The British Press; or, Morning Literary Advertiser.
London, England, 1804-07-28 00:00:00

LAW CAST.

PUILADLLIPHIA, JUNE 6.

On Thursday and Friday last a legal question of
great curiosity, novelty, and importance, WAR ar-
gned in the Court of Aprils. The name of the
case was Stone against keeling, and the circum-
stances are as follow :

One Keeling, some thirty or forty years ago,
married a woman by whom he had a son. 1-lis wife
then died, and after the lapse of a few years, he
married a lady who was known by the name of
Mrs. Arbuckle. This lady, at the time of her in-
termarriage with Mr. Keeling, had another husband
who is still living. Mr. Atbuckle and herself, not
enjoying. domestic happiness, separated, he con-
tinuing in the county of Accomse, on the eastern
shore of Virginia ; she removing to the county of
Princess Anne, where she married Mr. Keeling.
Previous to this marriage, Arbuckle bad frequently
been absent from the state, although his absence had
never been so long as to justify the presumption of
his death. Two daughters were the fruit of this
marriage, and Keeling and his second wife lived
happily together until the day of their death. AbOut
two years ao Keeling died, leaving.a large estate.
His son by the first wife is dead,leavtng two children,
and his daughters by the second wife are married.
Shortly after the death of Keeling, the husbands
of his daughters (the appellants in this suit) applied
to the county court of Princess Anne far letters of
adminittration on his estate, as being the next of kin
to the deceased. was opposed by the mother
and guardian of the children left by Keeling's son,
On the ground that the &meters were illegitimate,
they being the issue of an illegal and void marriage,
and consequently not entitled to any portion of the
estate. The county court sustained the objedion,
and appointed the guardian of the grand children
the administrator. On an appeal to the distria
court of Suffolk. that court affirmed the judgment
of the county court, from which judgment the hus-
bands of the daughters appealed to the Court of
Appeals.
The case chiefly depended on the exposition of a
clause in the law of descents, passed in the year
1735, which took effect on the Ist of January 1787 ;
the clause declares that the issue of marriages
deemed null in law, shall nevertheless be legitimate."
By the common law, the children of all illegal mar-
riages were illegitimate. The question was,, whe-
ther the common law on that subjed was totally or
partially altered?
It was contended for the apßellants that the le-
gislettire intended to change the law entirely, and
that the innocent offspring of all illegal marriages
were legitimated.
For the appellee it was contended that the legis-
latore only meant to legitimate the issue of such
illegal marriages as requited an annulling ad to
make them void, and not such as were absolutely
void from beginning : that a marriage with a person
already married, was void from the very moment
of its being convened, and that consequently the
issue of such illegal marriages were still illegitimate
as at common law. It was also urged that the law
of 1;85 did not apply to this case. as the daughters
were born previous to the 14 of .11:10• 1787. The
reply made to this argument by the appellaate
counsel was, that the law operated from the date of
the death of the father, and not from the time of
the children's birth.
The court on Saturday last unanimously decided,
that the common law on this subjett was totally
changed ; that the issue of all illegal marriages were
legitimate under the a 8 of 1785; they reversed the
judgment of the distrit court, and direfled the ad-
ministration of the estate to be conferred on the ap-
pellauts.---( Ricd. Eng.)
_ _ _

Cope of • Letter from Lieutenant Decatur to Commodore
Ptc...ile, containing an Ottical ~ccouat of the cl...tr..ction ..f
the ;rig ato rhiutlo.l,is, dated ou boutl the Ketch Intrepid,
at sea, Feb. 17th, 1104.
^
• - -•- • •

" I have the honour to inform Foil, that in punnanre of
your orders of the tat lost. to precool with this ketch of t'.e
harbour off Tritaa, there to endeavour to effect the de/roc:hal
of the United States Late frigate Philadelphia t I arrived there
in company with the United States brig 5i ton, Lt. utenaut-
Commandant Stewart, on but cortig to Use badness of the
weather, was unable to effect an, thing. until last evening,
when we had a light breeze from N.E. At 7 o'clock I entered
the harbour with the intrepid ,the Sy-en having gained her
station without the harbour in a situation to support us in our
retreat), at half past note laid hist alonge.de the Philadelphia,
basrded, and after a short centt carried her. I immediately
fired her in the stereerciams, garcon, ns, cock-pit, and barth•
dere, and remained oa bawd until the flames had iticisal from
the spaceleck, hatchway., and ports. and before I got from
IC:ringside, the fire ha/ coinuannicated to the neva; and tops:
rrevious to our boarding. they had get their toerkine out a..d
hailed several timer, but not a gun Was hied. The noise
measionsd by boarding and contending for posesion (although
too Ere arms were used) pee a general alarm on share and on
board thstr craiscoi, which lay about a cable and a half Isngth
from us, mai many large boats filled with men lay round, but
from whom we ir e.sived on annoyance. They commenced
a fire on us f.o.n all their lotteries on shore, lint with no other
effect than one shed priming through our top-gal iarit mil. The
frigate was moored within half a gun-shot of the basbaw',
castle and their principal battrry, Maar two cruiser. by within
two cables ler.gth on the starboard q meter, and their gun boats
within half a gam shot on the starboard bow : she had al: her
goon *noosed and tarred which. as city 1.-sate hot, went
of, and as she lay with her broadside 011 the tetra, I bawl no
doubt bosom dan...ge has been done by them.
Before I got oat of the harbour, her comes bard off, are'.
s'e 4. hid in under Cie ca-de where she was consumed. I can
foci, no judgment as to the number of men that were on
board r. her. There were ab-et twenty killed; a large best
full got and masts IV4ped I • i the -in We have made ois
prisoner, who, I fear, from the number bad wounds he has
received, will not recover, although every ateistance and com-
fort has been given him. 1 troardad with 60 men and officer,
leaving; guard an hoed the ketch C 4 her defence, and it is
with the mama pleasure I inform sou, I had not a man bat-
ted to this stair, aod trot one slightly wounded. Leery support
that toad be given. I received from my offeirrs, and as each of
thew condoner was IC ghly ibcritorious, I beg leave to terlose you a
list af their cantos. Permit me ado. Sir, to Teak of the israve
fellows I have the honer,: so command, whose coolness and in-
trepidity were such as I trust eta eve ch.racternc the Areri-
can tars. It would be irCiust.ce in me, ware I to pass over the
important serritet rendired by Mr. Salwartore, the on
whose goad conduct the sincere. of the enterprise in the giaateut
degree deperded. lie rive me enttre enniaction.
" I tam the honour to tr.. Sir,
rs 10V:th great r.,:crt,
••Yell! Telabt bedis..t_
" STCPNLh tmt...vr h,

Monday sc'nn;ght, an unhappy accident happened
in the par;oh of Gsvenddver. Breconshire: as two
men were close-cutting a piece of timber, a girl of
t• ut eixteea or szventeen years of acre w.O sitting
on ele ground near them. when. I p.irt of the trim
rolled over her, and crushed Ler in such a miznacr.
that she imotc;.liately expired.