Star.
London, England, 1812-02-06 00:00:00

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EAST INDIES.

BOMBAY, JULY CO.

The Sessions of Oyer and Terminer and General
Gaol delivery for this place were holden on Saturday
last, before Sir James Mackintosh and his Associates,
and continued till late on Tuesday evening following.
The Grand Jury having been sworn in, the Re-
corder proceeded to deliver to them a charge which
was rendered more than ordinarily interesting by the
notification it contained of his approaching departure
for his native country.
We have it in our power most fortunately to give
outline of this impressive and eloquent
charge, and we have also been gratified by a perusal
'of the letter written by the Grand Jury on the occa-
sion, which we are enabled to insert, with the Re-
Corder's answer;

66 Gentlemen of the Grand Jury—The present ca-
/cedar is unfortunately remarkable for number and
enoitiity of crimes. To what cause we are to impute '
the very uncommon depravity which has in various
forms during the last twelve months appeared before
this Court, it is difficult and perhaps impossible to
determine ; but the length of this calendar may pro.
bably be, in a great measure, ascribed to the late
commendable disuse of irregttlar punishment at the I,
Office of Police, so that there is not so much an in-1
crease of crimes as of regular trials. To frame and
maintain a system of police, warranted by law, vigo-
sous enough for protection, and with sufficient legal
restraints to afford a security against oppression,
must be owned to be a matter of considerable diffi-
culty in the crowded, mixed, and shifting population
of a great Indian sea-port. It is no we nder then that
there should be defects in our system, both in the
efficacy of its regulations and the legality of its prin-
ciples; and this may be mentioned with the more
liberty, because these defects have originated long
before the time of any one now in authority ; and
have rather, indeed, arisen fromehe oecrtition of time
and chance on human institutions, than from the
fault of any individual. The subject has of late oc-
cupied much of my attention. Government have
been pleased to permit me to lay my thoughts before
them, a permission of which I shall in a few days
avail myself; and I hope that my diligent enquiry
and long reflection mey contribute somewhat to aid
their judgment in the esteblishment of a police which
may be legal, vigorous, and unoppressive.
66 In reviewing the administration of law in this
place since I have presided here, two circumstances
present themselves which appear to deserve a public
explanation. The first relates to the principles adopted
by the Court in cases of commercial insolvency. In
India no law compels the equal distribution of tee
goods of an insolvent merchant. We have no system
of bankrupt laws. The consequence is too well
known. Every mercantile failure has produced a
disreputable scramble, in which nn individual could
be blamed, because, if he were to forego his rights,
they would net be saei irked to ecelitahle division, but
to the claims of a competitor no better entitled than
himself. A few have recovered all, and the rest have
lost all. Nor was this the worst. Opu'ent commer-
cial hr we, either present or well served by vigilant
:Tents, almost always foresaw insolvency in such
time as to secure themselves. But old officers, vvi-
dews. and orphans in Europe could know nothing
of the decaying credit of their Indian hankers ; and
they had no agents but those bankers themselves.—
They, therefore, were the vicfms of every failure.
The ride generally saved what was of little conse-
quence to them, and the poor almost astantly lost
their all. These scenes have tiequently been wit-
nessed in various carts of India. They have formerly
occurred here. On the death of one unfortunate gen-
tleman since I have been here, the evil was rather
dreaded than felt.
66 Soon after my arrival, I laid before the Mitish
merchants of this island a plan for the equal distribu-
tion of insolvent estates, ut hich accident then pre-
vented the adoption. Since that time the principle
of the plan has been adopted in several cases of ac-
tual or of apprehended insolvency, by a conveyance
of the whole estate to trustees for the equal benefit of
all the creditors. Sonte disposition to adopt similar
arrangements appears of late to manifest itself in
Utirope ; and ctntairdy nothing can be better adapted
to the present (leek and unquiet conditicia of theccm-
mercial world. Wherever day are adopted early,
-they are likely to ptevent bankruptcy. A very in-
telligent
merchant justly observed to me, that tin-
der such a system the early disclosure of embar-
eassment would not be attended with that shame
stn danger which usually produce concealment and
einel ruin. In all Cases, and at every period, such
nrrangements would limit the evils of bankruptcy to
the least possible amount. It cannot therefore be a
matter of wonder that a Court of Justice should pro-
'exet such a system with all the weight of their opinion
end to the utmost extent of their legal power.
.1 I by no means preseine to blame rhos.-' creditors
who, on the first prep:tell of this experiment, with-
heed their consent, and preferred the assertion of their
legal eights. They had, I dere sayebeen ill-used by
their dcbtr s, who might pneonelle be entitled tono
indulgence fr.ea them. it is too much to require of
men, that melee- te.e influence el' c-:ti_l diss preeminent
and very just tesentmeee they should estimate a plan
of public utility in the r .7ne :winner with the d tpes-
isteowe and disinteiesteti sp.etette—but ceperience
And reelection will in time:each to - leettleit in see king
to grtily ajtret resentment apeiret a culpable instil-
verit, they rn tact direct their hostility against the un-
offeidieg and heleless part r f their fake/ creditors.
one detect in this eoamtery Ert,:m of Bankrupt
Laos must be owned to be considereble. It is plc).
scaled by no penalties against the fraudulent conceals
acne of property. Thew i; ae ent-s.ituLe for each

penalties but the'determinedand vigilant integrity of
trustees—l have therefore with pleasure seen that
duty undertaken by European Gentlemen of charac-
ter and station. Besides the great considerations of
justice and humanity to the creditors, I will confess
that I am gratified by the interference of English
gentlemen to prevent the fall of eminent or ancient
commercial families among the natives of India.—
The second circumstance which I think myself now
bound to explain, relates to the dispensation- of the
penal law. Since my arrival here in May, 1804., the
punishment of death has not been inflicted by this
Court. Now the population subject to our jurisdic-
tion, either locally or personally. cannot be estimated
at less than two hundred thousand persons. Whe-
ther any evil consequence has yet arisen from so unu-
sual (and, in the British dominions, unexampled) a
circumstance as the disuse of capital punishment, for
so long a period as seven years, among a population
ro considerable, is a question which you are entitled
to ask, and to which I have the means of affording
you a satisfactory answer. The criminal Records go
back to the year 1736.
" From May 1756, to May 1763, the capital con-
victions amounted to one hundred and forty-one—
and the executions were f rty-seven. The annual
average of persons who suffered death was almost
seven, and the annual average of capital crimes as-
certained to have been perpetrated was nearly twenty.
From May 1801., to May 1811, there have been one
hundred and nine capital convictions—the annual
average therefore of capital crimes legally proved to
have been perpetrated during that period, is between
fifteen and sixteen. During this period there has
been no capital execution. But, as the population
of this Island has much more than doubled, during
the last 50 years, the annual average of capital con-
victions, during the last seven years, ought to have
been forty, in order to shew the same proportion of
criminality with that of the first seven years. But
between the year 1796 and 1763, the military force
was comparatively small. A few factories or small
ports only depended on this Government.• Baween
1804 and 1811, five hundred European Officers and
probably four thousand European soldiers were
scattered over extensive territories. Though honour
and morality be powerful aids of law, with respect
to the first class, and military discipline with respect
to the second, yet it might have been expected, as
experience has proved, that the more violent enor
mitres would be perpetrated by the European sol
diery, uneducated and sometimes depraved as many
of them must originally be, often in a state of mis-
chievous idleness, commanding, in spite of all cafe,
the means of intoxication, and corrupted by con-
tempt for the feelingS•and rights of the Natives of
this country.

" If these circumstances be considered, it will ap-
pear that the capital crimes committed during the last
seven years, with no capital execution, have, in pro.
portion to the population, not been much more than
a third of those committed in the first seven years,
notwithstanding the infliction of death on forty-seven
persons. The intermediate periods lead to the same
results. The number of capital crimes in any one of
these periods does not appear to be diminished either
by the capital executions of the same period or of
Ithat immediately preceding. They bear no assigna-
ble proportion to each other. In the seven years Im-
mediately preceding the last, which were chiefly in
the Presidency of my learned predecessor Sir William
Syer, there was a very remarkable diminution of ca-
pital punishments. The average fell, from about
tour in each year, which was-that of the seven years
before Sir William Syer, to somewhat less than two
in each year. Yet the capital convictions were dimi-
nished about one third. The punishment of death is
! principally intended to prevent the more violent and
atrocious crimes. From May 1797 there were eigh-
teen convictions fy murder, of which I omit two, as
of a verb particular kind. In that period there were
' twelve capital executions. From May 1804., to May
1811, there were six convictions for murder, omit-
ting one which Was considered by the Jury as in sub-
stance a case of manslaughter with some aggrava-
tion. The murders in the former period were there-
fore very nearly as three to one to those in the latter,
.
in which no capital punishment was inflicted. From
the number ot convictions I of course exclude those
cases where the prisoner 'escaped, whether he owed
his safety to defective proof of his guilt, or to a legal
objection. Tais cannot affect the justness of a com-
parative estimate, because the .proportion of crimi-
nals who escape on legal objections before Courts of
the Same law must, in any long period, be nearly the
same. But if the two cases, one where a formal ver-
dict of murder, with a recommendation to mercy,
was intended to represent an aggravated manslaugh-
ter, and the other of a man who escaped by a repug-
nancy in the indictment, where however the facts
were more near manslaughter than murder, be ad-
ded, then the murders of the last seven years will be
eight, while those of the forme seven years will be six-
teen. This small experiment his therefore been
made without any diminution of the security of the
lives and properties of men. Two hundred thousand
men have been governed for seven years without a
capital punishment, and without any increase . of
crimes. If any experience has been acquired, it has
been safely and innocently gained. It was indeed
impossible-that the trial could ever have done harm.
It was made on no avowed principale of impunity, or
even lenity ; it was in its nature gradual, subject to
cautious reconsideration in every new instance, and
easily capable of being altogether changed on the
least appearance of danger. Though the general
result be rather remarkable, yet the usual maxims
witch regulate judicial discretion, have in a very
great majority of cases been pursued. The instan-
ces of deviation from those maxims scarcely amount
to a twentieth of the whole convictions. I have no
doubt of die right of society to inflict the punishment
ot death on et:or/nous crimes wherever an inferior
punishment is not siitli:ieet. I consider it as a mere
niodificataet of the right of self-defence, which may
as justly be exerciu,d in deterring from attack as in
repelling i:. I abstain fiom the discussions in which
benevolent and enlightened men have, on more sober
priacipli.s, enleavouted to slim the wild. m of; at
seat, confining the punishment of deter to the highest
class of crimes. l do not even press :n.: in this place
to gave an opinile regarding the attempt which has
keen made by one wuom I consider as among the
wisest of most virtuous men tE the present age to
render the letter of our penal law more conformable
to its. practice. My only obikxt is to shew that act

evil has hitherto resulted from the exerche of judicial
discretion in this Court. I speak with the less reserve'
because the present Sessions are likely to afford a test
which will determine whether I have been actuated
by weakness or by firmness, by fantastic scruplesend ir-
rational feelings, or by a calm and steady view, to,
what appeared to me the highest interests of society.'
I have been induced to make these explanations by
the probability of this being the last time of my ad-
dressing a Grand Jury from this place.
“ His Majesty has been graciously pleased to ap-
prove of my return to Great Brita;n, which the state
of my health has for' some time rendered very de-
sirable. It is therefore probable, though not certain,
that I may begin my voyage before the next sessions
—ln that case, Gentlemen, I now have the honour
to take my leave of you, with those serious thoughts
which naturally arise at the close of every great divi-
sion of human life, with the most ardent and unmix-
ed wishes f x the welfare of the community with
which I have for so many years been connected by an
honourable tie, and with thanks to you, Gentlemen,
for the assistance which many of you have often af-
forded me in the di,charge of duties which arc neces-
sary indeed and sacred—bet which, to a single Judge,
in a recent Court and small society, are peculiarly ar-
duous, invidicur, and painful."
At the elo,e of the Sessions, the Foreman of the
Grand Jury delivered to the Honourable the Recor-
der the following letter, to which the accompanying
answer was sent :

TO TUE if oNcr:r.AnLi VII 1.151 LS MACT:INTOEN,ICNT. RLCORDRR

or 114111 BAY.

M• Lonn—We, the Grand Jury, have teamed, with regret,
by the valedictory charge delivered to us at the commencement of
these Stations, that the connection which has fur stern years sub-
sisted between your Lordship and us, in the adm:nis:ratinn.of
public justice, is on the eve of dissolution : hut we trust that those
splendid talents which have rendered your Lordship so conspicu-
ous among the eminent men of the present times, will soon be
called forth for the public • ervice, in a more extended sphere.
Asa mat k of respect we request you willl do us the honour to
sit for your pottrair, which we are des mutt of placing in the hall
where you have so long presided with suck distinguished ability;
and with c•+rdial wishes for your sate return to you: native coutt-
•ry, we have the honour to be, my Lord, your Lordship's obe-
dient servant,,

Grand Jury Room, July 16. W. T. MONEY, Foreman
Bombay, July 17, 1811.
5,a-1 request that you will prssent my grateful acknow-
ledgments to the Grand Jury for tlw address with which they
have honoured me.

Coni.ciuus rectitude must often be the sole rapport of a Magi-
strate, whose most unpoplar duties may be the most useful; bu'
it would betray unbecoming confidence to be indifferent to the
it—
liberate and final approbation of a boay of gent lernen, most o:
whom have been long and near observers of any official cusiluc•
and who both from their private character and their public film:.
antis, are entitled to sin ak in tie name of the community.
However humbly I may estimate nay understanding, and how
much snever I must therefore ques. ion the justness ot your com-
mendations, I cannot doubt their sincerity. Flattery is not an
English vice ; and there can be no motive to flatter a person frum
whom nobody has any tong to hope.
I must, then, ascribe the par is ity which bas dic a'ed these
praises to your long observation of a quality widen I may claim
for myself without hesitation, and without 'Tess inption—a most
earnest desire to administer justice accurcliag to the dictates of
conscience and humanity.
In that conviction I receive these praises as a higher honour than
if I had presumed to think thou more strict ly just.
As soon as I reach Ur •at I shall fake measures for com-
plying with the desire, so hnaourahle to me, which the Grand
Jury have been pleased to express.
I have the honour to be, Sir, your most ohediesit humble 1114
lUD; JAMES MACKIN POSH.

SPANISH PAPERS.

SUPPLEMENT TO THE REGENCY GAZETTE.

CADIZ, JAN VARY 21.
Lieutenant-Ge•ner.tl a:a Nicholas Mahy, General
in Chief of the Third Army, writes from his head-
quarters at Alcoy, of the date of the Bth install., to
the Chief of the General Staff, remitting him the let-
ters addressed to him by Don Martin tie la Carrera,
General Commandant of the Cavalry of the Third
Army, and by Brigadier Don Juan Creagh, General
Commandant of the Second Division of the same ar-
my, relative to the battle of the 26th ultimo, in the
vicinity of Valentia.
He mentions, that the result of that day was solely
the effect of the enemy's superiority in numbers and
strength ; that the fierceness and even audacity with
which the Second Division fought, reflected the
greatest credit on all its officers, and corresprided to
the ancient met its and se.-vicei of them all ; that the
cavalry, in spite of its numerical inferiority and other
disadvantages, did all that could he expected, in a
combat so unequal ; frustrating by their valour and
their charges the first part e f the enemy's Dian, which
was to place himself between the fortress of Valencia
and the troops under the comm auf of General Ma-
hy, in order to cut off the latter, and, covering the'
retreat of the same troop, partly to that fortress and
partly to the points of Mislata and Chilibella, by
which they retarded fle enemy's movements, fight-
ing with th greatest valour 611 our troops were able
to effect their retreat to the points which they occu.
pied in the entrenched

General Mahy, inconsequence, supports the re-
commendations made by the Generals of Division,
and particularly the Hussars of Ferdinand the V fhb,
Antonio Frondoso, ( who slew a French General of
Cavalry), whom he considers entitled to the Cross
of St. Ferdinand, as well as several of the Chiefs who
were in the action. The corps of artillery completely
did its duty as usual, carrying off 'o Valencia various
pieces of artillery, through the activity and intelli-
gence of their Officers.
He concludes with saying, that he does not trans-
mit the letters of Generals Villacampa and Obispo,
respecting what happened to their divisions on the
day of the 26th ; for the circuitous route which had
been pointed out to them to assemble at the above
position had not given them an opportunity to draw
up their letters; but he would send them as soon as
he received them.

LETTER FRI 24 MARSHAL DE CAMP DON MARTIN DE LA
CARREtt4I TO LIEUTENANT GENERAL DON NICHOLAS
MAIM

Firad•quartcrs, Alden, Dee. 27.
Most Excellent Sir—The cavalry under my com-
mand being placed on the lett of the whole position
of the army, on a ground covered with fruit-trees and
olives in all its extent, skirted by hollow ways, and
particularly by the wall of Manisses on the right
Clank, and by tie Slough of Torrente to my left and
rear, I was obliged to send out reconnoitring parties
to observe the approaches of ltivarroja, in the morn-
ing of the 26th.
thus placed in the defile of Torrente CO horse.
men of the regiment of the King, after having caus.
ea to advance a squadron of dragoons of the same

regiment in the direction atlas Ctiern,, trt
the regiment of the Queen, which Ltd 4t j •
e:
nation. They had acquainted me with the cnd,..
vc•urs of the enemy to throw a bridge over the csr.4.
of Moncada, and at last they ii.fermed ate of tho pat.
sage of the enemy's troop%
and their marehirt.
Rsverroja. to
It was now nine in the morning. ::;Vd f
perceived the regiment of the QUefts retiring in ruj
order, with the squadron of the ling; hae at Ix
throw ir. my Gant zumutuej
same time I received repeated informatiea from te.,
left that. an enemy's column, of about 100 u inf.ntri
infantry-, coaq.,:ing of about
and 400 hors?. were marching with zreat speed t,
to
otakthe meree inha tittsanliko,orwhoiflei
WOO grenadiers, with two squadrons ut Cairat.:e;
and one of Hussars, two 3-pounders, and 2 howitztv,.
—ln this situation, though circumstances ir.d:eata
the propriety of a retreat, our fire not equalling the
enemy's; and since I was destitute of infantry and
artillery, I was anxious that the egvalry should rt.
tain their due confidence in themselv,s, and nut re.
treat without at least trying a charge with the sabre.
I, therefore, auemptod a movement, which was fob
lowed up with the greatest order, I placed my troop,
in echellon, the first line being advanced in an °lig"
direction to the road of Andaya, and the slough of
Torrente.

The first echellon being formed of the cavalry of
the second army, the second of ;he divisions of dn.
goons of the third army, and the third, on that edit*
loft, of the expeditionary corps, with the squadron ni
hussars of Ferdinand the VI Ith. When-this !mead.
'llon WAS forming, the enemy's husstars do-ate/led iro
left, charging rapidly our tiradores. The squadron,
of Hussars of Ferdinand the With being duo or.
idered to face about, charged the enemy bravely, yo,
lowed by the Hoss.:ri of Castile, an,' supported by
the grenadiers of the 4th aril, under the direetiaik
of Brigadier Rich, with their lances in their rest, rot.
ting them to flight. One General of Division was
killed by a lance, whose insignia, hat, and nos%
the Legion of Honour I transmit to your Excellency,
' especially recommending to you Antonin Fiond
a soldier of the ht c,impany of Hussars of Ferdinand
the \Tilt'', who, after having cut down this Grum,
did not wait so strip him, but heroica ly folheed air
the charge, kill.ng and wounding several others. At
this time the cavalry in our front, who were the cui.
rassiers, and 200 hussars, advanced to sup fart ther
fugitive troops—upon which I also made a charge
wit i the division f the 12‘1 army, cutting dnwn
number of them till within 40 paces admit: infantry.
The latter forming a column agtinstour cavalry, made
us retreat with their fire and chain-skirt, and occa.
sioned some disorder, which vt-ts soon repaired. lie
fief t was left strewed with trophies of this action, mid
the dead and dying of the enemy greatly meek"
our's in number. the squadrons Wing formed again,
I began my march towards Akira. The expealitia.
nary division and the brilli int squadron of Hussars
Of Ferdinand VII. brought up the rear, under dint.
t:on of Brigadier Rich; and our march was conductot
in the best order. Having dispatched an Officer of
the Staff to Alcira, to acquaint that town with what
had happened, and to prepare obstructions at du
bridge, providing workman to render the boats mei
less. I in Torre Eapioca a squadron of Masseurs
of Valencia, to observe and cover the high nad. I
thus detached the squadron of the King to feeder
useless the boats on the left, and other detachments
to those on the right, and to protect the ferries and.
bridge of Cullera, bivouacquing in the square of this
town, where I now am.

I must in justce conclude this ac count, with Oft
claring to your Excellency, th.tt the cavalry et*
my orders have not proved inGror to any o:ber.—
The squ.tdrrn of the 4th regiment of Hassan hr.
ing particularly distinguished itself, and Don Quit,
toval Frontin who commands it, I consider as entitled
to may distinction. This corps distinguished hail)?
the order and discipline with which it charged. The
whole of the troops manoeuvred with the mkt
coolness. The officers displ;yed skill. and the lel.
diers a good disposition. By the sword and tit bolt
let, I have not lost above 150 men, and I trust du;
the troops of observation which are missing will rims
join me: for I have a favourable opinion of their Gat
cers ; and when this event takes place, I will O'
municate it to your Excellency.