The Sun.
London, England, 1822-12-17 00:00:00

VICE-CHANCELLOR'S COURT, DEc. 16.

BLANCHARD v. THE EAST INDIA COMPANY AND OTHERS.
This case.has been frequently before the public, and the
facts have already been disclosed. It will be recollected that
an order has been given by the Court, directing the East India
Company to pay a certain sum to Mr. Baxter to defray the ex-
pense of the passage of 60 Lascars to India, out of funds in the
Company's hands.
Mr. IlonNE now moved, on the part of the plaintiff; that so
much of the order of the Court as directed the payment of the
money to Mr. Baxter by the East India Company for the
passage of the Lasears be discharged ; that it be declared that
111 r. Baxter is entitled to no compensation for sending the Las-
cars
,back to India; and that the defendant be directed to
pay to the plaintiff the sum of 6651. being the amount of
the wages of the Lascars advanced by the plaintiff'. The order of
the Court had been granted under the understanding that it was
the intention of Mr. Baxter to ship the Lascars off imme-
diately for India; but so far from having complied with this un-
dertaking, the Lascars were now in England, and not likely to
sail for several weeks. Mr. Baxter had stated his intention to ship
the men off by the Asia. This vessel had only just arrived in port
to refit, and several weeks must of course elapse before the vessel
was ready to sail. A vessel called the Melpomene had last week
sailed for India, and M r. Baxter had positively refused the plain-
tiff's offer to give the Lascars a passage in that ship. The con-
sequence was, that the men still remained in England, and were
so irritated by the manner in which they had been treated, that
they were in a mutinous state, and Mr. Blanchard was in great
dread lest some injury should be done him by these desperate
men. It was well known what characters these men bore, that
it was their constant practice to carry knives about their per-
sons, and that when once roused their anger was not easily
appeased. It was, then, under these circumstances that
the plaintiff applied to the Court to discharge its order. With
respect to the wages which had been advanced by the plaintiff,
he had been induced to do so in consequence of a very serious
and threatening letter which had been sent to him by Mr.
Clarkson, a very active agent, who had acted on .behalf of these
seamen. This letter was dated the 4th of October, and Mr.
Clarkson there stated his intention to seize the ship Partridge,
sinless seven months' wages were advanced to the seamen.—
On the I9th of October an agreement was drawn up between
the plaintiff and Mr. Baxter, under which the former agreed
to advance the money. The plaintiff' now applied for the re-
payment of this sum, as Mr. Baxter had not chosen to comply
with his undertaking. The Lascars still continued in England,
and the plaintiff would be made liable to pay the wages now
accruing, owing only to Mr. Baxter's non-compliance with his
agreem en t.
The VICE-CIiANCELLOR did not see how he could inter-
fere to compel the repayment of this money to the plaintiff,
because it would he a relief against the agreement entered
into between the parties upon an interlocutory 'motion. The
dispute inter alia respected a sum of ,money-,in the hands of
the East India Company, and he could only supply a certain
sum out of those funds in the hands of the Conipany to defray
the passage of the Lascars. to India. It would be in the
power of the plaintiff to call upon Mr. Baxter by a supple-
mental bill to pay him the expence of the Lascars remaining in
this country.
Mr. HORNE said Mr. Baxter had completely broken his
faith with the parties, and was entitled to no compensation
taken from the funds in the hands of the East India Com-
pany. It was on this ground -he submitted his present motion
to the Court.

Mr. HEALD appeared as Counsel for Mr. Baxter, and'
observed that many of the facts of - the case had been grossly
mis-stated by the other side. The fact was, that Mr. Blanchard
was the only one to blame in the whole transaction. With
respect to the ship Melpomene, it was distinctly proved by the
affidavits that there was no room left in the vessel for the Las-
cars, "and this was the reason why they did not take their
passage in that ship. The plaintiff had answeied the objection
of want of room by saying---".01i, these black fellows (mean-
ing the Lascars) will lie about the deck any where." Was
this proper treatment for men in this inclement season ? and
was Mr. Baxter not right in saying that they should not sail in
that ship ? It would have been the height of barbarity if any
other course had been taken. These men, who had been stig-
matized as little better than murderers by his Learned Friend,
were many of them men of education, and 'could speak-four or
five European languages ; nor did they carry knives about
them as it had been most absurdly imagined. Ile contended
that the order made by the Court was a highly just one, and
ought not to be discharged.
The VICE-CHANCELLOR thought that if the words " with-
out prejudice" were added to the order for the payment of the
money by the East India Company, it would be doing justice
to both parties.
Mr. iloitNE would have no objection to-the money being
paid when the ship was actually ready to sail, and the men on
board. The order might for this purpose be suspended, and
every object would thus be answered.
The VICE-CHANCELLOR then directed that the order for
the payment of the money to Mr. Baxter be suspended, with
liberty to Mr. Baxter to apply by affidavit when the seamen
were on board, and the Asia was ready to sail ; and that- the
payment should be without prejudice to the ultimate rights of
the parties.