The Sun.
London, England, 1813-07-29 00:00:00

I,NIV

(.01'11:1' Or 4: HANCER.V, .Itrix 17.

aril Iii•o:;11C11 VICV-CHAT,A,M,LfIti,.

ALIEN ENEMILA.

M It 0 V e niUS 13 o C.: F

The Vicr-Clp.Ncm..t.or, this-dav gave an ela.
borate judg.tnent in this railiSC. The importance
of ‘vhiell he stated to 'be so great, in a commer-
ehd point., of view, that it became, necessmy to
.apint3dvert on the many eases decided upon the
ahility (xi 4lisahility. of alien c't►cu►iei to itie
comts law a'nd equity in England, nut only on
the law as formerly construed, hut U. understoo,tl
sinec the introduction of trade licenses, upon the
poljry of which he shoal& not groom., his deli-
last upon the change' of time law .that took
Woce of late yoar, commencing in the time of
1.4 n Alvaeuley, in the rase of Al‘Connel.v. 'rector,
repo;:red in Hot aminet Butler, and since lot-
Jowed•tyy many decisions,

The caiiqe cone on upon a plea in bar, filed
against the.bill the plaintiff by the defendants,
who are faetors and co:nsignees in London ,for
the colilmereial ct.,rporAtion, called chic() Mien
Meyores, composed of five distinct commercial
corporation* mid
.coirmanies, united into one great
arid ,xteogive tinhlic. body aggregate, residing at
Mildrid, with consals,, agents, and factors, in all
tradinv, 'in Europe and other countries,
pursuant to as lloyal hailer of incorporation,,
granted to them by King- Henry V. of Spain.
The plaintiffs pre two of the. company, residing
lrt thiS country, :as managers of the commerce itt
this kingdom, and prayed by their bill for an or-
der upon t!,e (14(4(16145, the 11Oglislilactors, re-
them to .RVII a cargo of nae-Spanish wool,
exphrtcnt by the company into London, of great
valtw, atm to lit ad over the pride to their em-
ployers, for the kme of selves and the company at
large.
_ _

The defendant -s plea in `bar was grounded on
the fact, that tln! troOl• was the property of alien
enemies, or nentrah, now resident in i country
under the d(„.linion or liable to fall under the ju,.
risdietion Frtince, a power at war with this
eOuntry, and Ow plaintitts not qualified to sue in.
our Cotirts upon the authority of various decided
eases, in which it 'was ruled, that the funds should
not be,transmitteal even to the neutrals, or even
to British subjects residing in a country at war
.with us, lest they tdroeld fall into the hands'of the
enemy, to increase his resources. Nindi discus.:
sion, said his notion., had taken place oil the cliff.
• tinetion lotmeen aliens and natural horn subjects,,
(ebb beennir commoratif in, and inlhered,, by
'choice or necessity, to the rulers of a country at
War with us, as also on the distinction between'
adhering to the King's enemies in arms,:or by aid-
lug or carrying on, commerce with them,'. when
inisßessing the power and means of quitting such
residence and, cornmerce,

Formerly the King seized all such property as
forfeited, and of course the parties could nut be
utit ted ,to sue. l iow lar it %VAS competent for
Alaiesty to grant licenses to sue in such cases,
was difficult to date, mine, as the deciiimis on that
head Were 'variant awl contrudietOry*; but there
were cr s wherein the linty biniSelf could Wit
_grant the licenSe. to any subject, to sue for the
property in this country, while he was under the
dominion a a fo;ei-1,?,.n power at war with us ; its
for in4;inte; suppoSing a subject to be found
arias with the enemy.

flaring premised 'twat he should not in any de.;
gree, ground his present juAgnient upowthe deci-
sions wady in the several important macs lately
decided in the Courts of Law, under the present
or tate system of the Trade Licenses, but minutely
tliFf;n';sing each and every of them ; he was of
opinion, that the caw put upon'the record by the
plea in blr, was not sufficiently extensive, nor
duly circLunstantial, so fis to bring such plett., if
otherwiie valid, to bear on the peculiar circum-
stances of his case.

hi the tirst place, it appeared that the Corn-
'pany were, except the plrinitifk, resident in
Spain, a tugi y amity with as, and it %yos
doubtful whether Madrid be:now, or was at the
time of tiling the' plea, in the po%ver, or likely to
fall tinder the power of the French Government.
This state of atrairs relieved his mind Completely
from any.diliictilty as to the danger of clashing
with any former decisjons, fiibee the plea watt, 'in
his mature judgment, insufficient, both in I'm in
ti,nd substiince, to attain its object, namely, that
of meeting the relief prayed for by the bill, inde-
pendent of the law and justice that must govern
thii use.

Of late years the King had not seized such pro-
perty as a forfeiture, and it was quite clear that
the plaintifS here residing had his Majesty's per-
mission for such residence, by which they were
legally competent to sue the defendants in the
manner resorted to. His Honour concluded with
asking, since the King would not in this case
seize the property, what was to become of it ? or,
what colour of cioint could the diletidants, as mere
to tors muter theplahuitht, pretend to set up for
loeping it their Own po,,c,Aion Snell an idea
could not be etultired, cntiv with either law
or equity. The Viva wio V Ur-ifficil.-Judgu;ent
for the plaintiff's.,

COURT OF KING'SBENt I r, 2'3.

P 1!: 11. J rill.

Tfir KING V. Vie,IIELST.

'This wag nn indictment, charging the defendant,
14airy Vcrelst, with the crime of petjury, it) cer-
tain answTrs then in by him to an allegation filed
by his wife, Elizabeth Verylst, in a snit broUght
by him against her, 'in the Consistorial Court,
Ductoil t;c►rirmons, to have l►ter divorced, on the
,i•nutrtt tit• adultery. The allegation charged the
C:rxcircuc,►rrs~, (the in th►~ suit it) Doctors
'0'10.,i111:0111,4)1121,,, tt► th_e house.i Of a per; 00
for Thlii; „0„0,,,)1:11till
lot:, in China- lrttilrl3►'tlt,
itttitmocti EnZubetil
I,evtoho., wasc!il4:ll„,feoorilor olioo aigither
in
the
tortuorti
ttiy., whom lie h►~~} bren
to
prevt4u
on
her
0,14, c;t,i•dnit,
,oe)ll,,ei. to tioletivoor
a3titalied itittrte Croilin. in in" 1" rite
the way, and not to give ttvidttlet" Ont
peOCeedinga then in tkpendenCe
4is wife; with sandit% to liebeecti.nrie'Z'ke3,":",jvinie.