The Sun.
London, England, 1838-12-10 00:00:00

VICE-CHANCERY.-(THIS DAY•)

PICKFORD V. SKEWS.
Mr.Jacon, with whom-was Mr. BETHEL, moved in this case
for the discharge of an attachment issued against the defendant
for want of appearance, on the ground that the subpeena
had
not been regularly served. The bill was filed by the plaintiff
as the patentee of the Miners Patent Safety Fuse,
g.t
purpose of blasting rocks and mines, for an injunction
the defendant to restrain him from infringing the plalntlfr:
patent.. That injunction was granted, but the defendant be
be
having appeared on the bill, th-x attachment now sought
discharged was issued against him. oli-
Mr. KNIGHT BRUCE, and Mr. ROUPEL opposed the aP.
cation. for
am e

Hit HONOUR granted the motion.
Mr. JACOB then proceeded to move to dissolve the injunc-
tion, and was addressing the Court when our Reporter left.

ROLLS' COURT.-(THIS DAY•)

SAWARD V. M'DONNELL.
This case was part heard on Saturday. of
The suit was instituted to obtain payment of a legacy
1,000 guineas. The first question raised was, what part portw"
of the property of the testator was charged with the legacY
'
and, secondly, whether the legacy was payable immediately, 19
ought to be postponed until the death of the husband of tool-
trix, Col. Pearce.
Mr. KINDERSLEY and Mr. CAMPBELL were this morning
heard on behalf of the defendants.

ABSENCE OF COUNSEL.
The above case was ordered to stand over till to-morrolv,if.
Mr. PEMBERTON'S reply, who is engaged at the Privy Coup
CLOSE U. WILBERFORCE,
On the like account, and for the like purpose, was ordered

to stand over.
The remaining cases in the paper were then called, tiff.and r.
Pemberton being engaged in most of them for the plainA
and his Juniors not being in Court, his Lordship was oblige"'
to rise at one o'clock.
His LORDAIIP stated, that if he had not granted the indul-
fence of aile.wing the two first cases to stand over for iv,ir•
Pemberton's reply, he should have struck all the other cases
O°
(in which Counel did not appear) out of the paper. It
the duty of Junior Counsel to be present, and ready to go n
with a cause, in case their leaders, from some unforeseen cir-
cumstance, were not able to attend.

ONVOI-5aJ.M..118MM,12.1i~14.•
]EXCHEQUER COURT-(THIS DAY•)

ROGERS V. PHILLIPS—.SLANDER.
Mr. ERLE stated this case to the Jury. The plaintiff viss..,,"a
lab ,urr in the employment of Messrs. Peters, extensive dye :
c
They owed much flour in that business, and had formerly been
owed
frequently robbed by their servants of that article. Ia JIIA
last the plaintiff and defendant had a quarrel, when the
fendant imputed to him that he was guilty of the same offalce.;
There were many persons pi esent, and the plaintiff felt that I
was impossible that his masters could retain him in their etn:
ploy unless he cleared his character or had a retractation of Of
calumny. That had never been offered, and the plaintiff
uo!i
1:
came before a Jur) in order to challenge the fullest inclit
into his character.

The Counsel then proceeded to call witnesses. to
Mr. PLATT, contra, ridiculed the bringing of such actioosea
this ; and, if the Juryeountenanced them, they might as „).0
shut up their shops, for the cause list would extend. "7,0
Guildhall to Hyde-park-corner, if one part of the profess" a 0
were enabled to obtain costs in such frivolous actions. It a
easy to see what was the state of the case—there had been a.
quarrel between the children, then one between the ladiel
which led to the one in question. But see what witnesses IA t
Recoil"
been selected—not those who could give the best
of the beginning of the affair, but those who lived at a distal.;
and who knew nothing of the origin of the quarrel. the
trusted the Jury would scout such an action, and disappol°'"
attorney. er
Mr. Justice COLTMAN said the verdict must be If,,
the plaintiff. Such an attack upon his character WI:
likely to produce injury to him if not vindicatet_t_
They found, however, that the plaintiff was still in:the siTe
employment as he was at the time the words
d Wed
the
used, and as he had now come before a Jury, and efer:he
ant had not attempted to justify what he said, pably
0,
plaintiff would not suffer much. The question of dattogerii.
however, was one peculiarly for the consideration of the J:
The Jury almost immediately returned a verdict for th
fendant—Damages, Is.

COMMON PLEAS.-(THIS DA

sr,)

DR PINNA V. CARROLL, KNT.—THE " AGE" NEWSPAr!IRciIe,
This was an action brought against the Sheriff of Mi
sex fora false return, The plaintiff, it appeared, had News,
due e fiddle',
due to him from certain of the proprietors of the Age that-
paper. A writ was issued to the Sheriff, who returned
It
there was no property on interest on which he could lelY.,
was contended that a fraudulent assignment had taken P,l-bi
to an attorney, in order to protect the property from the ueof
in question. It seems that Mr. Westmacott was propriefor a
the paper from 1831. In 1835 Captain Polhill purchs4ev
ti
for upwards of 3,000/., eight-sixteenth shares. Mr. Westmf
cott ceased to be proprietor in Feb., 1838. When Capt. P°l/?,01..
purchased the shares there was an assignment of all ho jig
terest therein. to a Mr. Friswell, an attorney. The pYliao
had a demand for 8001. against Captain Polhill, and his
now was, that the transfer to Friswell was only co!ourab'
and therefore that the return of the Sheriff was not true. I
Ta*"
Sergeant Wilde was for the plaintiff—Sergeant
and Mr. Crowther for defendant.
.0 that

From the evidence of Mr. Westmacott it appears bis
Capt. Polhill had received, for nine months, in 1837, aa a t
th
share of the profits arisilig- from the Age, 4301., and
at the time of the execution, his dividends must nearly bol.l:e.'
amounted to 9001. The value of the type, machinery, 'as
called the " plant " of the newapaper establishment, *5
about 1,000/.
The debt to plaintiff was due from Captain Polhill, as °n era
the Committee of Management of Drur- Lane, for an °Pte a.
be
y
written by plaintiff. The action, though nominally against
Sheriff, was really against Mr Friswell, for whom that
SPrgeant TAISOURD addressed the Jury, conteno,-r ans.
the assignment to Mr. Friswell was quite a fair and open tricno
action ; and in respect of bone fide debt due to hi°
(job'
plaintiff in regard to costs, notice of the transfer had been of
given to every person then interested ; there was nnthilitot
concealment in the transaction, though certainly it en% die
be expected that he should publish by advertisement to
world that he had made such assignment.
- %

14-
NING THE NAVY.

"j THE RIGHT HON. LORD MELBOURNE.
Merehistoun Hall, Horn Dean, April 27, 1838.
the I LORD,-The accompanying letter was written to
ago yresent Lord Spenser (then, Lord Althorp) some years
of His Lordship was tn,:ich pleased with the generality
my observations, but was averse to put himself forward
4,ol,ee..subject.
44; to forward it for your Lordship's consideration,
4'l6_ I trust you will give it a patient perusal. Other
Zs are making such exertions to improve their navies,
..pe establish
44t1
a systematic plan of manning them, that it
'tro ars to me absolutely necessary that this country should
innething if we are to retain the dominion of the seas.
pra`tegistering the seamen has been lately brought into
Ar lee, but to do good it must be carried further.
ov our Lordship will observe that my object is to oblige
pel,Y boy who follows the sea to serve an apprenticeship in
host;3,el of war ; by so doing, at the commencement of
Cxerl!ties you would man the fleet with experienced and
yolltZsed seamen, who, having served in the navy in their
Allich Would not have the same aversion to the servicde
1,110 thei majority of merchant seamen now have, an
wneo pressed into the service, would be totally un-
-etplined.
ty,rn here would no doubt be considerable 'difficulty in car-
oo. if such a measure, because it would appear to encroach
to thu:e liberty of the ,sub.i?.:et in peace ; but it, only amounts
her's, that the country being desirous of obtaining thef
0„' seamen in the world, have decided that, instead o
j 3 serving all their apprenticeship in the merchant ser-
a
stop Part should be served in a ship-of-war. The first
pre tcewards carrying the whole measure would be by ap-
Poor,:ht*ei')g in merchant ships all boys brought up in the
eouijuscs, and then transferring them to the navy. There
Pubii„"e 110 hardship in this. They are brought up at the
ses,le:" exPense, and the public surely have a right to their
ss,..es fora given time, and they would make as good
iteritices as any other boys.
""
,„ge 2d and 3d of Anne, cap. 6, and the 4th of Anne,
p.
ts,4B, entitled " An Act for the Encouragement and in-
tor of Seamen, and for the better and speedier manning
alajesty's Fleet," is an excellent foundation for what
rert°l3"e to your Lordship. By that Act masters of
ehant ships are obliged to take parish children at the
If thirteen. lam notg aware that it has been repealed,
I a PresUme that the guardians have now the power ; butaml' no means aware bow it is to be put in force.
0"
shy
ould propose to your Lordship to amend that Act,
, 0 bl' ige the parish boys to go to a ship• of-war, after
,
ti..°lllg served a stated time in the merchant service ; and
‘° Poor Law Commissioners should be authorised to ap-
prentice
them out ; and if that is begun at once, in a few
years there will be no want of seamen.
15 It would be necessary to have receiving ships at the
4rineipal ports, and to these ships the guardians of the
t,frerent Unions should send the boys, and as vacancies
lok place in the merchant vessels, they should be bound
PPrentices. This would not only relieve the Unions, but
would make useful members of society of boys at pre-
*tent we do not know what to do with, and be the first step
o manning the navy without impressment.
Severali of the other plans I propose can be accom-
"slt ped by the Government without going to Parliament.
has always appeared to me extraordinary that differ-
ent Governments, who must know the difficulty of manning
t:l7 fleet in the event of war, have not, during a long peace,
''en any step to do them away.
tip~he
g to assure your Lordship that I have no other m-
a: In addressing the Prime Minister of this country than
tei9nsiderable anxiety for its safety, which I conscientiously
leve Will be it: imminent danger in the event of war.
I have the honour to remain,
Your Lordship's obedient servant,
CHAS. NAPIER.
TO

present should be liable to serve the King ten years: in the
event Of War.
- •

All apprentices actually embarked, after completing
their time in the merchant service, should he obliged. to
NA-Ve one year in the King's service before they could be
received as seamen in any merchant ship ; and they should
be liable to stave the King nine years in the event of gar.
4th. All boys now entering the merchant service should
serve four years' apprenticeship in a merchant vessel and
three years in the Navy, before they could be registered
seamen, and received in a merchant ship ; and they should
be liable to serve the King for seven years in war.
sth. A bounty should be given to the seaman when
called upon equal to what is given to the sailor and marine
6th. Should a seaman re-enter for five years, he should re-
ceive another bounty ; his pay should be increased one-
fourth, and at the expiration of that time he should have a
pension of 9d. a-day.
7th. Should he enter for five years longer he should have
another bounty, and his pay be increased one-third his
original pay, and he should then be entitled to a pension
of a shilling a-day.
Bth. When serving abroad he should receive part of his
pay, and be allowed to go on shore and spend it.
9th. No man should be allowed to ply as a waterman, or
use the sea in any way who had not served his time in the
Navy.
10th. No man should be allowed to command a
coasting-vessel who had not served his time. It
would not do to carry that system to merchant-
ships in foreign trade, because they require more
education, and a superior class of men are necessary to com-
mand them, but they should be obliged to find a substitute.
11 th. Preference should be given in all the dock-yards,
to artificers who have served their time in the navy—this
would include sail-makers, rope-makers, riggers, and police-
men, B,:e.

12th. All the maritime districts should be exempted
from the militia, and their quota drawn for the navy ; and
when the militia was called out, they should march to the
seaport towns, and be put on board their respective ships
immediately, no imprisonment in tenders or guard-ships
should be allowed, which would at once disgust them with

the service. This arrangement would amply supply lands-
men, but as the militia are not obliged to serve abroad, it
would be necessary by some bounty or other regulation to
make up for that difference, though I believe, generally
speaking, the sea service would be preferred, particularly if
the horrid system of confinement is never again resorted to ;
the same advantages should be held out to these men for
their services, as to the seamen.
13th. The pay of the first class petty officer should be
double the seamen's, the second class, one-half more.

14th. The warrant officers' widows pensions (which
never ought to have been reduced), ought to be restored.
I shall now state to your Lordship the regulations, rela-
tive to regulating seamen, which I proposed to Lord Mel-
ville, ❑nder the signature of a Post Captain, shortly after
the conclusion of the war, and without which, I fear it would
be impossible to suppress the present mode of impressment.
Ist. Appoint in all the sea-ports of the United Kingdom
Naval officers as Captains of the port, to register the sea-
men sailing out of them, and make them all liable to serve
a certain time in the Navy when required.
2d. Fix the number of seamen and apprentices for each
merchant ship, according to her tonnage, and let the pro-
portion be large in time of peace.
3d. Prohibit masters of merchant-ships embarking sea-
men without a copy of their Register, describing them, &c.,
and which, by way of security, should be kept by the master.
4th. Each merchant-ship to have a certificate from the
Captain of the port, of the number of men embarked, and
none to be shipped afterwards.
sth. In order to avoid confusion, and to insure the sea-
men returning to the port from whence they sailed, they
should be engaged to complete the voyage, and half their
pay kept in hand till completed.
6th. Should a seaman die or desert, a certificate should
be obtained from the Captain of the port (or, if in Foreign
port, from the Consul) at which such death or desertion took
place ; or if the death happened at sea, the first port
touched at afterwards ; and the register given up, together
with his pay, to be immediately remitted to the Captain of
the port from whence the vessel sailed. Should he have
died, the money should be, of course, given to his friends,
but should he have deserted, to Greenwich Hospital.
7th. Should a seaman insist on his discharge before com-
pleting his voyage, his register should be given up in pre-
sence of the Captain of the port, or Consul if at a foreign
port, who should certify the same in his articles, and any
other ship that was not complete should be at liberty to
embark him, receiving a proper certificate of embarkation.
The Captain of the port should investigate the case, and if
the seaman had been ill-treated, his whole pay should be
given.
7th. But if, on the contrary, half should be forfeited to
the owners.

THE RIGHT HON. LORD ALTHORP.
Rowlands Castle, May 1829.
tektie Lord,—l conclude, by the remarks your Lordship
leAte On the subject of impressment when the Naval Esti-
teed a were before the House, it is a subject that has occu-
at ,„Y°llr attention, and that you are no friend to a measure
eoeremee disgraceful to a free country, injurious to its com-
thillite; and cruel and unjust in its execution. I do not
ao 41..4 can entirely be suppressed, but I believe it may be
A,rh modified as to deprive it of its worst features.
eett,:,' countries, with the exception of America, resort to a
or tr degree ofcornpulsionto provide seamen forthe defence
State. No country, however, but England, employs
tiftli'lelent and cruel measure of impressment, the execu-
ters 13Which being entrusted to so many different charac-
41wa'r ~.4.lllunin more oppressive than the Legislature are
ele "4. France, the next great maritime Power to our-
raae enlPloys compulsion ; but it is done in so regular a
cope uer, that there is really no great hardship in it, and no
eliettrlnce of force whatever. In that country every mer-
at,ad bfts,,"iP is obliged to embark a certain number of seamen
"Itate j 8 ; and they all know full well that they owe the
mans a certain servitude ; and, indeed, no man can coin-
Alltha merchant ship who has not served in the navy.
at tit..oBe men are registered by the Commissary of Marine
are different sea-ports, and before a ship sails the crew
toje'nstered by him, and the Captain furnished with his
sj•d'e9nipage ; and he cannot afterwards either enter
kueeilsebarge a man without his knowledge ; they also
are
evse their wages before him, and all complaints
the i'aenined into on the spot. When men are wanted for
etefte,'nts' service, all those who have never served, or
tnvoet
ehipt'sicted their time, are discharged from their respective
ito
the ' their passports given them, and they are ordered
tit tfearest naval station. This is impressment in every sense
are e word, but it is a milder way of doing it—these men
fteftT4 hunted by press-gangs, and torn from their ships and
;hi' 'ea like felons ; they are simply discharged from their
the 8' and as it is impossible to find employment in others,
re Y very contentedly go where they are ordered. If they.
treAtett!lon shore, they run the risk of being found out, and
our" as deserters, which is not one bit more severe than
neialstern ; for if a pressed man deserts, he is just as
to a t° Punishment as if he entered. I shall now point out
ts4eur Lordship our system, on the first breaking out of
me>i,4ncl When it is decided to grant press-warrants. The
etteer
of 'war fit for sea are ordered to proceed in the tracts
kee-ft "ur homeward-bound ships and lay violent hands on all
ebi fit for service, leaving ; bare sufficiency to tike the
140;;Itita Port : many of these men are returning from. long
4aTetes, in hopes of seeing their wives and families, and
.
eed-ng with them their hard-earned wages. Some Captains
keseaveur to get notes for their pay, which the generality o
dethiters are very unwilling to give, and some make as many
eliet;etinns as they can, well knowing that there is little
eith,:e of hearing of them hereafter ; other Captains are
teen- too thoughtless, or too impatient to wait for settle-
-44,64, or a strange sail may heave in sight, which they are
tsuanns to chase ; and the men are hurried away, and must
is ktiit° chance to receive their wages hereafter. When the ship
the 411 a comes into port, completes her own crew, and turns
Pat over to the flag-ship, from whence they are drafted
)41.Zerent ships, and sent off to the East, West Indies,
)411 tnterranean, or wherever they may be wanted ; those
Je,e(/ received notes for their wages dispose of them to the
a.,it"ha for half their value, and those who were hurried away
°nt settlements, leave their wives and families to starve.
the,,,°,4 are made of rough materials, it is true, but still
"ave some feeling , and their families still more ; and your
net "IP can easily conceive how these feelings must be
the raged by such shameful treatment. On the arrival of
ma merchant ship in port, most of the remaining men
*e their escape to avoid the press-gang, leaving their
es '
,es behind ; those that remain, if good for anything,
take nurried on board the tender, and the vessel is left to be
An care of by the master, mate, and apprentices.
`lll this, I have no doubt, will appear very hard to your
11112:1,t(!shiP, but it is nothing to be compared to what takes
Th, ,n the seaports on the first issuing out press-warrants.
„-• i
a general sweep of everybody is made—seamen,
itiai
4:(n.en, tradesmen, &c., it matters not, all are hurried
centninatelY on board the tender, and confined like
114,-Lea in the press-room. If a e ife wants to get rid of her
Ares and, a father of his son, or a son of his father, the
ttf' gang are always at hand to accomplish it. The men
se °l' service are packed off as fast as possible to the diffe-
fs:t Ports, to preclude the possibility of obtaining their
of ejil°111; and nothing but an Admiralty order, or a writ
Pre26,ens corpus, can release them. The more
and no
kiCen by the gang, the more credit they get ; an
the, ~Ping slaves on the coast of Guinea, is more infamous
iiitonersystem followed in the seaports of England.
Stud: `e to our Legislature appear to have very little
of the
the subject, and have been satisfied with the opinion
le naval men in office, who found the system worked
and saved them an infinity of trouble ; and as they
base never been hard pressed on the subject, no attempt
a yet been made to change it. At
tiv the conclusion of the war a pension of 9d. a day was
to " t° seamen who had served 14 years, and a shilling
athhe_se who had completed a service of 21 years. After
libee°lrt time the Government found they had been too
aboii4,l,' and the pension of 9d. a day for 14 years was
Tced• The shilling for 21 years' service still exists.
tkin ere can be no doubt that men who have served a cer-
terii number of years in the navy will come forward volun-
3'ea,rg t° complete their services ; but the pension, after 21
aft,;' will have no effect in inducing youths to enter the
eal°Ulhe time is much too distant to enter into their
far fti;ations ; they are much too thoughtless to look so
ehaad' particularly in war, when the pay of the mer-
/t ilt is so much higher than the King's.
alialiaving Pointed out the evi!s of our present system, I
applied Proceed to show the remedies that ought to be
cartce' and which I do not think would be very difficult to
`nt° effect.
vt • All the seamen and apprentices should be registered
21;te from different ports %%hence y " All seamen who are out of their apprenticeship at

Sth. Should any master embark a seaman without a
copy of register, or a registered seaman without the know-
ledge of the Captain of the port, he should be liable to a
severe penalty, and no indulgence shown.
The above regulations would render concealment next
to impossible, and the Admiralty would be in possession of
the number of seamen sailing out of the United Kingdom,
which would enable them at the commencement of a war

to call out the number wanted, beginning with the
youngest and those who had never served. The Captains
of the ports would then order them to be discharged into
men-of-war, sent to receive them, and they should as soon
as possible be conveyed to their proper ship, which should
be left to their option on arriving at the port to which they
were destined, and they should not be kept like prisoners
in a receiving ship, which would at once disgust them with

the service.
Men-of-war, on falling in with merchant ships at sea,
should on no account whatever be allowed to impress their
men. the whole should be regulated on their arrival by the
Captain of the port; all appearance of force ought to be
avoided, except rendering it impossible for the seamen
called upon to get employment in the merchant service,
which I am of opinion would be quite sufficient to bring
them for Ward ; some might hang back till their money was
gone, but I do not think a sailor would live or find em-
ployment on shore any length of time.
Your Lordship will observe that the plan I propose
would oblige any man, on entering the merchant service, to
become a King's seaman for a certain period of years. Ido
not apprehend it would at all discourage men following a
a sailor's life ; there would be no unjust compulsion, at least
it would not appear so, and as all would be equally treated,
none would complain ; those who had served their time in
a man-of-war would enjoy their pension, and put themselves
at ease in a merchant ship, without any fear of impress-
ment ; and when too old to go to sea, would enjoy a com-
petence among their friends, and their comfortable situa-
tion in their declining years would render them grateful to
their country, and would be the means of making parents
send their children to sea, as a certain means of procuring
them their bread in their youth, and a comfortable retire-
ment in their old age ; and if the seaman's life was amelio-
rated when serving, I have no doubt but the time would
arrive when the Naval Service would become the pride, in-
stead of the detestation, of the lower orders.
I have the honour to be, my Lord,
Your Lordship's obedient servant,
CHARLES NAPIER.

THE SUN, LONDON, MONDAY, DECEMBER 10, 1838.