The Sun.
London, England, 1832-09-07 00:00:00

MIDDLESEX SESSIONS, SEPT. 6.

These Sessions were resumed this morning, be
fore F. CONST, Esq., chairman, and a full bench o
Magistrates.

BLOW, APPELLANT, LEVY, RESPONDENT.

This was an appeal from the conviction by D. W.
Gregorie, Esq., of the appellant, for refusing to pay
the toll upon a break and a pair of horses belonging
to his Majesty. The appellant was a coachman in
the service of his Majesty, and the respondent was
the lessee of all the tolls within 15 miles of the
metropolis.
A long argument ensued between the counsel on
both sides, on the construction of two Acts of Par-
liament, whence arose the question, whether the
servants of his Majesty were entitled to travel free
from toll. The appellant, it was admitted on both
sides, was in the service of his Majesty, as coach-
man, and on the occasion in question was exercising
his Majesty's horses, and wearing the Royal livery.
Mr. ADOLPHUS contended, that it was indisputable
that the K:ng's highway was the King's property,
and that no Act of Parliament could take away the
rights and privileges of the Crown, without the
consent of the Crown conveyed to Parliament by
the Attorney-General, and that such a privation, if
any was so made, must be distinctly expressed in the
Act itself. The Crown enjoyed a common law
right of exemption from toll of all kinds, as well as
from taxation of every description ; but in the Act
itself the clause stood thus—" No toll should,
by virtue of the Act in question, or any other Act,
be demanded or taken for any carriages or horses
containing his Majesty, or any of the Royal Family,
or going to or returning from his Majesty." Now,
then, such being the case, was the appellant within
this exemption ? The appellant, as his Majesty's
coachman, was by command of his Majesty, for his
Royal master's use and benefit, airing and exercising
these horses on the day in question, and under the
common usage was entitled to pass on the King's
highway free from toll. It was true that the party
was not travelling terminus ad terminum, but the
Royal right of exemption from toll was not and
could not be abridged by the present or any other
Act of Parliament.

Mr. C. Putwrs followed on the same side, and
communicated to the Court the opinions taken with
reference to this subject from the Attorney and
Solicitor-General, who not only gave it as their
opinion that all carriages belonging to his Majesty
and the Royal Family were exempt from toll, but
that they were equally so though drawn by post
Horses.

Mr. BROUGIITON inquired if there had been any
instance since the General Turnpike Act of toll
being demanded until now ?

Mr. C. PHILLIPS—Never, until lately.
Mr. BODKIN then addressed the Court at some
length, on behalf of the respondent. He argued
that the common law right as contended for by the
other side did not exist. In all former turnpike
acts, the exemption was for all carriages belonging
to his Majesty; but in the present act the word,
were " all carriages in attendance, &c. upon his
Nlajesty and the Royal Family." If the object had
been to extend the privilege as had been suggested,
still the words " belonging to" ought to have been
retained.

After a long desultory conversation between the
bench and the counsel on both sides,
The CHAIRMAN (Mr. Const) said that the case
was one of very serious consequence and import-
ance. If the question remained upon the last Act
of Parliament alone, he should have no hesitation
in saying there was no such exemption from toll as
that now claimed. He confessed he thought some
doctrine might be found in support of the King's
prerogative, but at present he thought that, so far
as the present case went, there was no ground for
exemption under the provisions of this Act of Par-
liament.

Mr. ADOLPHUS—Under the circumstances, he
would beg for the case to be adjourned.
The CHAIRMAN said his own wish would be that
the case should stand adjourned for a rehearing un-
til the adjournment day.
The rest of the Magistrates present acquiesced,
and the Court then adjourned.

Three steam-vessels engaged by Don PEDRo's
agents sailed from the river on Tuesday afternoon, and
Colonel BURRELL, who is to command the recruits lately
raised in this country, embarked on board one of them,
together with Captain BELL, Mr. HIGGINS, and Mr.
MACKEY, late one of the inspectors of the T division of
police. For a day or two before the sailing of these
steam-boats, the agents of Don l'Emto sent the recruits
down into Kent and Essex under the command of a ser-
geant in small detachments, fearful that some opposition
might be made to their embarking in the ports of London.
As soon as the steam-vessels left Gravesend, the recruits,
who had been kept in readiness, embarked at different
places down the river Irons both shores, and by the time
the steamers reached the Nore lights, about 1,600 had
embarked, all of them fine hearty fellows, and the greater
part men who had been in the army and seen some service.

In the 72d regiment, or Manchester volun-
teers, in which I was an ensign, there was an
officer, an honest, worthy, but blundering
Fish-
man (Lieutenant Macnamarra), who had, to per-
fection, the natural habit of makino " bulls."—
Mac had one day the command of? ragged-staff
guard, which being a central situation between
the New Mole and the Old Mole, and close to
the water's edge, had a ladder of ropes placed at
the top of the line wall for the convenience of
boats coming from or returning to the ships in
the bay. This ladder was always drawn up at
sunset, and fixed again at day-break. It hap-
pened that Lieut. Browne, of the Brilliant fri-
gate, had dined at the mess of the 12th Regi-
ment, and having drank freely, had forgotten the
hour, until he heard the evening gun fire ;
greatly alarmed, he instantly quitted the table,
and hurried to ragged-staff guard, where the
ship's boat had been waititig for him above an
hour ; but he came too late, the ladder of ropes
had been drawn up some minutes. What was
to be done ? He applied to Lieut. Macna-
marra (to whom, by the by, lie was an entire
stranger) to fix the ladder of ropes again, that
he might descend ; but Mac told him it was con-
trary to garrison order, and that he dared not do
it. Mac, however, at length yielded to the ear.
nest entreaties of Browne, who descended into
the boat and rowed off: but the one had ne-
glected to ask for, and the other to give, the
" naval parole." The boat had advanced but a
few yards, when it was challenged by the sentry
on the line wall, ,( Who comes there ?" " A
naval officer." " Give the naval parole." " I
don't know it ; I am Lieut. Browne, of the
Brilliant frigate." "I don't care who you are,"
replied the sentry; " but if you don't put back,
I will fire into your boat." There was nothing
else to be done but to return. In the morning
the circumstance was reported to the governor
(General Elliott) and the commanding officer
afloat, Captain (afterwards Sir Roger) Curtis ;
and both Lieut. Browne and Lieut. Macnamarra
were placed under arrest. Knowing that, it tried,
they must be inevitably broke, .Lieut. Macna-
marra wrote several petitions to the governor, but
received no answer, and was in a state of great dis-
tress, walking up and down his apartment, and re-
peating, " If ever I do a good turn again, may the
d—l burn Barnard Macnamarra." At last, on
the seventh day, Major Harbrugh, of the 39th
regiment, was sent to him with a message from
the Governor. " Well, what does he say ?"
was the eager inquiry. "He says that whatever
the navy do by Lieut. Browne, you shall share
the same fate." " Then," exclaimed Mac,
clapping his hands together in great agitation,
" I wish Me rascal may be hanged !" How-
ever, as they were both excellent men and offi-
cers, they were severely reprimanded and for-
given.—Literary Gazette.