The Sun.
London, England, 1818-10-15 00:00:00

SPORTING. INTELLIGENCE.

NEWMARKET SECOND- OCTOBER MEEI'ING,
NVEnNtsISAi*, OCTOBER 14.
Ld Foley's Interpreter, beat Ld G. H. Cavendish's Allegro,
gst. 41b. each, R.M. 200g5.-8 to d tin Idterpreter.
Major Wilson's cb. c. by Juniper, daft Trimbtish, Bst. agikt
Mr. Butler's Sir Roger, 7st. T.Y.C. 53gs, li. tt. Thad Heat:
Renewal of the October Oathind Stakes, B.M. a Subscription
of 30zs each, lOgs ft. if detlared by One O'Cluth on Tues-
day, fol Three Years, commencing in 4818 : to be rim fOr
by horses of all ages, two yr-olds egeept Cd.
The First Clays of the Oatlands Stake; of :36gs each. B.M.
Mr. Batson's Stainbot °ugh, 4 3,rs, 7st. 13th
IA Jersey's Giant, 4 yrs, Bst. I 11,. • 2
Mr. Terrett's Sovereign, 5 yrs, 9St. slb
D. of Rutland's b, c. by Walton, Uut. of Canidia, 3 yrs,
7st. 71b. . . 4
!qr. Rash's c. by Sorcerer, nut of Virttioia, 3 yrs, fist. 101 b. 5
Ld Foley's Interpreter, 3 yrs. 7st. Inlb
4to I agst Stainborough—Even betting on Giant-5 to 1 rigst
Walton c.

, GREAT
PUGILISTIC
MATCH.
The folhiwing aliicles of agreement have been entered into
between Turner and Randall, last night
" John Randall and Edward Turner agree to fight for 1001.
a-side, on Tuesday, the Ist of DeCember. The above battle
to be aMk Stand-up fight. A 24-foot ring. Half-niinute time.
The place to be named by Mr.JacksOn ; but the diStmcce from
London not to he less than 25 miles, and not to eieceed thirty
miles. Randall, on the one side, to chtio;'e his Own umpire as
toa time-heeper ; ails] Turner also to appoint a time-keeper on
his part ; but to prevent dispute.i, JacLion to appoint a
third niripire, as a referee, whiiSe decision shall be final.—
The whole of the stakes to be made good at rranklin's, on
Tuesday, the lOtli of November, between the houis of seven
and nine b'clotk ih the evening; but it either Randall or
Tomer wish to intease the sum to 2001. asile, this slim to
he made good on Tuesday the 24th of November. The staters
to be played in the hands of Mr. Jackson. Time of fighting,
twelve o'clock. The depAsit of 401. to be forfeited, if the
stakeS of 1001. are ilia made good on the 10th of November.
Witneis P. E. (Signed)
F."
Betting has commented eery briskly already, and both the
combatants shut into tile country to make the Leal of them-
selves. Tursirr was not present: but Randall drank success
to the test man. The latter has plenty of worh cut out for
bin:, as Scroggins is to fight him, will or lose, for 100/.

CLEIIICAL WILLIAM DAwes,
Arch-
bishop of York, was- very fund of a pun. His
Cltfrgy dining with him for the first time alter he
had lost his Lady, he told their, he feared they
did not find things in so good order as they used
to be in the"tiMe of poor Mary, and looking ex-
tremely stirrowftd, added, with a deep sigh,
" She was indeed Mare pdcificum!" A Curate,
who pretty well knew what the had been, called
" Ay, my Lord, but she was More mortutan
first." The Archbishop gave hint a bring of
'2OOl. per annum witliin two months.

THE COLONILS.

NOVA NCO I'LL

The SUBSTANCE of a JUDGMENT delivered in the COURT
of VICE-ADMIRALTY at HALIFAX. in Nova Scotia,
on the 24th day of August, 1818, in the CASE of the
Schooner NABBY, THOMAS STANDLEY, Master, by
CItOFTON UNIACKE, Esq. Judge of that Court.

[Continued from Zrierday's Sus.)

I have given to this subject the most serionq
, attention, and have considered fully the inge.
niouS arguments which have been pressed upon
the Court by his Majesty's Advocate-General;
and I am perfectly satisfied, that I should not be
justified iu Ott:Tiling rite powers which it 1t,4
been contended (kis Court possesSes. Did the
• cause rest, therefore, entitely upon this ground,
it would be my duty to direct it to stand over
until farther instructions should be given by his
Majesty's GovernMent but another point hits
been submitted to my consideraticin; tt loch may
render such delay unnecessary, dud 1 shall prO.
teed ro state the reasons which I deem onflicient
to sOppoit the judgmeut about to be pionounced.
The point now presented to the Court arises
under the laws of 'trade and navigation, and it It
contended, that thit Vessel, her appintenancet,
and every thing laden on board of litr arc liable tai
confiscation, for having illegally imported goods,
wares, and nierchandize into ft port of this Pro.
Alice, she being a vessel tint owned ali,l navigat.
en as vessels are required to be, to entitle them tr)
the privilege of trading with the Colotrie.
Qu'e'stibus arising under the laws Made for the
regulation cif tr4de and navigation arc not only
clearly within the jtoisdiction of this Court, but
require its ritinoSt attention ant; care, lest the
ignotanCe or the arts Of commercial speculatorS.
should interrupt the operation of ti 's.ystein trameti
for the greatest natieiutil prirptises ; and which
haS been found to realize the best hopes of
tho,e enlightened Minds ny which it, was con-
ceived auel rnatiired. It would scent tinneeessitry
fOr the, in .considetiog a question 'confined withiti
die narrow hounds of a fetv clause's of an Act of
1331-liiment, to take an extensive view of the whole
system ; but as the Court is iii,der the neceSsiti-
fsetliog the rules which are to govern it, its
the construction of this particular Act, from an 'en-
larged conception of the general spit it of the
whole systeni, it must take a comprel ensiVe view
of time great designs Tor which it was wisely con..
trived.

Those leiWs took their 'rise in the profound and
enlightened views WhiCh eitperiene:,. had offered
to the acute and reflecting mind, of the true basin
on which might be erected the fabric of a great
nation. And however that system may have beet'
extended and improveti, by the various
altera-
tions and additions which grew ont of new Leh-
lions and more cortiplicated 15,iblie interests, the
saute spirit kV hicit is manitest io the provisions of
the earliest laws may he traced through every sue.--
ceeding regulatiou. They rise to the contesopla
lion of the linthan mind with a regulariti.lat once
Clear and 'coMplicated and may be .conside'red
beautiful Specimen of positive laW, in 'whicli
the profound and coniPrehensi.e SpeCidations of
political economy are admirably blended with thit
useful and practical reghlations of mercantile
ptriencii. The wisdoM of the 'policy which pro-
jected, and of the care which was constantly
taken to render tliis System more perfect, wai
`Very soon discovered in the beneficial conse-
quences Which resulted to the nation. It was
"Soon found that those admirable iegulations Were
adapted to strengthen and enrich the mother.
country, while they gave a prrmanrncy of cha-
racter to her distant possessions, which !Mist bait)
been entirely lost in the contusion of a loose and
unrestrained cormberce. As this system advanced
to that perfection in which we now find it, those
nations whose int rests seem to have been
Fleeted in the promotion of our own, did not
tat 1 to discover what they affected to consider a
narrow and ifliheral feeling, ineonsistent with.
those dignified and generotiS sentiments which,
should always govern the policy of oation,.
But while Great Brit in increased in national,
greatness, and commercial prosperity, she viewed
the eti'Vy ami jealousy of other nati *ns merely a,l
a pc; ertul confirmation of the wisdom of hei

plan
Those laczis fortti a code ‘ihibli it is the duty of
this court to gutild troth the slightest -violation
their importance c4onot be (tiny estitiiated, anti
they, whose winds are too limited to trace the
progieis of air national prosperity in the rigid
execution of thew; niLlit be awakened to a si list

of their by the rapid declioe of our great—
ness, which would be the conseqnence of therc
relaxation. In viewing the sitohject in this light,
the first object that strikes the wind, is the great
design of couhning to hritish subjects, as far as it
could piissibly be elT,•cted, the commerce of tha

British Colonies. For this purpose no goods;
Wares or merchandise can he imported into, or
exported from, the Colonie's, unle,s in British-

built vessels owned by Britishsubjects; and oa.
tigated. by the mister and three-totirthi 01 the

.•.
crew subjects of Great tinder pain of for-
feiture of ship and goods. This part of the law
is as clear as the plainest terms can make it ; huf
were the Court to adopt a constrisction, which
should be restrained to the very piecise meanin;;-
of the words, the spirit of this law, as well as or
the whole sys.em, would be violated. It it Should
be said that the word imported means the *lewd
lauding of goods, ward or Merchandise, and that
no penalty could be inflicted except in a case
where that fact was positively proved ; or, that it
the owner could make out by the evidence of hith-.
self and crek, that no articles were landed from
the vessel; she ought tiecesatily to, lie reittired;
it would follow that s foreign vessel might en—
ter the hat-bouts of a Colony or Plantation

out permission, tool remAill there until a suitable

. _
occasion should offer to kittl her cargo. But
construction would lie• 'evidently in ;iipOsition to
the true Spirit and awaiting otiliis clause, out
would render useless and UnaVAilitig every iirovi-
siain Of the laws tit- tiade and navigation; which
are cieaq fotinded the design to reserve the
privileges of trade to British subjects, and to ex-
clude tbrrigneri from participating therein. I
catimit coneeive two ideas inure inconsistent with
each other, than a law posi..ively decialing that

foreigners. shall not trade with the Colonies, and
et the same time a loose permission to enter the
harbours of those Colonies, and to continue there
it may suit their own convenience or favour
their own views. •

It has been contended, that the presumption
which arises from a yessePs•entering an interdict-
ed harbour, namely, that she came there with an.
intention to trade, may he overcome by strewing
circumstances which prove that no such intention
exkted ; and that it, for instance, it were made
(sot to time satisfaction of the Court, that the ves-
sel was merely in ballast, the presumption of her
importing goods, wares, and merchandise would'
3w completely destroyed, and she ought to be ac-
Thrilled. But it should be remembered that the.
I,IA s which prohibit the importation of goods
make the exportation equally penal; and if yes-
Is were allowed to enter the harbours ut
101iy in ballast, what protection•could be •given to
Vie lawful trade of British subjects? Would not
such permission throw open the ports and
11..40)0111.s of this country to the free trade of
eery American, vessel ?- Under such a vague
anti preposterous construction of this whole-
some and rigid system of laws, it would only
be necessary for a foreign vessel to lie at an-
chor in our harbours, until an opportunity of-
fered to ship goods for exportation, which might
be done without.fear of interruption, in almost
every harbour of this Province. To prevent the
certain consequences of such a construction, it
would require every inhabitant of this Province
to be a Custom-house officer, and to be employed,
,day and night, in preserving the trade of the:
,country from the monopoly of the enterprising
adventurers of the neighbouring country. It is
well known, that even the most rigid execution
•of the laws of trade is not sufficient to deter the
eager speculator from engaging in the commerce
of these colonies. The contiguity of the harbours
of the two countries makes it almost impossible,
'under every restraint that human laws can im-
pose, tO prevent a system of smuggling, destruc-
tive of the interests of the honest British mer-
chant, and productive of the most pernicious
consequences ;—in weakening the sense of the
moral obligation of the laws, and in tempting the
knhabitants of this colony to blend their inte-
rests with those of the depraved and lawless ad-
venturer, rather than to strive by an honest and
gratefnl all-giance to uphold the nation which
protects them. Shall this Court then declare, by
its solemn decisions, that the laws allow such an
entry into the harbours of this Province ? Shall
.it say it is prohibited that you should import and
export goods, but you may come as harmless and
tpitet people, to view the beauties of the sur-
rounding scenery, and to pass your time in inof-
ttrnsive indolence.

_
It has also been advanced, as a doctrine, to this
Court, that although these principles may be ap-
plicable to vessels ostensibly equipped for trade,
and which are constantly engaged in contiuerce,
yet they ought not to be carried into rigid effect
against vessels of a distinct character. And an
exception has been made in favour of vessels
manifestly fitted out for the fishery, and which
could not be supposed to have commercial objects
in contemplation. But so far from considering
vAsels of this description as entitled to any par-
ticular faVour, or to which a relaxation_ of the
laws might be made without soy dangerous con-
setpiences, they are to be viewed o+li more cau-
tion by this Court , and to he wati bed with more
jealousy, by Officers of rite Customs, titan those
whose character is more open and unequivocal.—
These vessels, it is said, leave their own ports
I,Moot a cargo, ostensibly bound to' their fish-
ing stations, and as such cannot he considered as
objects of suspicion : but, under the sanction of
such impolitic liberality, they would no doubt
avail themselves of the opportunity afforded to
them, of landing goods in such ports as they may
be allowed to enter. A vessel avowedly engaged
in trade, necessarily becomes an object of imme-
diate attention to those who are entrusted with
the execution of the laws; but a little, and ap-
parently an insignificant vessel, may, front the
very character she assumes, he the most dangerous
enemy to the system which this Court is bound to
protect. To give full efficacy to every regulation
which the laws have prescribed for the trade of
this Colony, is one of its highest ditties, and it
is essential to the great objects thus entrusted to
that every barrier, which the words and spirit
of the laws will permit, should be raised around
them, and that a narrow vet bal construction
should not opet ate to defeat the evident imention
of them. In extenditr.o, the penalty of those laws
to vessels entering the harbours of this Province,
without a jostifiabre cause, I find myself support-
ed by the very highest authority ; and I shall
proceed, in the first place, to consider the various
caves in which, I think, this doctrine may be
found ; and then, I shall take a view of the cir-
cumstances of the case before me, and of the
grounds upon which the claimant has attempted
to justify the entry into a harbour of this Province.
The first case I shall notice, under this head,
is that of the Eleanor, Hall master (Ist Edward's
Reports, 135.) That vessel was condemned in
this Court, while Sir Alexander Croke presided in
it, and the case went before Sir William Scott by
appeal. The principal ground of condemnation,
and upon which likewise the sentence was con-
firmed by the 1-Ugh Court of Admiralty, was, that
the vessel, having a foreign character, entered
the port of Halifax in distress. Sir William Scott
—" It is, I presume, an universal rule that the
mere act of coming into the port, though without
breaking bulk, is prima facie evidence of an im-
portation. At the same time,' this presumption
may be rebutted, but it lies on the party to assign
the other cause ; and if the cause as assigned turns
out to be false, the first presumption necessarily
takes place, and the fraudulent imputation is fast-
ened down upon him." The second case is that
of the Dart, Ramage master (Stewart's Reports,
page 301.) Site was an American vessel, seized
by the collector of this port for an importation
into this province, contrary to law. Sir Alexander
Croke—" Nothing short of a necessity can justify
hi* entering the port of Halifax ; It was his own
voluntary act. The original voyage might have been
completed, which was to Philadelphia ; it was mat-
ter of choice, of mere prudence, ter fly from the eta-
bargo to Halifax. Entering the port primafacieis an
irnportatioo„ unless it can be justified. It cannot be

explained away by any illegal design. To take in
provisions not "fr )m necessity is an exportation,and
contrary to law." The third case I shall men-
tion is that of the Patty, a vessel condemned in
this port for baying entered it without a justifiable
cause.—(Stewart's Reports,299.)—Sir Alexander
Croke thus expresses himself—" A necessity to
justify the breach of a law must be an immediate
natural necessity, not a mere remote moral neces-
sity. It must be an imminent danger of perish-
ing." Besides these cases, which are as clear and
as much to the point as it is possible, it is well
known, that by the statute law of Great Britain
foreign vessels arc not allowed even to hover
about the shores of these Colonies ; and that it
found within a specified distance after a warning
to depart, they are liable to confiscation. So far,
'therefore, from any loose permission to enter the
harbour's of this Province, with or without a cargo,
being consistent with the words or spirit of this
'general system of laws, foreign vessels are not
.allowed to approach within two leagues of the
shorts. The hovering. act, as it is called, was
made to establish a greater degree of strictness
in the execution of the laws regulating the
plantation trade than had been observed, and
strengthens the position which I think it neces-
sary to take in this case.
If we look to the decisions which have been
mule in cases of blockade, we shall find the prin-
ciples which are applicable to vessels entering an
interdicted port much more rigid than any this
Court has yet advanced for the protect ion. of the
Colonial Trade. The mere circumstance of the
vessel's sailing towards the blockaded port with
an intention to enter it will work the forfeiture ;
neither is site permitted to enter such pout in bal-
last or for the supply of water. In the case:of
the Exchange (1 vol. of Edw. Reports, page 42),
Sir William Scott says, " If it were once ad-
mitted, that a ship may enter an interdicted port
its supply herself with water, or on any other pre-
tence, a door would he open to. all sorts of frauds,
without the posssihility of preventing there." In
the case of the Comet (1 Edward's Reports, 32),
the sante great man observes, " It has not been
contended that a ship may enter a blockaded port
even in ballast ; that is a point upon which this
Court has already decided ; if wrongly the deci-
sion must be corrected elsewhere." Now I con-
sider the ports of this Colony as interdicted, and
that according to the true spirit and meaning of
time whole system of laws, foreigners cannot enter
the same without some reason that may be held
sufficient to relax their strictness. It is notorious
that the harbours and ports of this Province afford
the greatest- facility to smugglers ; the small num-
ber of their inhabitants, and the want of officers
of the customs, are circumstances which render
more caution necessary in this country than might
be found requisite in Great Britain. I shall there-
fore consider myself bound to adopt those prin-
ciples which are applied to cases of this nature,
in their utmost rigour, and shall now proceed to
consider the facts of this particular case, and to
examine whether the' causes assigned for entering
a harbour in this Province are sufficient for her
justification. •
(To be continued.)

POLICE INTELLIGENCE.

DARING ROBBERY.
Bow-STREET.—Yesterday John Ray and James Edwards
were brought to the Office, and underwent an examination
before GEORGE HICKS, Esq. the Sitting Magistrate, charged
with a most daring robbery, in conjunction with two others,
in Bear-street, Leicester-square, on Tuesday night, between
nine and ten o'clock, whew the Rev. Mr. Vickerey, the Curate
of the Parish of St. Paul's, Covent-Garden, was attacked by
the prisoners and the others of the gang. He was accosted by
the prisoner Edwards, whom Mr. Vickerey resisted, and de-
sired him to keep off, when the prisoner Ray instantly snatch-
ed at Mr. Vickerey's watch, chain and seals, and succeeded
in forcing out the watch from the fob. The watch cost
80/. and the chain and seals were worth upwards of 801. The
prisoners and their companions raised the cry of stop thief
very powerfully, but were stopped by William Jones, belong-
ing to the Other, who happened to be near the lintel at the
corner of Bear-street and Leicester square, and with the as-
sistance of a watchman they were both savored. The pri-
rune'. Bay had given the watch-chain and seals, after he had
snatched it, to the prisoner Edwards. The prisoners were
committed. They were only discharged oa Saturday night
from an accusation of felony.