The British Press; or, Morning Literary Advertiser.
London, England, 1810-05-17 00:00:00

LAW INTELLIGiNCE.

COURT OF KING'S BENCH, Witrrartmersa, STAY IG.
TORTURE.

TIN IMO V. GovEsnoa TILTON.

Mr. STLPiIeN oddressed the Court at consider-
able length, in support of the veriliet obtained in
this case, and in ariswer to the arguments of Mr.
Nolan, addressed to the Court last term. In ans-
wer to the first objection taken by Mr. Nolan.
uarnelv, "That the infliction of torture, autho-
rized by the Spanish law, must cerise on the eon-
quest of the colony by the British ems, as 'Pflug
rotor:try to the fundamental principles of the Eng-
lish Constitution," Mr. Stephen' coot:tided, that
although it had been held that slavery, as beiii4
contrary to the fundamental principles of the
British Constitution, could not exist in this coun-
try ; vet it had been admitted that it might
exist in the VVi at Indies ; and, by an Act of Par-
liament, 'lassed in the t ear 1769, for the re-
gulatiou of the slaves ill St. Vinci in, it was enacted,
that any slave striking box master should be liable
to be flogged at the discretion of his toaster, sod
if the master was wounded, the slave should lose a
member or puffer death. And, that soy slave alt.
renting himself Cons his owner, should lie dorm* d
guilty of felony, and suffer death. Ile could not
point out ally law which immediately authorised
torture, but he could produce authority to prove
that punishments, contrary to the laws of this
country, soil such ns were shocking to the
feelings of Englishmen, were held lawful in the
West Indies; such fur instance usstortong to death,
berating by slow firer, etc. and Pair. Bryant Edwards,
in his History of Me West Indies, mentions three
punishnieuts, to which he was withers ; he, (Mr.
S.) would not shock the Court by describing them ;
Lot which were not mentioned by Mr. Edwards as
being contrary to the law of the country. The
Leermil Counsel then adverted to the case of Hill
and Campbell. The opinion of Lord MantifiNci on
that case. he thought, was decisive, 'there his Lord-
ship says, that the laws of a conquered country
must coutinue in force, until altered by the con-
queror ; and that the Crown had the power of
annulling or confirming them to a certain extent.
No precedent. his Lordship observed, could be
found, because no doubt to the contrary had
ever occurred. To this decision, he, (Nlr. Ste-
phen,) should add no remarks. Mr. Nolan
had contended, that if the case was taken to its
full extent, two sets of ;lows roust exist in the same
country, or the conquering army 'must, by their
conquest, be reduced to the state of slaves. He
acknowledged-that the army would become subject
to the laws of the country, tf, mingled with the in-
habitants, they were guilty of offences against the
laws of such country, which offences could not Le pu-
nished by military law ; the party °Gulling ren-
dered himself ruble. t to the leas he had olfeilib•il ;
and it also followed, that persons emigrating to
foreign countries, rendered themselves liable to the
laws of the country to ivliieda they etnigratod.—
Even by the laws of this country, Jowls to the
middle of the last century, it heal b..eii legal to in-
flict torture in cases where persons tiottuted for
crimes refused to plead. Ilis Learriral Friend huh
said, that the inflicting torture was contrary to
Holy Writ. As a Chrician, he should not deny the
doctrine; but persons subjeet to this doctrine were
not Christians. and we, by force, had not a richt to
make them so; and by no right of conquest did it
follow that all the laws of tin, ("intim. red coantiy
must immediately become mill and void. The ver-
dict of the Jury had declared that torture was one
of the laws of the Island, and His Majesty having
been pleased to say the laws should be continued in
force, he should coutend that the torture in the pre-
sent ease had been legally inflicted.

On the second point, namely, that if the power
of infLetiii7, the torture still existed, yet that the
Court by which the torture, in the present case,
had been inflicted, was not a legal Court, there
being sii appeal to a Superior Court of the Cor-
niced', who were ether to annul or confirm the
sentence ; and, till so continued, the sentence
could not be carried iuto execution : In an-
swer to this objection, be contended, that the
Council of the Cornice's, being under the con.
trout and dominion of the King of Spa u, it was
impossible thut any appeal could be made to that
Court under the ancient Constitution of the island ;
there wa■ no appeal to the Governor of the
bland, but immediate, from the Alcalites Court
to the Carraccas. Governor niter had li-en
placed in the situation of the Court of Car-
recces, and had, according to the Comm Mimi under
which he acted, legally affirmed the sentence of
the inferior Courts.

The remaining points were
argu-
ment to-morrow. ed for ergo-

We copy the following, with vatisfact:on, from a
Waterford Paper We rejoice to be 'Able to
state, on authority entitled to full belief, that tran-
quillity is rapidly returning in the more rein
parts of the county of Waterford. Arms, in comi-
&rabic numbers, have recently been delivered rip
by those who, some time ago, were so eager to ob-
tain them, even in opposition to the law of the land,
and at the risk of every thing in Weds*/ to them-
selves, their relative., and friend*. Ardently do we
hope, that the example will be followed wherever it
iv wanting, and that we shall have no more to record
agv,ressions it) disgraceful to the coquetry, and so fa-
tal to its peace."—(.Uirrat /.

CANTER,
MEETING OF THE FR.
OF CAI
A meeting of the _
thit Cny *se held oppoeii
High-street, )rsterdoy.
five. For the aeP--