The Sun.
London, England, 1845-11-15 00:00:00

AN)

d gents4lb,nees of execution had been passed upon them, but
sergeant 1v respited till the 24th instant. The Learned
e
grounds
t contended that the conviction was wrong uepopeee _
hrriaload
een In the first place he said that no crimesuppforsilngnYa
committed; and secondly, he said that
thec„... s. the nature of a felony had beenf cot_memicaattede.,
t`ll,4rt at Exeter had no cognizance
.o h
QOO, ue grounds upon which he said no crime had
.been
tadttlithetted was, that the two vessels, the Felicidade
tient
to Echo were wrongfully takers ; but it would be sta. ffia-t
tither a suPPOrt this branch of his argument to show_ehw
re tie or the ether had been wrongfully taken. ki
ittellgard to the first capture, that of the Felicidade, how
lthei,e case stand? This vessel' had left the Brazils, but
1111,.,seer:he was a Brazilian vessel did not appear, for the
cittrof f going to the coast of Africa, in order to take
the
Lsorned sjitiades. It did not appear by the statement of
seteid ge, nor was it contended for on the trial, that the
twit ade had during that voyage taken any slaves on board,
tiltde!aving certain decks which would indicate that she
in slaves, she was captured. Now upon what grounds
8° the lieutenant of the Wasp justified in taking pos-
trie P°ll l of the Felicidade. It was justified at the
~.I1 two grounds, and in the first place
of said that- by the treaty between the Crown
the gland and the Crown of Brazil, of November 1826,
end tience of dealing in slaves was declared to be piracy,
45; erefore, in the language of the Learned Judge, it was
:41 for
len a., persons of whatsoever nation they might be
lap", -4t down and seize upon the Felicidade and her crew,
it to be tll9, were enemies to the human race.
.Now he took
two
ti !tune clear that before a mere declaration between
treatyatt°l, that a certain act which was lawful before the
11_, should become a crime, was not binding until
theligatory b Some municipal law of the cou.ntry. Ntowa,
1444614°1e this teaty was agreed upon there di.d
decin, P,el law, the -sth of Geo. IV., by which it was
Wks e'a. that slave traling was piracy. The statute
e„P,2.-3sed two years before the treaty, and by
ktitatiV°bn 2, chap. 113, it was declared that the
fq)ecil `Laving taken slaves on board should be the
aT having
of piracy and the 9th section provided the penal-
fitn heir Lordship's however would see that although the
Ahen*ection of the statute prohibited a variety of acts, yet
lo Lthe Penalties in respect of those acts came
t4rryrn applied, only the actual removing and
kit
~_g away of slaves was made ►piracy ; but the statute did
tatwroP there. It did not omit to provide punish-
thaf°r the minor offences which were denounced
aott second section. It went on in the 10th sec-
ttku '0 Make certain acts felony, and punishable by
'iniotrtation for fourteen ars. Now amonst tbe acts
4 P 33 ed Was the piratical one of filling and navigating
tri for the ye
up
purposes Of carrying slaves; and this
14.4 e state of the law in England in 1826, when the
killtY„ was made between England and the Brazils.
en,,ouraloffffennecese ow.fepreiracy was punishable with death,
.but
punishable only with transportation,
,4 by ILI" of exceeding fourteen years, not less than seven,
'4`B tha7Priaaatilent for a term not exceeding five years, nor
it IN tilree. It was said, however, that the treaty made
th„4,,wins and Piracy to be, or to have been concerned
4taerrYin on of the slav'e• trade but the treaty could
A~
not eet that which was not effected 'by the law of England,
malting that piracy which by the law of England
Prkl e, tarp n
tell AtnEnsorr—Brother Manning, will you be so
•us what point you intend to bring before us,
tit 3 IraposSible for us to understand you without a map
11 e COUrUry.
StrO: 11eant IltAistNThict replied that he had already stated
'ker thent would divide itself into two branches—
kittep thetno crime of the nature of felony had been com-
kitied atid, secondly supposing such a crime had been c
tk:reattti „the English don'ts had no cognizanoe over it. rhe
',Ned upon which, he said, that crime had been committed
Zarzeipea two main points—first, because the parties
tti• ci , were unlawfully imprisoned at the time it was corn-
ti 11, altd, secondly, that the Felicidade was unlawfully
to whi Y the Lieutenant of the Wasp, and then the Echo,
fheY had been removed for confinement, wasun-
et; full t taken
by the Felicidade. In the first place,
L?„Peelve saal the Felicidade was unlawfully and im.-
I, eaPtured, and in order to maintain that. posi-
,7tert Was combatting the grounds upon which it was
Nie,4 at the trial that she was lawfully captured at the
`ltttken_was interrupted by the Learned Judge. He com-
fit, tit, ar
▪ - 'teat gament upon- two grounds—that independently
tithe IY, these parties had not been guilty of piracy
4 Le, 'kw of England, but it was contended
oz --raed Friend, and ruled by the Learned Judge, that
tin. ante .
v." 11 a tit slave-trading was complete, by their going
h N°Yage f
e cola • or the purpose of taking on board slaves.
foie Y, 00r ended that such was not the meaning of the
Foundf the law of England, and he supported
'let
the nature
IV,tracy. But declared should
,L 3 LILA
!he 4Pposi be took higher ground than this. He said
la sp,
tOth tig the treaty did expressly state, in the terms of
th:4ves ?f the sth Geo. IV., that all attempts to deal
ttBaLiguaill be suppressed, it would not be binding upon
,l 'en of Brazil. If a Brazilian subject, after that
`stv
le °aged himself in the slave trade, it would
.be
beasatitee against England, for which the English
tri
bht et Rio de Janeiro might have re.mon-
:,erk the the 0 mere fact of a declaration existing
t!gi not
rusksun ies d daring a particular act to be a
he Brazilian amenable to the laws of
IVhoever hearde of a prisoner being com-
!,l stith4l England for an offence against such
IVasbi; a, treaty? It would be perfectly
,nr
to:1N we; re such a doctrine were held to peil al.
),;'4llotl lentarkable instances on record where one country
edict 157,-aite cognisance of the piracy of another. In the
Emperortea Philip the Second. of Spain, by an
4, Pt a
~ed his subjects guilty of piracy who should at-
tirotti.e
tntlascitirancud :pon an insurance company, in effect-
upon a ship.. In 1580 the. same
410`4,1 e another declaration, that all parties who
OF betra. Y the herring nets on the coast of Flanders
A,,at trait of piracy. Then, again, there was the case
ampt„ifalle2jan Ambassador, in the reign of Queen Anne.t
tittlistol, ie., an
found that the Ambassador had committed
1110.411414 LlElon against the law of nations, it was not
130trante 'ere. It was only matter for the re-
it, of the English Ambassador. in Russia.
tts,"(ese • came to another part of his argument.
1110-It% of- 1,11 the treaty prohibited the detention, on any pre-
hie tessel not having slaves on board, and he need
that this had been done in the present case.
gig intended av the vas for the very purpose of revent-
tt of vessels which were fitted out for the
itpi,eevoribi Previous to the making of the treaty,r_a. but
t
*l-o„4red t,,ess, aPplied to vessels fitted up
.afterw d
illfah„" Hun, therefore, that the Felicidade had been
Oitt, captured; and, being wrongfully cap umr h
their Lordships that the Felicidade re fined a
t taPt4lll(l a foreign vessel, to all intents and purposes, after
al °gl4 vessel 4° ; hut on the trial it was contended she became an
that all on board f her were subject to
mightand
just as well argue that a
iiehsisel4oomihNz ofw heSicily with a cargo of oil to. the
4-.113, zils and det-ainer by a "Spanish ship. on suspicion of~Ttt
-111, iillNß.gler from Gibraltar, became liable to the laws of
ki absurd
Le ease was proceeding when we went to press.)
RitUipTcY.--(THIS DAY.)
, Th. \before Mr. Commissioner GOULBOURN.)
14 inS 61 LN RE CAMPBELL.
The and
cant is a clerk in the merchants'-office, Custom-
;l4r resolve to up for his interim order, which was opposed.
• kat nt not being present at the hour appointed, an
l,car made to dismiss the petition.
ColnaieSIONER said he would adjourn the
Itstitee arlrtledeine ieC
ommissiortEn in a previous case held, that.
>Renßt 4fneitclant Was let out of custody, and_obetaeemmedmhitis_
t. in telt', non-attendance was not a ground
.1
fkotl3:, tcmi,e, Present case the insolvent not having been in
tefe itisoi`,:t4 not be committed.
thatalt eat arrivedsahortly after, and it was agre!dtowgaso
ht, tlt, insole
Case. The principal ground of opposition
itj tithesrvent had not paid the expenses of thef end of
su,f,"l whom, previously to his death, he had received
11,,t1he insZ°f inoney.
Rae eat said his debts were 2131. He bad a wife and
i',,(31111r and an aged mother to support, and his salary
ap tanks colv,- a.year.
any MOVER said that he could not make any order
oass ep-pil4iPart of so small a salary.
opposing creditor said that the salary was a rising
Per The
1401 -
fer peek, anent Said that he had been an extra clerk at 255.
!),t• Zree e,l that his present salary would not be increased
4;tit,°l, i",r,,sPerhaps not then—and his salary would then
tkia un'ulL ayear Ile admitted having received 351.
Thet° differ nine months before his death, and had paid it
-rent creditors
e bettiireditor ;laid it was. very hard that the money should
IP'al e given to the insolvent who had spent it, leaving
Rae Ai4 • 'tPen
- insolvent unpaid.
sosaid that the remainder of the money. left
la 4'1411 tto bas e Lear hat he did not think it prudent to administer.
ktie giv COMMISSIONER said the insolvent appeared
(tltf°,listderl a clear account of the disposal of the money,
'l•4l.4`er,ing that lie was pressed b circumstances, he
C°lnunissioner) would grant the in order
'p NAN

c.,;,,k1%,„ 'AL INTELLIGENCE.
r,,,,--z11441 --In Noy. 14. Her Majesty's steana.sloop Geyser
ru 1,, er E. r,
tlft,,,,alta `'arnenter, arrived at Saithead yesterday afternoon
i`: triaii harhl Gibraltar. She had not a particle of
tadth hotaaSs'ing announced that she was on her passage to Engd-
news, the
trot ' flat_sh:uPerriumeraries and invalids have been transferret
it:IN to \\,ol), and the Geyser has been ordered by telegraph to
1,41;„1,,,.°1rgi0h to be paid off, having been nearly four year ti-41)05
,;'
3114' Wool !arner, and an Ordnance vessel, arrived yesterday
Activape
h,ficard tier majesty's ship tlit Pc% on ..:)eh, having the field guns and ammunition to be
the .4'l ba, °°,l Ilope or Mauritius, as may be required. Rear-
p President, for conveyance to
to
4,t1a,i,,-"rhes, his family and suite, have embarked this day, and
kir," to-ro,„ a''og got his sailing orders, the President will put
tioi, the ii.'°W. Rear-Admiral Dacres is to relieve Rear-Ad-
41ye,' and t°hnai j' i'erof in the command at the Cape of Good
bi shit, „,, ()nicer will return to England forthwith in her Ma-
tt, "e st,...lrieliester.
ta4t4htia t,67l)(loutri al of the Scourge steamer with the 13-inch mor-
-11,11°11g,r,, nder long gun took place yesterday, and was .of
kkc-
lett the
iutirat,„
s„ ~, but equally satisfactory as the first trial.
nieplht, ~,,,L'''°or at 9 A.M., with a number of officers from the
thr
d'ly '. N. aval College and seamen gunners (the Marine
stld ,boor 1: e dispensed with,\• Captain Chads,
:Alir, Ta.),.of the Proceedings, and Captain Stevens, It. M.A.,
C. 8., again had
,4- to ~t'.:_",,ergineer and mechanist' of the dock-yard, were on
N.JI.. grtt.7rlh 01he engines, &c.
,hl o4rt'L
wtitstde the Nab Light the shell practice commenced,
slit,l4ed tro7 e is, with a full charge of 9.(filis. of powder, were clis-
rtsti,,:.llls Mortar, the range was nearly 5,000 yards ; not the
but ' eu„ I 'dunent in the steering of the vessel, or in the working
the °'llsB, took
14,1
,precaution Place ; she was kept under steam all the time,
4tiu the was taken of moving the men from the after
ar,tlt.hiest
__
,rnalship wheel. The result of the shell practice
I,tattli,
peo`o.,clusive and satisfactory, the Scourge was anchored
414,48tWera t,PrLi. went to dinner. After this was concluded, two
11%4130 yawl" oUt 3,f100 yards from the •essel, and moored
IN, er gu,, apart, and the practice at them with the 56-
qrik. aria 4,2rnenced, the full charge of 141bs, of powder was
tot,e!et the b_ shwa were fired with great precision, but without
t,t
,iva,,d
theats, the shot pitching close to them at every fire ; this
ill „I, board exPeritnents for the' day, and the boats having been
, 'Be av . the Sersurgo
()tkn, etling ~, returned to the harbour about six o'clock
tli 'ui a ' 'he shell room and magazines were admirably
'hi " Capta: ,
teal,)
~,,, _ in Chad expressed to the officers and seamen
,`,.),.. took ida"val of their skill and dircipltne. Not a single ca-
pe put
nee. The Scourge is in harbour, and will doubtless
et:r't are ,n
an if two carroriaries are added to her
Z.‘ it,. ",lit, she will beda most formidable vessel, as she is
N.:Ner al gar
t.t.,oota
,i.
th rison court-martial has assembled this day in the
~,,,' ,at Qr__ e ItoYal marine barracks, for the trial of Second
14tt".en.t]e,na.7, rile Shilidon Dunbar Royal Marines, charged with
)144_6:king, ir:"Ya conduct on the afternoon of the 30th October
ti,de s., I
h, s..tate of intoxication at the Victualling.store
1;4-, t,Artillery .
J. °Ion; Jo, follow officers csmpose the Court :—Presi-
;__ihVraube,
7.4.t0h 11.1.Callum, Royal Marines; Lieut.-Colonel
~Ttegiment ; Lieut.-Colonel Gibsone, Royal
thi2,e'/th, csth '.,
;-,13.10r J. J. Willes, Royal Marines ; Major
ti--"„ti
ti; C,,,it,
1,,, t,, ,kilt Infantry ; Major J. Fordyce, 74[11 Regt.
4111'1:table F. 0,(:' • L. Dawes, Royal marines ; Callain the
(him ght in, 'radY, 74th Regiment ; Captain W. G. Gillman,
*44 Ls "Y ; Captain P. J. J. pu,santoy, Royal Marinesi;
4"4111t
1441 4iiineh i Ciizign J, I, cloy .