The Express.
London, England, 1848-02-16 00:00:00

SCOTLAND.

EDIRRITROX, FRS. 13.
The hoard of excise has intimated that chloroform
will in future be allowed to go "over the border"
free of duty.

♦ MAILRIAGS Casit.—ln the first division of the Court of
Session a case has been decided in reference to a declarator
of marriage at the instance of Anna Maria Gordon, against
Captain Stewart, of the 92nd Foot. It appeared from the
evidence that they had become acquainted in a steamer on
the Clyde some eight years ago, the defender being then a
recruiting officer in Glasgow. They bad kept up a corre-
spondence, and had several interviews during the two suc-
ceeding years, till at last, in May. 1842, in a hotel in Paisley,
they passed the night together, and a document area now
produced, said by the pursuer to have been granted to her
by the defender on that occasion, to the following effect :
Paisley, 9th May, 1542.—b1v dear Anna.-1 hereby solemnly de-
clare that I will, on the honour of a gentleman and a soldier, marry
you, and I oak you to be my wife, though for certain reasons 1 wish ft
to be kept secret. —I am your affoctionate husband, A. STSIVART, 92nd

Hiehlautders.
This was averred to have been written by the pursuer at
the d station of the defender, and then signed by him. She
had evidence to prove that they had been in the inn in ques-
tion that night, and bad rung the bell for the waiter, who
brought them writing materials, and that they bad after-
wards slept together there. The document had been kept
by the pursuer in a drawer, until shortly before the raising
of the action, when her mother had found it, and insisted on
its being made use of to assert her rights. The defender
answered that the signature in the document was so like
his own that he could not positively deny it, but that he
certainly never appended it to such a writing. The pin.
suer, he said, had been la the practice of visiting his rooms,
and might have found his name on a loose piece
of paper, and inserted the body of the document
above it. In support of this he proved, by the evidence
of the assistant paymaster, that he was in the habit
of trying pens by writing his name on serape of
paper several times be'ore signing it officially ; and that
these scraps were frequently allowed to lie about in his apart.
ment. The document was also an narrow that the writing
was crowded together, and it had evidently been clipped at
the edges. The pursuer accounted for the latter circum-
stance by saying that she had determined to destroy it, and
had begun to clip it for that purpose. It was also argued
for the defender, that the promise can only be proved by the
writ or oath of the pursuer. This was not a probative writ,
being neither holograph nor tested, and could not be looked
at by the court at all. The Lied Ordinary pronounced an
interlocutor for the pursuer, finding the facts proved sniff-
cient to constitute marriage by promise; but m the inner
house this decision was revers.

UNIVERSITY AND CLERICAL.
OXFORD, FEB. 15.—1 n a convocation holden this day at
two o'clock, the benefaction of 1,0001. Three•per-Cent. Conaolidated
Bank Annuities offered to e university through Ur. Cramer IDean
Car every three years for
an English poem on • sacred subject, met with the approbation of the
house.
At thee me time the proposition to grant out of the univereity
cheat a sum not exceeding 10/. for the University of Corfu, to be el-
-1 vatted in the perchaor ol clamical books printed at the uniset city
areas was also agreed to.

LART NIGHT'S GAZETTE cuntians at; order in council,
sanctioning a scheme of the ecclesiastical commissioner. for consti-
tuting three separate districts for spiritual purposes out of the ori-
ginal parithes of St. Luke, Old.treet, and St. Leonard, Skoreditch,
Middlesex. The new divisions are to be called—the district of the
Rely Trinity, Boston; the district of St. Matthew, City-road, and the
district of St. Mark, Old-street. It is notified that a church or chapel
his been already erected in each of the new distracts; that each to to
be consecrated by the Bishop of London ; and that the Bishop of Lon-
don for the time being to he patron in perpetuity of each of the
distsiet.
THE STIPEND OF THE SISHer OF MANCHESTER is the
inireeteol an order in council also published In last Beadle.
and authorises the eocimiastical eeminiesionen to pay
4,2401. a year to the Blehop of Manchester out of the funds of the coat-
agleam; and in the 'rant of ouch funds being insufficient It directs,
in aid of mach funds, the payment hy the Archbishop of Canterbury
and the Bishop of London of LOOOL each per annum, and by the
Bishop ef Durham et a sum not exceeding SOOL per annum ; the
money an contributed from the richer sees to go in aid of the find
of the commission for the endowment of the new See of Manchester.
A FOURTH ORDER IN COUNCIL substitute a money
payment for certain estates belonging to the See of Ripon, and a fifth
(ell In Wt night's Gown') authorises the sale of certain property
formerly belonging to the Pretend of Langford Manor, in the
cathedral church of Lincoln.

NAVAL
Idoesmirrs.—At Gibraltar, Feb.s: at. Polyphemus, COM.
J. J. MiCieverty.—Teb. 9, at Lisbon Vincent, 120, Capt. S. C.
Davies, bearing the lag of Wore. Napier, oontroander-in.chief; Queen.
120, Capt. 11.11. Brace ; Howe, 120, Capt. Sir J. Stirling, lint. ; Ca-
nopus, Si, Lain. F. Moreby, Cott.; Amption, Screw, Capt.
; and et. Terrible, Capt. Ramsay ; Dragon, Capt. Hell ; and
Scourge, Com. W. H. Wiagrare —the (*met, Lieut. and Corn.
Rippe, at Oparto.-11* Jackal, Lieut. and Corn. G. Western leR the
Tagus on the 3rd inst. with mails for Madeira.
WOOLWIOE, FEB. 15.—Beabow, 72, used as a temporary
barrack for marines, was towed to Sheerness this morning.
An order was mad yesterday from the Lord,' Commissioners of the
Admiralty, relative *certain alterations to be made in the constitu-
tic, and organisation of the Dockyard Battalion. The document ex-
tends to eight folio pi** but the result may be stated as follows:—
Their lord-hi ym wallet expressing their high approbation of the ems
duct and discipline of the battalions during the past year, norm: that
experience requires an alteration ln the organisation of the faxes
which in all the various dockyards Is to be henceforth as follows
The strength of each company is in future to be 96 meth instead of SO
heretofore from 10 to 80. In future there are to be three serpent,
*annex three eorpor.ls, thawed of two as heretofore. Tbe artillery coo&
are to be increased at the expense of the Infantry, and the bat-
talion of each yard will be divided
infantry,,ne comparAes, instead
towed; viz., Tour companies of two of artillery, two brat
betted*, and one eccepany of sappers. The artillery companies ak.
though they are to be taught the use of the csrabine, are not to bi
armed with that weapon, but are to be copied soisly ea artillery it ,
the nee el geld pieces and garrison gar. llss Imo !goads apply la
the sappers, who are to be specially tasivasala fa dr task of 'sl*
braced= embrasures, Re. The Isola tolisslos wok bromear, not *
be exercised in thee* abuse, but to wane thim*lllies *Mindy to the
use 01.10 guns, and the armament for boats. alma yard
will wind* of one sergeant-NAP at 3s. per diesk avortar.saxiter
*epee* at 2s. 13d. per diem, end sixteen grill4llll,lona at 2s. id. par
esaa.
ADMIRALTT. Fat:. 15.—Apeotrrmswva.—/daster D. N.
Welch. to Feity.—Clerk : W. L. Wright, to PowerfuL —Master's-
seism* ; W. 9. Ya. Willson, to President ; J. R. gialsaras, to Express.

SPOR7ING.
BATH STEEPLE CELLS&
Mr. Minors% British Teams —.--...
r0::1:1 14
Hr. Ohm's Vanguard --- --- 5
Hr. Clifton's FAwani the Pint.
Mr. Frederick's (layßad —..........— 5
Captain Little's Carlow
Wan Soy • Meth Ma a Was

tab, inteUtatur.
COURT OF BRCHFCIURR.

Trial at Bor.—Before Woo Parke, Aldarsom Rolfe, and Ph&
BOWS v. THE HON. JOSEPH DENMAN.
The trial of this cause was resumed yesterday at 10 o'clock.
Mr. M. D. Hill called for the latter of Lord Aberdeeu,which
was read by him in his 'etch of Mondry.
The Attorney-General : I have no objection to your using
that letter, if you put in also the pipers referred to in the
margin and body of it ; I will then admit that it was written
by his lordship.
Mr. Hill : I decline to make it evidence •on those terms.
I have not seen the papers alluded to, and will never use any
documents which I have not seen.—The Attorney-General
Very well, then I decline to produce it.
Mrs. Mitchell was called to prove that her husband was
new at sea.—The Attorney-General : Oh ! admit that
Muter Pollock then read the deposition of the man Mit-
chell, which was to the effect that being a seaman of the
Rolla, on the 19th November, 1840, the defendant ordered
the boats to be manned, and to go to Donsbocorro, where
after they had been on shore some days they
fired the stores, and destroyed the property there found.
In the course of this statement the witness said he raw the
chief men and Kings while on shore, but that they were
more like chimney-sweepers than Kings ; that King Siacha
and Prince Manna, his son, were there, and witnessed the
discharge of a rocket by the defendant, to show to them bow
easily he could fire buildings from a distance. This was
after a " pelavt r" at the defendant's quarters with Prince
Manna and the great men.—On crass-examination he stated
that several slaves were brought in by the natives after they
had landed, and among them a woman and her child, and
that her name was Fry Norman. He also stated that the
sentries were placed to prevent plundering, of which there
was some, but not much, by the sailors.
Mariano Dial recalled—After the sentries were placed at
the stores the plaintiff had no access to his property.- -Cross
examined The sentries were stationed more then one day
at Dombocorro. Sentries were placed at Domboctorro,
Came:sum, and Cbieme. They were at Camesura till the
place was fired. They were withdrawn on the 22nd from
Chines, when it was fired.
Mr. Hill That is the case, my lords, for the plaintiff.
The Attorney-General then rose to address the jury for
the defence, and said . My lords and gentlemen of the jury,
you may readily believe that I rise to address you under
feelings of no ordinary character. It is difficult for a British
advocate to address a jury, who are called upon as you ere
to estimate the value a their fellow-men in invoices num-
bered, and on the amount of the goods used in the purchase
of those tellow.crestares. That would be a difficulty under
any circumstances, but now it is more than usually oppres-
sive, for this inquiry is most grave and important to all
concerned. It is most important to the plaintiff,
it is most important to the defendant ; but these
considerations ell sink into utter insignificance, when
we contemplate this inquiry in all its bearings, and
when we perceive, as all here moat, that this case is made
the instrument of aiming a blow, through the hon. defend-
ant, at that noble service which has been so often engaged
in the defence of this country, iv d on this particular occasion
was engaged in the seppression of the slave trade. This is a
consideration which is almost enough to unnerve me, and to
prevent me from the due discharge of the duty which bas
devolved on me as the representative of the crown and of
the defendant. Despite that weight, however, I will hope
for a favourable result, and I will proceed to the discharge of
that duty; and I must claim to be forgiven by my learned
friend if, in the consideration of the case, I do not follow him
into all topics which furnished forth his opening speech. In
my humble judgment we have nothing to do here with what
was the practice of this country two hundred years age
with respect to the encoursecuient of the slave trade,
but only to amist in administering the laws se they
exist now. Still lees have we to do with that nice question
which concerns the consistency of parliament in punbasiug
a commodity which was produced by slave labour, after
haling determined to abolish the slave trade. I might offer
arguments on the other aide if I were inclined to enter into
no wide a field, but I abstain from them. We have nothing
to do with these questions here, and I must be excused if I
content myself with bringing to your notice what I appre-
hend is the real point in the case,and which will afford a pee- ,
feet answer to that advanced by the plaintiff in my humble
apprehension. It might be supposed Irons the statement of
Mr. Hill, that Mr. Denman, actuated by a blind and bead- i
long seal for the suppression of the alas e trade, had entered I
with a strong hand into the Gellinas without any lawful
authority, or shadow of one, for so doing, and had ,
there violently destroyed the property of the defendant ,
without any justification or authority whatever, from ,
the King of the country, or from the chiefs. It was not ,
candid, on the part of the counsel for the plaintiff, thus to
leave the jury in the dark as to the real circumstances of the ,
ea; ; and it now devolves on me to enlighten you on this 1
part of the case. I will state the facts to you before I enter
into the discuseion of those general observations with which
my learned friend began his address. I will invest the
order of his speech, and will only observe, that I have no- ,
thing now to do with the streets made by this country for ;
the suppression of the slave trade, their policy or consis-
tency, but with the facts. And the facts are shortly these :
In 1840 the defendant was stationed off the Geneses, in the ,
command of three armed vessels, and acting under a royal ,
commission for the suppression of the slave trade. While
so engaged he received a communication, on the 30th of
October, 1840, from Sir Richard Doherty, the governor of ,
Sierra Leone, where, as is well known, wu a mixed court.
Before that time a free woman, named Fry Nor-
man,
had been taken captive from Sierra Leone
by Prince Manna, the eldest son of King Siacha, and carried
off to the Gallen', whence she wrote to her husband and to
her late mistress, residing in Freetown, stating the circum-
stances of her captivity, and requesting aid. This comma- ,
nication was to the effect that the defendant should proceed ;
to the Gallinas. and there deliver a letter on the subject to
King Sincha, demanding the liberation of this woman, and ,
making other approaches towards the extinction of the slave ;
trade, which had there been carried on by certain Spaniards
with great effect fur some time. Thoueanda of slaves had ;
been shipped by them from that spot ; and I may be allowed to
state, in passing, as a justification tor the defendant, that
when the slaves were liberated by him, and the Barracoons
destroyed, two British seamen were found and released from ;
a dreadful captivity. One of these will be called, and ,
from him you may learn all the facts connected with their
history. It cannot be denied that the defendant, on receiv-
ing this communication, was justified in acting as ,
he did. Whatever the plaintiffs witnesses may
say to the contrary, the Spaniards had taken
armed possession of the islands at the mouth of the
Gallinas, and had in defiance of the King este-
blished themselves there for the purpose of carrying on this
trade in his subjects. This shows that the defendant was
justified in entering the river with a force necessary for his
protection and for the attainment of his object. It was well
known that the Spaniards there settled had interfered to
prevent the King from protecting British sailors and men of
war when in distress of weather, and it was well known that
they had expressed their determination to oppose the ad-
vance of the boats or the interchange of any communications
whatever between the cruisers and the interior. tinder
these circumstances the hon, defendant determined to exe-
cute his minion to the Kiag at all hazards, and for this
rolgosletlre
crews,issued aborsneraalndordotenr to
oes in
nis
readiness
uon to
act at a moment's notice, and to ascend the river.
In that order the defendant, I blush to admit it for the mike
of human nature, found it necessary to caution the men
against tasting the spirit, which they might find on shore,
for it was well known that the Spani ads had poisoned them,
in order that any indulgence in them might prove fatal to
the men. The learned gentleman then read the document
in question, which contained such a caution as that alluded
to, and then continued—l apprehend that nobody could
read this without seeing that Captain Denman used every
precaution which he was bound to exercise in the discharge
of his duty, which was, the delivery of the letter of
Sir It. Doherty into King Siacha's own hands.
This order was dated on the 16th, and at 2 a.m.
on the 19th of Nov. the expedition entered the
river. On establishing himself at Dombocorro, he found that
the slave owners had pertially liberated the slaves for the
purpose of driving them into the bush and preventing their
liberation. There were evident traces of slaves having been
recently there. The evidence of Elia showed that. But
there were no Spaniards there they had all fled; but the
place was armed with guns and well supplied with powder.
Knowing the treachery of the men he had to deal with, the
defendant did start the powder into the stream. He knew
that it was in vain to attempt to see the King. He, how-
ever, wrote a letter to the Kiag as he was crossing the river,
which he caused to be despatched to him. In that letter he
explained his object and demanded an interview and the as-
sistance of the king. At that time King Sian ha was bedridden,
and the government was carried on by Prince Manna and
the Rogers family. An interview accordingly took place
with the latter and the prince, when the complaints of the
governor and the defendant were stated, and before a
single act of aggression on the storehouses was done by the
defendant. On the 21st Nrivern her a treaty was signed by
Prince Manna on behalf of the King Siacha, and the Rogers
family on their own behalf, and by Captain Denman. That
treaty was dated on the 21st of November, and was as
follows:
In consequence of the white slave-de dere settled in the river
having prevented the boats of bra Britannic Majesty's ships
from receiving the common rights of humanity when In charms, and
arming. refuge is King sisals a waters, in violation of his dignity and
of kin rigida, thus esporing him to diff!reser% with the Queen of
England , and also in consequence of a Sierra Leone boy having been
made a slave of by these white men a tam river Callinas, who was
Kin and released by Commander non the 19th ins.
I. King Sioche engages totally to destroy the imtories belonging to
those white men without delay. 2. King Steam engages togas up
to Commander Denman all the aliens who were in the banacoona
the white slam dealere when be entered the Dam and have been
carried off into the bash. 3. King stator engages to send
there bad white min out of his country by the fleet
our moths from this data. 4. Keg
=VII =lt fin the most mann manner, that no
white men shall ever for the future settle m his country fire the pur-
pose.of Flare dealing. 1. Capt. lk natio, upon the part of her Bri-
tannic Majesty, promisee never to molest any of M. legitimate can..
nerve a/ the river (Wham, baton the contrary, bet Mebeety's Mips
evil afibrd every amestarkee to the king Stalmik outings, and take
Heopportunity of promoting kie cerement. 6. lbw Governor el
Herm Leone will me his influence to get Dm Sierra Lone people
opera the triode with King Mocha's country. I. No white man from
Serra Leone shall settle down In King triacka's country without his
gall permission and eargimet. 8. All complains that King Mocha
may have to make hereafter against any of her Majatfa
ships he is requested to forward at once to herrn Lem" end •Mn
lavestigatiom end melt »hem uthe ecosion moy
la solemnly premised by Comnabaer Din Man, on Ora
of her Britannic Mobeety. Done at pompanos-To, In the
Galena% this list day OS November, 1840.—Alllpele !daft
Kassa, his (X) mark. Lenge Room, his (X) merit Mgt
smArea Booms, his (X) mule—feigned) Jams Deasaan,
coansander sad entice offiem on the Siena Les
usher
camas Denman, by the request of the Prince teasseeme Om aisle
hemby dates that be at ant demanded that the trails of the
white slave doers quid be destroyed with their MO Xing
Siacha Lain doelathat those miaow have acted IS of
his laws, Lod that In ofmarosence be maiden their gimes IN foldeited
to him, Capt.vin Denman bas withdrawn las Comma upon this
pone end consented that King Slecha shell take posses** rat

said goods, ee osedltkin that they are immediately taken out of the
wt.,n and moved to Ohindamar, or snore other place far from the
aaaaa,—(Siaraaa) Jc,4IPPI Dramas, Commander and Senior Officer.
This treaty having been signed on the 21st Nov., all the
weremoved from the storehouse* either by the
is re
Bpaniarda
or the natives, with their concurrence, before the
storehouses were fired. It will be shown that n.l property
was in them, and the slaves were liberated, to thy- number
of 900, at Siem Leone, and some of them will be examined
here to-day. From them you will learn • complete refuta-
tion of the proposition advanced by Mr. Hill, that England
has caused more misery by her protection of the negro than
she inflicted by the trade itself : but this by the way. After
this treaty it will be seen, that one rocket only was tired
by Capt. Denman's order or act, but that was to fire one
barracoon, or a village, only, which wall entirely empty.
This done, the chiefs were as good as their word, and the
Spaniards, obliged to quit the country, applied to the de-
fendant for • paeaage to Sierra Leone, and so a deadly Vow
was given to the trade at a spot whence thousands and thou-
sands of negroes had been heretofore sent into wretched
slavery by the plaintiff and his friends. This act being
notified by Governor Doherty to the Home Department,
the attention of the Admiralty, the foreign minister, anti the
colonial limitary, was given to the subject, and the result
has been, that the conduct of the defendant has been fully
approved of after investigation into the circumstances in
March, 1841, and an advance in his honourable profession
granted to him by the Lords of the Admiralty ; and it is to be
remarked that this was long before the letter of Lord Aber-
deen, which was written in 1842, and had reference to cer-
tain proceedings elsewhere, regarding the blockade of another
river, and the seizure of certain French goods. This is,
therefore, a full and perfect answer to the case of the plain-
tiff; but it is yet to be said that the people of Ragland, by
their parliament, have sanctioned the conduct of the de-
fendant, for, by a special act, 4,0004 was granted to the de-
fendant and the officers and men under his command for
these very services at the Gallinas. Never was there
such a confirmation of an act yet shown to a
jury. It boa been sanctioned by the various secretaries of
state, and by the parliament itself ; and it is surprising that
we should be here engaged for • second day in an inquiry
into the legality of those transactions. These are the facts
on which I rely ; and now let us see how they bear out the
It steams advanced on the record. It is honible, in the first
place, to see the allegation of the plaintiff's claim for com-
pensation for slaves, and goods embarked in the purchase of
slaves, at this time of day. It however requires an answer •
to it the defendant has first pleaded a denial of the legal
possession of the slaves by the plaintiff. No doubt the law
onee allowed of slavery; but slavery is now abolished, and
the onus rests on the plaintiff, who claims to hold slaves, of
showing that he had a lawful possession of the person of
a fellow-being. This is not the ease of a chair or a table, but
of property in man; and the plaintiff must show, according
to Chancellor Kent's Commentaries, page 200, that he has a
right by the law of the land where he lives to the slaves.
Formerly, indeed, it was supposed that the slave trade was
piracy, but that doctrine was afterwards abandoned and
qualified; and the result was that though a slave dealer was
not punishable by death as a cornmunis hostis, yet still the
trade was unlawful, and the onus probandi is cast on him
who claims a slave, of making proof of • right of property in
slaves by the law of the country where he lives.
Mr. Baron Alderson: When he seeks to recover compen-
sation fur the loss of slaves in a country where no such right
to hold in slavery is allowed by law, surely he must show
that those slaves are rightfully held by him elsewhere.
The Attorney-General : Most undoubtedly; but I do not
stop to ask that proof. The plaintiff is a Spaniard, and by
the laws of Spain slavery is abolished. The cue of " Ma-
dras.* r. cited by Mr. Hill, turned on the words of
the treaty of 1817 (18 G. 3, c. 36), which was of a limited
character. That case, therefore, does not apply here, while
it shows that the plaintiff's counsel was well aware of the
difficulty now cast upon him. That defect in the treaty was
perceived by the government of the day, and the treaty of
1835 was made, which declared the slave trade to be
abolished by Spain in all parts of the world. We therefore
rely on this general abolition of slavery by Spain ; and it
is not necessary that that treaty should have been the sub-
ject of a legislative enactment by Spain. A Spanish subject
cannot claim compensation at the hands of an English offi-
cer for acts done by that officer under that treaty. His
remedy is against his own country and government, by
whom power to interfere with cis property has been con-
ferred on England. This treaty, however, is an absolute
bar to the plaintiff, and he cannot go elsewhere and possess
himself legally of slaves. The bare production of the
statute here ernbod)ing that treaty must therefore put an
cad to this case, as far as the plea of not possessed is
concerned. In the next place I contend that the
del. ndant, besides that treaty and his commission, had a
'sequel right os a free man to set [tee all others who might
be kept in slavery. But no great stress is made on that, for
a more important point in the law is that which turns on the
plea that the delendant acted by the 'auction of the King of
the country in liberating the slaves. It is well to laugh at
the application of the title of King to this chieftain, but the
fact is true. lie was an absolute monarch, and had the
power to disturb the plaintiff and his assoctites in the prose-
cution of their nefarious dealings if he so chose, and the
treaty shows that he did exercise that power, and did confer
authority on the defendant to act as he did against the bar-
racoons. The great, the all important question, however,
raised by the pleas is the effect of the ratification of this act
by the court. My appearance here, avowirg that sanction,
might have been enough to drive the plaintiff out of this
court; but I stand on the previous approval of the crown,
made known soon after the act of the defendant, and I con-
tend that it absolutely exonerates him from all liability to the
plaintiff. What is the nature of a commander's duty on
a foreign station ? 'firs defendant sailed with ge-
neral orden to suppress the slave trade. The commis-
sion of the defendant may be said to be confined to the
sea; but what difference can arise between the suppression
of the trade afloat or ashore? Look at the case of the
Caroline. The act of Sir A. M'Nab was approved of by the
government, and so the court by which be was tried ac-
quitted him.
Mr. Baron Parke—Did not that acquittal proceed in the
absence of proof of any order by the defendant, Mr.
Attorney?
Mr. Hill—Your lordship is quite right. It did.
The Attorney-General—We have no exact report of the
ease, and it is, fftereforc, useless to refer to it; hut I have in-
structions to the effect that the government did approve of
the defendant's act., and that it was decided on that ground.
There are, however, other and more decisive authorities
to which we have access in our own courts. Sir
Home Popham had, as is well known, established •
blockade without instructions at Monte Video. A vessel was
captured, and the legality of that capture was questioned
before Lord Stowell. It It reported in 6 Robinson's Rep.
36.5, and his lordship there gave the most unlimited effect to
the power of a commander on a foreign station to act accord-
ing to the exigency of the lumens. That can shows the
conclusive effect of such an act on foreigners, if afterwards
adopted and sanctioned by the government of that officer.
There the officer was censured as an individual, but the
government adopted his proceeding as a public act, and as
regarded its application to foreigners. If the defendant's
acts had been censured privately and personally, instead of
having been expressly sanctioned by the government, still
those acts would have been effective and I. gal as regarded
the plaintiff, if they had been publicly adopted. As soon as
we come to the conclusion that this is an act of state, the tri-
bunal is shifted, and the plaintiff has his remedy in a different
shape elsewhere. The Queen of Spain could not complain to
the Queen of England after the treaty of 1836 of this transac-
tion ; and if so, the plaintiff can have no ground of action.
If this he then an act of the state, no private action lies for
it. It may be made the ground of public complaint, but not
of a private action. lf that act, after it was reported to the
crown, was adopted, that adoptioa has • retroaction to the
moment of acting, and legalises and protects it ab initio. The
same argument applies to the goods as well as to the slaves.
They were there, and there only for the purposes of the
slave trade. It was said that those goods were there for the
wpm of trading in ivory and palm oil; and it was
WNW by one witness that one vessel, the Alexander,
Wok away one bunted casks of oil; but it will
be proved that she went out in sand ballast.
In fact, not nne single ship during the defendant's command
ever came there or left the coast with the legitimate pur-
poses of commerce, the truth being that there is but one
trade carried on—and that the slave-trade. These are the
fasts on which the case will turn far the defence, and it only
remains to say a word on the question of what the damages
are to which the plaintiff may be entitled in the event, al-
most impossible, that a verdict should pass for him. It must
be clear that the crown can never check the evidence on this
head, but is it not palpably too weak to call for any com-
ment ? You, gentlemen, need not be cautioned not to yield
to the great prejudice which you cannot but entertain
against the plaintiff when called upon to estimate in monies
numbered, the amount of compensation for the loss of slaves.
You, who are willingly bearing a share in the gnat !Obeli-
fibre made by this nation for the suppression of the in!scacus
slave-trade, can scarcely come to the discussion of this point
with calm and equal minds. Still I contend that the plaintiff
should have the law fairly and properly administered to him.
Let his claim be judged by the law. Give him his bond,
gentlemen, bat surely he who deals in flesh abouid brave no
mere. I have now done. It is impassible not to see tee
object of these proceedings; and I can only say that
I hope and trust no blow may now be struck at the great
current which is now setting in for the total emancipation of
mankind. I hope and pray that through no weak advocacy
of mine—through to error of judgment on my past, in the
discharge of my duty to the mews—a blow may be struck
today at • service which is the ornament and protection of
this great country, and with which, of all others„ I am in
some way, however remotely, connected. I cannot anticipate
that such will be the result of these very important proceed-
ings; but if such should bathe Ca" I cannot but record my
*pinion that year verdict would be attended by consequencn
and results now unforeseen, but most lamentaMe in their

nature.
At the close of the learned gentlemen's address, he ap-
pealed to Mr. Hill * adroit *stain lettere to have been
written from the colonial-offuse, while Lord John Russell
was Secretary for the Cownies, by his lordship's sanction
and authority The necceity tor this appeal was created
by the illness of his lordship, who was most dad!** of being
released from • personal attendance in court, if each • course
could be arranged.
Mr.
which
noble lord,
if the Atto
el Lord A
The An
I will adr
20th May
Colonial

paken
blerenpen
the Donned
will put in
M►+nr
The Mewing

be arrange*.
Hdl ezpreeeed his readiness personally te do seri:Ling
would be conducive to the health and comfort of the
lrd. He would admit what a
h
, his nds
A.ttorney-General on his . rsat
.* letter
rd Aberdeen. •1' ..• 1 4 ,
e Attoruey-Genend, prod . • prjoin •.. tPiu.
admit that that, latter wet tar Wok. • ,
May, 1842, and that Lord j'" • o rale( inn • o
ehf
tie' Secretary at that ,ti yen •
n to which it refer*, if y. • the ;!•}4ltr •
erenpen much unprodtab • • Wm • 01,07041
d, I
mined on both rides, an. ..."-y; • tell
Jt
put in the letter and the tetta •
Aieren.
aster Pollock then read the Lord dd
he following docninents were ;, •: yl arta read; a