
authority of Mr. Serleant Hawkins, it was Dated,
that I-lops is not a Vietual ; and that this was the
opinion of the Twelve Judges. If Mr. Wadding-
ton had read this book of the 'Learned Serjeant's,
and had acted from what he had thus reported, his
'error, for error it certainly was, ought to receive the
compaffion of the Court. It required the depth of
a politician to know what the laws meant, they
were got into fo entangled a Rate. If a tyrant
chore to watt laws, and they were fo illegible that
it was impoiiible for any man to read them, was
it reafonable to fuppefe, that a man offending
againft thole laws, which he could neither read nor
underfland, fhould he punifhed ? The Court was
vetted with a difcretionary power, and he miffed
that this unfortunate Gentleman would be entitled
to their Lordfhips' confideration.
Mr. WOOD, Mr. DAVNCEY, and Mr. CLIFFOILD,
followed Mr. Bond.'
Mr. CLIFFORD faid, that if the Court lhould be
inclined to pals a puniffiment, he trulted they
would not inflia a punifhment that lhould eventu-
ally induce the Houle of Lords to decide in the
Defendant's favour. The Defendant had already
Catered three months impriftmment, and the eta.
cute only infliCted two months. Mr Clifford faid,
he did not Date this to take away their Lordthips
difcretjonary power, but that it might have fome
effea on their Lorcilhips judgment in this cafe.—
He would beg leave before he fat down to remind
their Lordflups of Lord Bacon's opinion of the
moral duty of Pa Judge. He lays, " that in inflic-
ting punifhment for offences committed againft
the penal laws, Judges fbould take efpecial care,
that terror be not converted into rigour, and that
they retirain from letting a fhower of fnares fall
on the heads of the accafed perfon."• In thus re-
minding their Lordlhips, he knew that he was
addrefllng prudent Judg-s, who could not let fall
any {Lower, but that of melee.
MY. WADDINGTON then addreffed the Court.—
He faid, that if there was a rife in the price of
Hops fix months hence, he bippoled that he
fhould again be profecuted, although he had no
dealings with that article ; and he Laid, it would
be impoffible, even if their Lordfhips lhould fend
him into a foreign land, to prevent a rife. There
is a fcarcity, and it is owing to this circumilance
alone that the price is high ; and it was hard, he
Laid, to be.punifhed for an aa of the ALMIGHTY.
Mr. Easel 17 I, fOr the piofecution, faid, that Mr.
Law had confounded this cafe with that of Ruf-
by's. It was not no:celery to go to Lord Coke
for inftances, as it had been found to be a crimi-
nal aft by the laws of all nations. As to what
had been urged with refpeet to looking at the pil-
lar of tyrants for laws, it wan only 'loci:Wary to
lookat that pillar which the ALMIGHTY had placed
in everyone's bruit. Mr. Waddington need but
look at his own confcience, and that would tell
him, that he did not live for himfelf alone. His
aas ought to produce public h.ippinefs and con-
tent. There was no Judge es er did doubt but
that this was a crime, and of& very ferious nature.
No affidavit had been produced in mitigation of
punithment. The Defendant had braved the
mercy of the Court ; there was no munition
thewn for the offence ; but he had choral to pals
a panegyric on himfelt; and fay that be ii the pa-
tron of Britifit Commerce. It had been confldered
by the Counfcl for the Defendant as a venial of-
fence; but he had no hefitation in tidying, that it
jwas an offence of the molt immoral tendency.—
I
1 Mr. Erfkine laid, he did not pray I'ur a s indidive
jud ment, but fuch a one as the Law comids red he
iti
ought WdArea ovcseive:faid, that the Defendant had by
his publications sow, Paid,
thefe profecutions were com-
menced, gone about as it were with beat of drum,
to tell a populous country, that public commerce
was profecuted in him. The Court, he (aid, were
bound to give a judgment that fhould tell the pub-
-Ik, that Mr. Waddington had done that which
was highly injurious to Society.
Mr. Goias faid, that though the imprifoament
for this offence was only two months, he would
wills Mr. Waddington to know, that the fine was
double the amount of what he had been proved to
have engroffed, and that this aft was an injury to
the whole of the county in which the offence was
committed.
After all the arguments at the Bar were doled,
The Logo CHILI' Jusries faid—" Let the De-
fendant be brought up on Wednefday next for
judgment."

,lIIIRVARY 6..-.ADIARY O. RANDALL.
Mr. Gates laid, this was an anion for goods
I fold and delivered. The Defendant by his plea
Paid, the Plaintiff was a native of the United Pro-
vinces who were at war with us, and that, confe-
quently being an dm tamp he could not main-
tain this Adion.
To that plea the Plaintiff replied, that be was
entitled to recover in confectuesce of the proviftons

or the 35th Oen. 111. eap te. That aft pafkd
when Great Britain and Holland were in amity,
and it authorifcd the people clthis country to im-
port Diitcliproperty for th.Lbeneat of the Dutch
themfelves, that tt might no! fall into the hands of
the French. There goods were [hipped at Rot-
terdam, and were loft by capture. Italfo appeared
that his Majetly had granted a licence for the
Plaintiff to receive the motley for theft goods of
the Defendant.

The Counfel Laid, he was at a lots to conceive
how that replication could be an anfwer to the
plea. The Plaintiff was an an: ninny. The re-
plication fet forth feveral Ads of Parliament, the
firft of which was the 35th of the prefent King,
cap. 15. which was paired in confequence of the
French coming into Holland ; and though
Dutch property might be brought into this coun-
try, yet, afterwards, by the 37th of the King (the
Dutch Prize Ad), that property became prize--
With regard to the licence, it did not give r. right
to the PWntiff to fne ; it only authorifid the
to pay over she .money. He really did
no know how he was to argue it.
Mr. Esrwasse, on the part of the Defendant,
relied on two cafes, the one in Ld. Raymond, 282,
and the other in Bufan9uet and Puller's Reports,
563. When the. Connie]. was (taxing the 35th Geo.
111. cap. is,
Lord KENTON, obferved, that when that AR
palled, we were then at peace with Holland.
Mr. ESTTWAfft obferved, that there were feve-
ral Statutes palled after that, to continue that Aft
of Parliametft, which coupled with the licence to
receive that money conferred on this Foreigner
a right to maintain an Aftion in an Englifh Court
of lattice. Whatever the policy of that Ad of
Parliament might be, it would be a fraud on Fo-
reigners to allow them to import goods into this
country as a place of fafety, and afterwards to pre-
vent theta from bringing an Adion to recover
their value.
Lord KENYON-.-" Was there any aft continu-
ing the 35th Geo. 111. c. 15. after we were in a
flare of making reprifals a.,9ainft Holland? Was
.
there any Aft to authonte trading in Holland ?
The 35th Geo. 111. c. 15. was made for Ole bene-
fit of the inhabitants of Holland, that their pro-
perty might be brought over to this country, and
be ;prevented from getting into the hands of
ravagers."
Mr. ESPINASSE affured the Court there were
Ads which continued that Statute, and enumerat-
ed the following as of that defcription-37th Geo.
e. 52 ; 38th Geo. 111. c. 9 ; 39th Geo. 111.
'C. la; 39th and acth Geo. lii. c. 17. Thele
Ads cont hued the 35th Geo. 111. in general terms.
Lord Kartron obferved to Mr. Giles, that per-
haps he was taken a little by furprife with regard
to thefe Aft, of Parham- nt.

Mr. Gizas Paid, he was not taken by furprife.—
He contended that the 37th of Geo. 111. reciting
the order of Reprifals. put an end to the 35th of
the prefent King.
Lord KEN YU a—c, Without fome fpeci.ll Terms,
certainly, it did. Let it Ihtnd over that theft Aas
of Parliament may he looked into. Ido nut chuf:
to take a leap io the dark, 'Jut I do verily believe
it will turnout to be as Mr. Giles has Rated."
Mr. Gists admitted that there Aas con,. inued
the powers of certain perfons called Comm iiiioners,
who were appointed to manage that property.—
But theft Aas did not authorde the importing of
property fuhfequent to „that time, otherwife they
would have deßroyed the Dutch Prize Aa.
When bin Glass was about to addrefs the
Court, on the part of the Defendant,
Lord ICI faid. he thought it was unnecer-
fary for the Learned Counfel to give himfelf any,
trouble on the fubjea, as it was to Band over for
a fecond argument.

TOL 4111 C v. MACH, rsgt
On a former day a Rule was obtained by Mr.
Eas lONE, ott the part of Lord Darnley, for the De.
fendant, Mr. Robert Bligh, to thew caufe why a
Criminal Information lhould not be filed againit
him, for certain Libels on the noble Lord.
To-day Mr. PEacIVAL on the part of the Defen-
dant, movectthe Court to enlarge that Rule. The
rule had been very lately ferved upon him in Dub-
lin, and he had fent to have copies of the affidavits.
It was Elated on the part of the profecution, that
there was time to thew caufe this Term.
Lord !Clorox raid he doubted that. The Nit
could not go to Dublia in leis than four or five
days, and u mild require as many to return. That
would be ten days. and the Term would be over in
:efs than a week; the Rule. therefore, mull be en-
larged till the meat Term.
Mr. NILICIVAL Lid. he had no objeilion to the
[ terms of filing the Affidavits.=Rule enlarged.

POLICE.

KAN s 10 v-Hou sr.—Yefterday atria Petah was
brought before the LORD MAYOR, charged by Mr.
Chriftian, a merchant in Broad-ftreet, with break-
ing open a defk in his counting-houfe, and (keeling
from it bank-notes and cath to the amount of pl.
Mr. Audley, a clerk and tails-keeper in that office,
Paid, that the prifoner had accefs totbeir counting-
honfe to copy letters occationally ; that he left
the counting-houfe about three o'clock. and, upon
his return, he found his de& broke open and rob-
bed of about 241. in one and two pound notes, five
guineas in gold, and twenty (billings in (river, and
daey had maim to (epee the pritoner.--Coz, the
con Gable, Paid he (earthed the prifoner, but found
no money upon him ; but obterved, after he was
in cuftody, he made his efcape, but was purfued
and taken.—The prifoner Paid, he was innocent
of this charge. and being. a foreigner, he did not
know what they were going to do with him, which
astride him run away; that he lodged at No. to.
Role and Crown-court, Moorfields.—Orders were
trhen for th; contlable to go immediately and
hins.apartment.—Committed for farther ez-
szninatio
Several of the defperate gang of pickpockets,
who have been arehended by die Patroles, under
the direaion of Mr. Holdfwcnth, the City Matfhal,
were again brought before the Loan ?Ciro'. mail -
.......
rreet for farther examination.

UNU

.1111112ttle AT A .11A:Skt/tItADS, OIVFM AT TOR-AZDVT, TUE
$ SAT SICIAOS CAtilt Es% IN 110110 VI 417/ I:$E.l/STS.
T. OE EARL I. VINCENT:

.

BALLAD.
The uncles:it Abbey rcar'd its bead,
Its monks and hermits long were dead,
And in thdr Went coaus•l4ll,
Not drelming of a Varquerstde.
Fair Fame, who guards BritannL's ire,
s•
• Who loves on VI src e N T./ brow to Guilt.
Her fav'rite Son with joy convcy'd
Into the Abhey.Mafquclade.

A lined wreath around his head
The fairy Elves Immediate fpread,
Then playful aged each rofy maid,
Is Vs ivetitr now its Mafquerade'?
The virgin-Mutt, too coy to prilfe,
A.,14./VI dues to tell the Herds lays;
For pleating truths are oft convey it
By damfels fair in Marquerade.
With look unfeigal 1 hear you ilk,
Can Heroes ever wear a Matt f

Hi'manly felf He here difplay'd;
Can valour be in Niarqucratic ?
Yea, that fair truth He loves, can tell
That where fuels pow'rs intrepid dwell,
If c'er His well-earsed Laurels ink,
Sr. VINCSNT Uln Marqueradc. •
Mhos Gallic Fleets invade the Um,
When thin:Wring terrors round him roar,

. Could fears Momanlylonl invade,
kt. Vs ractiir li is Mafquerade.
If ferrineVirtie needs a Friend,
'lff former on the poor nun bend,
Ifilnitk hit griefs are not *Bard,
Bt. Vincur is in Marquerade.
And.lll4l the lurking foul be mean.
•
Shoe olattrardice Cl:ercloud the main ;
•
ff warder fmiles his brow degrade,
AT. VINGSMT is in hiefquerade.
Jut when ski feed is nobirbrave,
"Ulm Coonames 6 valour fwells the wave,
His noble deeds are 'ably paid
By Vincent., not in Mafluerade.
Haul! happy Come! where foetal mirth
Proclaims the triumphs °this birth;
Where all his kindnefs is difplay'd,
To bids the Abbcy-Marquerade.
. Where mile and beauty are emnbill.d. 4
To rival bur whole peerlefs mind,
With matchleh bewaty, has difidey'd
Tor-Abbey and the Itlrfaiseradat
• Lieseasant Coon am who for an reties ffbanwerp, al:
tlat toperalleied orb, the war, roadool as
}rich the relkeehtS ieftetPthle" A trlblitS d fricadtp film
Admin.! Earl ST. VS NCR Tto the intrepid C001161.N.