The British Press; or, Morning Literary Advertiser.
London, England, 1810-04-07 00:00:00

CIVIL ADIL

•
DEFAMATION.

•
TWO KIN* S. MAGNUS ?ATI.
This was an actio• to recover damsgrs from the
Defetwiaat, for ocandalouswords, in:tattoos to the
character of the Plaintiff

Mr. Seijealit Best st-ted the case to the Jury.
lie said the Plaintiff was a gentleman of Kreat rte.
,ttibility, and Lord of the Manor of Lowland
Hall, Latchuypdoo. Upon the day in which
the scandalous words were spoken, the Plaintiff
wu riding on his own manor, in company with
Mme of his friends. upon a shooting party, when he
was met by the Defendant, who accosted him in
test' abusive terms. The Plaintiff. however, bore
his abase with the most patient forbearance, and
requested him to leave his held; this the Defendant
refused, repeated his abusive language, and, after
calling him by all manner of opprobrious names,
sued, “ You are a thief, and I can prove you are
one." These were actionable words, and for which
the law would retitle the Plaintiff to compensation
in damages. The only answer which the Defen-
dant thought proper to give to ibis action, was
merely &denial of having spoken the words. This,
however, would not avail him, for the Learnt'"
Counsel said he would prove, by the most respecta-
ble testimony, that be had not only attend these
=emus word., but also repeated them twice or
• It would be, therefore, for the Jury to
consider what damages were adequate to en injury
of this aggravated nature.
la support of this statement, Miss Sarah Griffiths
was sworn, and deposed, that them words were ut-
tered by the Defendaet, with other grossly vulgar
tad abusive language, in October, Ito& Oa her
moss-examination by Mr. Gamow, the w inlets ad-
milted there had been abusive language used ou
both aide,: but she denied any knowledge of orders
given by the Plaintiff to have the fences of the De-
readmit pulled down; and admitted that she at-
tended the last July Assizes, in this Court, as a
witness for this cause, which was postponed by the
desire of the Plaintiff.

Mrs GuLoom then addressing the Jury for the
Defendant, put it to their good sense what damages
they could give upon an imputation of this kind.—
Could it be imagined, fur one nt.iment, that the
Defame!anteater intended seriously to impute In the
Plaintiff the crime of felony ? The ides wus tno
preposterous to beentertsioed. The fact was, that
much abuse had passed between the parties, and
much irritating_ language was given and retorted on
bosh sides. The dant. conceiving himself
aggrieved by some overt act of the Plaintiff: might
have rouseciamme temporary irritation, and sonic
indignant language for the moment; bat the law
only considered the intention, the coo asthma with
which the words were uttered; and unless it could
he alarm thit the words imputed to the Defendant
were vsprevsed with a malicious intenti ttttt and that
he seriously and deliberately meant them in the
sense imputed, his Client was entitled to their ver-
dict. He was char that the Plaintiff could nut
have been very trridnly Cis, for his character on
this account, or cniteejap it at all injured liv the
'ie Defendant, whru he could
for two whole years; aed this

was also a circumstance which ought to have weight
with the Jury.
The Learned Judge told the Jury, that the words
proved in this case were certainly actionable. but it
was for the dui), to consider toe parching of injury
sustained, and apportion their verdict accordingly.
Verdict for the Plaintiff—Damoge le.

COURT OF VICE-aI►VIRiLTY, JULY 10.

[Peon The Madras Carrier.)

THE BING, V. TUB BRIG BULBAR AND CARGO.

This was a cause of considerable importance, as
it involved the tlue to u, whether the East-India
Company is entitled to prizes tsken from the ene-
mies of ills Majesty, 'y Officers appointed by the
Gosertior-General to Council, or the other Govern-
wienrit of the East India Company, under authority
of the sewers! Charters. from time to time, wanted
to the Company, by successive Sorerrigiis of Great
Britain.

The brig Burned,. under Burman colours, and
bearings Barmen sea-brier, was seized in the river
Hopeily. off Calcutta. some time ago, by the Ho-
nourable Company's Attorney, and Capt. Archi-
bald Campbell. on suspicion that the vessel and
cargo were enemy's property. On that suspicion
she was seized, mod detained, by the above Officers,
as prize to the East India Company. The vessel
and cargo were libelled in the Court of l'ice-Admi-
ratty, and condeinued by the Honourable the
Counnisaary as prize.—The question of right to the
prize, between His Majesty and the Honourable
Company, was now to be decided.
The ADVOCATIII-GUNZRAL, in a learned and able
argument, on support of the claims of the Com-
pany, rested their pretensions to the right of prize,
on the grants in the Charters of the Company, on
the fiir. legitimate rules of interpretation. He
cited a variety of cases, chiefly from Lord Coke, to
*hew, that, in the time of that great Lawyer, grants
front the Crown had been liberally construed, con-
trary to a general maxim, that all such grants
should be most strictly interpreted.
As the argument chiefly turned on the construc-
tion of the Charter of the lisle Ki fig, George the 11d,
dated the 14th of January, 1758, some quotation
front that document may be necessary, to render
the present queatioa fully intelligible.
This Charter grants US—
" The Compaay, their Sateessors sad Assigns, all each
booty or planikr, ships, vessel., goods, merchandises, tree-
tares, sad other Wags, whatsoever, which, since our Royal
Leticia patent, of the teth day of tapteniler, last past, have
hoes, or shall he, taken or seised Rose soy ef the 'wades
Oldie said Company, or any Omit amain ia the East Indies,
by any ships or *seer stile said Company, employed by
them, or so their behalf, within say places, or hails of their
trade prescribed, Br."

Su fir the Charter groats the right of prize to
tl r East India Company; but • proviso follow•,
qualifying the right to such way, as to connect it
with the commencement or origin of the war. in
which the pins are made. Thepreeiso is in these
worts

" Provided always. that the said plunder er booty, afore-
said, be bikes or seised, duress wars or ►osti►ties, began
sad carried us, in order to right or ricompenee the said Com-
pany, upon the goods, rotate, or people of t►ose parts,
from whom they s►ell sustain, or shall ►ave just mid vrell-
gromenid came to her say injury, 10144 or damage, or epos
any their people w►o s►all intertapt, wrong, or injure them,
is their said trail., or who shall, id au hostile mouser, in-
vade, or attempt le weaken and destroy the settlements of
t►e said Company, or to Miter our subjects, or ethers trad-
ing or residing wit►in the said settismeats, or la asp Ma.
am wider oar protection, air."
Now, according to the strict constiuction of this
proviso. restraining the right of the Company to
such prizes only as shall be made during war, or
hostilities begun and carried on. in order to right
and recompense them; and, as the present war,
which originated iu Eurape, and was not begun
from any causes or gruund* immediately affectilig
the interest' of the Company. their right to prize
is expressly excepted to, by the slave proviso, stud
as they were in the present case merely a non-coin-
stsisiiioned captor, the property of the 13rrmaj and
her cargo, was claimed by the officers of the Comm.
as belonging to the King its his (Aces( Admiralty.
Mr. STRETTELL argued in support of the claims
of tl.e Crowu—he combatted the construction of
the proviso as laid down by the Advocate-Geocral ;
and nneutoined, that it this clause did not restrict
the right of the Company to prize, that it was entire-
ly nugatory. and had been introduced into the
Charter without any meaning or purpose..
Mr. Limn fullowed on the same side. He con-
tended that the proviso was a 'strict condition by
which the'Crown made a reservation of its rights of
prize. It was a condition under which the Owner
was granted ; it clearly and unequivocally limited
--the right of the Company, and nothing •appeared
or existed to induce the Court to believe that the
donatory past of the Charter, conveyed more right
to the Company than what was strictly consistent
with the reservation contained ander this proviso.
The ADVOCATE-GSNERAL, in reply to the argu-
ments of Messrs. Strettell and Lewin, urged, that
the construction they had set up of the proviso,
was repegnisat to the general intention of the Char-
ter. Ile denied that the right of prize was incon-
sistent with thus proviso, nor could he admit that its
construction in favour of that right, rendered the
proviso either nugatory or useless. He conceived
that it had a fair and obytisus meabing, without af-
fecting the right to prize. lie thought that the
cause regarded the nature and occasion of the wars,
and was intended to apply to wars merely of aggres-
sion or ambition. He exentplitird this part of his
argument by an imaginary aloe. Suppose, said
the Learned Advocate, that in the late expedi• ion
to China, the Company had judg►d it proper of
necessary to commit acts of aggression in the do.
minions of the Emperor of China, and had ac-
quired treasure or booty ; he conceived in that case,
that the question whether such booty belonged to
the King or to the Company, would be decided be
the question, whether the houility by which it hed
been acquired. was necessary, or had originated on
any just cause? Such was the construction that lie
conceived to apply to the proviso, whii-h regarded
the n•iture and occasion of the origin of the war; for
it would be absurd to suppose that a war, whey, vire
begun, if in its progress it extruded to the limits
of the East India Company, and should bear port
'middy hard upon their establishments, that the
C pray should be deified. in sorb a war, the
tight US' recompense therneelv.s for their expenses
and losses, by any booty or prizes that they might
capture.

Su limas RVIIIIIIILIa in proceeding to give

Judgment, premised a few observations, which we
cannot attempt to follow, but which were to the
following purport: his Lordship remarked, that
this was a qnestion of such magnitude and import-
ance, that he should be sorry if it were to rest upon
his decision; but, he-had no doubt, that it would
he fully • considered and determined, in another
place.. It was, however, in the mean • neces-
sary, that he should give his decision upon it here.
Aware that the question was to come before him,
he had given it full consideration; anal although he
was not entirely free from doubt, and some difficulty
had arisen in reconciling the proviso of the Charter
to the general intention of the grant itself; yet he
thought that it carried • clear, intelligible mean-
ing, and that the proviso was intended to restrict
the right of prize in the Company, to such wars es
were necessary far the vindication of their rights and
privileges, without conceding that right to captures
made in wars iit which the Company mite shares in
common with the other subjects of His Majesty.
lie thought, that, considering the immense dis-
tance between India and England, it would have
been hard and unjust to deny the Company the
right of prize tit such wars as might necessarily arise
• in this country, whether with Native or European
powers, and the Company ; because tegreat loss of
time must have occurred before such right and au-
thority could he applied for and obtained, and
therefore the Charter granted that right in hood'.
ties so originating ; hut it had by this proviso re-
se: ved the right of prize to the Crown in all other
cases of war: Atid fur this reason, that, in all such
cases, as in the present war, which began in Eu-
rope, and ettentled to Lltll4, there was stiffic.ent
time, without loss or inconvenience, for the Com-
pany to apply for and obtain letters-of-marque, at
usually granted to the subjects of His Mije-ty, and
without which, as the terms of this proviso were so
won, he could not consider the Company in this
case as a commissioned captor, or as vested with the
right of prize. He therefore adjudged the Barntah
and her cargo to the Crown, as Druits of Admi-
ralty. directing each party to pay its own costs.
The Court gave judgment also on Monday, in
the case of the American ship Jefferson. The Chip
and cargo were ordered to be restored.
The treasure found on board, as the property of
the Philippine Company, was directed to be de-
tained, and to await His Majesty's pleasure.
The property found on board, belonging to Bri-
tish subjects, resident at Canton, iu Chinn, war
condemned. •

As there appeared sufficient ground to warrant
the detention of the ship, each party was ordered
to pay his own costs.

COMMERCIAL INTLLLICENCE.

In consequence of the expected deficiency of the
crop of the present season, the selling price of In-.
digo has risen. The first assortments are at YOO Se.
Rs. per-;.y. Md. We understand '2OO Rs. have been
offered by some Arab Merchants lately arrived, but
were refused.—Of the imports of the Arabs, horses
are no inconsiderable part, bat the disposal of them
at present is not easily effected, and such sales is
are made are usually at low prices. Should the pre-
sent state of commerce in Europe, however, conti-
nue for any time, therecan be little doubt that much
Indigo aid find its way into Russia from Ralsorsk,
by way of the Caspian and the Wolga.
From the unproductive's'', of use present and
the past season, many of the natives who load ingsg-
ed in indigo speculations will lie induced to 'eh:s-
quish them, and in general, the cultivation must he
diminished till sales are more brisk and produaive.
—On tins account it will be au important eissisider.
minis to planters to concentrate their cultivation,
or to cultivate their lands more efficiently, so that
a given quantity of land wail give a Are4ter overage
proritice than in the usual mode of lade:toes s.—To
effect this, perhaps, the rote of advance per hiagah
must be raised, and greater labours itis manury be
employed to raise as abundant a crop as possible.
This sort of precision also must be extended to the
manufacture, in order to produce the finest glislity,
and also to have the esker entire and of a ',riper
site, and not liable to•fall to pieces. These are, no
doubt, proper scirutslicoperitions for all these pur-
poses, which must be atudtrd, in order to inure
future success to this manisfac; are.

From the trade to Spatinsh.Anierica bring now
free, the importations of the fitter kinds of Curacy&
Indigo will have • considerable effect on the sales
of the finer a■soriments from this country, which
will rendrr the greatest attention to preci!,ion in
the cultivation and manufacture necessary.—(}Ja.
arm Gov nument Ga:eue, AVOW 31.)

On Thursday, General STEWART sent his v tl. t
with a draft to DRUMMOND'S, the banker's, at Cha-
ring-cross, for 1401. Oa his return to the General's
house, to Grafton-street, his pocket was picked of
his pocket-book, wit:i bank-notes to that amount.
Su tit ne.—The body of a genteo young wo.nan,
who turns out to be the wife of • tradesman in
Dartmouth-street, Westminster, was found so the
riser, off Chelsea College, on We,inesday inorit'n%.
The uufort omit, woman left her home on Sunday,
exprelmissg her &fermium:oli not to r,turn, and she
was not IWIIII afterwards until picked up by SA-
MUEL, • watermaii.

Accounts have been received from the Bengal
Mission. down to 20th September, I 09. Ca.
ace has been very ill, lint is better; the rest in
their usual health. Thirty-iii,.e prisons, native and
European, have joined their different churcher
since Isst accounts. At Italigrinn. the ... ariis
are able to converse with the natives in the Wt.
guage of Ave, and hold meetings, wit:, a.wc...k,
with all who come to them. The third edition of
The Betsgalee hero Testament in published. The
New Testament, is the lasigiv.ge of Orissa (976
pages svm), and the Bo'k of Psalms, are com-
pleted at mess, and two Missionaries, A rinenisii na-
tives, shown, set nut for that country, one of who n
priasesses consid-nthle talents. The Nei' TCON.
meta, in Shansc,it. is finished at pr a., and as fir
the middle of Exodus. in the Old Teatime's% In
the lliridotsariest and Nlahratia Lingnar, the halt
of the New Trattment i• printed, an I the remain-
der is going forward. The Nl,' re.:alnetlt, iu
Chillier, and ti'e lai.git age of 11.
V.eghn at p.r.a, hot IIII• Lern title e-l.
f.r want of binds, whit h ghlori•ti th,
last remittances, it is now ti seamed. In 1 h: •
and krarnata, the translation is finished in MS. sm.'
tsud.r tee ision.

wants Imputed to the
bokiNer this actiou