didft thou gaze Nature fweetly fmil'd, The fuckling to her parent breaft; Fofter'd there her darling child, VII. She gave thee with invention's flaming eyé Down the changing cheek: The dove's fimplicity and eagle's might; Now gliding foft along, As rivulets by Cynthia's filver light, Now thundering wild and loud, as headlong furges roll. May 8. 1782. J. Six. Written under an OLD YEW-TREE, in Ribbesford Wood, near Bewdley. BE Eneath this folemn gloom-furrounded A Guardian Genius dwells, if Fame says true; Thy genius form'd immenfe, as once the Ambition fhun, and fhun the flaves of pride. form'd the fkies. And as the taught the rose Its blushing beauties to disclose, Thus form'd and thus imbu'd thy opening This beautiful imagery will immediately remind an English reader of the mythological birth afcribed by our great Lyric to another Darling of Nature," in bis Progrefs of Poetry; "the dauntless child Stretch'd forth his little arms, and smil'd," &c. to which this is fo fimilar, that we cannot fuppofe the German to have been unacquainted with the English poet. HISTORICAL AFFAIRS. TURKY. Conftantinople, May 25. The Grand Signior has juft iffued an imperial edict, exempting British merchants for the future from the Maftaria duty on all goods imported from their country to Conftantinople, and on fuch unprohibited merchandifes as they export from Conftanti nople to their own country, after paying the other cuftoms prescribed by the Imperial capitulations. The plague prevails in many parts of this city, particularly in the quarters of the arsenal and harbour; though its progrefs is happily retarded by the coldness of the weather, and the northerly winds. The accounts from the islands are very a. larming. At Smyrna the infection has increafed confiderably, and has again manifested itself at Kerfon. Lond. gaz. Venice, June 5. The plague rages in Dalmatia, particularly at Spalatro, which city, confifting lately of about four thouLand inhabitants, is already nearly depo pulated. The fuburbs, however, are yet free from the contagion; nor has it hitherto extended itself further in the neighbouring island of Brazza. L. gaz. RUSSIA. Petersburg, May 1. The Empress has taken a refolution to establish a college of the principal commercial houses, with power to decide, without appeal, all dif. ferences, and other points in litigation, relative to trade, that are not of a criminal nature. There have been nominated for that purpose, four Ruffian merchants, four English merchants, and a like number of the other refpectable nations; who, after having formed their plan, are to fub. mit it to her Imperial Majesty's approba tion. Hitherto all differences relative to trade were judged by the tribunals of this empire; the English alone were authorifed to get theirs decided by the College of Commerce. The following is an account of the expenditure of the Emprefs of Ruffia, on an average of several years. Sterling. UNITED PROVINCES. tractions which at prefent exift in HolHague, May 21. Amidft all the dif land, a very fingular circumftance has occurred. The patriots, who are the French party, have, by their intrigues, discovered a written engagement, executed 18 years ago, between the Pr. Stadtholder and Lewis Duke of Brunswick; wherein the former binds himself to follow impli citly the advice and direction of the Duke in all matters of public concern. The execution of the deed is witnessed by M. Van Blyfwyck, the Grand Penfionary of Holland, who is now one of the leaders of the French party. The Penfionary must feel himself in a very awkward predicament, if, according to the fpirit of his party, he now takes any step to condemn that act of the Stadtholder, to which, at the date of its execution, he was aiding and inftrumental. A late Dutch mail brought the Stadtholder's answer to the above charge: "I make no difficulty to put in my the Field Marshal from giving fuch or anfwer: I am in no fhape restrained by ders as might have tended to fecure the frontiers of that state from any attack whatever. And although I am not bound to give an account of my conduct as Captain General of the Union to any one, yet I am ready to fhew my compliance to the defire of their great and Noble Might ineffes, by communicating to them ced not to fend any great number of the motives by which I have been indu troops towards the frontiers before the States had agreed to the refolution of the 7th inftant. As to the written engagement between me and the aforesaid Duke, which took place on the 3d of May 1766, I never confirmed it by oath. Hearing of the reports, equally malicious and void of foundation, which had been induftriously circulated, I had refolved to hold this tranfaction no longer fecret; and I fhall not fail to lay an authentic copy of the inftrument allu 300,000 ded to before their Noble and Great 256,500 Mightineffes. 130,000 L. 260,000 WM PR. VAN ORANGE.” ITALY. Rome, April 14. About midnight feveral fhocks of an earthquake were felt at Albano, Frefcati, Richia, Gefano, Livinia, and parts adjacent. They fucceeded each other until half paft two in the morning; during which interval there were seven violent shocks. The terrified inhabitants abandoned their houses; happily no lives were loft, and only one houfe was thrown down at Richia. Lucca, April 14. The inhabitants of the villages of St Cafciano de Controne, belonging to this republic, and fituated at the foot of the Apennines, lately experienced a moft terrible difafter. After a violent rain, accompanied with high winds, on the 29th of last month, about noon, an extraordinary motion of the earth was felt in the village of Celle; which occafioned the inhabitants to leave their falling houfes, with what effects they could collect amidst their horror and amazement, and retreat to a large plain, driving their cattle thither for fafety. In the evening of the fame day, they had reafon to congratulate themselves for the prudent precaution they had adopted; for a dreadful chaẩm opening, not lefs than fifty houses, which had been inhabited by about 300 people, were in an inftant fwallowed by the earth. The effects of this phenomenon were felt in a circumference of about three miles, which now exhibits a shocking fcene of defolation. The lofs fuftained is estimated at 35,000 crowns. AMERICA. By the United States in Congress affembled. Annapolis, Maryland, Jan 14. Refolved unanimously, nine States being prefent, That it be, and it is hereby earneftly recommended to the legifla tures of the respective Sates, to provide for the reftitution of all eftates, rights, and properties, which have been confifeated, belonging to real British subjects; and alfo of the eftates, rights, and properties, of perfons refident in diftricts which were in the poffeffion of his Britannic Majesty's arms, at any time between Nov. 30. 1782 and Jan. 14. 1784, and who have not borne arms against the United States; and that perfons of any other description fhall have free liberty to go to any part or parts of the Thirteen United States, and therein to remain twelve months, uamolested in their en deavours to obtain the reftitution of such of their eftates, rights, and properties, as may have been confifcated. Ánd it is also hereby earnestly recom➜ mended to the feveral States, to reconfi der and revife all their acts or laws re garding the premises, so as to render the faid laws or acts perfectly confiftent, not only with juftice and equity, but with that spirit of conciliation which, on the return of the bleffings of peace, should univerfally prevail. And it is hereby also earnestly recommended to the several States, that the eftates, rights, and properties, of such laft-mentioned perfons, fhould be reftored to them, they refunding to persons who may be now in poffeflion, the bona fide price (where any has been given) which fuch perfons may have paid on purchasing any of the said lands, rights, or properties, fince the confifcation. CH. THOMSON, Sec. : board the fhip Queen of France, the pic May 27. Arrived at Philadelphia, on the King and Queen. They are in full tures of their Moft Chriftian Majefties, length. The King had garments like thofe he wore on the day of his corona tion. The royal throne is on his left fide, decorated with the attributes of juftice, ally: he holds the ancient fceptre of as marks of the difpofition of their great France in his hand, and the crown, with the hand of justice, lie on a cushion on the right. This is faid by the connoiffeurs to be a masterly piece of the art of painting. The Queen is dreffed in a royal mantle, fpread with a fleur de luce, and fringe and taffels. On a table lies her a gown of fattin, trimmed with gold crown, next to a vafe filled with flowers. The table is covered with red velvet, embroidered with the Imperial eagle of her family. Each picture is about thirteen feet fix inches high, including the frames. ENGLAND. "Sherborne, Hants, June 7. A very extraordinary form of hail happened on the 5th, which was preceded by drops of rain as broad as a half-crown. Thefe drops of rain were foon followed by round hail, and then by pieces of ice, fome of which measured more than three inches in girth; these stones coming from the N. W. broke all the windows and garden glaffes which were open to that quarter, but the principal damage was done in feveral farms at the N. W. of of this village, where it has made great havoc indeed. The beans, pease, and clover, are in appearance half ruined; but the wheat not being in the ear we hope has escaped pretty well. All the hop gardens in that part of the parish are much injured, and yet all the while there was no hail at several of the neighbouring villages, neither did it extend to the top of this; the ftorm appeared to have been not more than a mile in breadth. In the spot where the centre of the ftorm paffed, there arofe a vaft and fudden flood, which feems to have done as much mischief as the hail; the foil is swept out of the corn-fields into the lanes, and the meadows filled with mud and gravel; such a torrent came down the hollow lanes as tore up the very rocks. It is impoffible at prefent to eftimate the damage. The great pieces of hail were, I thought, fomewhat of the fhape of cockles, with a white nueleus in each; it lay three feet deep in fome places, and continued all day yeЯterday." eulogium to raise bis merit. He was a tried feaman, and in the action at Port Praya had added a fresh laurel to his former atchievements: he fought hard with dreadful odds, and had earned those fruits of his labour of which, by the malice of the Commodore, he had been stripped by his suspension. After stating, in very marked and bold language against the defendant, the feverities fuffered by Capt. Sutton, in undergoing the odium and difgrace of an arreft, the counsel infifted, that the Commodore, had he not been influenced by perfonal refentment, might have tried the plaintiff immediately at fea, without taking him round in the expedition to the Cape, and bringing him imprisoned to England. This he should, in humanity and juftice, have done, and not have delayed a measure which every fub.. ject charged with any offence has a right to, that of a speedy trial. He laid the damages at 30,000l. for the imprisonment, and loss of a proportionable share of the prizes taken in that expedition from the Dutch. A letter from Birmingham fays, that on Friday, May 31. in the evening, Sir W. Burnaby, Capt. Pigott, Capt. there fell in Welch Pool, and neighbour- Clements, Capt. Hands, and feveral o. hood, the moft violent and heavy rain ther officers, were examined for the and hail, attended with the moft tre- plaintiff by Mr Lee, Mr Erskine, Mr mendous thunder and lightning, ever re- Peckham, and Mr Fielding. The effect membered in thofe parts. The torrents of their evidence went fully to exculpate of water pouring from the long moun Capt. Sutton's behaviour on the day of tain, brought down a most amazing action, and to prove, that the courtquantity of earth and large ftones, car- martial might have been held at fea; to rying away every mound and railing in fhew that the Ifis had fuffered beyond a its courfe, and entirely choked_up_the_possibility to come out and join, accordlittle bridges across the roads, fo as to overflow them in feveral places. On Saturday, June 19. came on to be tried at Guildhall, before the Lord Chief Baron, the action for damages, brought by Capt. Sutton against Com. Johnston, for the arreft of the former, after the engagement with the French fleet in Port Praya road, on April 16. 1781. [vol. 43, P. 320.] Mr Lee, in laying before the jury the cafe of Capt. Sutton, undertook to prove, that the conduct of the Commodore, in fufpending his client from the command of the Ifis, and putting him under arrest, was not only unjuftifiable in the pretence of disobeying fignals, but a malicious effort of a superior officer to ruin the reputation of his inferior, and a rafh, violent exercise of his authority as a fervant of his fovereign, without any ground whatfoever. Capt. Sutton wanted no ing to the orders of the Commodore; and that the plaintiff acted as a brave of ficer, whofe courage was no ways dif mayed, but who displayed every token of difcipline and bravery. By confent of the court and counsel, Commodore Johnstone himself crofs.ex. amined these witnesses to nautical points, and met with many mortifying answers, impeaching his own conduct as the commander of the expedition. The Commodore preferved an even temper throughout the whole of his disappointments; and confidering that for many hours he had the opinion of such brave and veteran officers in flat oppofition to his project, and published before all the world, the patience and coolness of the Com. modore appeared truly furprifing. He asked one of the captains, whom he had compelled to declare his idea of the engagement to be contrary to his approba: tion, whether he had not in a converfation with him immediately afterwards faid, it was as brilliant an action as ever he remembered. He did fo; but in the afternoon, when he knew all the circumftances of fituation, and reviewed the plan and manœuvres, he thought very differently, and that had ever fince been his judgement of the business. The mafter of the Elizabeth tender, which attended the fleet to obferve the fignals, fwore that the Ifis answered the Commodore within half an hour. A Mr Lee called for the original letter from Commodore Johnstone to Lord Hillsborough, giving an account of the action, wherein the defendant alledged that the plaintiff disobeyed the fignal for three hours. This letter, he contended, was a clear conviction of malice. gainst the production of this letter, the Attorney-General, Mr Scott, and Mr Bald. win, counsel for the defendant, ftrongly argued: a long converfation enfued. The Attorney-General and Mr Lee had a fmart difpute; the former had no objection to have it read as a matter of fayour granted, but he would never confent to have papers, facred and private in the Secretary of State's office, brought forth as of right. Mr Lee told him he talked nonfenfe-that notice had been given to produce them; they were accordingly brought into court, and it would, efpecially after the King's leave had been obtained, be a breach of national honour to with-hold the letter. The Lord Chief Baron ended the conteft, by directing the letter, which ftated that Capt. Sutton difobeyed the fignal for three hours, to be read. It appeared that many parts were omitted in the Gazette. The Attorney-General began the defence of Com. Johnstone with obferving, that the cause had been managed more like an inquiry into the conduct of his client, than to the question which alone had to do with the prefent action, which was fimply this, Whether Capt. Sutton had or had not obeyed the orders of his fuperior? and whether the Commodore had maliciously put him under an arreft? His learned friend, Mr Lee, had not in his opening mentioned a word refpecting the acquittal of Capt. Sutton by a courtmartial. As he had introduced the record which had been read, he was aftonished the learned counfel for the Cap tain should be filent on fo material a part of the cafe. He could not poffibly acVOL. XLVI. count for it, except by prefuming that in the reply of his learned friend,, he fhould labour that point to fupply the omiffion of the opening, a chafm he fuppofed made for the very purpose. He cordially agreed in one confideration, that a more important caufe never came before a court; it regarded the difcipline of the navy moft effentially indeed. The question was no lefs than, whether a commanding officer, by the acquittal of every inferior who to him appeared a fit fubject for an arreft, is to be peftered with an action for damages? It was a great and moft confequential queftion: there would be an end of difcipline if the plaintiff fucceeded in this caufe. Who would government get to proceed on hazardous expeditions, if he was liable to be called upon in a court of juftice? He appealed to the jury, if they could confcientiously determine that there was no ground for fuperfeding Captain Sutton. The courtmartial took eleven days in the inquiry; and to the fame tribunal Capt. Sutton ought to have applied for condemnation of the Commodore's conduct. It was a very unfit subject for an English jury, As to the trial of Capt. Sutton at fea, it was a dangerous doctrine to advance, and more fo to encourage. Such a step would have retarded the expedition, and been of much injury to his Majesty's fervice. He hoped the jury were not to be guided by party prejudices without doors, but to lay out of their minds every degree of confideration beyond the evidence before them. He then called witneffes to combat the profeffional opinion of the officers called by the plaintiff. Mr Lee made one of the ableft replies we ever heard; ridiculed the advice of the Attorney-General, for an Englishman to refort to a court-martial for damages, and not to a jury of his country. The Lord Chief Baron, in his charge to the jury, obferved, that it was neceffary they were fatisfied of two facts: Firft, That the Commodore was actuated by malice to order Capt. Sutton under an arrest: 2dly, That he could not. try him at fea with naval convenience. He faid, that the extreme length of the trial prevented him making any obfervations on the evidence: he left the whole to their confideration. The jury, which was special, retired about feven o'clock, and at eight on Sunday morning gave a verdict for 5000l. dimages to Capt. Sutton, Τι |