The Sun.
London, England, 1809-04-25 00:00:00

.conflagration! .death; and imprisontnent of rela'fietts
to the third and fourth' degree ?,.and will no donbt be
astonished when we inform them, that these Ty-
rolians were soldiers who' defended their country
against a foreign aggression. They were in the act'
of fulfilling 'a twofold- duty,,that of combating fOr
their Sovereign, and that. which was imposed on
them by the particular Constitution of the Tyrol,
which ordained that they Should rise in a body,when
they were threatened by r a hostile invasion. These
men merited, rewards instead of chastisements, and
an enemy really generous would have much sooner
admired than punished them.

',erns confess our obligations, however, to 800-
MAPARTE for confining himielf to inflifling his bar-
barous vengeance on those soldiers who wished to
fight for their Prince and their country—he who
,proceeded to the-exeesa of compelling, by unheard
of cruelties,,iie immediate subjeas of the Emperor,
to bear arms against their master ! It is not a fasle
which we have just recounted ; "It is an incontestible
fait, and known to thousands.

BUONAPARTE had scarcely taken possession of the,
Milanese, before he dragged the peasants from their
ploughs, the manufaCturers from their shops, and
forced them to march at the head of his columns
against the Imperial troops. And what• means did
he employ to make them advance? he planted can-
non in their rear, with orders to.fire on them if they
attempted to 'fly, or refused to proceed ! These if..
fortunate Men.were then sure to be destroyed, either
'by the shot Of their friends, -or by those of their
enemies; and this fah is not taken from the life of
NERO or CALIGULA, but from that of BUONA2ARTE.
T, htcontlnunA)

LAW REPORT.

COURT OF KING's BENCH, Arsii. 24.

TIM city OF LONDON V, TEIE LONDON DOCK CODE.

PANY.

This_ was an a6lion to eidertaln the tight of gaug-
ing all wines, oil, and other gaugeable matters in the
London Docks. The City of London claim that
right exclusively to themselves, by virtue of a.Char-
ter granted to them in the 18th year of the reign 'of
Edward. IV. w hich charter the London Dock Come
patty insist was confined to the City of London,- and
not co-extensive with the scite on which the Lon
don Docks are built. The emoluments derived front
the exercise Of the right Contended for, amount at
the present . time to 70,0001. annually. When the
charter was granted they did not exceed 70001.
The ATTOR N EY-GE NEB AL,WlloooMiLlathl thecause
for the City of London (assisted by Mr. Garrow, the
Recorder, Common Serjeant, -and Messrs. DaMpier
and Watson) addresied the Jury at considerable
length.- He admitted that the Charter granted the
right of gauging all, gaugeable matters ,to the Cop.
put..ttiot) of London within their City, but he would
contend that the words " infra. tivitatem," had re-
ference to the City and its Liberties, and that the
right was not confined within :he walls of the City.
As a proof of that falai the ,Lord Mayor, who was
the City dauger, was obliged to render an account;
upon oath, into the Exchequer, and the form of that
oath was fora moiety of all forfeitures accruing in
the gauging of wine, oil, and other gaugeable mat—
'ters within the City of Londbn and Liberties there-
of. If that point 'was establiShetV'the hest ques-
tion would Ve, whether the London.. Docks were
situated within the Liberties-of the City of London ;
and that they were, he said, could be:proved by in-
ndmerable witnesses. Indeed, the conservancy of
the River Thames, the right of metage, and the
boundaries of the Port of London, were. all Liberties
of the City, and extended over, :and much beyond
the place in question. But he should:also show That
the right contended for had. been uniformlyexer-
cised for upwards 01300 years, on. both aides of the
River, from Blackwall upwards, and that 'the law
and prat!..tice were in his tavour. . • .;!
The documentary evidence was, then read, and 'a
host of witnesses were called to prove that the City
Ganger had .tinifiirmly exercised his right on' both
sides the •RiverThatnes as low as Blackwall, and
near and about the apt in question, for time..lnk,
memorial. •

The defence was condu&ed by Mr. Serjeant
assisted: by MessiPot lc, HoLao Y TY, and Baur:atm'.
The Learned Serjeant in addressing the. Jury, said'.
he had little difficulty to contend against, and, that
it was a mere questimi as td'the constru&ion of
the Charter, that their Lordships and the Jury had
to decide., The , right given Adithe City was, 'to
guage all wine, oil, Sze. within, the City, and if ,the
words of the Charter Conld be construed as ex-
tending to the .city and. its liberties, Iturelyit must
bu those defined liberties of space without the-Bars,
and not a wandering from one extremity of the
River Thameafto the Other.. As the trade and com-
merce of the country increased,' and the quays and
wlusrls within the City of London became too small
for the accommodation, cif the 'Public,_ other quays
and wharfs, were. ereeed on the banks of the
.Tuatnes without the Cityannd;for convenience take.
the City Gauger 'had been employed -by the mer-
chant, not in virtue of the City's right, but at the
option of .the party. In short, the London Docks
were not within the defined liberties of the City of
London,: and, the Company had a right to' empky
their own Gauger, 'without, the least deference to
the City's Charter.

Lord ELIANBOItOt7GII ~agreed that it wfiB a ques-
tion as to the construetion of the words ot the
Chatter, and. he was, of opinion they did not bear
the meaning put upon them by the Plaintiffs, or
that the right was eo-exteubive with the London
Docks. .

The-Jury'found a verdia'for the Defendants, and
City of London lost the ri&ht contended for.
-41 There, were upwards of witnesses in attend-
ance, and the. Court was extremely crowded.

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