The Sun.
London, England, 1827-06-07 00:00:00

The - introduction of our 'admirable system of
jurisprudence has given :the balance in its fa-
vour. It has good laws wisely administered.
Look to Scotland now ! • Where is there a more
sedate, regular, church-going population, in
the world.? •Was the change ;effected by mi-
racle, and at once ? Did the recognition of Presby-
terianism—the Emancipation Question of our
northern neighbours—effect it ? To answer this,
we have only to recollect the rebellion of 1715—the
Porteus mob of 1735—and the rebellion again in
1745. These, especially the last, snfficiently show
how long it is before national habits are changed,
and by how slow and imperceptible degrees. Was
it the peculiarities of their faith that made Scotch-
men good, plain, plodding, careful subjects, instead
of wild, revengeful, reckless reivers? By no means.
Presbyterianism had been planted in the country
during Mary's reign, was recognised by James 1., and
maintained its hold over the people, though not
over their rulers, with strong and undivided power,
until it was triumphantly settled by the Parliament
of England and Scotland in 1707. It was by no
sudden political enfranchisement, still less by any re-
ligious conversion, then, that the condition of the
Scotch was ameliorated ; neither was it by the
adoption of Poor Laws, which have been recom-
mended for Ireland, for Scotland has none to this
day. It was Education. To the Act of William,
of 1696, who, in that respect, may well be styled
" of glorious memory," the improvement of Scotland
Is solely to be attributed. Learning, which, as the
Poet has truly said—

" Emollit mores nee sinit esse feros ;"
which not only humanizes the manners, but is in-
compatible with ruggedness of manners, converted
the Scotsman from a stern assertor of the doctrines,
into a devout practiser of the precepts of religion ;
it pointed out his subordinate, as well as his highest
interests, and, showing the necessary connection be-
tween peace and prosperity, changed the riotous
breaker of the law into its most active supporter.
These changes were, as we have said, gradual; and
in those regions precisely whither education was
latest introduced—the Highlands—did the remains
of former disorder latest remain, but light came
there at last; and where no man durst have trusted
himself without a safe convoy from a feudal laird, a
Cockney may now go a simpling with as little fear
as on Primrose Hill. He will find himself as secure,
perhaps more so, amongst the wilds of Lochaber, as
he would in Kensington Gardens. What remains
then ? Is the question with which we begun an-
swered ? We think it is. And we add, that not
only is the remedy made known, but the form in
which, and the instruments by which, it should be
administered. !lutatis mutandis, the Scots Act of
Parliament would almost serve the purpose. A very
few modifications, perhaps a few amendments, are
all that is necessary.—New Times.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, GUILDHALL, JUNE 6.

AITIEN V. BEDWELL.

The plaintiff was a common sailor on board the
Symmetry, a merchant vessel, of which the defend-
ant was the Captain. This was an action of trespass
for an assault, battery, and false imprisonment. The
case of the plaintiff, who sued in forma pauperis,
was conducted by Mr. PLATT alone. In March,
1825, the defendant engaged the plaintiff to go on
board his vessel as a mariner, and they arrived on
the 25th of April at Constantinople, where a part
of their cargo was discharged. They proceeded
thence to Odessa, and, whilst lying there, the Cap-
tain
of a merchant vessel wanted assistance, and
some of the crew of the Symmetry were sent to him.
On sending them back he gave them a dollar, which
was laid out in wine. This was on the 11th of
June. About nine in the evening, the plaintiff
and several of the crew, who had brought the wine
on board their own vessel, were drinking the wine
and singing sea songs, when the Captain suddenly
made his appearance, and desired him to put out the
candle. The sailors begged leave to keep it alight
until their Winiper was over. The Captain returned
in a quarter of an hour afterwards, and finding that
the candle was still alight, kicked it out, knocked
down the wine, beat the plaintiff, and ordered his
mate to go on shore and fetch the Russian soldiers.
About twelve o'clock the soldiers came on board,
and, by the direction of the defendant, took the
plaintiff and two more of the crew on shore, and put jl
them in a dungeon, where they remained four days,
without having any thing to eat until the third day,
when the Captain of the Russian Guard gave them a
loaf of black bread. The men remained in prison, in
nearly the same state of destitution, until the 20th
of June, when a barbarous tragedy wes performed.
On the morning of that day the plaintiff and the two
other prisoners were dragged from their prison by
Russian soldiers and placed across a cask. They
expostulated to the defendant, their Captain, and to
the British Consul, who was there, but in vain.—
The plaintiff was stretched across the cask, his arms
and feet were held by four men, his clothes were
torn off his back ; and in that state he received, by
the hands of two Russian soldiers, 100 stripes with
a rope. This British Captain, the defendant, had
the audacity to subject a British sailor to a foreign
rope. After the 100 lashes were inflicted, the plain-
tiff was carried back senseless to the dungeon, and
was left there for days and nights afterwards, with
nothing to subsist on but black bread and dirty wa-
ter. The flesh of his back hung over in lumps, but
no medical assistance was sent to him. On the 2d
of July the plaintiff was brought from the prison to
the defendant, who discharged him from his ship
and gave him four dollars and a half for his wages.
The plaintiff remonstrated against being left in a fo-
reign country, but to no purpose; and after his dis-
charge he was again taken back to prison, where he
remained for many days, until he beard that a Cap-
tain Atkinson, with whom he had formerly sailed,
had come to Odessa. To this gentleman he applied,
and by his means was carried a prisoner to Smyrna,
where the Consul procured his discharge, and he
worked his passage to Bristol, where he arrived in
so exhausted a state that he was forced to go into the
hospital, where he remained some weeks. As soon
as he was well enough to leave the hospital, he
brought this action.
The ATTORNEY-GENERAL, for the defendant,
begged the Jury to lay aside all matters of inflam-
mation, and to judge upon the facts. The defendant
finds his men drinking wine and singing songs, and
he desires them to put out the light; and a quarter
of an hour afterwards he finds the light not put out,
and to put it out he jumped down the forecastle.
You are then told, that a great many blows.'were heard,
and are required to infer that all those blows were
given by the defendant; but I shall show that he
received a black eye, and had his shirt torn. What-
ever was done after the men were taken from the
ship, was done by legal authority under the Russian
laws, which are certainly not consistent with our
forms of proceeding; but for that the defendant
ought not to be made answerable.- It is also con-
trary to common sense to call it the trespass of the
defendant ; for how could he make the authorities
of another country subservient to his influence ? As
men of common sense, can you believe it is in the
power of the captain of an English brig to order
the officers of the Russian Government to take
three of his men, to imprison them, to flog them,
and to keep them as long as he pleases ? Besides,
all that the Russians did on shore was upon a
complaint duly made ; and I do not now say whether
it was truly and properly made or not. The de-
fendant was compelled to send for assistance. The
probability is, that the defendant, in the exercise of
his duty, whilst he was putting out the candle, re-
ceived the first blow ; at all events, the crew dis-
obeyed his commands, and the defendant was not
bound to submit to what ignominious treatment they
might think fit to subject him to, because he was
captain of a British vessel ; nor was he, therefore,
precluded from sending for assistance.
Mr. PLATT replied.
Lord TENTERDEN, in summing up, observed, that
nothing that took place after the plaintiff left Odessa
could be received in evidence in this form of action.