The Sun. — London, England, 1816-07-19 00:00:00

}w v.r+raMs ~..~ 1;‘)1 'fill. JAMAICA GA'ZE'lvfE, Play 18. I I'll.lllEli. PROOF OF Tit IT, ILLITIETtALITY AND PRE - THE .itincE OF THE BRITISH PRESS TOWARDS wtsT INDIA COLONISTS. it was only •this week that we met with the London Paper, Tilt SUN, of January 23, giving the following intelligence:mailer the head of 4 , JAMAICA: I( We lately noticed the charges laid against the Chief Justice of Jamaiets, the Hon. John Lewis. That Gentleman has presented nfetition , to the Assembly, stating, that he had first learnt 'rout a public Newspaper that charges oimiscon hifi part, in his administration of public jus:ice, were, on tlte 9th of November instant, :iiieged against him by an Hon. Member in his place, and a Committee of the House appointed to inquire and ri port whether there are sufficient grounds to proceed upon the said charges ; and that be is naturally anxious to learn the precise nature of the offences of which he is accused, witlimit which he sebittits it must he impossible for,him to make adequate preparations for his de fence ageiest such a ccusation, should the House ocelot it right to entertain any such proceediogs 'and praying that the Howie would be pleased to Order him an authentic copy of such charges, aml 'afford him sufficient notice and opportunity to de fend himself.—Ordered to lie on the table , . The 13111 which has been brought into the 140119 C of Assembly, to explain and amend •the American Goods Duty Act, has 'passed, and wits sent over to the Council ; it is intended to re move the ten per cent. on transit goods, as also on horses, mules, cattle, and bullion. " importantliusiness.—A Petition ofArebihald Congreve, praying payment of the annual grant for inking core of the clock in the Assembly-Room, was presented mid referred to a Cominittee on the State of the island !1" Now, we are well assured that there is not one of our readers who cannot be aware of this Edi tor's malevolent !mentions in distinguishing as he has clone the last paragrapb, which he had se- lecied from the short whittles of the 'Aisenibly, published in the Royal Gazette during' its Session, that it Was with 116 other view than' to cast a' slur upOn the proceedings of our Legislature, then en geged in a most momentous inqoiry upon the state and condition of the Slave Population of this island, for the purpose of laying before the' Bridal P a rlininelit and Public tie result of a' calm and imPartial investigation, 'dictated by a 'spirit -of truth and justice. Every one insist see that he has endeavoured to turn into ridicule a Petition For a grant of money being referred to the Committee on the State of the Island, wholte'knew at that time hart als6 the Registry Bill under their consi derat hot. We bare not 1)11 !Witte thou once in our life withiu the House of Commons, and that at a very early age, yet we should think our time had ht.en ill employed, were we to betray so initch ignetame of what mast undoubtedly be their Par lie Mentary usage in cases of a simiiaramanre, as this Editor of a Paper; published in the heart of London itself, would appear to wish to iMpreirs its with a belief of its beii:g his case. `We shall, however take compassion upon him, and inform hint, that if a Petition, praying' for ti grant of money, 1w presented to our House of Assembly, with an iieconnt annexed; it is referred to a Com mittee of Acconnts for an examination into the nature atol l correctness of the chariiei, anti that, if they approve of them, it is then referred to a Committee of the' whole 'denominated " on the State of the Island ;" but that, if it cornea before the Honie withopt at account, anti qtly a mere specification in the body of the. Peti tioit of. the sum due, and previously allowed in 'fortrer years„ it is referred at once tO the latter Committee, who report their opinion of it to the House, by whom the payment is finally sanctiontd, it cannot certainly be expected of the Editors of Papers in London, that they should enter so Minutely into the proceedings of the. House of Commons, as well as those of the Lords, as to inert all the routine of business that is recorded upon their Journals, nor would it' afford matter of interest to the nation at.large to publish what can easily be obtained by •the individual concern ed by teearts of epistolary correspondence, yet, in, the community in which' we live, where we arc personally acquainted with a great part of its itiemhera, and know by name and character a cons siderable proportion of the remainder, we feel sa tisfection in giving the earliest,information of the most minute transactions of our Assembly,while sitting. We 'shall only add that it would be thought by us as little interesting to the genera lity of their readers, were such publications to appear in the London Papers, as it would certainly excite the ridicule of our's, were we to omit tak ing notice of the political affairs of Europe, and to substitute in their stead the chit-chat, scandal, tied fashionable arranementi for each week of we t a nd Winner parties, routs, &c. with which the Morning Papers are filled, anti which form - the Amusement of ninny a lounger at a breabfast-table in London, dining the chilling frosts and snowy blasts of winter. • A Pamphlet from the pen of Mr. Stephen was. puhli.lied in London on the 23i of March, and a copy of it hai reached thiS island. We have, how. ever, not seen it ourselves, but we have been in formed of its purport by a Gentleman who has. read it. It is the first of a series of letters , , in defence of , his Bill fp! the : Registration of Slaves addressed to Mr. Wilberforce, in reply to Mr. Marryatt's excellent observatiOns on its evil tend ency and nnjust _enactments. It is written; we are told, complctelY in the style orone who is conscious of having a bad cause to fletend, and he would now have us to believe 'it was never. his intention to calumniate the West India Body generally ; and, to induce our acquies cence with bin . ), he says he knows that there are many good men amongst the Planters-, and enters into a long eulogy on a Gentleman of To bago. The publication of the lepoit of our Asa Ac is said to have broughi this letter ,to a sudden conclusinn,, and to ityp,a,rrested his pen. We cannot quote his words litertiliY; bitt n4 - e an. ilerstanci be describes it as a large folio Pamphlet, of 101 pages, a nd confesses its arriva l was well ga itantent, as a display . ; titir - nraterSt, artet th'i?iliseharge no the rime roils vollies (it !Inall shot ; - tvrtieh had been already flied upon thetll. ti f e 'then Onsillanimously says, Now, my deaf Wilberforce, What are we to do next ? Were' they here, we email justly say to 'them, " Go . ; clothe yourselves in sackcloth and' } 3 / 4 SlieS, and endeavok to atone by repentance for the guilt, which now hangs ova yon, of the inn o cent'bloeid you Naive been the means of shed ding by your inflammatory writings'!" Mr. Ste phen ought, we think, to he aware that it is not 'any concession or:allology from", Or recantation by, him that can" atone tor his most ! unfounded fabrications and'calumnies against the nnoffending community of British Subjects in the West-India Colonies. It is to the verdict of the High Court of Parliament that we booli for that unqualified testimony of our innocence of the crime , laid to our charge, which shall tiittisfy our injured honour, and soothe our wounded feelings. • * Some acconnt of Mr.. Stephen may not ho Uninteresting to *many of onr readers. 1 ) liflpllolllto in the expectations which he had formed of socceeiliog in the Profession of a Bar rister in one of the Wind Ward Wands, he returned to hg hind, and, being a loan .sif some talent, he Was selected by blr. Pitt to write the Pamphlet, " War in Disguise, or the Frauds of the Neutral Flags," the result of which was to in volve Great. Britain'io war with the .United States of Ame rica, from which she has retreated with no great honour to herself, and given occasion to a , nation, already proud and inflated with vanity, to vaunt of haring been the conquerors of the Conquel ors ut Enrope.—flaritig connected ,hiniself in relationship to Mr. IVilberforce by marriage, and pleit , eil with his own display of casuistical arguments and legal so phistry in Ids former production, he has been 'found by thii Gentleman alit Initrument for hisimri.ose; and wearetoo well. aware of the success which. he has bud, by the, publication of his "Reasons" for estahliShing a Registry of Slayer in the British Colonies," in increasing the tide of popular-prejudice against the Weit ludiAns ; -although• it may prove fortanate fur them,. that, .by his 'assistance, the questiou Ills been brought to that issue, which has been the means of rousing them from their supineness acid lethargy in' a 'vindiCation of their eliaracter from his malicious' aspersions.. He is not yet contented with being the author of so much ; mischief, hot lois just sent forth from the press," Observations upon the propriety and duty a compelling Spain to relinquish her Slave Trade in Northern Africa e! and we have no doubt it will give lino high gratification if he can he the Jahns, of in volving Great Britain in another war, Mr. Stephen, asyveß as many ()Uteri of the Soisits, has not lest sight of the lauvcs an , I ff 5 4 .0.1 for; altliongh the Edinburgh Reviewers say Ito bus retired•from•Parliareent -Avon groands•purely conscientious, and connected with the measure he hos brought forward in regard to ourselves, we know the true reasim to he that he is satisfied with having procured for himself the.luerative office of a blaster iu Chancery, theholdiog of which he probably thinks incompatible with a. Seat, in the House of Commons., LA.W INTU,LIGENCL.; COURT OF tiTANcERY, JucYJ.IL DR. JAMES': powDEns. FRANCIS NF,WBSRY U, GRORGR JAMES, GORDON ' JAMVS, AND .PINKsTCtN . .TANIES. Tlittplaintiff in 'this case is the. son of John Newbery, who was the original proprietor and sole vender of 'Dr. James!, fever powers, then+ matte and analeptic pills. Two ofalre defendants are Dr. James's sons, and licorge . :JameaAs hi** grandson. An injunction bad been 'lately ob tained by the plaintiff to restrain the defendants from making or teaching to he made; tar vending the said medicines to any other. person but to the plaintiff; and to compel , a specific performance of the agreement entered into between Dr. :lames, the original inventor of them, and John Newhery, who assisted him in procuring.o patent for them, and'contracted with him to be their sole vender.— To-day Mr. flew. moved to dissolve this i njanet ion, tic Couteuded, that the contract entered into in 1746 between Dr. James and Mr. Newhery's father, by which• the latter agreed to sell the powders invent ed by the former fur 21 years; and the contract of 17n5, by which they Mutually engaged,-the former for himself, and his administratOrs, and assigns, to snake the medicines in.question, and to sell them exclusively• to the latter at nixed price, 'namely, th 4 box of pills, containing each two pills, and the packet of powders, containing each two doses, at Sul. ; and the latter engaged for himself, • his administrators, and assigns, caustic the said medi , eines at the stipulated price from the former, Was of a nature' that it conic) not be performed, and that the specific performance of it could not therefore be enforced. The original parties conld enter into such engagements for their own life times, hot could not covenant for their posterity, No man could stipulate that his administrators and arraigns could always be able to make pill s or p o w d er s, any more than he could engage for making shoes or painting houses. An administrator might, at the time when this contract was made . , have been an infant ; and it could not he contend ed• that an infant could possess the requisite skill for compounding medicines. Such a contract was of the nature of those that imposed restraints upon trade, and could not be enforced. The pa tent had been, procured in 1747, and as it was fqr 14 years, must have expired in 1761, when all the world had a Eight to make those medicines. How could Dr. James's heirs be campelled to do that which all the world had a right to do ? Besides, even though a specific performance of the original c agreement : could be ompelled, law would, not interfere to enforce performance, if the contract had been departed from by,thcarWerse party ; and the defendants alleged many variations introduced by the plaintiff to their prejudice, such as the pity ing of stamps, advertisetneoksi: ; &c. Sir Mr. Le/sett, and Mr. TKOWelt contended for the plaintiff, that the arguments at present urged had been used when the itijimetion was prayed,.and being then ineffectual, could not note be matte the grounds of dissolving Nothing had been stated that could vary the case, except indeed the defendants by their answer were pre. eluded from using the arguments that they at first eMployed, and had much narrowed their grounds of defence. There conid be no conception formed of the arguments about , restraints on trade. How was this a restraint on trade Did this contract do more than was done in every covenant of part nership where the parties bound themselves to sell or buy, or exercise tome•profession together, and with no other party ? Thecounsel loathe defendants bad dwelt much upon cue objectirin arising from the: assumed absurdity.of binding in perpetuity, be. cause the adMinistrator might happen to be' an infant ; or other accidents might occur to render specific performance impossible : btit accidents might have happened in the 21 'years originally mentioned, °rani& trappers In 3 years"; and the bore contingency of such events as might defeat an engagement, if they happened, should not operate to render invalid a contract where they were not alit4geti to have occnrted. Contracts, were entered into for'99 years. or for long periods, as in the partnership of the Carron iron-works iu Scotland, and nobody thought that such contracts were invalid. But if a contract extended its ob ligations beyond the usual _period of human life, it might devolve upon representatives .for fulfilment, and thus, without including a clause of perpetuity, would have to: encOnnter all the objections raised against this one by the learned connsel, and be exposed to the absurd conse niiences of an imaginary case. Cases were diffi cult to be found on which to sustain the present injunction, but some , did exist ; and in a case of a contract between the- editor of a journal, a printer, and bookseller, an injunction was now in force. This 'editor might have turned mad ins— mediately after concluding the contract ; and rea soning on this contingency, according to the prin ciples of the adverse party, no specific perfor mance of his agreement could have been corn , pelled even while he was able and capable of per forming it. As to the objections arising from the variation in the contract by the plaintiff, they might be afterwards considered ; but, in the mean time, he should have the benefit of that contract till their validity was examined. The Loan CHANCELLOR asked if the powders sold by the plaintiff under the name of James's I',,woler4' were the same as those about which the contract was made in 1755 ? If they were not, a specific performance of an engagerient could not be 'enforced which assumed thiit they , were the same ; and if they were the SRMO those_rnen , tioned in 1755, their composition must tally with the specification of the patent. If any change had subsequently been made by Dr. James, the powders were nut those referred to in the con tract, ,and the injunction could not be sustained. He threW out this merely as a hint to the parties. The questiOn whether the pOwders were'the - same or not must be tried in open Court, if the present litigation were persevered in ; and he submitted to the serious consideration bath of the plaintiffs andffetentlants, what must 'be the effect of such a trial upon - their interests, if there really was any secret, Which in this way must be disclosed. He spoke thus frouva spirit of regard td both parties, because he really believed that the New bery.and the James family; by their joint exer tions—the former in furnishing the capital, .and the latter the invention required in preparing these medicines-749d been benefactors to live Public. lie would heat the case further .to , morrow. . . COURT" O,F KIN6'S BBNCI - 1, Jtits f 9.1 APVLETON V. LORD HRAYBROOKR. This *AR an actiOn against the defendaot, as Provost-Marshal of the Supreme Court of,Jus tice in the Island of Jamaica, to recover 4691. be ing the amount of a- judgiacnts obtained by the plaintiff in that• Court. In order to malio.crut3lie nlantiff's case,, a copy of the judgment of the Court of Jamaica, signed by the Judge and sealed. with the seal of the- island, and attested by a no tary public, was given In evidence. Mr. GASELIM, on the part of the defendant, submitted that the copy of the judgment ought to have been sealed with the seal of the Court, and not of the Island in which . the judgment was re covered ; .and .that evidence ought to have been given of the Judge's hand-writing 3 but Lord ELLesIIOiiOUGH overruled the objection, and the plaintiff had a verdict, with liberty, how ever, to the defentlant to move. • ROBSON V. ANDRADE. . The plai ntiff declared in an action Or money bail and received by the defendant to his use, and the case appeared to be this :—A person named Goldlom, who hail been a subscriber at Lloyd's Catiee-house, having lust 8001. by wager'polieies for time .tO different persons, a friend of his depo sited 1001. in t h e hands of the defendant, who war one of Goldham's creditors under the above nientioned loss, in order to be divided kitOilkuot parts amongst his.ereilit ors, in proportion to their reipeetive debts—the defendant, the plaintiff, and a person named Thamas.Stnethitrit, being of, that number. _ - Pen objection Wits taken in lineine by the ATTOE.. 142Y-GENEUAL and Mr. (URNEY, as Counsel fot the defendant, to the plaintiff's right of action, inasmuch as the debt was contracted in a gambling transactionl but Lord ELLENSIOROTIGH overruled the objection, upon the authority of neekney Renouse, in the Term Reports ; and Petre v. Hallen, in 3 Burr. Upon further investigation of the case it ap peared, that besides the above.narned creditors of Guinan), there were two other persons, named Gabriel Jacob and Joshua Davis, who had also a claim upon the 1001. lodged in the hands of the defendant. There was, however, no satisfactory evidence given of the exact amount of these per sons' demands ; and Lord IFALaNioaouou held, that as the defendant stood in he situation of an assignee to Goldham, and as be had never adjudicated upon the amount of each t:erson's claim, the plaintiff could not main tain his action for a specific liquidated sum, there being other persons whose claims were unsscer tained, hut who had a right to some portion of the 1001. and for which the defendant would. he liable to them. His Lordship therefore nonettited the plaintitf, but gave him leave to move to enter a verdict in case the' nonsuit should be wrong. The like res u lt' took place in another action against the same defendant, brought by another creditor of Goldhatn. COURT , OF COMMON PLEAS, TULT is: CURIOUS CASE OF FALSE IMPRISONMENT. ICTUBLR V. WOOD. This was an action against the Lord Mayor to recover damages for' false ittrprisonment. The plaintiff was a journeyman sugar-baker, anti was engaged by his` employer for the term of: twelve months, at a certain rate of wages,, to which an addition was to be made of 108.. a week for board. The plaintiff and three others, atter their engage ment, demanded an increase of 2s. upon the latter sum ; and on being refused, left the work upon - which they. were employed unfintilked. On being taken into custody, and carried before the Lord Mayor, they were convicted of the offence, and sentenced to one month's imprisonment, according to the provisions of the Act of 29 GM 111, c. 19; The present Palmn was grouttiled - ,Upon an Woe. , mality in the commitment. The Act etnpna:ert any single Justice to commit the offender in eases - of thii description " to the house of correction, there to remain and be corrected, and held to hard labot*tr, - for any time not.exceeding one calendar month." In. this case, the commitment - did not express, the words in the clause, " and be cor rected ; and the question was, Whether the tom. mitment was so far vitiated by the omission as to render the defendant liable to the liresent action, Mr. Serjeant Bess, for the plaintiff, contended that all commitments grounded On'aCts of PAN liament must be conformable to the methodthera. in prescribed. This was, a principle which had been established by a variety of decisions, and 1 . 11s4 ; . words of the act in question were peremptorY; and left no -foam for distinction. The SOLICITOR-GF.NEKAL observed, that it WAS , impossible the legislature could have . e v e r meant.. to deprive the Mogist rate of the discretion to abate and modify the punishment, according to the circuMstances Of the offence, within the posi4 tive limits which was prescribed,. The mortis " and to be corrected" probably referrea to the general correction . of manners which the °thee pate of the inmishment was intended to produce.: Mr. Sedeant BesT cited a case from EAsett Re tarts, in which it had been ruled by the Court of King's Bench,_ that the win;ds of the Act im plied the corporal castigation of %rhinping. The SOLICITOR-GSNERAL said, if such was the settled construction of the ckuse, he could only trust that, on a complaint of this nature, the Jury wolkld think. the smallest start' that could bo issued bylhis Majesty's mint would' furnish ample compensation for any injury which the plaint Wised received. The CHIEF JUSTICE agreed with the General* that the decision of the Conrt of King's' Bench, of which he had not been aware, allot necessarily operate to send this Auestion. to the Jury. His original doubt had been, Whether the warrant might nut be amended so as to give the plaintiff the full benefit of the Act, of which bed- Tient he- complained that he had been deprived.-• The Jury would deal with the case us they thought a matter•of this nature deserved.—Verdiet fur the plaintiff, damages one farthing. ,PREROGATiVE-COURT, DOCTORS' COMMONS. tIANNE,AS AGAINST THIS RIGHT HON. MARY tOVEN4 TRY; COMMONLY CALLRD LADY MARY DERR.. HURST. This was a ph:weeding on the part of Miss Laura Manners, the executrix of the late DischvSt of St. Albans, who was executrix of the latelDuke of • . St. Albans, for the purpose of proving, his GraCe's will, which was opposed by Lady Der burst , his Grace's daughterby a former 4 ife, who took no benefi . t tinder It. By the will, Which way dated' the 18th July 1814, his Grace licqueathed the whole of his property; real and pet tonal; unto or in trust for the Duchess, dechirina, that Lady Deerburst had a very ample rrov:siair under the marriage-settlement of hermialier, which be did not deem it necessary to make atry addition.. His Grace had executed a will in the month of 'May, 1812, of nearly the same pur : orG, One'of the subscribing witnesses to that will bad' left his service ; and he being a ppie beoef, e rim! his will :would he disputed by Lord and LailT tleerlthrst caused it to be re-copied fur execution'- with some inconsiderable alteratiims, and exer"t# ed it aceordinglylm the:lBth of .1 , , y 'lBl4. Ihe instructions for this will by the Duke, and di.., necessary formalities of its execution, vt ete tor proved - by the three attesting witnesses, awl 114 Court therefore pronounced in favourof its 'is, SCOTCH BA K RUPTS. SEQUESTRATIONS. July 10: William Geddes, vintner or itineeper, - and tualler, Inverness—Creditors meet in Bennet's hotel the re * 26th: July and 16th August, at 1. e m'"if! July 11. tier and Penman, wrights and joiners, M bridge, pari*li of Sangultas—Critditurs meet in Muir's idds Thornhill, 96th July and itth August, at tg. , July Robert Paterson, merchant, Mauchine—Cre d " r. meet in Murray's inn there, lad July and Bth August, at 1 * • - EXAMINATIONS DIVIDENDS, Creditors of John Dobson,m erchant and auctioneer, Glas govv, will receive a final dividend front James Anderson, ma" chant there, 9th August. • Glasgow,Creilito Cred it or s of Ri re di ce e i r v t e St a ew d a iv rt id , e n n i d an f u r f o a m ctuz u r n a a nd, G m i e r r i c ,4 l l: .countant there, 91st August. ails Creditors of Jamas Low, jan. merchant, Kirryinuiri 'receive a dividend tiom John Webster, writer there, alto. 0.511 i July. ' . ir States of the aff airs of James Arthur, late vintner, to,+ build-air in Criasgaw, lie with the trustee till vd Augu st No dividend. . .-A t.' n... States of the affair* of James Macfarlane, vintner,divides htbgow, lie with James Roberts, writer there—Ng M E'rEOROLUG ICA I JOURNAL. __„..— __ L ______._. 'ill ermo . meter 1 I . li . cat 'le r . _____---------' ~: ..; ,' 11 1 1 1 t ; ! C P; ' p ' .4 P, 1.. . g -.2 2 -, , i ' l". I tJUne. ° ' ° ° Inches 'gll~'gll~9 52 49 57 44 99.40 .0$ R ain po. , 10 54 50 57 46 .74 .02 .rlo. 11 6:4 51 69. 46 30.05 .07 c L aDio a nooud if ni cl .: a 1 12 156 55 71 160 .14 13 160 64 .76 156 .15 59 54 59 49 .09 141 64 5'.1 69 46 "..LV . 1 {gi n i,ii . At Passage, on the 2d inst ßlßTif . the Lady orLieutenint 6,10 - Itastard, of the Royal Engineers, of a 50n±L.......„.....-0"° MARDI FA). , . W 0 4 . 'Oh the 17th, at Westleun Church, EsKx, Mr. "' e Ors' Lams, of Stratford-green, to Mary, eldest daughter oh Buck, of Arundel street, Strand L..... DIED. ' h deit 0n Monday last, at Hastings, MlssVittoria ROO, t, , . e t i Q 11,4 daughter of his Excellency Prince Castslvlcala, 00 O g ' i . tan Ainhasiador. e•f re. On the 2d inst. at the seat of his , brother, Glannlr t ' t art laud, v t .1 1:J ul il ey E di d g :n ei n u r inodsm France, N r ag o i n v a , gt he E de s g iiii ; , James celebrated steo for i en..ihtisE s b q -e . ,:::: mart - A , ri ' * Peie ton, near Bath, one of his Majesty's JuitiCA of O . ' Soinersetsbire. ‘ . - . Orl the tsth inst. Mrs. Martin, of Ryegate, Surre;:, Jam es. Di Tuesday last, at hisl'ouse in the Strand, 'Mc' Grain Juir ger. r i tgate itt, at Clifton, Mr. Thomas Wakeman, of I% c Week. Bath. __.„.i;! LONDON: Priuted be J. Is. CATIST,UIt.S. Ne.'"ft, — ,,4% bu a ilikines a dpublished 1•1 • SCItIPPS. .. 1 4 1 " at the rt+l-00FIC t. NO. Ile, Sn'Arld : Watts, Orders, LCUCK 3(p ▪ OCC, AVM R-P1,4.v.-