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

MOH COURT OF AD3I IRALTY, WEDNESDAY, FEL 8.

[Refer, Lord STOWZT.T..I
LA rETITE VICTOIRM.
The above named vessel, which is a French brig, bound to one
of the West India Islands, encountered a severe gale of wind,
which induced her crew to abandon her. In this state she was
discovered by a number of persons. inhabitants of %Vermouth, who,
finding her derelict, took possession, and brought her into Wey-
mouth harbour. For this service salvage was claimed, which the
master and ostler of the teasel thought proper to dispute, it,gl in
consequence e warrant was issued by the Court of Admiralty to
arrest the vessel until the salvors' claim be investigeted. In pursu-
ance of the warrant, I. A. Yates, the Admiralty messenger at
Weymouth. placed a person, named White, on board the vessel.
and on the lthh of January was proceeding to relieve 11" ice, and
put on board another man, when, as alleged, he was obattacted in
the execution of his duty by Joseph Horford, a Magistrate, and
the Agent of the vessel. and also by the master egld crew of Mould
vessel. I'niler these circumstances,
Dr. Donsox moved the Court for an attachment against Hor-
ford and the master.
JENWEIII admitted that there had been a squabble between
the Admiralty messenger and the ship's crew, but contended that
there was nothing before the Court to justify it in granting the ap-
plication now made.
An affidavit °tide by Mr. Yates, the messenger, was then put in
and rend. It stated that Mr. Horford gave orders to cut the rope
and pull in the plank, thus preventing all connexion between the
shore and the vessel. That the deponent was assailed with most
violent language by the master and crew. They said he was the
representative of robbers, and threatened if he came on board they
would throw him over the ship's Ale. IVhilst standing on the
plank, lie was struck by the master on the breast, and from the
violence of the blow staggered, and was nest falling over. Under
these circumstances he found it impossible to execute his duty, and
withdrew from the vessel.
A responsive affidavit was made by Mr. Horford, in which he
stated that Yates's description of the conduct of the master and
crew was greatly exaggerated. that some robberies had been com-
muted upon the reasel, and that the crew were very reluctant to
permit any person on board. The deponent also stated that he had
interfered and sent for a constable only to prevent ill consquentes,
as the Frenchmen were much irritated. He desired the plank to be
taken in, because he thought if Mr. Yates went on board a breach
of the peace would in all probability be committed. lie further
deposed that he had subsequently taken an opportunity of' explain-
ing to the minter the right of Mr. Yates to come on board the
vessel, and that there was now nothing to prevent Mr. Yams from
executing his duty.
An affidavit from the master (Le Sage) was also reed. It cor-
roborated the affidavit of Mr. Horford in almost every particular.
Other affidavits, from persons stated to be disinterested, were put
in. but it was objected that there had not been time to answer them,
and on this ground the Court ordered the case to stand over.
REGULATIONS RELATING TO SLAVES.

An appeal was made from the Vice-Admiralty Court at Tortola,
under the following circumstances. A person named Hill was the
proprietor of a plantation in the island of Tertola, one of the Virgin
Islands, and he also chanced to be the proprietor of a.plantation in
the neighbouring island of St. John, which is under the dominion
of the King of Denmark. Some time during the year 1823 Mr.
Hill thought proper to transfer eight slaves from his property. in
Tortola to his estate at St. John's, and this circumstance having
camera the knowledge of. a Mr. Richardson, a waiter of his Majes-
ty's Customs, be informed against Mr. Hill. and claimed bounty
money, on the ground that the slaves were subject to condemnation,
having been transferred from his Majesty's dominions. The In.
formation stated that the transfer took place since the Ist of May,
1807, viz. in the year 1823, and that it was contrary to the provi.
'lions of the Acts for the abolition of the slave trade. The case
came on for sentence in the Court below on the 2fith May 1821, and
the Judge decreed the restitution of the slaves who had been
seized to their owner, and condemned the informant in costs. In
giving this judgment the Court observed that the informant claimed
under the 47th of the late King, under which the slaves were not
liable to confiscation, but the Judge observed that if the claim had
been made under the 48th of the late King, nothing could have
saved the owner from a sentence of forfeiture. After this sentence
was pronounced, the informant (Richardson) presented a petition
to the Judge requesting a rehearing, and asserting that his infor.
mation wu really laid under the 46th of (leo. 111, and that he had
never thought of laying it under the 47th. To this petition the
Judge declined to reply, and under those circumstances an appeal
was brought to reverse the judgment of the Court at Tortola. An
account of the proceedings in the Court below having been read,
Lord Stowell observed that he had never heard of such a cue in
the course of his life. A condemnation was prayed for without its
being specified under what particular Act of Parliament the charge
was made. This practice was unfair to two parties—to the prisoner
and to the Court. The door was shut against all information on
the case. The Judge watt stated to have said that he hoped the
tide of eloquence would have flowed in the proper channel, but why
did he not direct it to the proper channel ?
Dr. JENXER appeared for the respondent. He said it was dif-
ficult to know under what precise law the informant had prayed
far the condemnation of the slaves. It was clear, however, that
the information was laid under the 47th of Genree 111. for it ex-
pressly stated, that the act charged took place since the Ist May,
1807, the day when the 47th of George 111, came into operation.
That the confiscation could not have taken place under the Acts of
the 47th was certsin, for that Act related to the importation of
slaves into his Majesty's dominions, and not at all to the transfer
of slaves. There was no charge of a fradulent intention on the
part of Mr. Hill. The slaves were only absent front Tortola for
10 days, and were not employed there as field slaves, but as do.
mestic slaves. Under these circumstances, he submitted the Court
was bound to maintain and confirm the sentence of the Court
below.

Hr. LI,STUNGTOX followed on the game side. flc was glad to
acquaint the Court that its decision as to the spirit of the ACM under
which this case was brought forward, would not affect the practice
in future, as the Slave Trade Consolidation Act, passed in the 6th
of his present Majesty, set the quehtion altogether at rest. Under
that Act slave owners were allowed to transfer their slaves upon
entering into a bond fiar their return. In the present case the slaves
were not taken is (fetich), they had been brought back, and were
found on the Island of Tortola. Now, in the spirit of the 46th of
Geo. 111, the only Act which related to the transfer of slaves, it
was never intended to prevent a slave owner (corn taking attendants
with him from one island to another. The object of the Act was
to prevent slaves from being taken from under the dominion of the
British government, and thus losing the benefit of certain regula-
tions made for their advantage, as well as becoming liable to he
made the subject of illegal traffic. It appeared that of the eight'
slaves transferred by Mr. Hill, not one was a field slave. They
were all domestic slaves. There was a carpenter and three appren-
tices, a house servant, two seamstresses. and their two infant chil-
dren. The carpenter was valued at 1001.; and it was pertectly
clear that no mischief or abnse could have taken place by the
transfer. However well disposed the Court may be, to look with
indulgence on the practice of the courts below, it could never coon.
terbeiance such a violation of the spirit of the law, as to hold that
an Act libelled ondetione Act of Parliament, should be hied by an
Act passed antecedently. The information stated that the crime
charged was contrary to the provisions of the Act or Acts of Par.
liament for the obblition of the slave trade. This could not relate
to the 46th of Geo. 111., for that Act was not an abolition act. i
The Abolition Act.was raised subsequently. Hut presuming the
fifth Geo. 111. to apply, under that Act the present case did not
subject the respondent to a forfeiture, for that Act only related to
field slaves and was never intended to affect the transfer of domestle,
slaves. Under all the circumstances, he contended that the Court,
by affirming the sentence, would prove its regard for law as well as
for the principles of justice.

Sir C appeared for the appellant. He said the case
before the Court was important as regarded the law and the facts,
as it would be extremely convenient to obtain an accurate judgment
as to the law under which the proceedings took place. There could
be no doubt that the practice of transferring slaves from any part of
his :11:tjesty'a possessions to Porto Rico or St. John, which were
under the dominion of foreign sovereigns, was erroneous and full
of mitchiaf. By this practice the slaves were removed from the
operation of those arrangements made by the Jlritieh Governnunt
for the improvement of their condition. They might be treated in
any way their muter thought fit, when removed from under the
operation of the British laws, or they might be sold in direct viola.
non of those laws. To prevent the recurrence of such an evil, Parlia-
ment tin 17th Geo. 34 declared, that any slave an traNsferred became
forfeited, and that a moiety of his value should be paid to the in.
former. 111 r. Hill, against whom he did not mean to charge any
fraudulent intent, had clearly violated the letter and spirit of the
Act. The averments contained in the information rgainst him had
been su'itistituted. Eight negroes belonging to Tortola had be-ea
seen working on his properl,and underhis direction, at St. John't
There could be no doubt that this was repugnant to tire principles
of all the Acts for the abolition of the slave trade. But the Act of
the 4Mlth George 111.. and not of the 47th Chortle 111., was the Act
to which the information particularly alluded. It was idle to con.
tend, that because it was iniperflously inserted hi the information,
"after the lst May, IRK," that an Act passed antecedent was not
applicable. Those words were mere verbiage. The judge had de.
dared, that if the information was drawn under the 4fith George
111, nothing could save the party, but that under the 17th the
Court could not act. This only proved what strange fancies._
they could not he called errors had crept into the practice of the
Vice. Admiralty Courts in tho West Indira. Sometimes there was
a surplusage, sometimes a deficiency of epecification ; but the
Court had always held that considerable allowauce and indulgence
should be given to parties practising in those Courts. His Lard.
ship had often thought proper to accept processes mach more irre-
gular and deficient in specification than the one now before the
Court. It was nothing to say that in this instance the al tees trans-
ferred were domestic slaves and not field slaves. Ontnestic slaves
as well as field sieves were liable to be ill-treated, when they were
removed beyond the jurisdiction of British laws. In conclusion. lie
submitted that the true interpretation of the law would be bolt eon-
aulted by reversing the decree of the Court below, ancedeclaring
that chestier" was entitled to costs.
Dr. DAVIIIIONY was to he heard on the same side, but the
Court adjourned, and the arguments will be resumed on a fu-
ture day.
Lord STOWELL intimated his Mention of taking his place the
next Court-day ot half-pest ten o'clock.

INSOLVENT DEBTORS' COURT, WEDNESDAY, FED. 8.
Richard Cloud, a coach proprietor. at lisnimervmith. made his
second application for relief within five years, which ruhjectc.f him
to an Inquiry for his reason for go doing. He vivid •ttat he irmi
befure this Coutt io the year 42'24, alien the:Court adjudicated