The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-12-13 00:00:00

Wednesday last, it appears that Mr. Lawrence is to
take his seat, as the representation of Rodney Ward,
without having recourse to any further legal proceed-
ings. The majority in the Council acted wisely in de-
ciding as they .have done on this subject. It would
have proved far more mortifying to the faction to have
Mr. Lawrence returned by a fresh election. The ma-
jority in his favour on the present registry would have
inflicted a " heavy blow and great discouragement" on
the cause of Whig-Radicalism in the Borough.
After the decision in the case of Mr. Lawrence the
Council were once more called upon to bestow their
attention on the School question, in consequence of
the iiresenation, by 'Mi.. Isaac:, +kitties,' of
tition signed by two thousand told fifty six. persons,
On the subject of the 'proposed new Corporation
Schools. Mr. Holmes deserves the thanks of the
Protestant community of this town for the bold
and uncompromising stand which he has made
in the Council for the cause of scriptural education,
and for his energetic opposition to the incalcu-
tion of Popery and Socianism in the public schools of
the town. His speech on Wednesday was moderate
and conciliatory in its tone. But how was it met? He
demanded nothing unreasonable or unprecedented. He
merely appealed to the justice and common sense of
the Council on behalf of the Protestant operatives of
the town, and requested that some provision might be
made, out of the public funds, for the education of their
childrem how was this appeal responded to ? Mr.
Blackburn, the Magnus Apollo of the Radical faction,
got.up to designate the motion Vvith which Mr. Holmes
concluded as " &singenous, unjust, and persecuting."
In support of the first of these charges, be said that it
aimed: at one thing, while it professed another. We
defy Mr. Blackburn to substantiate this charge. His
were ipse dixit on the subject is not worth a straw.

The terms of Mr. Holmes's motion, which are
in strict accordance with the language of the
memorial, are as plain and straightforward, as
the. English language can admit of. The Protes-
tant Operatives wish the present schools to be given
up to. the Papists, and pray' that 'the new schools may
be appropriated to the education of the children of
Protestants. Is there any equivocation or disingenu-
ousness in the proposition ? •As to the charges of in-
justice and persecution, they are false and ridiculous.
As the space at our command is limited, we pass by
the intermediate speakers to come to Mr. Earle's
speech,- which was one of the most rancorous in its
spirit ever delivered in even a reformed Town Council.
He commenced with a delectable piece of cant about

the " excellent and scriptural schools" of the corpo-
ration, and said that they were founded on " true
Protestant .principles." He forgot to add that they
were now devoted to Popish uses. He then insinuated
that the Protestant Operatives were under "priestly
influence." Let this conceited and pragmatical per-
sonage dare to say this in the face of any of those
individuals who signed the petition. How does
Mr. Earle know that "not one thousand" had signed
the petition ? His snarling attack upon the Rev. H.
M‘Neile was quite characteristic of a man of mean and
grovelling disposition. The Rev. Gentleman may well
congratulate himself that he is not the object of Mr.
.Terrier Earle's praises. Such a distinction would in-
deed have rendered him an object of compassion. Mr.
Earle's abuse is the highest praise which can be
bestowed upon any one. If this pitchforked Alderman
thinks that his animadversions on Mr. M`Neile's cha-

racter will produce any other feeling than that of un.

mitigated disgust, he is labouring under a very erro-
neous impression. This puny assailant of the Clergy
may fume and fret his brief hour on the floor of the
Council Chamber, but let him remember that the day
of signal retribution is not distant.

IMPORTANT MARITIME CASE,

PROTECTION OF BRITISH SUBJECTS. AND PARTICULARLY
OF PILOTS UPON THE HIGH SEAS, AND OUT OF THE
JURISDICTION OF THE COMMON LAW.
(Before Mr. RUSHTON, at the Police Court.)
A case of great interest affecting the maritime jurisdiction
of the Admiral of England, came before Mr. Rushton, on
Saturday last, and was decided on Wednesday after a length-
ened and interesting argument, On the former day the com-
plaint (of assault) on which the principal question of " juris-
diction" arose, was not entered upon,—Mr. Rushton, the
magistrate of the Court, entertaining some doubts as to his
power. ofjurisdiction,—but from his sense of the great im-;
portance of the case he allowed his summo:is to be issued;
and required the attendance of the accused. The assault was
alleged to be committed on board of an American vessel,
anthough the captain was a British subject, that fact did
not, he thought, alter the legal complexion of the case.
lirheimuunnns was assordingly issued, and ttie accused party
appeared to it on wednesday, vencn the matter wag itginn
brought before the magistrate,, and excited much interest
amongst commercial and maritime men.
Mr. Lowndes (Solicitor to the Committee of the Liverpool
Pilots) appeared on behalf of the complainant; Mr. Daven-
port for the defence.
Mr. LOWNDES said (with reference to the former evidence)
that this was a charge preferred by George Davies, a licensed
pilot, against John Lennox, Captain of the Victoria, for
assaulting and striking him, on board of that ship, on the
2d instant, while he was acting in the capacity of pilot, and
when the vessel was near to her destined port, and within
the jurisdiction ,of the Admiralty.
Mr. RUSHTON inquired whether, before the case pro-
ceeded, Mr. Davenport had any preliminary objections to
make?
Mr. DAVENBORT.—Yes. I have to object, sir, that the
case is not I think within your jurisdiction. The occurrence
to Which it refers did not take place within the borough, and
I know of no act of parliament that confers on this court
the power of jurisdiction, if it be not the Municipal Corpora-
tion Act, which ',rather believe does not confer such power.
Mr. RUSUTON.—I think it does not; but I refer you,
proceedbefore you further to the 7th of Geo. IV. chap. 38,
in which the jurisdiction to decide in such cases, is, in certain
circumstances, and within .certain limits, given to the local
magistrates. The words are :—" That it shall be lawful
for any justice of the peace to take information upon
oath, touching any offence of what nature or kind soever
committed upon the sea ; and in any place where the
Admiral bath jurisdiction, and thereupon, by warrant, to
cause the person charged to be appreheaded, and committed
to safe custody until discharged in due course of law, or
i
until bailed out n cases in which bail may by law be taken."
Mr. DAVENPORT stated that he was not before aware of
such an Act ; but the book being handed to him, after perus-
ing it, he remarked that he should thereupon drop all-objec-
tion to the jurisdiction of the Court, and rest the defence of
his client on the merits of the case.
Mr. RUSHTON said (addressing Mr. Davenport) that he
was bound in candour to state that he himself still entertain-
ed doubts as to whether the act went to the extent of em-
powering that court to adjudicate in the matter.
Mr. DAVENPORT intimated that he should leave the case
in Mr. RUSIItOn'S hands on that point.
Mr. RUSHTON.—Do not Misunderstand me. Admitting
that I have jurisdiction in this case, I have no power to give
final judgment. I can only bind over the party to appear to
answer the offence at the Admiralty Court.
Mr. LOWNDES enquired whether Mr. Rushton's doubts
were so far removed as to enable him to proceed to a deci-
sion with the case ?
Mr. RUSHTON said they were nearly so ; and he should be
glad to hear what Mr. L. might have to advance as to the
jurisdiction of the court on this unusual point, as 'the argu-
ments he adduced might fut ther confirm his present opinion.
Mr. LowNnEs said it was well known, no doubt, to the
court, that the Admiralty possessed a very extensive civil
and criminal jurisdiction previous to the statute of 28th of
Henry VIII. ; but as the jurisdiction thereby conferred was
given to a judge sitting alone, without the intervention of a
jury, great jealousy arose of its exercise, and in consequence
the act adverted to was passed, by which the trial of crimi-
nal cases in the Admiralty was transferred to a eourt con-
sisting of commissioners and a jury. In more modern times,
doubts being entertained whether minor offences were in-
cluded under the term " confederacies" in that statute,
the act of the 39th of Geo. 111. was passed, by which (chap-
ter 37) all offences committed on the high seas were made
punishable in the admiralty court, in the same manner as
the like offences would be punishable in common law if
committed on shore. This was followed up by the statute
7th Geo. IV., giving justices of the peace jurisdiction to ap-
prehend and commit felr trial parties committing offences on
the high seas. This brought them back to the question,
whether or not the Admiral had jurisdiction against the
master of a foreign vessel, for an offence committed upon an
Englishman-,-and that Englishman a pilot conducting a
.vessel into one of our ports ; and upon this question lie
begged to call the attention of the court to the authority of
Dr. Brown, in his excellent work, explanatory of the " Civil
and Admiralty Law," vol. 2, page 463, namely :
" I know not where so well to take the extent of the cri-
minal jurisdiction of the admiralty, as from the celebrated
charges of Sir Lionel Jenkins, who, in fact, almost repeats
the articles of Boughton. He begins by stating the scope
and end of the commission, which is, to enquire of, hear,
determine, and punish, all crimes, misdemeanors, offences,
and abuses, either against the dignity of the king, against
the peace and good government of the kingdom, or against
the rights and security of the subject, when and as often as
such crimes and offences happen to be committed upon the
sea, or in some haven, river, creek, or place where the ad-
miral hath power and jurisdiction. He then observes, that
the four seas which are the peculiar care of the Crown
of England, the King has a concern and authority in concur-
rence with all other sovereign princes who have ships and
subjects' on the sea, to preserve the public peace, and to main-
tain the security of navigation all the world over. So that
not the utmost bound of the Atlantic Ocean, nor any corner
of the Mediterranean, nor any part iu any sea can prevent,
.but that if the peace be violated upon any of his subjects,
and the offender be afterwards brought up, or laid hold on,
in any of His Majesty's ports, such breach of the peace is to
be enquired of, and tried in virtue of a commission of over and
terminer, in such county or place as His Majesty shall please
to direct ; and whatever obligation His Majesty has, to have
the peace duly preserved upon land, the same be lost at sea,
since trade cannot flourish without security, and shipping and
navigation must decay with decaying commerce,"
It is true (continued Mr.. Lowndes) that, as suggested by Mr.
Shutticworth on a former occasion, in the case of the " King
against Depardo," the judges had disclaimed the Admiralty
jurisdiction to try a case of manslaughter committed in the
river Canton by a foreigner on a British subject. But that
decision appeared to have arisen from the fact of the crime
having been committed in a locality out of the Admiralty
jurisdiction. In the same case Mr. Chief Justice Abbott,
who was then counsel in the cause, referred to three cases
in which the Court of Admiralty had exercised jurisdiction
over foreigners for offences committed at sea against British
subjects. They were as follows, from " Taunton's Reports
of cases argued and determined by the Court of Common
Pleas and other Courts"
" There are three recent cases of the trials of foreigners
for similar offences uptler 38 Hen. VIII. The &still order of
time is that of Francois Antoine Sauvajot, a French prisoner

of war, who was indicted for the murder of Mostean, another
French prisoner of war, on board the Triton, cast Indianian,
upon the high seas, at the entrance of the English channel,
in September, 1799. He was convicted of manslaughter,
and burnt in the hand. This was a short time after the act
39 Geo. 111. c. 37 s. 1 received the royal assent. The second
case is that of John Previit, a Frenchman, who, had entered
at Falmouth, as a mariner, on board the Lady Shore trans-
port : he was indicted at the Old Bailey, in December 1799,
for, " that on the high seas, within the jurisdiction of the
Admiralty of England, with force and arms he assaulted and
murdered Wilcox," the master of the Lady Shore, a transport.
The offence was committed in August 1799, off Cape Town,
in Africa, on the passage to New South WAles. He was
convicted and executed. It is not known whether he was a

prisoner of war or !lot. The third case is that of Acow, a
Chinese mariner, whO was,tried for a murder committed in
May, 1806, on another Chinese Mariner, on board the
Travers, East Indianian, on the high seas, about 20 leagues
from the Azores', in the
.courge of the homeward voyage,
from whiCh circumstances it appears tliat the priioner must
have entered on, board that ship abroad. It is true that none
of these persons had the benefit of counsel upon their trials,
but they had the benefit of that humanity and discretion
whichsuggested the propriety of the present argument.. The
statute of 33 Hen. Illy., must therefore be constructed in
the same manner as that of 28 Hen. HIV. And the juris-
diction given by the former, must be deemed to extend to all
offences committed ashore in foreign countries, as the latter
has been held to comprehend those committed on the the
sea."

• In these three cases, it must be admitted that the offences
were all committed on board of English ships; but he con-
ceived it could make no difference, as the offence, in this
instance, was committed close. upon our own shores, and on
board a vessel bound for England.
Mr. RUSIITON.—That was the opinion of Sir M. Hale,
who, in his Pleas of the Crown says, that the Court of
King's Bench anciently had concurrent jurisdiction with the
Admiralty, in cases of felony done on the narrow seas and
coasts, though it were, the high seas, because within the
King's Realm of England. And so it is held by Selden and
and other celebrated authorities who say, that the Court of
Admiralty is a court for .all maritime causes and matters
arising on-the high seas, and its jurisdiction is derived from
the king, who prOtects his subjects from pirates, &c. and
who has a dominion over all' the British seas ; and this juris-
diction he exercises by the Admiral.
Mr. LOWNDES. said, he might be permitted to 'remark,
that, the complainant would not be retiredness if the Magi's-
trate did not feel himself. warranted to exercise jurisdiction
in this case ; for it appeared by the case of the " Rockers,"
Carey master, (4 Robiuson's Admiralty Reports, page 73,)
that the Court'of Admiralty would entertain a suit for civil
damages for an assault committed on the high seas. In that
case Lord Stowell expressed.himself as having no doubt but
that he had jurisdiction in reference to officers on board their
vessel, (and a. pilot, on duty, was considered an officer,) but
he was not equally clear as to his authority as regarded a pas-
senger—the party being the complainant. But the registrar
of the coart, having searched the records, discovered many:
cases in which the court had so proceeded, both on behalf of
persons described as part of the ship's company, and against
persons not belonging to the ship; and Lord Stowell ex preessed
himself satisfied and retained the case. He trusted, however,
that the decision of that day would be such, that it would
not go abroad that persons on the high seas, over which the
Admiralty held jurisdiction, although such persons were fo,
reigners, were not amenable to that jurisdiction'. He con-
cluded by expressing a hope that the magistrate had now
every doubt removed from his mind, as to the question of

his power to decide on this important case.
Mr. RUSHTON said, that from what he had heard so ably
adduced, he had no doubts remaining on the subject, and he
should, therefore, hear the case. Men such as pilots requir-
ed especial protection. They were obliged by their regula-
tions to board every vessel in the offing, whether home or
foreign, and could not perform their duty if they were to be
thwarted or assaulted by those on board.
Mr. LOwNDES then called his evidence.
George Davies, (a good looking and respectably dressed
young man) being sworn and examined by Mr. Lowndes,
said :—I am a pilot, belonging Pilot-boat No. 2. I have
been licensed by the committee as a pilot since the year
1833. I boarded the ship 'Victoria off Point Lynas,
on Monday, the 2nd instant, at nine o'clock iu the
morning. [By Mr. E. Rushton.—Our extreme cruise
westward is to The Middle Mense,' (a rock) four miles to
the westward of Point Lynes.] The Victoria hailed from
Charleston. When I boarded her, the captain, John Lennox,
and the crew were on deck. I continued on board during
the clay, and nothing material occurred until ten o'clock that
night. At 8 o'clock I had gone below, telling the captain
that I wanted to take a lay down. He shewed me to a berth
in the cabin himself. At 10 o'clock I went again on deck.
We were then 10 miles off the Ormeshead, with the wind
blowing. from E.S.E. The weather was tine, though rather
hazy, and the water smooth. The Captain was on deck when
I came up from the cabin where I had been lying down. The
vessel was standing off the shore on the starboard tack, and
*going about four knots an hour. We were about 15 miles
from the banks, and about 22 from the Light-ship. When I
came on deck the Captain asked me—" Are you going to
heave the ship about ?" A person then struck me three
times with a cane across the face. It was dark and I could
not myself see who it was. I was told it was the Captain and
I went up to him in consequence of that information. i asked
him what he did that for ? He said, " You d—d scoundrel,
you had no business to go below on board of my ship." I
told him I did not go without his permission, and that he had
shown me the berth I was to go to, He then up with his
hand and struck me on the mouth, cutting my mouth inside.
This was the first assault. He afterwards assaulted me ;in
all four times : first, with the cane ; then when he struck
me on the mouth ; again, when he knocked me down and I
fell at the mate's feet; and again, in collaring me on going
down to the cabin. He told the mate, before the second as-
sault, to hoist another light, so as to get another pilot on
board. The light was up for half an hour, and lie told the
second mate to hoist it down again. He then gave me charge
of the ship. The captain had before told me to go into the
cabin, and that I should not have charge of the ship. I af-
terwards brought the vessel safe into port, from Point Lynas,
and received this certificate, signed by the captain, to that
effect, and authorising the payment of the pilotage dues. The
vessel arrived on the Wednesday morning, and 1 was on
board about forty-eight hours.
Cross-examined by Mr. DAVENPORT.—The captain did
not prevent me from going on deck. I left him on deck at
half-past eight o'clock. I had had some drink.. I did not
gq below often to drink. I had a glass of gin with the
mate of the "ship; 'who 'WA' the captain's brifther,. about
eleven o'clock that forenoon. I left theship in charge of the
captain when I went below to rest. When I came up at ten
'o'clock, I told the second mate to:anal! hands to heave the.
ship about. The captain was on deck at the time. I said
nothing to him until I gave these directions. He asked me
if I was going to heave the ship about. I said all hands
should come on deck. He told me not that night, but next
day, that it was his custom to allow the men ten minutes to
come on deck. The captain did not stop on deck during the
night. He stopped until about eleven o'clock. He then went
to the cabin, and came up at daylight. The assault took
place between ten and eleven o'clock. He expressed to me
no doubt of my capacity to bring the ship into port. He told
me—' You d—d scoundrel, you must promise to bring the
ship into port safely to-morrow morning at ten o'clock, or
I'll flog you." He then danced about the deck, put his fist
in my face, and said, " There is no two ways about me." When
he knocked me down, he said to the second mate, " Go and
put that down on the Log Slate." I was very friendly with
the captain on Tuesday, (the day following,)—we never spoke
to each other till four o'clock in the afternoon. We then
shook hands. I wished to keep peace. I went up to him of
my own accord and said, " Captain Lennon, I am very sorry
for what happened last night." He said he was very sorry
too, and we shook hands together. I said, "If you 'll say
nothing at all about it, I will not." He said, " very well.
We were both sorry for what had taken place.
Re-examined.-1 had not taken any liquor to render me
incapable of doing my duty. On the second day (Tuesday),
I considered myself in an independent capacity on board the
vessel as pilot.
Mr. LowsnEs addressing the court, asked whether it
was thought necessary to go into further evidence (which the
second mate could give), to confirm the fact of the assault ?
Mr. RUSHTON stated, that he felt no difficulty in deciding
as to that point, as the evidence now stood. What he could
alone decide was, whether the defendant should be held to
bail or not.
The complainant, Davies, in answer to an inquiry from
the bench, whether he had distinctly stated that he felt him-
self quite independent on board, on the day after the assault,
having again replied in the affirmative,
Mr. RUSHTON said that Mr. Lowndes must see that the
case, from the admissions of the complainant himself had
assumed a complexion of a different character from that
which it previously had maintained. It was highly im-
portant that pilots, who were required to board every
ship, and conduct her into port, should be fully pro-
tected; but here the complainant had admitted that, on
the day after the alleged assault, he considered himself an
independent agent on board, and that of his own accord he
had gone to the captain, and stated that he was sorry for
what had happened, and would say no more about it. This
was a sort of compromise, which (without hearing any oppo-
site testimony, that might be offered by the captain, as to
the fact of the alleged assaults) threw a strong degree of
doubt on the general allegations of the complainant.
. Mr. LowNons said that he should, however, wish it to be
understood that this was not so much the complaint of the
individual, as that of the Pilot Committee, with a view to
show that the pilots of the port were entitled to the most
ample protection.
Mr. RUSHToN said he fully concurred in that opinion, and
there could exist no doubt that the pilots were entitled to
that protection ; but from the testimony of the complainant
himself, he did not consider this a case in which he could
hold the defendant to bail. He was glad that the inquiry
had taken place, inasmuch as he had now no doubt whatever
of the jurisdiction of the court on this important question.
The parties then left the Court, which was much crowded
throughout.
It appears, from what was said by Mr. Rushton in 'this
case, that he has decided the question upon the fact that the
Admiral of England his jurisdiction over all ships whether
English or Foreign, navigating the British Seas. The ques-
tion, therefore, of jurisdiction over foreign vessels out of the
waters of England remains vet to be determined.

MEETING OF THE TRADESMEN'S REFORM'

ASSOCIATION.

The Annual Meeting of this Association took place-last
night at the Music Hall. The attendance was numerous,
but the Hall was not entirely filled. Mr. Councillor Bolton
was called to the chair, and a report was read of the proceed-
ings of the year, in which it was admitted that the opponents
of the society had recently gained considerable triumphs.
The object of the meeting was to elect officers for the ensuing
year. Mr. Councillor Blackburn was unanimously ap-
pointed president of the association, in the room of Mr.
Walmsley, now occupying the civic chair. 'Warm encomiums
were bestowed on the conduct and character of the late
president. Mr. Blackburn, Mr. Atkinson, and several
other gentlemen addressed the meeting. A committee was
proposed, to which, on the motion of Mr. Baines, the names
of a number of the radical school, including Mr. W. Rath-
bone and Mr. Jas. Brancker, were added—as troops in aid.
A compliment was paid by one of the speakers to Mr. J.
Holmes, for his resistance to a proposition, at a !ate meet-
ing, for exclusive dealing. The speeches were few, and were
not characterized by any thing peculiar or unexpected in an
assembly so constituted. Their general burthen implied a
defalcation in " reforming" energy, and concluded with a
call upon reformers to come forward, and repair the breach
made by the inroads of those whom they were pleased to call
the " tory faction."

THE CHURCH MISSIONARY SOCIETY.—The annual 1
sermons for the Church Missionary Society were preached
on Sunday last, in St. Mary's, Birkenhead, when the liberal
sum of £57 was collected. The Rev. Henry Carpenter, of
St. Michael's, Liverpool, preached a most powerful sermon
in the morning, from Hebrews ii. 10 : For it became
him, from whom are all things, and by whom are all things, in
bringing many sons to glory, to make the captain of their
salvation perfect; through suffering." In the evening, the
respected minister of the church the Rev. Andrew Knox,
dwelt for an hour on Phil. li. 5 :
"" Let this mind be in you
which was also in Christ Jesus. The collection in the
morning amounted to £42 Bs, and in the evening to £l4 12s.
Both the rev. gentlemen set before their hearers the low
state of the funds of the society at the present time, and the
large sum that had fallen short in the past year. They also
impressed on them in an able manner the necessity of sup-
porting the society at this juncture, and the powerful call;
which it has on the Christian sympathies of all classes, espe-
cially churchmen, theoqhout the country.