Hobart Town Gazette and Van Diemen's Land Advertiser (Tas. : 1821 - 1825), Friday 6 February 1824, page 2


Hobart Town Gazette.

FRIDAY, FEBRUARY 6.

Sitting Magistrate—G. F. Read, Esq.

Ship News.—On Wednesday last arrived from England the ship William Shand, Captain Kenn, with merchandize and passengers.—She left England on

the 20th of October.

Same day arrived, likewise from England, the ship Aguilar, Captain Watson with merchandize and passengers also.—This vessel left England on the 3d September, and touched on

her passage at the Cape of Good Hope,

which she left on the 24th December.

Yesterday His Majesty's colonial

cutter Mermaid, Captain Pierce, came to an anchor in the Port, after encoun-

tering severe gales for three days off the heads and in the river. The Mermaid

brings down a detachment of the 3rd Regiment (Buffs), under the command of Captain Innes, of the same corps, to relieve a part of the 48th Regiment at this Settlement.—Lieutenant Everdern, of the 3rd Regiment, also arrives by this vessel ; by which John Wyld, Esq. the Agent (for Van Diemen's Land) of the Australian Company, has returned to the Colony.

His Majesty's ship Tees will sail the

first fair wind on a cruise to New

Zealand, from whence she will, we understand, return to Port Jackson.

The Mermaid will sail to-morrow for Port Jackson.

The Belinda will sail for Sydney also in the course of the ensuing week.

Remain in the harbour, His Majesty's ship Tees and cutter Mermaid; the Australian Company's ship Triton; the ships William Shand and Aguilar; and the brigs Ann, Jupiter, and Belinda.

The LIEUTENANT GOVERNOR visited

Captain COE on board His Majesty's ship Tees, on Sunday last. Captain

Coe received HIS HONOR with a salute

of 13 guns, and repeated the salute upon his quitting the vessel.

We are sorry to have to report, that on Monday evening last Mr. FIELDER, Purser of His Majesty's ship Tees, now in the harbour, unfortunately fell overboard, and was drowned.—The First and Third Lieutenants, immediately after the accident, leaped into the water; but, we lament to say, their gallant attempt to save a brother officer was not

crowned with success.

MERINO SHEEP.—By the William Shand, one of the arrivals this week from England, Van Diemen's Land has again been benefited by an importation of no less than one hundred and twenty-eight fine ewes and rams of the pure Merino breed. Of these, fifty were shipped from the flock of Sir JOHN SE-BRIGHT, Bart. for THOMAS ANSTEY, Esq. of Jericho ; and, owing to the great

care and attention which was bestowed

on this Gentleman's sheep by the Com-mander of the vessel, Captain Kenn,

only two of them died during the pas-sage, ten rams and thirty-eight ewes having arrived in most excellent con-dition. — Fifty-two ewes and five rams, from the flock of Mr. HENTY, of Arun-del, were put on board for Mr. RICHARD WILLIS, a Gentleman lately settled in the Island, near Port Dalrymple, two of which only died on the voyage.—The remainder, twenty-five in number, have also been landed in an uncommonly fine

condition.

An Inquest was recently held at Launceston before P. A. MULGRAVE, Esq. Coronor for the County of Corn-wall, on the body of John Smith, a con-vict.—lt appeared from the evidence, that the deceased had been in the bush upwards of two years : he and another runaway, of the name of Lennon, both armed, were fallen in with by serjeant Wilcox of the 3rd Buffs, Mr. Lucas, and

some other persons. Smith presented his gun at the party, upon which Mr. Lucas fired, and mortally wounded him.—The jury returned a Verdict—That the deceased was shot by Mr. Lucas in his own defence.

Passengers per the ship Aguilar:—

Mr. and Mrs. John | Mr. James East

Duncan, & family | Mr. William Mason Mr. William Archer | Mr. William Bayley Mr. J. B. Weller | Mr. George Jarvis Mr. C. M. Cogle | Mr. James Crisp

Mr. George Govett | Mr. John Griffiths Mr. James Bryant | Miss Rhoda Hull

Mr. Edmund Bryant | Mr. & Mrs. Smith Mrs. Roe, & 2 child- | Mr. & Mrs. Sparke

ren | Mr. Edward Sparke

Mr. William Ruffey | Mr. George Sparke Mr. Fred. Ruffey | Mr. John Sparke

Mr. John Kerr, sen. | Mr. William Sparke Mr. John Kerr, jun. | Mr. Andrew Sparke

Miss Sarah Kerr | Mr. William Sparke

Mr. James Duncan | Mr. Joshua Thorp Dr. T. Tomkinson | Mr. Richard Waycott

Mr. W. Hutchinson | Mr. William Lundin Mr. & Mrs.Maddock, | Mr. James Kiernan

and family | Miss Mary Hoskins

Mr. David Hyldiard | Mr. and Mrs. Brad-Mr. John Bonney | ridge Mr. John Robbins | Mr. and Mrs. Morris,

Mr. Charles Robbins | and child.

Passengers per the William Shand:— Mr. & Mrs. Thomas, | Mr. Skenner

and family | Mr. Marten

Mr. & Mrs. Howell | Mr. Townsend Mr. Maitland | Mr. Lambert, and 2

Mr. & Mrs. Stare, & | children

child | Mr. Coke Mr. Shallis | Mr. Duffield Mr. Rose | Miss Frinch.

The ship Guildford, Capt. Johnson, with male prisoners for Port Jackson, sailed from Portsmouth in company with the Asia, which lately landed prisoners

at Hobart Town.—The Guildford will

exceed every other transport in the num-ber of voyages she has made to these Colonies, having already been out here five times since 1812, always with pri-soners, and the same Commander.— Chief Justice Forbes is passenger in this ship.

The Adrian, with passengers and merchandize for this port, was on the point of sailing when the William Shand sailed.

The Hibernia, with male convicts for this place, was expected to sail in a few days.

By the ship William Shand, London Papers to the 16th October have reached the Dependency. We have been kind-ly favored with a momentary perusal of some of the latest, from which we have hastily gleaned a few of the most inter-esting articles of intelligence.

The King, we have the satisfaction

to announce, was in excellent health. His Majesty had been some time re-siding at Windsor Castle.

The King of Spain and his family ar-rived at the head quarters of the French army on the 1st of October.

Cadiz was surrendered to the French; and Riego had been condemned to be shot. The following is an account of the

CAPTURE OF RIEGO.

PARIS, SEPT. 29.—"The garrison of St. Sebastian capitulated on the 27th. The town and the citadel will be occupied by our troops on the 3d of Oct. The garrison, amounting to 2,200 men, are prisoners of

war."

[From the Moniteur.—Official part.]

Army of the Pyrenees.—Bulletin.—" The last bulletin stated, that Riego had been ob-liged to throw himself into the mountains

of Alpujaras. This revolutionary Chief had

still 3,000 men with him. He resolved to make use of them to make an attempt on the cantonments of Gen. Ballasteros, and endeavour to induce his army to mutiny.— To this end, after various roundabout ways, he succeeded in passing the Grenil on the

8th.

"General Ballasteros, on his side, being informed of the movement of Riego, had sent two of his brigades to Carcabucy and Lucena, and had but a few troops at his quarters at Priego, when Riego appeared there on the 10th. He however advanced to meet him, and, mingled with his sharp-shooters, ordered the firing to begin, which killed an aide-de-camp and several soldiers

of Riego. But the troops of the latter threw up their schakos (caps) in the air, and

joined those of General Ballasteros, who

then thought that the latter wished to unite with them. Riego took advantage of this

confusion and his error to deceive Gen.

Ballasteros; but seeing that he would not second his guilty projects, and that on the contrary he was resolved to fight rather than violate his engagements, he caused him to be arrested with his whole staff, and

left nothing untried to seduce his troops.— Riego having thus failed in his enterprise,

hastily retreated upon Alcandete and Mar-tos. Not one officer, nor soldier of Gen. Ballasterros, followed Riego. The enemy rallied in the heights behind Jaen, in the direction of Mancha Real; and occupied a new position with part of his infantry, and all his cavalry. General Bonnemains ad-vanced against him, supported by Colonel

Choisseul, at the head of the 19th, who ex-ecuted a brilliant charge, traversed the in-fantry, and overthrew the cavalry, which he threw into complete disorder. From that moment the enemy was driven from position to position, l'epee dans les reins, beyond Mancha Real, where our troops en-tered at eleven o'clock at night, after 14 hours' fighting. Riego, when he arrived at Jaen, had still about 2.500 men.

"The village of Iodar, by its position, ap-peared to be necessarily a decisive point for him who should first occupy it. Colo-nel d'Argout, therefore, leaving his infantry behind, made all speed to reach it ; but when he arrived on the 14th, at noon, Riego had reached it an hour before, with about

1,500 foot, and 500 horse. Col. d'Argout skilfully took advantage of the surprise which his sudden appearance caused, and, without suffering himself to be delayed by the fire of the posts, he made his regiment proceed along one of the exterior sides of the village, to advance with rapidity to the other extremity, where the enemy's infan-try had formed two squares, one of these squares was charged and broken by the

first squadron, and supported by the se-

cond, immediately advanced upon the ca-valry which was attacked with the same vigour, and put to flight. During this time the other square had succeeded in gaining the mountains against which Iodar in a manner leans, and where the men who composed it dispersed, flying in all direc-tions, while Colonel d'Argout caused the enemy's cavalry to be briskly pursued by the rest of his troops. This daring enter-prise, which has completed the destruction of a corps composed of the revolutionists who were the most implicated and the most determined, has cost the enemy 613 pri-soners among whom are one general, 6 colonels, and 87 offiers ; 60 killed and wounded, among whom are several officers ; besides which we took one pair of colours, 4 chests of money, and almost all the bag-gage. On our side 2 chasseurs were kill-ed and about 20 wounded, but only four dangerously. We had 20 horses killed, but they were almost all immediately re-

placed by those we had taken.

"After this brilliant affair, nearly 100 of-ficers, among whom are 4 of Riego's aides-de-camp, and above 200 horsemen, pre-

sented themselves to General Carundelet, commanding the troops of Gen. Ballasteros, at Ubeda; and Riego himself, abandoned by his men, and in disguise, having sought an asylum in a low farm near Arguillas, was arrested there on the 15th, with two Colonels and a Captain, by the inhabitants of that place, and conducted to the prison of La Caroline."

Perpignan, Sept. 20.---When the demand was made for troops at Barcelona, eight companies of the foreign legion were ready to march, as well as a great number of young men of the richest families of Catalonia.

The corps of officers made prisoners, and who arrived yesterday are of the finest description.

The following are also extracts from the same journal:---"SOUTH AMERICA.---St. Thomas,

Aug. 26.---The Royalist General Mor-ales, surrendered by capitulation on the 3d. instant to the Columbian forces.---All the Spanish vessels of war on the Lake of Maracaybo were given up to the Patriots; the troops have liberty to go to Cuba, and Morales himself, with his staff, &c. have already sailed for the Havannah.

Porto Cabello must now also surren-der; and a prospect of security for com-mercial men on the main begins to ap-

pear.

Letters of the 10th July, received in Glasgow this morning (Oct. 5), by way of Liverpool from Buenos Ayres, com-municate the terms of an agreement be-twixt the Government of that place and the Commissioners of the King of Spain. All hostilities are to cease within sixty days after the ratification of the conven-

tion, and to continue to be suspended for eighteen months ; nor shall hostilities recommence, nor commercial intercourse

be interrupted, without four months previous notice. Each of the parties is to be admitted ínto the other's ports on the most favourable terms. The mer-

cantile people were in general pleased with the measure, but there were others who disapproved of any arrangements

having been made with Spain without a previous acknowledgment of the inde-pendence of South America ; and urged that a suspension of hostilities for the time mentioned would allow Spain to get out of her present difficulties, and to return upon them with renewed pre-tensions and increased force. As a number of the members of the Junta were of the latter opinion, it was doubt-ed if the Convention would be ratified. The subject was expected to come un-

der the discussion of the Junta in a few

days."

Mina, and the other Constitutional Chiefs in Catalonia, appear to be re-solved to continue their resistance to the French.

His Grace the Duke of Wellington had departed from England for the Netherlands, to inspect the line of fortresses.

The Right Honourable Thomas Wal-lace has been appointed Master and Worker of the Mint.

Major General Sir John Cameron, K. C. B. has been appointed Lieutenant Governor of Plymouth, and Com-mander of the Western District, vice Sir Denis Pack, deceased.

Lieutenant General the Earl of Hope-ton died in Scotland in August; and

The celebrated physician, Dr. Baillie, died in London, in the beginning of

October.

Lord Napier died in Ireland on the 1st of August.

A Paper of the 3d of September

announces the death of the late venerable Pontiff, BARNABI CHIARAMONTI, which took place at Rome on the 20th of August, in the 82d year of his age, and 24th of his Pontificate.---Pius VIÏ. was born at Casena; and in the death of His Holiness, the Christian World has to lament the loss of one of its

brightest ornaments---a virtuous and en-lightened Pontiff.

We have received a Sydney Gazette as late as yesterday week, by which we perceive that the Sir Godfrey Webster, lately from this port, had safely reached that place. The following arrivals are reported in that Journal:----

"On Monday last arrived from Ireland, with 139 male prisoners, having lost one on the passage, the ship Castle Forbes, Captain Ord. She left Cork the 28th of September, and called no where. The Guard comprised a

detachment of the 40th, under orders of Lieutenant Richardson.

"On Sunday morning arrived, last from Amboyna, His Most Christian Majesty's corvette, La Coquille, com-manded by M.DUPERREY, who was here 4 years ago as Second Lieutenant of the Uranie, with Captain de FREY-CENET, as were also many of the other Officers. We understand that Geo-graphy and Natural History are the principal objects of this expedition, which has been l8 months from France, and is likely to be as long again before it

reaches home.

"Lieutenant-Colonel BALFOUR, of the 40th Regiment, with his Lady and family, have arrived on the Castle

Forbes.

"The Surgeon Superintendent of the Castle Forbes is Dr. Anderson, R. N. This makes the fourth time this Gentle-man has visited Australia."

The following trial in the Supreme Court at Sydney, on the 9th December last, wherein Joseph Archer, Esq. of this Colony is plaintiff, and Captain Jeffery, of the ship Berwick, defen-dant, we copy from the Sydney Gazette of the 11th December:---

This day the following judgment of the Court (Messrs Riley and Wemyss, Members), was delivered by Mr. Justice Field:---

This is an action brought by the Con-

signee, in the bill of lading, against the Master of the ship Berwick, upon the bill of lading of twenty-four head of horned cattle and sixty-two Merino sheep, whereof and of the increase only one bull calf and thirty-six sheep and lambs were delivered at the Derwent, and also, for the unconsumed provenden, for which there is no bill of lading. The

bill of lading couId not be received in evidence for want of a stamp; but if this were a mere action for non-delivery of goods, and the Court saw plainly that they were the consignee's property, they would suffer him to recover the goods without the bill of lading. But these cattle and sheep, and their provender as special goods, and in their nature mu-table and consumable ; and were the sub-

ject of a special agreement between Messrs. King and Archer (the plaintiff's father) in England and the defendant, a verbal agreement (according to the evidence before us) for proper stalls and slings, and (as the defendant alleges) there was a written agreement between Messrs. King and Archer, and Messrs. Whiston and Hewitt, the shippers, as to the shipment and carriage, but as the defendant cannot prove (in his turn) for want of its being stamped. We are therefore of opinion, that this action should be brought by Messrs. King and Archer, who made this verbal agree-ment with the defendant, and paid the freight or rather hire of accommodation, and that it cannot be maintained by the plaintiff, who was not privy to the con-tract. It is absurd for the plaintiff to sue as consignee in the bill of lading, or as assignee of the property by other evi-dence, for the non delivery of—"twenty-three bullocks (as they are called by mistake), sixty-two Merino sheep, and

one cow, in the like good order, and well-conditioned," when the greater part

of them were to calve and lamb on the

voyage, and when seven lambs and one calf were actually landed; and when it was of the essence of the special agree-ment, between Messrs. King and Archer and the defendant, that they should find stockmen and provender, and he water ; and the bills of lading in this case must therefore be taken not as the transferable agreement between the parties, but (as they are when there is a charter party) as the mere evidence of the shipping and the receipt of the original cattle and sheep. How can the plantiff aver (as he does) that part of the said stock in the bill of lading, to wit thirty sheep, were delivered; when some of the sheep delivered were increase on the voyage, about which the bill of lading says nothing? The terms of this bill of lading would have been complied with if the de-fendant had kept back all the increase. Messrs. King and Archer must sue the defendant upon their agreement with him, when it will be seen what accom-modation the defendant was to give— what deals and slings the shippers found,

&c. It is in evidence that Messrs.

King and Archer were dissatisfied with the accommodations at Plymouth, and talked of protesting; but it is also prov-ed by the plaintiffs shepherds, that they were afraid of having the sheep remov-ed to a better berth, lest there should be more freight to be paid to the defendant; the plaintiff must wait till the protest and fuller evidence of the agreement come

out.

Besides the counts on the bill of lad-

ing, there are counts on the special agreement, in which it is averred, that the defendant undertook to provide the

stock with water and accommodations. To whom did he undertake this? to the

plaintiff; No, to Messrs. King and Ar-cher! and how therefore, can the plain-tiff sue for the breach of agreement?

There are also counts for the pro-vender, respecting which there is no bill of lading for the plaintiff to be consignee of, and an averment that the defendant undertook to apply it to the support and

maintenance of the cattle. This under-

taking was likewise to Messrs. King and Archer, and not to the plaintiff. We are very sorry the parties should be put to such expence, when the evidence

at present before the Court, as to negli-gence and want of water, is all one way, but it will be most material to see more

clearly, than by the evidence of one witness, who was to find and put up the stalls and slings, for want of which the heifers all died.

In this action, the plaintiff must be nonsuited; but full justice may be done in an action at the suit of Messrs. King

and Archer.

From the Sydney Gazette of the 18th November we also copy the following: We are happy to announce the arrival of H. M. cutter Mermaid, from the Northward; and are much gratified in being able to acquaint our Readers, that,

as far as what we understand to be the

object of the voyage, it has been to a certain degree successful. It is impos-

sible here to enter into details. At

present we do little more than observe, that in Moreton Bay a fresh water river has been discovered, which, for extent and depth of water, far surpasses any thing hitherto known in New South Wales; and indeed inferior to very few

rivers in the old World.

The party ascended it about 50 miles, the river preserving its uniform breadth from a quarter to a half a mile, and of sufficient depth to float ships of con-siderable burthen ; and, from an adjacent eminence, a view of the interior of the country was obtained, which rendered it probable that it was navigable to a much greater distance, particularly as the tide rose about 4½ feet, and there was no apparent diminuation of width or depth in the river. The country, on the banks, appeared capable of raising all the dif-ferent descriptions of produce usually cultivated under the same latitude. The timber was abundant and good ; and among various trees, of not generally known kinds, a lofty an elegant one, of the pine species, predominated.

The Mermaid has been the means of restoring two unfortunate men to civiliz-

ed life. Their names are Thomas Pam-

phlet and John Finnegan. These poor men sailed from Sydney, on the 21st of March last, in an open boat, intended to bring cedar from the Five Islands; and were then accompanied by Richard Par-sons (part owner of the boat), and John Thompson. They were driven off the land by a gale from the west ; and, sup-posing they had been carried by the cur-rent to the southward, when the gale abated they pursued a northernly course, which they continued for near three weeks, before they were able to land. Their sufferings, owing to want of water, were dreadful ; and poor Thompson died of thirst before they landed. The wretch-ed sufferers were at length thrown on Moreton Island ; and their boat being lost, they have since lived among the natives, who treated them with the ut-most kindness, and a consideration which indicated but little of the savage. Par-sons, in spite of the remonstrance of his companion, pursued his course to the Northward along shore, being still in-

fatuated with the belief that he was to the Southward of these Settlements.

The Gentlemen in the Mermaid appear highly gratified with the intercourse they established with the natives of Moreton Bay, and think them a race very supe-rior to their Southern brethren. Many curious particulars, we understand, were obtained relative to the manners, and customs of the tribes inhabiting these northern shores, which we hope to be able to lay before our Readers in some future publication.

Several discoveries, of minor import-ance, were made ; but all tending to in-duce a hope and belief, that the more the coasts and productions of this extensive country are explored, the more highly will the geographical and commercial importance of this rising, though distant, Colony be estimated.