The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-25 00:00:00

THE LATE DISTRESSINO CATASTROPHE

AT BOHERBUOR.

JANUARY 14.
In our last we stated, so far as general reports informed
us, the circumstances of this melaseholy event. Slaw, and
various rumours have since bees in eireulation, some of
which were, that, on the opening of the bodies, a Said mat.
ter was taken from the stonsarbs of bath, whisk ea imaly.
ration, appeared to coatain the resonant of a descriptioa of
narcotic poison, which, however, could nut be exactly de-
!ied, in consequence of a large tomtit), of melted hatter,
anti saline draughts which had bees adusitliorred. Suspicion
fell heavily on the brother of the nouns, who, it was said,
recommended the melted butter on the Arm discovery of the
circumstance; but, as these are only mere rumouis, no re-
tinue* should he placed on them. The Inquest sat instil
Tuesday, Wednesday, and yesterday—and this isiornieg re-
turned their Verdicts, which are as follow :

Verdict—I' We lind that the said Mary Collnpy wan
found dead in her dwelling hawse, i■ she suburbs of the said
city, on the 10th day of January, instaot, and that her
death happened in a mtilen manner, but we hive no posi-
tive evidence to enable us to aceetaia whether her death was
occasioned by poison or by suffocation.
We Gold, that the mid Patrick Collins was found deed
is the dwellischuuse of Mary Canopy, and his death bap-
peoed in a puihlen manner; but we have no positive evi-
dence to enable us to ascertain whether his death was occa-
sioned by poison or by surucatioa."
The depositions area great extent—but as their publics.
tins. might probably involve some very mimes conaideratioa,
it has bees thought prudent to suppress them. Four pro-
fessionsi scepticism., of great ability were examined—we are
convioced they have discharged their duty with ►onour old
satisfaction to themselves.

At the late visit of the Duke of Gt.oucKsaan
to the Earl and Countess of CovENTRY at Crouse
Court, his Royal Highness visited the china.tuariu-
factories and inspected the processes, when his
Royal Rigliners ordered a service at CHAMBER-
LAIN'S manufactory, which was yesterdiy exhi-
bited at thei► warehouse in Cloud-street. to • num-
ber of the nobility ai.d persons of distinction.

The Ambassador of the Netherlands entertains a
party of distinction this day, at his residence,
Whiteliall..plece.
Lard FOLEY is arrived at his house in Hamilton-
place. foam his seat in Worcestershire.
.. . _

. -
The Hon. General BLIGII lass left his house in
Chesterfield street. Maysfair. on a visit to the Earl
of WINCHILSBA, at his seat, Burley. Oakhans.
Rut lanalsinte.

Mr. Wit.t.t A ms. a new candidate for theatrical
fame, will shortly make his debat, at Co•ent•gardeu
Theatre. in the character of Henry Bererone.
Mr. Wang. the celebrated singer. has made a
saccessful professional tour through Worcester,
Wolverhampton, &e. and is now performing ut
Gloucester with like success.

Mr. Cossets wits arrested yesterday, at the
suit of Mr. CLEARY, io II SIMI of 400/. fur which
lie give bail. We understand that the arrest wee
upon • fiat granted by the Chief Justice of the
Court of King's Hooch.
It is ascertained by the books at the Custom-
house, that in the )ear ending the 51h of January
lost, the enormous quantity of 46,799.369 bushels
of foreign corn and grain were imported duty.free.
Wednesday is Lord BARRINGTON'S carriage was
coming down the bank. towards the New Bridge,
near Durham, the carriage come too fast 'spots the
horses, and isapelkd theta precipitately down the
hill end over the railing upon the beaks adjoining
the river Wier, the coachman. not being able to
atop the horses till they came within • few yards of
the river; fortisuairly. however, he succeeded in
pulling them up, cud by good luck or good um-
ssagement the Carriage was not overturned. The
Hou. W. K. BAILIUX6TPS sod 64 two sisters were
is arria;e.

LAW INTELLIGINCC
COURT OF CNANCF.RY, Wyeris
Mosiomr, hItUART

This b«ing the first day of Hilary Term, the
LORD CHANCELLOR, Srestnpaoird by their Ho-
nnurs the ....111Awrito. of the ROLLS Rod the VICR.
CHANCILLOIL, dressed in their state robes, took
his rent ou the bench at nue o'clock,

OPERA HOUSE.
WATIMS U. TAYLOR.
The ATTORNLY-GIMERAL we% about to make
a motion in this loug.litigeted title, for the Plain-
tiff, when he postponed it at the request of Mr.
FICALD, Counsel fur the Defendant, until Thurs.
day se'tinight.
The remainder of the day was ocesipieil with
motions of nu interest except to the parties con-
cerned.

COURT OF KING'S BENCH, Kmlemma,
MONDAY, JAJV&*Y 21.

Term commenced this day. The Jadges did
not take their seats on the bench loofa near two
o'clock.

CAPTERE OF SLAVES.
MADMAIGO V. WII.I.LS.

Mr. Jecvts moved, on the part of the Defend-
ant, for • ride to chew cause why ■ sum of 18,11001.
should not be struck out of • verdict given for the
Plaintiff in this case. The verdict awarded the
Plaintiff a sum of 18,0001. as cooper's's " for a
cargo of slaves, and 3.188/. for the loss he sustained
by the detention of his vessel mail cargo. The
Learned Counsel stated, that the Plaintiff was a
Spanish merchant, whose vessel was seized by the
Defendant, Captain Willes. on the 17th January
1818. under the idea that she had been engaged in
acts of piracy. This idea was not, however, alit..
mutely adopted. The question lie meant to raise
stow was not whether the Plaintiff was entitled to
compensation for the detention and deterioration of
his ship. for to that amount he agreed he had a
tight to recover, but whether the Plaintiff was en-
titled to recover, in • British Court of Justice,
for it cargo which was prohibited by British law.
On the trial, the Learned Judge reserved fur the
Defendant leave to apply to the Court to set aside
the amount awarded for olives, and to enter up the
verdict for 3,1801. In pussuance of this reserved
permission. he now applied to have the 18,000/. set
aside, and lie did so on the construction of the
Acts passed fur the abolition of the Slave Trade.
He would justify his application on the provisions
of the three Acts passed by the Legislature. The
first was the statue of the 4 7tkof the King. c. 36;
the second was the Slat of the King. c. ; and
the third was the 58th of the King, c. 36. By she
first of these statutes the Slave Trade was abolish-
ed—it recited that by Resolutions passed iii both
Houses of Parliament on the 10th and 24th of
June, 1806, this abolition should take place with
all practicable dispatch. It utterly abolished the
trade. sad 'prohibited it as unlawful to all British
subjects, whom it interdicted from either directly
or indirectly having any connexion with or partici-
'ration in any barter, transfer, or other dealings is
the Slave Trade; and fur the violation. • penalty
of 1001. was inflicted. The Act of Parliament
was general, and the prohibition complete.
Mr. Justice 13.41f1.13Y—" But it could not
affect foreigner', who were not acting within the
British domiiiions."

•
Mr. Jeavis replied, that be knew that; but the
question here was, whether a foreigner could, as the
law now stood. be heard in a British Court of Law,
to recover damages fora loss sustained in this prohi-
bited trade. The second Art to which he referred
(the Slat of the King, c. 23), was enacted for the
purpose of rendering more effectual the provisions
of the preceding Act of the 47111 of the King, acid
fur visiting more severely the continuance of a trade
which it described as being " contrary to the prin.
ciples of justice, humanity, and sound policy."
Mr. Justice Barr Are you aware of the case
of the Foresees 9 It is in Dr. Dodsose's Report,.
and was decided since these Acts were passed.' It
was the case of a Swedish vts.el which was cap-
tared shortly before Sweden became • party to the
Acts for the abolition of the Slave Trade. At
least the decision took place in Doctors' Commons,
before the accession of the Swedish Goverometit
to the Treaty, was known there. The question was,
whether the Swedish ship was a lawful capture ?"
Mr. JERVIS replied, that his attention hod sot
been called to that case. Here lie admitted the
detention of the Plaintiff's ship by Captain Wills'
to be unlawful, and also his right to recover for
her detention. The question he meant to raise
was, whether he had a right to recover the value of
a cargo not only not recognised, hut, its the
strongest terms, prohibited by law ! It was a ques-
tion or the greatest magnitude, whether, after the
Legislature had so strongly resolved upon the ille-
gality of the Slave Trade, a foreigner could come
into a British Court and receive reparation for ao
injury lie received in the loss of slaves, in carrying
on the prohibited trade?
Mr. Justice DATUM-1' Would not that go to
the action—whether the vessel was or was not re-
strained from carrying on the trade ?"
Mr. Justice Barr--N If the capture be not au-
thorized by the Law of Nations, then that capture
is illegal."
Mr. Jeavta then proceeded to recite the prowls
sloes of the statute of the 58th of the King, c. 36.
That was enacted for the purpose of carrying into
fall execution the Treaty made with the Kiug of
Spain, on the 20th May, 1818. It was for the
Spanish Abolitiossof the Trade after the 90th May,
1820. This Treatyv it ought to be remembered,
was first signed at Madrid, on the 29d September,
1817, our before this vessel was moldered. It in-
terdtctrd Spanish subjects from penning the (rode,
and gave five months foi the cleating of all vessels
at that time actually embarked is the traffic. By
the 4th section of the last Treaty, the Government
of England gave the Government of Spoiu a sum
of lour hundred thousand pouch* as compensa-
tion for the losses the subjects of the latter Power
might sustain by the abolition. The money had
beast land, sad be submitted •that it ineloslrd
the claims which any Spanish subject- might liege
up to the period of the ratificatiolt of the Tmoty.
Flo thought the payment of such $ subsidy was
intended ea a compensation is full for all demaigassi
which might have bens sustained by ships engsged
in suds s trolls.. ibis woo made still clears. by

.

the 19th section of the Treaty, which itiptiThtril ti e
means which were• to be adopted for the •bnlttsan
of the trade, alierrio it was agreed that all claim*
for remedy for damages suittaiord by vessels so
trading were to be petit. d by the respective 0.-
vet 00000 rots. By the I ith aectian,, It acpeared
that the subsidy of 400.000/. might be plestted as
a full and complete h.sr tautly prcciterlingsorhith
alight he instituted frr recovery of iltuw.irks
sustained from interruption its tr.if e. He
reminded their Lordships that the capture No k
place alter the ratifiromin seal exchange of the
Treaty, lie might have moved foe setting morte
the verdict nu the groui:d of exiefblVe damages, as
18,0001. were a sum excessive. nr his npiniou,, for .‘
cargo of sickly and iseglecied slaver, the half at
whom had OM eh/wee of reaching the liras/nem
alive. fie hail, however, preferred to muse II e,
Court upon the 'superior groui.ll set up by ttu
Chief Justice himself. uarurlv, whether a fratigiier
could he suffered to arliairr riamsges for a low ii• 4
traffic. which, if committed by a British sith;ers.
would be visited with prtssltirs. end which bid twin
declared by a British law to be contrary to justice,
humanity, and snood poi ••y.
Their Lorriallips consulted for a few ininu!..•.
WI then

The CHIEF JUITIce said, that upon Nether
consideration of the circumstances of the ea.e, it,
hewn% twine strictly examined the Art, 59th of the
king, chop. 36. he could not see mahout-id ground
for setting nestle the verdict. Frosts the very ex-
tensive language reed in that Act, be had. been at
first led to suppose that it would be impossible for
a foreigner to recover damage* for losses sustained
in a traffic which was illegal mud prohibited to B
subjects. Fur that reason he had directed the
Jury to tolerate iu their vrrd:ct she loss done to
the vessel and her stores by seizore and detention
Born the amount which they chose to stared for the
dentine' of the slaver. It teemed to him at the
time, that however justly the Defendant might hr
fined fur detainiog on the coast. and afterwards
sending the I of the Phinitiff to Jamaire, sera
which were certainly not to be dell-wird, even if he
were right iii ilisasissiiig the cargo, as it war tint
business to ihi so without delay, yet that no Phi. -
tiff could wider any circumstances recover tit.
ntages for the in,. of blares taken from hon.
But large and extensive as were the words of
the Act in que-bon, he was now coovinced th it
they could only apply to Ijrirrah subj• eta, nod
that Spaniards, nor persons of any other i-
tiou, not acknowledgilig the 'lime prier ipl-1
respecting the slave traffic. could Hot br i•i
any way 111Feced by them. By the 58th of
King, it appeared that a Treaty had been alined
between this cousitry mid SI/11111, the prisicevil es').
itct cif which was Ilse proltibitioii of the Slave 'Etude.
This Act stipulated the milliner ol ea, rcing the
prohibition. Particular Courts were to he er•cii it
for the adjudication of such cases us might arise out
of the circumstances ottertiliiig the proliabilio!:.
This teemed to *hew, that if no such Lour! Ira
been set up, then 'here would hate h. en aii
action fur damages against persona ileterreepti:,4
another in the exercise of that trade. But
10th section of the Treaty awed, that the sum
of 400,0004 should be taken by the Spews,'
Government, as a full compensatii•ss for u!t
losses obeli may he tiu-taiiied by Simi's!, subjects
is, the regular prohibition of the traffic. And
in another section, it was declared, that the ,bore
sum might be pleaded as a lull and complete li,r
to roc proceedings which should be institutes,.
&c. Now it seemed as if it would hate luau us--
leas in the Legislature to establish a bor if no ac..
lion could lie. The 11th section of the Tres,y
admitted the right of the L'rize Courts and o,r
Admiralty Courts to decide upon questions alit, n
brought the Slave Trade under their consideration.
sad they were directed to go on in their foemee
jurisdiction to ereforce judgineot ; hut the pr. ere a
were not to go to the claimant, but the Haititri
Government, because the ilritisti e..,•savra sssss rot had
already paid this Spauisli Goverootiviii 400,00 a us
a cosupturation in full fur all tusk chime. It a;..
peered to he Loidship, that, as the verdict count
nut be set aside oil --It general glounal which had
been raiatd by hits own doubt.. neither could it
be altered from any complaint of excessive de-
wages, as there were ist arly 300 14arra rd.-used
from on board, and the mate of the vessel had been
sew ou shore, and thus reasained with property
for the purchase of two hunched more, the woe
of which properly had been lost to the Plain-
tiff by the Defeadaut's conduct.
Air. Justice BAYLEY took it for granted that the
Courts must be open to claims fur justice by all fo-
reigurrabelonging to nations iu w 'oh us, and it
was nu answer to such claims to say that a British
subject could not recover damage, snider the sane
circumstances. They were to consider the party lit
Iris character of a foreigner, and then say whether
as a foreigner, acting according to the laws of his
country, he might out recover dens:ages fur any in.
jury clone to him by • British subject. The !sus
gunge of the Act could only apply to subjects
of the realm wherein it was tilacted. It the
Plaintiff had been interrupted is. guy act
which was contrary to the law of nations, lie
would have no remedy. But the 58th of the
King did not declare the slave trade to be vim.
trary to the law of nations. It doll out appear by
Guy thing iw that Act, that the slave traffic was
thing ma/ant per se. it as. only there considered Its
shalom proki6ittnit. It would be .orange justice
in-
deed to refuse damage* for a wroligfill act, because
it was exercised its ',meridiem of some other act
which it was not legal fur British subjects to
commit. As a Spaniard, the Plaintiff vs* cow-
:witting, a legal act, and he was entitled to his
rested, in the way of daistagns firms any pet.,
focus who should interrupt him. The Act gave
the compensation to be doled out by the §pass.sh
Monarch among those of Isis subject's who should
sustain injury. This compeosasitor might be
pleaded in bar of proceedings, and this of itself
proved the right of action.
Mr. Justice !thyme!) regretted that such ts.
usages should be recovered ma such a claim. but
_could yet see WWI* iu the copotructiois of the
68th of the Kings which. -gave Grills, sob:.-cis the
.power of tojurisig with tatipuisity Spawned' who
_were doing uothissg beyond abet the Ise. of their
own couttily allowed them to do. The rule Ansi
mow be refused.
Mr. Justice Bear could oot but feel prouthlisig