The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-09 00:00:00

*• nd dine e ion of the Court. In the case of Rivers r. Platt. the
pLcation was for a second trial. the tint haring been at Nisi
he LORD Cdttr J srlct —The Cale of the City of London
Lonitto Dock Company was tried at Wu aftes• trial at Nisi

- Sir. Serg:ant VAUGHAN continued. It had berm said the
s.liclavit was not sufficient ; that the difficult's.% had not been par-
t'rulart.ril, but the Court would not call on him to argue the
t":llesent limitstiom of the will.

T>e lAA° Cuttr JusTict—They should be put on the

Sargent litxt:ollAW submitted that mu asking too much
to require that they should open their whole defence to the opposite
party. He had no hesitation in saying. that on the 12th °Cato. 111
must material points would acre. Then there was die pedigree.
Tltti Lotto CHIEF JUSTICE—That can be only a question of
far. •
31r. Sergeant VAUGRAW said that the affidavit had mentiored
she difficulties as probable; to have assert.. that die difficulties
would occur would have been to have sworn positively and rashly to
Cost istiich could not be absolutely known before the trial.
Alt, Sergeant TADDT followed on the same side. The cases
cited by his Learned Friend were not trials of writs of right. In
you of right there was their remoteness at least, which was a diffi-
culty. There were lighthouses originally belonging to the Angel
faintly. Thee were built on the ground of the King, and vested in
Mr. Angel, who made certain advances. The Crown, then, might
Lassa claim; at least the cause would nowise an inquiry into several
Acts of Parliament. The latter part of his Learned Friend's
affidavit, whielibrave u a reason Ihr the cause not being tried at
her, that the
.pony had gone to the expense of retaining all the
talent on the circuit, was an argument in favour of its not being
tried at Turk; for if the other side had thus monopolised the
talent, the defendant would not have an opportunity of there fairly
sou:coding his claim.
The LORD ('trees JUSTICE..-nle Midland Circuit is not very
far off; and I dare say, Brother Teddy, your clients will be able
to induce some of the gentlemen who attend it to go to York,
without being obliged to have recourse to a writ of habeas corps:.
(Laughter.)
The COURT decided that there was no ground on which to
make the rule absolute. In addition to the inconvenience of
others, the expense that must be incurred to remove the Grand
Assise, the 24 Knights, from York to London, would be immense,
alitt ought not to be allowed, excepting on very sufficient grounds.
Nothing, in fact, short of necessity could warrant such a pro.
ceellteg ; and this necessity had not been shown, the defendant's
affidavit having only alleged the "probable" occurrence of diffi-
culties. It was worthy of consideration too, that if. owing to the
distance (4011 miles), or any of the casualties attending it, less than
tour Knights were at last present, the trial could not proceed.
Almost all the advantages of a trial at bar might be had by a bill
of exceptions or a special verdict. In reference to the expenses,
it had occurred to the Court that the four Knights who were the
inlwr day brought from York might have refused to have been
sworn until their expenses of journey were paid.
Rule discharged.
DON .rose ANTONIO D'VRIS•RRI r. CLEMENT.

It may be recollected that this was an action which arose out of a
libel which appeared some time back in the Morning Cheoxicle.
It inipt..ed to the plaintiff that, as Envoy Extraordinary and
Plenipotentiary of the Government of Chili, he had effected a
lean, and " transferred to himself 675,11001. of John Bull's money.
•• which enabled him to lire in a style that outtopped Princes."
A verdict was obtained for the plaintifE with COO/. damages.
Mr. Sergeant Toddy moved on • previous day for a rule to
arrow Mlle why a nonsuit should not be entered for the defendant,
ort the ground that the King of Spain not having given up pow.
session of the South American States, and his Majesty's Ministers
for Foreign Affairs continuing to acknowledge the King .of Spain
as their lawful Sovereign, the Courts of Justice, receiving their
authority from the ezecutiie of England, could not acknowledge
ine revolutionary State of South America as sovereign and inde-
pe-dent States. The Court granted the rule Nisi.
Mr. Sergeant Vitt:GRAN this morning showed cause against the
Me. This wu a gross libel on the plaintiff's moral character.
The first question was, whether the plaintiff received his appoint-
ment from the persons exercising the power of Oovernment in
and this was fully proved ow the trial. The next question
was, whether their Lordships could consider this as a State. and he
trust contend not only that it was a State, buts Sovereign State.
The Loan Cruz, Jr STICr.--It must be so acknowledged.

Mr. SCrEellOt VAUGHAN continued. It was not lees a State be-
cause it was not so acknowledged by this Government, It was
Me opinion of Grodus and all writers on the law of nations, that
toe recognition of a State by other Powers was not at all necessary
to constitute It a Sovereign Soda This was expressly laid down
sn the let chapter of the Ist book of Grodus. These writers—
and to them only could we refer as authority in such cases—
appeared to astablishit as a principle, that if legislative Courts were
established and laws administered—if a State governed itself, it
was entitled to rank with other Sovereign mahut. Here there
could be DO question but that the States of South America hsd
not only asserted but had preserved their rights. They had main-
tained an arafed force, and were existing within themselves—int-
posing laws and obeying them. This was the only fact that it was
necessary far him to establish. He was aware that it was repug-
nant to the feelings of some who fostered old prejudices to lied?
the recognition of States talked of in theie terms ; but if a State
became dissatisfied, and was strong enough to throw off the yoke
of the mother country—if it willed to be free and became in—it
became, beyond doubt, an independent sovereign State, whether
acknowledged or not.
The Loan CHIET JUSTICE—OIiver Cromwell was treated
with much respect.
Mt. Sergeant ratlellaX—ft had been asked how the Court
could talk of Chili as a State when our Sovereign, in 1710,
Alined the Convention of Spain.

• The LORD CHIEF JUSTICE said One was to doubt but that
vice might hare judicial authority, though the state might for.
anerly have belongzd to Spain. Did not all the Powers treat with
A ererlca ?

Irlr. Sergeant Vaucuast then proceeded to state the various de-
finitions given of civil war, and to describe the gradual pro.
Fess of u revolution, until the revolting party became sufficiently
powerful to divide the country and wage a regular war with the
Former rulers. Ile then inquired who, under these circumstances,
was to judge which was right and which wrong. A country not
interested had no right to judge; the only inquiry to be made was,
was it intkpendent ? had they courts of justice? did they adminis-
ter law, ? It was stated on the trial that in 1818 the States of Ame-
rica A./cited their independence ; that there were two provinces and
a linlf cloying a state of peace under the new Government, and the
rem were agitated ; but this was sufficient to establish the point in
it.sputc. The Learned Gentleman then cited a case in Black-
store's Reports, in which an action was brought by the obligee,
and it was contended that by the act of the State of New York, the
whole property had been confiscated, and that he could not sue;
but this was overruled. There was a case, Nutt Wright, Black-
stone. 144, which occurred in the Court of Chancery • Lord Thur.
law was aien Chancellor, and decided, assisted by Lord Kenyon,
the Pilaster of the Rolls, that it must be treated as a private specu.
lotion, and that the State of Georgia must be viewed as an lode.
pendent State.

The Loan Cettnr JUSTICE—This, looked at u the language
of a Judge in a parent State, is a strong argument.
Air. Sergeant VAUGHAN then proceeded to cite a ease tom 9
Vesey, in which the Canton of Berne, after the revolution, claimed
sorer money of the Bank of England and South Sea Company, and
a bill was bled in Chancery to restrain the Bank from paying the
money to the revolted State. The decision of the Chancellor was
first in opposition to the principle the beamed Sergeant had en.
deavoured to establish ; but the Chancellor's opinion underwent a
gralual change, until the revolted State was at last legally ac-
knowledged as a sovereign State. The Learned Sergeant was then
proceeding to argue the legality of the loan winch the plaintiff had
negetired, on the principle that trade was allowed to exist between
the States, when he was interrupted by

The I.oOD CHIEF JositcE, who said that it had been dos
tiled that it was absolutely illegal for any individual to advance
money to a state so circumstanced as those of South America,
which had never been abandoned by the mother country. The
fonds which ought to have been supporting English industry and
English credit had been dissipated in foreign loans.

Mr. Sergeant Vamowax said that all events the defendant
was not at liberty, admitting the illegality of the transaction, to
impute to the plaintiff any description of fraud. If a man were
slinottog birds without a listens; another would not be justified,
because this was an illegal act, in charging him with having stolen
the birds ; upon the same principle, i 1 an assault were committed
it would be a libel to charge the intivirlual committing it
with having perpetrated murder. The Learned Sergeant concluded
by observing that he could not, after the derided expression of the
d.uurt, Incas upon their consideration the legallity of the loan, bat
be would leave it with their Lordships to draw the fair distinction
between the contract foe the loan, or the edeavonr to effect it, and
Me abeee which was collateral—which was not a fair comment on
the transaction, but a gross libel.
Mr Sergeant TADDY argued in support of the rule. His
Learned friend had laid down three propositions : first, that there
was a Republic or State of Chili; secondly, that the plaintiff was
appointed envoy ; and thirdly, that he was authorised and mt.
powered to negotiate • loan in this country, and that he had done
It on the put tit the State of Chili. He contended, that neither of
these propositions were made out. The Court had no means of
judging whether there was such a State or not. The Courts re-
ceived their legislative power (coin his Majesty, and his Majesty
acknowl.ligcd at the period alluded to, the King of Spain as Sove-
reign of the States of South America : for the King of Spain had
Lot abandoned those States. Ills Learned Friend had brought fur.
weal several opinions of writers on the Laws of Nations, but
Wes' were speculative. general, and abstract opinions, and could
but be acied upon. One of the authorities was merely speaking in
reference to • new State; this could not apply to the States of
South America. The Learned Sergeant then inquired if any
provit.ee io Spain choose to declare itself independent, whether that
could he deemed sufficient to constitute it an independent state.
As regarded the legality of the lose, if it was legal it was not
midair. to be so ; and it it was not legal it was no loan at all. Then
as rest:Gra the libel, suppose • man bad been libelled respecting
his wanner of carrying on a particular business, and it turned out
that he had been a smuggler, could he be supposed to prove his al.
ligation ? Certainly not, and the Court would decide there was no
ground for action. If the plsintifr meant to contend that he was a
trader, and that as a trader he had been libelled, then it was incum-
bent on him to prove that he had exercised his trade legally.
The Court sled they would hear the rest of the argument ott
steadier day.