The Sun.
London, England, 1832-12-13 00:00:00

HIGH COURT OF DELEGATES, DEC. 12.

SIR FRANCIS A. COLLIER v. THE LORDS OF THE
TREASURY.—THE. DONNA BARBARA.
This was an important appeal from the decision
of the Court of Admiralty, as to the construction of
the Act founded on the treaty entered into between
this Government and Spain, Portugal, and the Ne-
therlands, for putting down the slave trade.
Mr. Justice PARKE, Mr. Justice ALDERSON,
Drs. DAUBENEY, BURNABY, HAGGARD, and CUR.
TIES, sat to hear the case, a protest having been
entered on behalf of the Lords of the Treasury,
against the jurisdiction of the Court.
It appeared by the memorial presented by Sir F.
A. Collier, late Commander of his Majesty's ship I
Sybille, that while off Frutocion the Paul Pry, a
tender belonging to the Sybille, captured the Donna
Barbara, with 357 slaves on board, which she had
shipped at Lagos, to the north of the Equator, thus
rendering her liable to condemnation in committing
a breach of the treaty entered into between this
country and the Brazils to suppress the slave trade.
The slave-ship was taken into Sierra Leone and
condemned by the Mixed Commission Court there,
was sold, and the slaves, which consisted of 86 men,
129 women, and 136 children, were emancipated.
Sir F. A. Collier, on behalf of the officers and crew
of the Sybille, memoralized Government for a
moiety of the proceeds obtained by the sale of the
Donna Barbara, together with the bounty money,
which the Slave Act allows for the capture of
all slaves. The Lords of the Treasury, after
considering the question, returned an answer
to the effect :—" That, finding many of the circum-
stances regarding the capture were novel and in-
volved in doubt, their Lordships were of opinion
that the claimant should revert to the High Court
of Admiralty for its judgment." Proceedings were
accordingly commenced on behalf of Sir F. A. Col-
lier, the officers, and crew of his Majesty's ship Sy-
bille; and the Judge rejected the claim, his Ma-
jesty's Procurator-General appearing previously on
behalf of the Lords of the Treasury to oppose it.
Sir F. A. Collier now appealed to the High Court
to set aside this decision ; but on behalf of the Lords
of the Treasury a protest was given in objecting to
the jurisdiction of the Court, on the ground that
under the 71st clause of the Slave Act no appeal
from the decision of the Judge of the Admiralty
Court was provided for.
This protest came on for consideration to-day.
The amount for which Sir F. A. Collier, the of-
ficers, and crew of the Sybille are proceeding, for
bounty money, &c., is between 3,000/. and 4,000/.
The KING'S ADVOCATE, with whom was Dr.
DODSON, on behalf of the respondents (the Lords
of the Treasury), contended that the point at issue
not being either a civil or maritime question, the
Court had no power to decide. By the sth of Geo,
IV., which was an Act to amend and consolidate
the Slave Laws, provision was made for granting
bounty for captured slaves; but the present claim
was not contemplated. The Court of Admiralty had
a summary jurisdiction, and the whole tenor of the
Act of Parliament showed that there was no appeal
from such decision. The omission of the right of
appeal in the Act from the decision of the High
Court of Admiralty showed that it was not intended
so to appeal. The Learned Civilian, after referring
to the Act of Parliament to establish his point, con-
tended the Court must pronounce for the protest,
and dismiss his parties from further observance of
• justice in the cause.
Dr. ADDAMS said he appeared for Sir F. A. Col-
lier, and should have to contend that the protest
given in on behalf of the Lords of the Treasury
must be overruled, and their Lordships assigned to
appear absolutely. Appeals were admitted in all
cases unless specially provided against. The Learned
Counsel at some length addressed the Court in sup-
' port of its jurisdiction, as his party could appeal to
' no other Court. The stake at issue was nearly
4,000/., and it ought not to be proceeded upon sum-
marily; he therefore prayed the Court to dismiss
the protest, and direct the Lords of the Treasury to
appear personally.
Their LORDSHIPS, after some consultation, post-
poned their decision till a future day.

HYDROPHOBIA.—At the meeting of the
Medico• Botanical Society Sir ANTHONY CARLISLE ad-
dressed the members on the subject of a remedy for hydro-
phobia, new to this country. The Learned Baronet stated
that he had received from South America three bottles
(containing about a quart each) of the extracted juice of a
plant of the cactus family, which are well known to be
harmless in their effects, some of them being used as a
salad, and cattle being fed on others when there is a
dearth of grass. The mode of application in South
America is to put the patient up to his neck in sand or
earth, and pour two ounces and a half of the extract down
his thrust by force, as soon after the bite as possible; it
has, however, been cured effectually even when given after
confirmed symptoms of the disease have set in. Sir
ANTHONY stated, on the authority of his informant, that
the strait waistcoat of sand or earth was net absolutely ne-
cessary to the cure. Sir ANTHONY stated that he would
be ready to accompany any medical practitioner, partien-
lirly one of a public institution, to witness its exhibition,
in any case occurring in their practice.