Star.
London, England, 1810-05-28 00:00:00

`made with the public, Or with sOMehody. t put ?of.
ward Mr. Mortlock, in order to try the agreement,
and it is declated, that he shall•not set up themon-
liability of a Public Officer, and therefore I conceive,
that the fact is the same as if an Issue had been
granted. If an Issue had been granted, it is very
well known, that it would nit signify who was the
plaintiff and defendant, and that Order puts us in
the same situation as if an Issue had been granted to
try the question.
Mr. .Justice LAWRENCE-4 cannot agree with you
in that, Brothet Shepherd. Thus far I do agree
with you : In consequence of the Address, the Re.
Ceiver-Geaeral•is to defend the action, but it is left to
you to frame the action, and to put it in such form
as yon think lit ; and if you put it in a form such
es not: to prove your case, it does not prove that you
are nonentitled to recover if you put your case in
another" If you had put your case in the form of an
Issue, though if you could or not I do not know, but
g it. had been an Issue' to determine what was the'
agreement, I should have known what was to be tri-
e& The House desires the Receiver-General to de-
lend
the action, itcl he does so ; but he is directed
not: to set up two, defences, viz. the Statute of Li-
taisatieue and hiiliaii-riabifity ; but it left the plain-
tiff-mazy in.what way -i-it by a bill in equity, or by
an action at lair, and in what way the action is to be
-.shaped, .and I must try it as other actions ; and the
Aitentiens on . the inward are, if Mr. . Mortlock has
teitheretpresslt•ot implicitly entered into the con-
I mitt ? That. is one of the questions in the counts of '
the declaration., He says he has not, and I have no ,
titlioriV to try any thing else.
•Mr,•Serjeant Lasts.—My Lord, I do not wish to
re=argue the question, but only to submit whether i
your Lordship cannot indulge the Plaintiff so far as, i
if the objection is not made on the other side, to re- ,
lieve him from that which is an insuperable difficulty. i
We were under the invincible necessity of bringing it
.r in this way. I should hope that they would consent j
to wave the objection, which if they did not, we felt •
from the first it would be impossible to proceed.— I
The question is, whether your Lordship may not i
collect from some express ded.iration, whether this
money was.not Paid ? It i.•! objection is waved, then ;
there will he no diffimt k is the record, as there are
in it general counts fli• ultiney* had and received.—
That
cannot be hastily insisted upon ; but unless it is
put in the shape of an objection from the defendant,'
your Lordship mig;it permit as to go on. Your Lord-1
' shrti irilt Consider the difficulty in.which we stand.—
' e queition is, whether the other side may not al-
low us to proited; and if your Lordship may not,
[ ander vairntlibissismal. try the question?
• Mr Justice L'alenzacz.—You know that the Jury
are sworn, and I am sworn, and it is my duty to try 1
AileAssßejoined.between the parties., and I cannot do
otherwise, .;The Jury are sworn, and I am to admi-
, nister:jAsti..., AO not to try questions other . than
wbai the re'asid raises.
. fs,lr. Serießat LEICS.—But what I submit, my Lord,
is, whether this admission from the other side, will
not bring it within the Record ? -
Mr. Justice LAWRENCE.—UnIess you shew that the
Receiver-aeneral has received some of the money I
which he might pay to the plaintiff against the will 1
of the Post-Maser-General, and produce his receipt
in discharge, it will not do ; but if he wants an au-
thority to do that which he has not had, I cannot i
t say; in point of law,. that you .can recover.
Mr. Serjeant Lays.—Certainly not, my Lord, if
that is not implied: ~
Mr. Serji.ant Bost...Your Lordship sees, that the
object of tn. Order was, Lc:playa the justice of the
case discus., I here, And it ir impossible, but by the
lladmis.oon. sj,,the: other 'side, that tote justice of the 1
case can 1.51/,.;,a;ra,,,We Altar felt the objection''
your Lti- :tv.::p:ilasstiOnd;aid.that if it were persisted
in, it wi.u* • priment us frozn.reCOvering.
Mr. Ju.,,,.e.Qi...s.wanacz.—l suppose that you would
reel'it like;ingsNt itill k,can know nothing but what
is on dui race (IT 0., Iritieord: '"As to the difficulty of
' framing the.4Wooillinotv nothing, but if it were
difficult- it Corm* td Oiiis.tlikiwhatever the claim may
. ' be, this is nok the way to inbStantiate it.
Mr. Setjeint UsT.=-Bur *ill -your. Lordship not
I allow us to kik the other side to consent to this evi-

, PRODi itAtt,IDAI NIGHT'S GAZETTE.
•
• ADMIRALTY"-oltrltE, MAY 2E,
Copy Of a Letter from Videililbfifill Sir Joilnarlailaialeil.
K. B. Commander it of pia
it Halifax to John Wilson Citilteildr., titatittiglt • . .
I the 21st Febniary,--1640: •! : 31. ,
Sir—l inclose for tit! Infokne,lon Dona Lords..Comatibtioners
of the Admiralty, the copy Of a letter from Lieutenant Peter
Proctor, in old officer of math merit, commanding his Majes-
ty's schooner the Thistle, detailing the account of an action with
the Dutch national corvette*De Havik, commanded by a Lieute-
nant of Marine. The OW is a large East India built ship, of
very wad* appearance, and the good conduct and bravery dis-
played by Lieutenant 'Proctor, his Officers and men, In attacking
a.ship of her size and force, and their perseverance ander many
difficulties, will, I trust, entitle them to their Lordships favour.
▪ have the honour to be, &c. (Signed)
Jellt 1101ILASI WARIUN.
Thistle, at Sea, February 1, 1810.
Sir—Yesterday tnoning we hove in sight of a ship,
which,, upon being chaced, manoeuvred suspiciously,
and excited our best endeavours to come up with her.
After a chace to windward of seven hours and a half,
the superior sailing of his Majesty's schooner under
my command brought us alongside ; and the mu
ment hailed, the stranger hoisted Dutch colours,
commenced action, and attempted to run us down ;
we were fully prepared to meet him, 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 thni brought into running fight
for four 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 she
was the Dutch national corvette de Havik, com-
mander! by Mynher J. Sterling, Lieutenant of Ma-
rine, mounting ten guts, pierced for eighteen, with
62 men, and having on board the Batavian Admiral
Btiyskes, with his suite, late Lieutenant-Governor
and Commander in Chief at Batavia, from that
island bound to New York, and partly loaded with
spices and indigo.
One man on board the enemy was killed, the Ad
minil and seven men badly wounded. The loss on
the part of the Thistle was Samuel Hobbs, a priiitte
marine, killed, myself and six men wounded.
At an early part of the action three of-our catro-
nades were dismounted, but the gallant conduct of
every one of my crew readily replaced this damage,
bravely emulating each other in supporting the su-
periority of the British flag, I am) &c. ,
(Signed) P. PitOctoi,
MILITARY PROMOTIONS.
WAR-OFYICE, MAY 26.

2d Regiment of Life Guards—Cornet and Sub-sase....._
John Cox, Bait. to be Lieutenant, vice Clarke, deceased.
The Honourable George Cathcart to be Cornet ard Sub Liente-
tenant, vice Sir John Cox.
3d Regime:ft of Dragoons—William Bragge, Gent. to be Cornet,
by pur.•:!i..se, vice Evans, promoted.
7th Reein:ert of Light Drojoors—Cornet A. Damn to be Lieu-
tenant, by purchase, vice Stone, who retires ; Cornet and Ad-
jutant A. Myer, to have the rank of Lieutenant; James D.
Eliminstone, Geht. to be Cornet, by purchase, vice Robeck,
prcmoted ; and John George' Maddison, Gent, to be Cornet,
without purchase.
20th Ditto—Cornet John Atkinson to be Lieutenant;*by por-
Sase, vice Burgoyne, promoted.
Regiment of Foot—Lieutenant J. Birmingham, from the West
Suffolk Militia, to be Ensign, vice Egan, whose appointment
I:as not taken place.
14th Ditto—Ensign Jacob Meek, from the Royal York Rangers,
to be Ensign, without purchase, vice Grey, promoted in the
Foot.
19th Ditto—Lieutenant Harry Beaver, from the Vitt Foot, to
~ be Lieutenant, without purchase.
Mid Ditto—George Fielding, Gent, to be Second Licutebtnt, by
curch•_se, vice Smith, promoted.
114th Ditto—Lieutenant William U. Douglas, from the 78th Foot,
to be lieutenant, without purchase.
26th Ditto—Ensign Walter Graham, from the Forfar Militia, to
be Ensign.
3tat.Rtgiraent °wort..
To be Lieutenants, without purchase,
Ensigns David Macpherson, Francis Knox Charles MlCarthy.
Seth Ditto—Ensign 'Thomas Thompson, from the 46th Foot, to
he Lieutenant, wkhost purchase.
43d Ditto—Ensign Sohn Angrove to be Lieutenant, by purehue,
vice Gordon who retires.
45th Ditto—Lieutenant the Hon. Sholto Douglas, from the 6th
Dragoons, to be Captain of a Company, by purchase, vice Mul-
lis, who retires • Alexander Fraser, Gent. to be Ensign, by pur-
chase, vice Kelly, promoted.
47th Ditto—Lieutenant Thomas Ramsay, from the 52d Foot, to
be Captain of a Company, by purchase, vice Ellington, pro-
moted.
50th Ditto.—Charles Collins, Geut. to be Ensign, without pur-
chase, vice Freeland, who resigns.
52d Ditto—Lieutenant Charles Diggle to be Captain of a Com-
pany, without purchase, vice Murray, promoted in the lossi
Foot ; Ensign Charles Grey, from the 14th Foot, to be Lieute-
nant, without purchase, vice Diggle. •
57th Ditto—Lieutenant David Browne to be Captain of a Com-
pany, by purchase, vice M'Gregor, who retires; Ensign John
Myers to be Lieutenant, without perchase.viceßrowne.
59th Ditto—James Doran, Gent. to be Ensign, by purchase, vice
Chadwick, promoted.
60th Ditto—.Lieusenant Florence M'Carthy to be Captain of a
Company, without purchase, vice Grant, promoted.
63d Ditto—Brevet Lieutenant Colonel Riebani Lee, from Half
Pay of the 135th Foot,to be Major, vice hips, whoexelanges •
64th Ditto-Captain William Beatty to be for, by purchase,
vice Wardlaw, promoted in the 76th Foot,a .
Cornet -Wm. Pears, from the Royal Wawa' Train, to be Er.-
- sign, vice Marchington,evlso exchanges., •
77th Ditto—Qtrarter Master Jobs, Kelly tOtibe Paymaster, rice
Staig, who resigns.- .
57th Ditto—Ensign E. P.-White to be Lidallfaut, vice Hing-
stone, deceased ; Waller; Gent. to be =asp, vice White.
Ist Ditto—Serjeant Major Archibald Ferguson, from the Ar-
gyle Milida, to be Quatiellikettr, vice Scott, appointed Ad-

040 - . - • -
Mr‘listico .tAttutimcs,—/ have tid objection, but
I shall say, when it 4.40ne tbrougl4. that I do not
think-it runes the case.-? • - •
Mr,. liituuliOa-:AflTllMirl4Mermit me to
say- -that in the' declaration yilniiUslthinp will see
under that
agreement with Mr. Pftti'dwithilr. Mort-
lock undertook to pay ? btu-
Me Justice .I..twaßict-At Aftiatittildvised, I
do Prit think that question is on tife'stterdi
'Serleant Sntainnan-4/14 I ask my Brother,
if he will consent to admitit"?
Mr. Serjeant Cotacktalruu must not ask that of
Me,:BrOther..
eijeant SHEPHERD—DO you -admit the fact
if the agreement to the effect stated is proved ?
Mr. SOLICITOR GENERAL—What effect ?
Mr. Serjeant SHEPHERD—I only ask this question.
If you admit that Mr. Mortlock has received from
the mvenues of the Post Office, the money to
Mr. Palmer, supposing by law Mr. Palmer is enti
as having made the agreement with Mr. Pitt .?
.
Mr. Serjeant Cocazit.—l know nothing about no
upon my woid of honour.
Mr. Serjeant SHEPHERD-`DO you admit it ?
Mr. Serjeant -CocituLt.—Noi I tell you ; I cannot
;admit that which I do not know to exist.,
Serjeant SlttruEau-..After what your Lord-
ship
has,mid, I feel 041 cannot proceed.

jutant. • .
92d Ditto-;--Captain Archibald Campbell to be Major, by pur-
chase, vice Watson, who retires; Lieutenant Roger Aytoup to
be Captain of a Company, by purchase, vice Campbell ; En-
sign Wm. Little to be Lieutenant, by purchase, vice Aytoun.
94th Ditto--Ensigu Sir John A. Clerk, from the 4th Garrison
• Battalion, to be Ensign, vice Watson who exch4olles.
1034 Ditto—Ensign Robert Bradfutt, kilo the Cknadian Fend-
bles, to be Ensign, vice Gviltek.,_ wlsq eidithriges j• Hospital
Mate John Crozier to be Ajaistint Buigenjh !ice Anwyl, who
• resigns.
i
"" '`-: ' ...--i o ; , Q.d West India Regiment--Lieutenini Cilativekielean, from the
CORN EXCHANGE,• MARK-LANZ, MA? 28.—This day there 1, 79th Foot, to be Captale Of a Csimpaiimijelhout purchase,
are large supplies of Wheat, chiefly foreign, tales are heavy, and I vice• Carpenter, appointed, tll the 15th F ,' '
-at Cki achou wer..prices—Barley and Malt at little variation— , Royal York Rangers—Wm, Eennkk,
ppented.6 (14600 liolipeign, with-
White Peas are dearer—Beans of the two kinds rather lower— out purchase, vice. Meek, a00.41*
I .
There are considerable 'applies of Oats, second and inferior qua- Cape Regiment—.JohnLaycoek, ciao.. ocipicitn, without
lilies art ilheaper••—Flour untie last. purchase, vice purnford, promoted.. ' •
6 .zr..• , It i1•f.,.• GENRISAI. eustaaNcr AS UNDER. Chasseurs Britanniquei---Ensign J. F. de Pouchalon, from Dil-
Iliffsget, W, 100 s. 1164 Beam, (old) 60s. 654 lon's itegbnent, to be Lieutenant.
-Pine ditto, 104 1244 . . 'lick ditto (old) 501. 555. Royal Waggon' Tralti,L-Ensign Joseph Marchington, from the
. . ....3fa "•: be . _ „,
Rye 486.643. . 'Ls ' Oats 224 255. 28s. 64th Foil, CiirtFt, vice rears, who exchanges.
Baty, S4s. 485.:• ,):•il'ilti!: ; ....pokud ditto, 3ss. 375. dd. 4th Garrison ERLER4.OD—Ensign Jobb Watson, from the 94th
Malt 70s. 78s. r:; ,I)Ii! ,7 L:•Potatoo ditto, ss od. Foot, to be Ensign, vice C%te who exchanges.
Wbite.Feed (boilers) 740. SOS. Rape Seed, 481. 541. ,
.dett Dittce—Lieutenant Levels Q'ileirne, from the 49th Foot, to
Greg ditto 4.5...515.—Fin0 Hour 9Ss. 100s.o—Sesonds 905.955. be Catitaitt of a CoMpany, vice Rives, appointed a permanent
FROM THE .LONOON GAZEpilks Sitly 26. ." Aisistany9uarrer Maaterigeneral.
;am .insis,from the returns :, Canadian Kncitiles.--Lieetailled James Petits to be Captain of a
Average Peke of Cord in
eadibg the: ilitAtt liditY,Vill ria,liric, • Company., vice 'MUD; Eilsonth •
wvak.ya , ,211:saitivar, a ' • Beans. Pease. ' Ensign 'Mollies F. Gunter, •Itvia dee.lo3d Foot, to- be Ensign,
ils',rit sai: .tlt• AI fi :• . As. vice litilfect,Yrlso scodielidell •' . r.. 1,444: ..
~ .
doli
M.II:Sur 4 i4f8,4 •• „ ISttl- a 4. • •. : -mo ;••• •, • ; shown .• ..; „L. ,„,,...,... .• '
' The aver ge , ~ ' elie.returns made Captain the Hon. Alexander Gordon, of thrld• %it Oinu•ds, to
in the week endiftg the Sid 'is sb. lit per cwt. be Major in the Amp. , ! :., .• • -, •
~f ..,•• .1
• • • .. •