The Sun.
London, England, 1821-09-01 00:00:00

NEW -SOUTH W.AtEg.

TRIED AT THE SUPREME court; SYDNEY, SEP.
TEMBER 'l5, 18240.

INTERESTING- CASE TO CAPTAINS.

THE Cr)VEFti/O,p V. Ii.IC;rGS.

ThiS was an action against- the Master of the
General Gates American; upon the usual bond
entered into by masters of ships coming to this
port, not, to sufferany -person,. convict or•free, to
be carried- away without :permission from the.
GOvernor, and not to quit. the
.harbour without a
proper clearance. The General Gates left the
port a brig on the 29th July, 15.19, and was sent
-back by the' Master of the Dromedary store 7
ship,,un tliel2th of May last,• converted into a
ship. ..It appeared by the evidence that the de-
fendant had himself .seduced,!and conveyed on
board his vessel five, and suffered to be carried
away five more convicts, and. one free man; from
the colOny, many of them being the best mecha-
nics in the employ of- Government. .They-were
all set to work the ship as soon- as' the vessel
cleared
..the. heads; .and- being.-..bound for New
Zealand, when she arrived at the Bay of,lslands,
they were all enrolled, in the. ship's articles, and
employed in sealing like the rest of the crew.
On the 12th April last, the General 'Gates fell
in with the Dromedary, when Captain Skinner,
being in the service of the British Government,
went on board the American to reclaim the pri-
soners of the Crown. The -defendant, upon see-
ing the Dromedary"srboat coin'ing towards him,
sent .the convicts on shore under pretence of cut-
ting wood ; and, when Capt. Skinner proceeded
to muster the. crew, the defendant: at first denied
having more than three convicts, but afterwards'
owned to six. • The Dromedary's people., how-.
ever, found nine on shore. The next da.y Cap-
tain Skinner sent the prisoners back to this port
by the General Gates, in charge of an officer and
crew of-the Dromedary,
.together with the de--
fendantin arrest, and only two of his own ship's
company ; but his mate and two more were af-
terwards sent hither by the Prince Regent,of this
port. There was a great deal •of aggravating
matter on both skies, 'which the Court declined
to enter into, in this dry action upon breaches
of the defendant's bond, which were so clearly
proved. The defendant's solicitor complained
of . unlawful
.seizure, arrest, :and imprisonment
here; and the Solicitor for the. Crown recrimi-
nated with charges.- of .cruelty--and starvation of
the convicts on the sealing islands, and attempts
to poison them on board of* the ship. But' Mr.
Justice FIELD said, that these matters couldnot
be inquired into in .this action, -and might • be-
come the subject of another... At preSent the
Court had nothing to do with how the defen-
dant was "brought here : the plaintiff in
this
.action 'found him here, and might sue
him for this debt, like any other debtor. His
present imprisonment had- no.connexion with his
original capture, whether lawful or unlawful ; he
was now in gaol, under process of this Court; for
not finding bail ; and so far from having a right
to complain of hardship and grievance, it appear-
ed by the evidence before the Court, that this
American, being suffered to refresh his ship here,
while partaking of a valuable :fishery, which we
might if we pleased monopolize.. to ourselves,
instead.of repaying the hospitality of the port
with gratitude, acted more like &pirate than the
subject of a friendly civilized nation, and went
about. into low public houses seducing some of our
best convict .mechanics. The Learned Judge•
had no doubt that this was a breaCh of the laws.
of nations, between friendly powers, and might;
perhaps, revive the embers of discord in countries
now happily at peace, and involve the defendant
himself in consequences of which he was little
aware. The defendant pleaded that he had'now
left seamen on sealing islands who if not re-
lieved must starve. For those serious conse-
quences he must himself be responsible. Although
when he left .this port, breaking through its
regulations, he might nothave expected to have
been brought back by any other constraint
than that of perils of the .seas, yet he - must be
taken always to have contemplated those-fatal-
ities, and that necessity might bring, him once
more lithin a jurisdiction-which would detain:
him for the penalties of his bond. And then,.
and not now, he should have thought what
would become of the fishing parties which lie had
left on the Islands. Upon proper representa-
tions, the Governor of this Colony Would take
measures for the relief of those parties. All the
Court had to do, was to decide whether this bond
was not forfeited. They had nothing to do with
the amount of the penalties, which 'were-5501.
for each person carried away. Mitigation-lay in
the breast of the Governor. The Judge could
only say that the existence of the Colony de-
pended upon his Excellency's power to prevent
the escape of convicts, and that, though hundreds,
of ships had sailed from this port, and (he was
afraid) - thousands of convicts: had been carried
away,•this.was the first 'opportunity' the Court
had had of punishing so vital an offence.
The Court found a verdict for• 12 penaltieS of
5001. each ;. eleven for carrying away.' so'• •ruany
persOns, and the 12th for quitting the harbour
without a proper clearance.

THE _LONDON JOURNALS.

GAILY EXTRACTS FROM THE MORNING PAPERS,
September 1. . .

[THE TIMES.]
Russia founds her right to icterfere, in certain
cases, on behalf of a portion of the subjects of
the Porte, upon the treaty of Kainardgi, in 1774 i
which was confirmed by that-of Jassy, in 1792,
and that of Bucharest, in 1812,' atid..by, which
she restored to that Power all Bessarabia, ,with
the towns of Akerman, Kilian Ismail,- and the
fortress of Bender, and also the two principa-
lities of Walachia and Moldavia, upon condi-
tions of which the folloWing made part :—The
Porte promised to protect the Christian religion
and churches, without hindering in any manner
the free exercise of the former, or putting any ob-
stacle in the way of repairing the latter, or build-
ing new ones; and further to restore to the con-
vents, and to private' persons, the lands taken
from them in the districts of Brahilow, Choczim,
and Bender;* and•to hold the-Eetlesiastics in that
.._
particular consideration . which their office re-
quires. She also promised that she .would re-
gard humanity and generosity in levying the
taxes, and would receive them through-the me-
dium of deputies to be sent every two years;
that •Pacl)as, Governor's, or any other persons
whatever, should have nopower to demand other
payment4t-impositions of any kind ; in fine, that
the natives.should have all the advantages which
.they.. enjoyed during the reign -of Mahomet I V.
The Princes of Walachia'. and Moldavia were to
be allowed to have at the Porte,-Charges d'Af-
faires of the Christian communion, to watch over
the interests of those principalities ; and these
agents were to be treated with kindness, and re-
garded as persons enjoying thebrights-of nations.
And, lastly, the Ministers of the Russian court
were to be permitted to speak in favour of these
Principalities, whenever circumstances might,re-
quire it. Russia, likewise, restored to the Pnrte
the isles of the Archipelago which she had seized,
stipulating fOrthe inhabitants in general the same
advantages as for and Walachia ; and
the treaty of Bucharest further guaranteed:to the
Serviatts " the right of administering their inter
nal, affairs, upon paying, to the Porte a small con
tribution "

[MORNING POET.]

We -understand that no official confirmation

has yet been received of the intelligence brought
by express to the City last Thursday. Little
doubt however is entertained of Turkey having
accepted the Russian Ultimatum ; but it is not

believed that the-new version of that Ultimatum,
given in a letter from Vienna, can possibly be
correct It only stipulates that the Christian
Churches shall be rebuilt ; that the-- Sultan will
not punish all the Greeks who, have risen against
him ; that the floor' of peace. shall be
opened to thofe who have remained tran-
quil, or • whci may return to submiision ;
and that Russia shall be allowed to assist,
in the pacification of Moldavia'- and- Wallachia.
Such terms as these could no. i -10,-ve 'excited one
:moment's hesitation in the-minds of the Divan
respecting their acceptance.-..:TheyWbuld be no
less favourable to the Government by which
the murder.of the Greek Patriarch and -the ex-

termination of the Greeks was. ordered; than
disgraceful to the Power that pretended to inter-
fere in their behalf. They would replace the
half-emancipated slaves beneath: the. lash and dag-
gers of their masters, and would lay the Cross of
Christ once more prostrate before the Standard of
Mohammed. Well might the Greeks say that
they had been betrayed, and that the show
of foreign interference was only a cruel-mockery
to embitter their final degradation and ran. Far
different were the terms originally mentioned.—
Though not as 'satisfactory as the attainment of
complete emancipation, they promised to ensure
protection to the lives, the property, and the re-
ligion of the Greeks, with the enjoyment of cer-
tain- rights; secondary' only to those'of national
independence. Such terms might not gratify
all the hopes, or satisfy all the just claims
of a people, struggling to break the en-
thralment of ages, and to rise, as from the
grave, to a new existence ; but they
would improve, its condition without exciting
jealousies dangerous to the peace of Europe.—
We might regret that more could not be done,
but we should feel that something had been done,
and that the seed of greater good had been sown.
The terms stated in the Vienna letter, would, on
the contrary, only produce unmingled pain, and
instead of rejoicing at; their acceptance, and at
the suppression of the differences between Rus-
sia and Turkey by such a compromise of justice
and humanity, all hearts unswayed,by interested
motives, would feel-disgust and indignation.

[MORNING 'IIERALD.]
It appears that the terms of the Russian Ulti-
matum addressed to the Porte are much 'more
moderate 'than has been generally supposed. if
the version given in another column, under the
head of Vienna, be authentic, they differ mate-
-rially from that which recently appeared in all
the Journals of Europe. Instead of the cession
of Moldavia and Walachia to Russia, the Empe-
ror Alexander merely demands the right of
" assisting in the pacification" of those provinces,
in the spirit of treaties. Thee establishment
of Russian CoAsulates in Wallachia and Mol-
davia is the chief protection enjoyed by
the Greeks under the treaties alluded' to.
There is no, mention of an apology to the
RusSian, Ambassador—nor of any indemnity for
the destruction of Greek property. The only
restitution stipulated for is, that of the Greek
churches. Had the terms of the ultimatum been

originally published in the Government Journals,
such even in substance as they are now given, it
would have spared Europe much anxiety and idle
speculation. The articles are so moderate; that
their acceptance by the Porte, situated es that
power is, intist have been expected, as•almost a
moral certainty. It would appear• that the ulti-
Inaticm, though made in the name of Russia, was
supported by: the 'influence- of, the- other' great
Powers—and it is not improbable, that its being
so•moderate,-may be ascribed to the latter

•
[MORNING CHRONICLE;]
The public attention will, ..no,doubt-, be:anx-
iously directed- to the evidence given by Lieut.
Gore himself •last night. On that evidence we
shall offer no remarks.—lt gives us pleasure to
‘vitness.the candid and. tOnly, and at the same
time, prudent manner in which Capt.....oake's gave.
his evidence. We do not choose-to-sarwhat we
think of some of the other evidence front thebar-
Jacks; 'but we-may safely. nbserve, -that the same
epithets do not apply tO a considerable portiOn of it.
Wecannot help Wishing, if Counsel are t 6 attend at
Inquests, that they would at least avoid making use
of language. necessarily offensive to. the Jurors.
It was not, surely, necessary for Mr: Adolphus,
hoWeVer stiperiOr' he Might- conceive. IfirnSelf to
them:in taleniS and acquirements, to I.oliliern of
the inconvenience in talking," when the ptilinest
terms are4tot understood." Neither was it very
becoming
,in hint 'to observe to the- COurf, that
Captain OakeS." was big enough to prOtecthim-
self," in allusion to a hasty expression of a Juror
on a former evening.