Star. — London, England, 1806-07-21 00:00:00

LAW' INTILL WIN= Fr — war ov eicAucts.y. MY se. ovals eir O. LIMIGNIAII Ale OVUM. . The Plaintiff is a fitorthend writer. the Defendants mu hoolifellers. This was an application to the Court to obtain an injonaion to prevent the fele of a certain work. entitled. " The Trial of Henry Lord Vitconnt Melville," on the ground that the line, of Lords bad prohibited every perfon frost publifking the trial excepting their appointee, who was the Plaintiff in this proceadmg. Meets. Peactwat, Touscangos.and LIACII , were beard mina the injunaioo. Tim Armin sr and SOLICITOI 6 , and Mr. Hotta. in fupport of it s and Mr. PRICIVAL again is rejoinder. It is inipellSbis. in the narrow limits to which we are Olodsolls to glee in detail the particulars of this learned argetarase, which occupied the whole day; we GA abeam content ourfelves with [toting the Awe The OM made for the Defendanto, with the Wheel to dim s for the Plaintiff, are the following : laphasam. t.—No injunaion can be ranted until aaeutide to the publication is thews io the Plain :o awl title can be !hewn. If an Wm were as the tight of the Plaintiff, and furls tight more famed hhe verdia, the injuoaion might go. !Waif — The relent is not a quellion of fan, but 'flaw. and. therefore there is nothing to be tried by a jar,. All the faas peccary to the purpofe of the Monition are admitted in the affidavit of the Defen. dents. If an 'foe were to be tried before the injunc tion was granted. all the object of the authority of the Court. by a funsmary interpoation mull be 1011. wieltfew& 2.—lf the Honfe of Lord , can give this right of publication. it is either founded on thiarigiss of Courts ilk general, or as the peculiar ttairof the hereditary breath of Legillature. s latter. in a Court of Squirt an prodieodint can be bad to roteafueli privileges: the Lordshave gbe aseentor goal*. tbolr own lammities. and will not permit the Courts be/ow to Mammals likelf—Tbe iaterfereoce of ths.Cis smeary Is *,oven injulliee.:becaufe. W di, t‘e of Lords Were to. order the Defendants to be iwthifoned for contempt; their canaptisent would give ;so reds& to the .Plaintiff. Tbi cafe of &there o. readies Thews that the Court will interfere where die pri4i leges.of Parliament are ienotedieeely commie& 4/rams/ 3.—Th. Hoofs of 1.-rtla he. anima°. pity to refrain this publics-dote of the trial after Jodie, *tent given, any more data nay Aker Coon has tb Tartan the publication of it. pent:today 1 and the sweat of the etereilt of this power of retioition rice die *cession" is a proof that ts not legal. Plakte.—The right to raftraitt. fuck publication is set peculiar to the Linde of Lords. It has, been ex Minted daring a century. even at the Scions h e w i n the Old Bailey, Where the Lord Mayor, for a ions period, received tool. from his noinineei fee the ea. clnfive privilege or_publifiling the Salons Paper, in tehfch the pram Plaintiff sill hinsfelf concerned. D'O o d sa ii, 4..--The Hattie of Lords has no pro perty in cheerio' ; and having no property, they can wino nom two the Plaintiff. PlOkof.—lt is not pretended that the ,Houfs of Lords has any fuch property, nor is this property at all nitheraty to hpport the mtclofive right of the no mine*. Dladastir. ~ .,• -The Plaintiff has a complete re; wedy in a Court Of Lair; and in fuch a cafe a Court of Equity will not inheeiffitily interpore, by injunc tive., La*; redrefs would not, be ranted in • Court of as a Jury would only give damages 1 to the Plaintiff to.the extent of the profits arifing to the Defehdints from the publication. In law no compessfation. would be made to the Plaintiff for the loft foßained by him, by this premature gratification bf public curiofity. and the confequent diminution of the file of his brorL ..fleadaw, 6.—The, detriment roiling from this power of the Lordswould be; tint in bad times, they Might nominate .a peon who would coif-Rate the teftinstiny osp which the accufed was emsitifted or se. quitted, gad thus the. inoti hiwititst might be eon '', d eem ed, and the *poll profligate might be declared ' guilders and the public taiga is total tisanes of The proceeding& Plow—The Cwslitationbss thobitin It to i.e. fide this power of woninatloo to the Berens Court of the kingdom, judging it to be more fife w tetra this power in fuch hawk, than On ftich raimi flea; Cans to incur the rifkofiaecesuracy booths •itfraary Channels of publication. Deouiews. y..—The LW& ate trot Woad to norm. mate, and no appointment was made in the cafe of liaßings—if they do nominate. the appointee is under so obligation to publifh, and if be do not§ no account of there grave proceedings would appear it all. Ploestif. —I( the Lords do not sommate, the pub. licatioo is open to all the world. If they do nominste ' and the appointee do not employ due and reafonable diligeoce, others may difclofe the proceedings with impunity, fo that in neither cafe the information would be withheld from the public. Defoulinin, B.—The right of nomination in fuch a safe would be more fate in the hands of the King than of the Lords, becaufe the Sovereign of the State li pay, by his Minifter, be made refponfible for milino it.' duff. when the Lords cannot, becaufe they are the ultimate judges of their own privileges. . Plairstj.—The queftion is here, what is the confli. alon of this High Court of Parliament, and n et how that cnflitution may t[t;b e improved, by any ratio. ,- l i ons on its acknowledged immunities. queftions, and the cafes Such we r e the p rinci p al Vete thefe—Bathurft and Kearfley, on relied upon the publication of the Trial of the Duchefs of King& argued in 5755 by Lord ton; Manby and Owen, Mansfield, then Attorney General ; Currey and We lter, in the Bth term reports, in which Mr. Juftice Lawrence expatiated on the great importanc f e !sf giving publicity to judicial pr oceedings Carter 89, refpeaing Rojrs Abr idgement , a a e n a d e tre and Miller, 4 Burr, great literary caufe of Taylorkoown to have been an laet3oio3; 3611jefpwahfsicohn i s well thecafe for p u blifhing Thom fon's Seafons , whereb y the Plaint iff was d eprived d of t l tc tale of one th oufand copies of t h e f l ot work, of which he claimed to be the true and on y f proprietor. On this cafe, the Loki) CHANCILLOt ob erred, that eve queftions were fubmiitted to the Judges, and on the fi ra queltion, of the c cven Judgdes,feightttoftohurree v ere for the Plainti ff lon the (coon , even o ; . . • .. . . . • no tho third. fire to Ell !It 'at fourth , ( "la i° fours and on the filth, Liebe fut. (Lord Mansfield, from motives of delicacy, did not fpeak in rapport of his own judgment.) • . • • In the replies we have gives to the propofitiontos the part of the Defendants, we have Rated thee& (pities grounds on which the iojonition was rapport ed i the pofitiee argument' were RHO adduced, and it was kid by the Learned Coonfel for the Plaintiff, that, although the Star Chamber was dellroyed, and - the licenfing Attswere abrogated, yet that force check was refereed by the prudence of our saveflors. Thus the Rennes which inarna the public in the laws of men, the Bible, which informs him of the laws. of God, and even Lilly's Grammar, for the einnettnefs and purity of juvenile education, wets in the hands of the King's Printer. The-corral:Hifi of the pobli. cation was more material than even publicity aid, and the Learned Counfel, in use of the concluding pages of Longman'e account of the Trial, pointed out force erroneous paragraphs as to material fatts. 1 The oppofers of this injondion Rood upon the liberty of the prefs. and upon fubjelts of general theory and popular declamation, none of .erlnch were referable to the dry nueftiow before the Court. " • • Mr. Peacseas, in rejoinder, obferved, that jut was moil Singular that the Ileennis at the Old Bailey Should be Set tip as a rule for the Houle of Peers,and that becaufe the Lord Mayor reteived tool. for giv ing a feat to a %nit - band writer an argument was to be fupplied for this nomination. The learned Judges of Cocas would now difeweer a new fennel of eraolo. mere, and felt the right of reporting In their Court*, and the Lord Chancellor hernial( might add this Scheme of profit to the other advantages of his high Ration. If the Judges priffeffed fuck a tight of re- Rritlion ; there moil be a duty comonenfurate with this right, and inflead of being the mai pure end ight-men, they would be the mon criminally ne. agr gent for the utter neglett of this duty, deemed to fl acted and important. The non lifer was ion citifies on the non•esillence of any loch right. The argument in favour of this exclufive right, founded op the necegty of correanefs, difappeared, when we attended to other cafes. Nothing could be of more confequence to the individual or to the public, than what daily occurred in the Neerfpaipits, affecting the fortgie, reputation, liberty, and life of the Cubic& ; and yet no restriftions wife impofed ; the molt free and aareferved communication was permitted of all that rated in our judicial proceedings, from the Court of Pi#ami to the Court mewl ip/i me, the copious Com t o f Common Law in the kingdom,— On all the grounds Rated, the Learited C,ounfel trail ed that his Lordibip would be of opinion. that an Me to a jury ought to be direfted, and that the injunttiop 'kohl of be granted. The LORD CHAPCOLLot—u This cite tias been fo very learnedly and well argued,.that I feel it would be better for woe to give 'my opinion under the insole diate intpreffion which I have derived from thofe ar guments, than by liking Any further time to confider of the fubjett, by which thofe irnpreffions might be diminifited or removed. I !hook' hare thought my felf kw:curable, notwithßanding the authority of the Hoofs of Lords, end notwithßanding that the Order. of that Houle was followed by it proceeding which iffuesi from me, carrying into ace the Order of that. Body of which I am a Member—notwithaanding that they had a right to do what they have done, I thonld hare thought myfelf inexcifable, if I had granted this injunaion without hearing the arguments which I have had the advantage of hearing this day ; and, I confers, I feel fo Brongly the force df what fell from Mr. Percival In opening this cafe, and what he has, with great propriety, iofifled upon in his reply, that tut for the cafe of &thorn and Kearfley, which it is ibfolately inipolfible to dißingnith from this cafe, I iliould not, with all my reverence for the Houk of Lords, have been difprafed to grant this injunCtion ; beet's& it certainly is not enough to fay that this Court has been in the habit of granting injunctions of this kind, and thit this power has been in the ha bil of being esercifed, for me to grant this injunßion, unlefs I had fosse guide . to dirett my judgment ; and In the judgment I am about to deliver, I Shall follow the example of my Learned Predeceor, who came to the fame decifion in the cafe of Bruce end Bruce. Here hit Lordihip itched the circuits- Sautes of that cafe. which was a council between the ah4r. Primer of the Bible in England, and the King's Printer of the Bible in Scotland. in which the doctrine laid down by Mr. Pancreas, that an in juntlios is always founded on a legal title, was much confidered, and which cafe had been decided by Lord ELDOM. His Lordfhip obferyed, that if he were not perfuaded on the face of this proceeding, in which there was no difpute upon the fags, the whole of the cafe being before him on affidavits, that he ought to pant a perpetual iniunaion. be would not grant the tujuntlion now, until the bearing; hereof* this was a mere quetlion of title, whether the Plaintiff had a right to the monopoly of this publication 1 I alfn feel, raid his Lordihip, there is another mailer which deferves great confideration here, and that is. that I Rand in a Situation, as Mr. Percival bee juihly Bated, where there can hardly be a probability of an appeal againit my judgment, it being effeftual, if I grant this injunaion ; becaufe, if the defendants Should complain of soy judgment, they will come to complain of a judgment to Support a copy right, to thole who grant ed it; and it can hardly be fuppofed that the Houk of Lords who granted this copy tight, will, upon a review of my order to fupport it, iverturn that order. for the purpofe of acknowledging, in the face of the whole public, that they were wrong in their original order. But fuppofing Mr. Gurney to bring his anion, as well as to purfue this injunßion, there would be nothing fot the Jury to ti y. No man reveres the Trial by Jury—no man, I troll, is much better acquainted with it, or with the benefit derived, or to be derived from that mode of trial, to the Britifh public, than myfelf. the rights of which, though for a while in. vsded, are now eßablillied, I troll, for ever; but in a civil cafe, as this is, the Jury can only, and if well advifed. never will, find any thing but the fad. In criminal cafes they find the intention of the party ac; tilled, which is a feu allo t although that was long, much too long disputed, and which call a cloud over the liberty of the prefs, now, thank Con, dif pelted ; the intention of the party, in the cafe of a libel being now ellablifhed to be a fall to be found by a jury. Butt if Mr. Gurney were to bring his action against theft Defendants, for the publication which he leeks to restrain by the injunEtion of this Court, there would be nothing to try—there is no doubt of 'the piebilication-•-bere there would be no guellion as to the intention of the defendants in that publication, and there would be nothing to be found by. the Jury brit the fads which the defendants admit I and if any Judge were to adrift a Jury to the eriatrary, Mr.; Gurney's Counfel would put upon the Record a Bill of Exceptions to the direction of the Judge: fo• that you would come at lift before that very Tribunal' who gave this copy right to Mr. Gurney; for you met at lan go Were the Houfe of Lords, fuppofing the defendants were determined to take the let re fort :—Thus the Houfe of Lords would finally come to judge of the legality of an order made by them. (elves; but this is an inconvenience which is una voidable in themature of human infliuttions. If an order iffues originally from the highel Tribunal, and nftefwards that i• Jiff:oared in any part of it, in in• ferior places, it mull finally go back to the place from whence it cam:. Nor has our Contlitution thought it dangerous to the public .to invel the Houfe of Lords with that authority which they have exercifed fat ages; and it is a queflion which our anceftors have decided for .themfelves. and which we, their pofterity, are bound to fobniit to. The ails and confiant practice of a Tribunal of a competent se. thority, with an •acquiefcing Legiflature have been held to be part of the law of the land. Thug, in the cafe of Atkinfon, the praftice of the Crown Office for fifty or filly years has been held to be the law of the land; refpeding the letting forth the names di Jurors on the face of an indictment. The Houfe of Lords are not merely an hereditary botcly. who may judge ofaliMatters coming before them, (their own privilegeiamong• the rell ; but they are in the habit of receiving, uniformly, in their deliberations on ju dicial proceedings, the affillance of men eminent in the law, who have been dillinguithed in their pro feffion as Advocates, and who are afterwards elevated to the Seat of Jolliet in the different Courts in Welt minfier Hall. You vill find that the Houfe of Lords, attended, as it has been throughout, by the moll eminentrnen in the world, have uniformly af ferted this privilege. and therefore it would be rather arange to fuppoli that the. Houfe of Lords. fo at tended and affifted, lhould firfi originate and then be continually giving . an order which can be laid to be fubflantially injurious to the liberty of the fobjed— in defiance of the principles stetted, maintained, and elablithed at the glorious Revolution of this coun try. They cannot but.knoy th e great bleffings of that Revolution—they cannot bat know that a great part of thole bleffings store from (weeping away the very forms which Marked arbitrary power. " It was the glorious demolition of the Star Chamber. and the beating down of the Licenfing Ads," Paid his Lorellhip. " by which the Liberty of the Prefs was, I hope, for ever eltablifhed in this country," and by which the communication of men's feutiments became an acknowledged right, not to be matron'. Id, while that right is exercifed with decency and good intention; with this limitsaion only, every man has a right to animadvert as he pleafcs on the ads of Government, on the affairs of State, and on the caudal of its Members ; there is no re- Arent on any man in England in the publication of his fentimems, except filch as moderation and juftice require, prudence didates, and wifdom itfelf In tblcates. With this limitation only, it the liberty of the prefs attended. As to copy right: if a man has a defire to publifh a work, puts together his own thoughts, clothes them in his own language, he !hall be protefted in the profit of his publication ; and although I think there is great force in the ar gument, that this cannot apply to the publication of the proceedings nf.a Court of Jullice, unlefs one par fun copies the publication of another, yet I think I ought to decide this cafe on the authority of the cafe decided by Lord Haatswices, and after "fords by Lord Noy-mica am. But the cafe which is not only quite in point approaching this cafe, but which is in every circumftance identically the fame as this. is the cafe of Bothurft and Kearfley, and bin for which I fhnuld not have granted this Injunction. His Lordfhip then Gated all the circumtlances of that cafe : it was the cafe of a publication of a part of the Trial of the Duellers of Kingfton. Her Grace had folicited that Mr. Gurney Ibould attend the trial, and be accommodated to take in Ihort hand the proceedings of her trial. which was granted. He attended accordingly, and took down the fpeech of the Duellers, and the pleadings of her Counfel.— Thefe fpeeches were delivered over to, and reviled by, thole Coned ; and. together with the (perch of her Grace, were delivered to Mr. Jackfon, the ap pointed agent of the Duchefs, and by him given to Mr. Kearfley to be publifised upon which, Mr. Kearney publiThed them. Mr. Behurft was the per fon appointed by the Houfe of Lords in that cafe, as Mr. Gurney was in this cafe, appointed by the Loan CIIMICILLOR, under the authority of the Houfe of. Lords, to publiftithe trial; and it was ordered that no other perfon do perfume to print the fame. Mr. Bathurtt came to the Court of Chancery for an In. junftion againft Mr. Kearfley to prohibit his publica non, and the Court granted that Injonftion. This Injunction had been granted by Lord Bathurft, who, beide being an able Chancellor, had long been an eminent Judge in a Court of Law, and was bred a Common Lawyer. In thou, the order of the Houfe of Lords on which this right of ex. clufive publication was now claimed by Mr. Gur ney, was the uniform order of the Haste of Lords upon all Trials of Impeachment from Dr. Sacheve tell's Tri.l.l downwards : the Trial of the Earl of Or. ford in 1719, the Earl of Macclesfield in 17e s, Lord .Loyat in 1746, Lord Ferrer' in 176 c. The fame thing was done in the Taft Trial by Impeachment before that of Lord Melville, which was the Trial of Mr. Hollings. There was no neceffity to pro hibit any perfon from publithiog that Trial, be conk it was fuperfluous to prolubit any one from pnblifhing what nobody would read ; and (laid his Lordlhip) I hope nothing refembling that trial will ever appear again." His Lordlhip obfer ved again, that nntwithftanding ail thefe precedents, not withaanding his reverence for the order of the Houfe of Lords, and n Awithflanding that lie had himfelfj acted in carrying the orders oithat 'lnure into effcd, in this initar.ce he had no difficulty in laying that he (honid not have granted this injundlion to prevent any perfon from ;swilling a tight of publifhiqg the c p e r rtn occ i c o d i y i i t s c ri i. t ju until a right tchee-6tie t t o w anc h r i c ch i u (.77; publication had been clearly eltablifhed in a Court cf Ju ice—if it had not been for tl.c decilion of the cafe of Bashurft v. 11 - carficy ; but that cafe being precifely • the fame as this, his Lord(hip would not overturn it , and therefore, faid his Lord hip, this injunahtn mu't go ; not on any idea that Mr. Gurney has any ex- Clufive right, as a Ilion hand writer, for in thlt cha ratter he can have no right which may sr•t he claimed by any other perfon ; nor on any point h 'fever. hist that helands in the Fame fituation as if he was the King's printer,printing that which 'hr King alone had a right to order to he printed. That the King's prin ter has alone the right to romolga e, by means of the prds, the Santo of this realm, is indifpurablc ; that right is Conveyed by the 'King In him, and he alone is entitled to pri.malgate then, itt that way to others. .11 is that alone on which Mr Goner Rands. I will not fay any doin g on the habjsrft f prinlifhing the proceedings of other Courts ..f Jrsf.ce , becaufe am not bound to do fo in this cafes but I Hand on precedent, and on precedent al me ; which precedent I concur in no f u rther than to grant this injualtion until the hearing of the can't. His Lnrdfitip then hittnrically Rated, that Alma nacks, the right of printing and publithing which had been erroneoully fuppoled to he conveyed to she Stationers' Company and to the UniverStie. . f Ox ford and Cambridge, had been atkrted to b- the pro. petty of the public by a Mr. Carnan, who rot many years, with indefaiigahle labi•nr, lirigrued the point. During Lord North's Adasii.iftraiiisn, woo was then Chancellor of the Univerfit y of Oatord. a bill was introduced for limiting thi , privilege is th• Sta tioners' Company and in the Uitiverfities. Ha Lord- Ibip (Ertkine) was beard againfl the bill, and, to the honour of the Commons, it was thrnwe ont. His Lordtbip faid, that much good was often done to the Public by men of obftinate tempers, who perr:vered in having their rights folemnly tried, and added, that this fame Mr. Carnan, who by a laudable perfeve. ranee had done fo much good to the community, allowed his poGtive temper fo far to get the better of him, that he died of vexation, from not being able to prove a bode belonging to another perfon to be his own- COMM OF COMMON PLEAS. TUT.T to, MOWRY 88888 IILYTIIF. This was an audio° to recover 63h under the fol lowing eircumflances--The plainriff.a farmer, placed bills to the amount of 1811. in the hands of the de fendant, a linen dealer in the city of London, fit the porpofe of getting them difcounted. The defendsnt not chufing to advance ready money, offered to give goods of the value of the bills, which the plaintiff agreed to take, relying on the word of the defendant refpeting the value of them. When the goods were fold by auction loon after, they proved to be worth no more than 1181. confequently the plaintiff loft the difference between the value of the bills and the golds in queftion. Sir jamas MiwsrtsiD obferved generally, that if a trader fold goods to a perfon ignorant of the v a l ue of them, and they proved not worth the money given, it was a Jury, cheat; he, however, left th e que lti nn with the Jury, to decide whether it was a iota fide tranfardion ; intimating at the fame time, that it was not lasi a bargain between two linen dealers, who I knew the value of the article : it was between a far mer, ignorant of the commodity, and a trader.— The Jury, without befitation, found a verdid for the plaintiff. This verdid will tend to the difeontinoanee of a predict prevalent amongft money lenders, of (trilling off on their neeetStous clients articles of merchandise frequently not worth a tythe of their nominal value. Yeilerday morsin&Sir E HAIMINGTON arrived at Mr. WINDHAM'S ffi 0 ce. from Ceylon she likewife brought chlpatches for the Duke of York. The whole of the India nett are now fafely arrived in the Downs ; Saturday all the pincers reached the India Hoare, with their diipatehes and'papeeu-- I During their paffage the following angular eircum fiance occurred : 1 1 A French fifty gun frigate was difeovered in the body of the fleet, when off the Cape of Good Hope. She did not appear to be acquainted with her &sta tion. Captain °stole, in the Tear ',mous, bore down upon her, and conlidcring her an eafy coo qnefl, did not fire a (hot, or open his lower ports, until he came within hail of the frigate, who imme diately got under the (fern of the TR e m lIDOV s, open. ed a broadfide, and wounded the rigging, fo as to put it out of her power to profecute the Chace. The fri gate gotclear off without any damage. The Charlotte Indiaman afterwards purfued her. The T aim tetanus was near enough to difcover the name of the frigate Ilse is called la Canoniere ; the failed originally irons France, with the Volontaire. and Jsa-m a BOW 'a fquadroo. No lives were loft in the TRIM IR. DOVE When la Canoniere jot to a convenient dif lance, and found that the Tamales:sous was in no condition to purfue her, &e fired a tingle gun by way of bravado. It was the general opinion at St. Helena, that Jaskol.' sBo AAAAA fquadron had gone to the Eaft Indies. The following paffengers arrived from India in the undermentioned (hips, via. Paa LADY CAS RRRRRR Monaural)lc Colonel MOD. fon, Captain Young, Lieutenants Frafer,Crotmere,Torriens, at d Brought Surgeon Davis, Major Daniel and Lady, Captain Swin ton and Lady, Captain Maxwell, Lieutenant j. Dundaa, Mears. Harper, Wake, Chippendale, and Dunbar. PER LORD DUNCAN —Philip Coal., Efq. S. Davis, P.fq. Colo nel Broughtoo, Majors Frafer, White, and Grant, Lieutenant J. Evans, Surgeon Peptise, Captains Lindfay, Chilboini, and Sker r.t, Lieutenant Ship, Mr. Hickey, Miltreffes Davis acd Goad. Pea Watts:sta.-41r John Anßruther,Bart. and La!y, Captain C. Stewart and Lady, Andrew Waddell, N. Nugent, and W. W. Bird,Efqrs. R.I. Farquhar, late Governor of Penang, Surgeon A. &aware, Lieutenant Colonel Macro, Captain J. Carr, Lieute nants Hamilton, Kitchell, and pickfon. The Fox frigate arrived at Bombay in February Lail, from the ifland of Bait, where Ihe had been ac tively employed againft the Pirates, and had lirceceded in making them reitore the gouda and treffels which they had captured during the Jail feafon. Captain Dtsaate had Rationed a part of the Company's ma rine, (o as w blockade Bait, Porntron, Goomtee, anti Arahnsro, and all tbt piratical inlets, dining the Fair feafon. In coafequence of this object being attained. the trade to Guzerat Was expeEted to become very great, particularly in the goods exported by the Eaii trcisa Company, to their fettlement of Bombay. The Citharine, Tues.', from DO lin for *min, is captured and cartied into La Calm. I i