Star.
London, England, 1824-04-24 00:00:00

ItAvENCA V. MACKINTOSH.

This was an action to recover for a malicious arrest.
The plaintiff is a na:ive of South America, and Pieni-
potentiary (nit received) from the Colombia❑ Govern-
ment tuland.—The defendant is Mr. Mackintosh,
a merchant in London.

The plaintiff alleged that the defendant, maliciously
and without probable cause arrested him for a pretended
debt of 90,0001. and detained him in prison two months.
Mr. Sommers. stated the case. It appeared that the
difendant, in 1521, entered into a contract with Din
Leah Mendez, Minister, with full commercial and po-
l.tical powers, from the Colombian Republic, to supply
the South American Patriots with muskets, powder,
clothing, and equipments. The goods were shipped
and sent with a supercargo to Carthagena,. m here they
sere received by Ravenga. Before the goods were
sent, Mendez gave a debenture to Mackintosh as a secu-
rity for payment. In 182'2 it was expected the deben-
ture would have been ratified by Ravenga, who was
then the Minister vested with full power to settle de-
mands on the Colombian Government; but some ob-
jections arose on the contract, and Ravenga withheld
his sanction. The defendant then applied for the opi-
rim of Counsel respecting the liability of the parties.—
The Solicitor-Gerieral, Mr. Wetherell, and Mr. Willis,
"ere of opinion the Government of Colombia were
liable. Mr. Espinasse the Special Pleader, was of
i;,inion that Ravenga was liable to be arrested, and
compelled to plead in abatement, that the Govern-
ment of Colombia were liable to pay for the goods
sold and delivered. Mr. Ravenga was then written to
by the defendant's Attorney. The letter contained the
following passage:—" I therefore beg to apprise you,
that by the law of this country, you ate personally
I:able to pay the debt, and unless you do, or make
i.ome arrangement, I shall proceed against you for the
recovery of the same." The plaintiff was arrested on
the sth of March, and as it was almost impossible to
find bail for 96,0004 he went to the King's Bench
Prison. No steps were taken during Easter and Trinity
'Perms. In Michaelmas Term the defendant did not de-
clare against him, but finally obtained an order to dis-
continue and put an end to the action. The plaintiff
suffered imprisonment nearly two rhombi, and it was
contended that the defendant's object was not to make
him pay 90,0001. but force him to give effect and value
to the debenture which he did not then possess. The
arrest and legal proceedings were proved by w itnesses.
The ATTORNEY-GENERAL was heard for the defen-
dant. He considered Ravenga one of the Colombian
Government. Mr. Mackintosh had acted under the
opinion of a'professional man, and therefore malice
could not be imputed to him.
Don Lewis Mendez, being put in the witnesses-box,
was examined by a Spanish Interpreter.—The witness
detailed the nature of the contract entered into with Mr.
Mackintosh. He produced two letters from the Minister
of the Colombian Government, under which he was au-
tarn ized by the Provisional Government to make a con-
act tor the goods in question. The contract was to be
ratified at the meeting of Congress. lle came to this
country in 1810, as the representative of the Govern-
ment of Venezuela. The debenture paid to the defen-
dant was issued by Mr. Zra, subject to the subsequent
approval of the Government.

Mr.llornhy, the defendant's Attorney, proved an ap-
plication having been made for the opinion of Counsel,
and that Mr. Eirinas,e, the Special Pleader, was of
opinion that Mt. Itavenga was liable to attest, after
which he might put in a plea in abatement, making the
Government of Colombia liable.
Mr. SCARLETT, in reply, complained that the defen-
(lan; had not produced the debenture in Court. That
wurnent would have proved that Itavenga was not

liable. It was a case for damages. A respectable man, I
said Mr. Scarlett, arrives in this country on a public
mission. He comes to do that which was just and ge-
nerous, and is thrown into prison for 90,00)/. The
foreigner in such a case has claim to large damages.
Consider what would be your own case if you went
into a foreign country, not having your friends at hand,
and you were thrown into prison for a debt you never
incurred, could you conceive anything more detestable
to your feelings? You will convince foreigners that if
the law is abused and they are thrown into prison, that
they will find redress, and that a Jury will vindicate the
honour and character of the country.
The LORD CHIEF JUSTICE left the Jury to say whe-
ther Mr. Mackintosh acted upon an honest conviction
that he was following a legal opinion? If they thought
he did so act, they ought to filed a verdict for the de-
fendant. His Lordship censuied in severe terms the
language used by the Attorney, who had stated that
ltavenga was bound to pay by tlie law of the land.
Attornies were not justified in stating the law as n
threat. In case the Jury believed the defendant had
acted with malice, they ought to give moderate damages.
The Jury retired from the box, and on their return
found a verdict for the plaintiff—Damages, 2501.