Star.
London, England, 1804-12-14 00:00:00

L ZIT-LICENCE.

COURT OF TUNG'S BENCH, DEC. is.
EXTENT OE IMPRESS LAWS.
Pate Mace tr.- MI. Grass faidthis was an aaion
brought by the Plaintiff, who was one of the owners
o(a (hip called the Ocean, which was a Greenland
Skip, and employed :n that trade, againit the Defen-
dant Captain MiDirnald High Mackay, an officer
in the King's fervice, for impreffing men who were
on board the Ocean, and who were remelted from
the impreli by Alt of Parliament.
On behalf of thofe for whom he was Condit, he
difclaimed any intention °filling this action as a (talk-
ing horfe, for the purpofe of abtifing the Imprefs Ser-
vice, or of declaiming on the Cubic° of' the inconveni
ences which individuals might Inter from that fer-
vice. It was true that many and great inconveni-
ences do arife to individtials in confequence of that
Servile, bur they were not to be fet up againß the pub.
lie benefit' to be derivertfrom it. There were cafes,
however, in which late: to individuals amounted to
a public injury, by inspecting Seamen in certain eret
ploy ments, which was not counterbalanced by the
benefit which the public received from the exertions
of officers who inspected them into fuch fervice, and
therefore to perfons engaged in this trade, the Legif-
lature had granted exemptions from this imprefs, that
was to fay, exemptions from the Imprefs Service had
bark granted to feamen its the Greenland Trade.—
This was abfolutely neteffary, for the Greenland
Trade could not be carried on without it. 'Ths trade
could only be carried on by the employment of a cer-
tain number of (earner,, who had been long engaged
in it. If owners had to look out for a crew From
among feamen itr general, they never could find one
St for their purpofe. It required knowledge of the
trade, and perftins °fed to the climate. The perfons
employed in this trade were called, Boat-deerfmen.
Nat ponners, and Lise-masagers. It was of infinite
ermfequence to the public that this trade &mild be
enntinned, for it was a great nurfery for feamen, and
if they were all liable to the imprefs fervice, the trade
emit be deltreyeds The Legiflature, feting this in
its true light, made a law in. the a6th year of the
feign of his prefent Majeßy, by which the crew of
Poch veffels are exempted from imprefs, for it was,
cawed—" That no Harpooner. Lioe-manager, or
ilowlleerer, who (hall belong to the trade, and whole
name t. inferted in a lift at the Collator of the Cu&
tom's Office, Shall be impreffed from the Paid fervice,
and fuck Harpooners, Line-managers. and Boat-
Starers, mall be allowed to go into the coal-trade for
one rearms, on giving Security that they will rooted
to the Greenland Seas, or Davis's Straits, the next
(colon;' fo that his Loral:hip would tell the jury, that
by this Ad of Parliament, every voyage of a Green-
land flip is protelled, and that all her crew are alto
rotated from the imprefs fervice, on a lift of them
being delivered at the Cullom Houk on oath ; and
scat only Were feamen in thii trade privileged during
their voyage, bat alto in the interval between one
rtlyage and another, on giving kens-4 that they
would retort to the trade next reams, rind &all,
in that interval, be employed in the coal trade; for
it was the policy of the Legiflature that fuch men
Souls' not remain idle.• The Jury would °Verve, it
was of infinite conference to this trade that this
protedion mould be given to it, and the Legillature
bad fo eonfidered it, by granting this particular ex-
emption; bat, notwithltanding. this trade had (offer-
ed greatly by the imprefs being 'applied to thefe lea.
men. The oventes of the thips had born it without
&eking redrefs for a confiderable time, feting that
the de o essential of the !mime(' Service is material,
and of great conference to the public and thole
who with well to the general interefis of the State,
ought not to be extremely ready to look into, or in•
axiom in irregularities that might attend it; but it
begoow become a matter emir fe to difregard thefe
exemptions, and the' efori. the Geotlemen, for whom
be was Counfel, who a ere very rofpellable Merchants
lathe City of London, felt themfelves bound, in re,
gird to the future interefi of themfelves and families,
and in order to know whether this Mt of Parliament
Medford them protection or not, -to bring this an.
elan ; for if it did not, there was an end of the trade.
Dot the defendant. Captain—Mackay, as it was flared
to him, did not conduct himfelf in a manner which
became en officer. The weird of which the plaintiffs
were the owner, was on its return home to London
from Greenland, and at the mouth of the Humbert
there the defendant. CaptainMackay, Cent on board
the Ocean, and ordered is of the men to b(impre&
fed. The protections of the men were produced,
but they were wholly difiegarded. The Captain
of the Ocean thought the Lieutenant who came
on board him might not have fully comprehended
the order of the Captain. and therefore he went on
board Captain Mackay's (hip, and addreffed him mat
eefpedfolly ; told him the lunation in which he was
placed, by having fo many of his men taken from
hart, that he was left without the means of defend.
ing himfelf, if attacked, or to encounter any tempef-
town weather, notwithtlanding w hich Captain Mac-
kay, though he had siefeharged sven of the men, and
had been addicted refpedlully, the Captain of the
Ocean received nothing but bad language : Captain
Mackay told him, that if he did not quit his (hip he
Should be thrown overboard, and ordered a rope to
(wing him for that purnofe. The Captain continued
to expolltdate on this Violation of the law, but no re-
gard was paid to bid expollulation, and he was ob-
liged to go back to his own (hip the Ocean. Fortu-
nately for Captain Mackay this veffel did arrive at
her port of deßination in fafety, but the had been
expolcd to confiderable danger by being thus depriv-
ed of fd materi..l a Fart of her crew, to effential for
Isr defence Id of attack or tempeli. Whether
ere Tr..prei:e..l isa men had becn releafed or nor, hedid
r..t know, hot :Le Owners had been deprived of the
hencrit of their, fervice, nor had they returned. It
• ..4 true that the Owners had not fnifered materially
.i: ibis cafe. It might be alked, why do they bring
▪ affion if they have not furrered any inatetialiofs:
"hey Ltdnut Itlfkreal any fuch la r, but they brought
de.• in, becut:le on former occeaflons they had
his for u Licit they did no: k
. ...) by the vcrdia they nr•...
• They I.c:ierc they h"1 suffered iiecaufc the
Liar rf t! is raft was no! f fl:ci knewsi, Er they
i i M.j...ny'. Navy
1. ent.7cly, if they knew it
: fur the in this raufc,
as far any vi;.: damages tram

(r.:zr•r4

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tl.ink Ilia: (

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the Jury. He profeffed that his only °hie& was to
have it generally underttood that the plaintiffs were
entitled to proteCtion by this law. He expeeted only
fuch damates as the Jury fhould think reafonable for
the plaintiffs to receive, to fecure them agaitilt the
occurrence of fuch an inconvenience as he had Rated,
and from the manner in which he was intinieled to
Rate this cafe to them from the plaintiffs, it could not
be attributed to them, that this aftion came from im-
proper motives in them ; they profeffed they bad no
other motive than to have the law duly made known
by the authority of a Court of Jutlice. He fhould
make out his cafe in point of proof. His clients al-
lowed him molt readily to Rate, that the Jury, in af-
felling damages is this cafe, might have as much con-
lideratinn of the difficulties in which the defendant
might have been placed, under the circumftances of
this cafe, as they would for the wrong the plaintiffs
, had fultained.
The particulars of the different feetions of the
ACIs of Parliament, allowing a certain limited num-
ber of exemptions from imprefs of feamen on board
of Greenland Fiffiery vac's, according to the pro-
portion of their tonnage. were then referred to, and
the lift duly given io at the Cullom Houfe, contain-
ing the names of the feamen who had been impref-
fed by the Defendant, was produced and read.
Andrew Wellwater, Captain of the Ocean, faid he
bad been on the Greenland Filbery a voyage, and
returning home to his port Gt deftination, London,
on the Isth of July, he came to the mouth of the
Humber, and fell in with the Prince William armed
brig, Capt. Mackay. Hr made a fignal, which the
while, could not anfwer, not umferßanding it. The
Prince William came on board the Ocean ; when the
officer came on board, he aflccd for the men to Rand
aft, which they did, and produced the articles of
their protection. He took is of them, bat after-
wards objated to one of them, and took 14. The
witnefs went aloog with them on board the Prince
William. The men carried tbcir pi-citations with
than. He law Captain Mackay. 1' He alked me,
(laid the witnefs) what were my commands t I told
him, my commands wire for my people, that he had
impreffed. He alked me where they were ? I told
him they were on board his (kip, on which they were
ordered aft, and he counted them t after that, he
looked at the protettions of feveral of them. He
then went below with the failing mailer of thelhip, and
Raid below about five minutes ; he then came upon
deck, and he alked me for my harpooners. I told
him they were all there, for they were taken on
board. He then told me I was to take the harpoon-,
era, andfgo on board of my own fhip with them, which
I refuted to do, not thinking there were on board
men fufficient to cnodua the fhip ; I wifhed to Roy
on board the Prince William with Captain Mackay,
when he faid I fhould not Ray there—l thought I
had not a fillFteient crew to navigate my fliip—l faid
I infißed on flaying. I told him I had left his Lieu
tenant on board my fhip, before I came on board
hie. That I valued my fhip and cargo at i z,oool.
which I left under his care, for I had abandoned
her, on account of not having a fuffieient crew left.
When I was unwilling to go out of his he told
me that if I would not go, he would heave me over-
board, and called for a rope, and faid he would drop
me from the yard arm. I went on board my own
fhip, when there were ten on betrd her, but he
afterwards fent me three more, and ultimately re-
tained feven."

Cent's-examined by Mr. Gaertner, he faid he had
eighteen left of his crew, men and boys. When he
failed he had 48. He landed 22 at Shetland, but he
was under the neceffity of doing fo; as he took them
up there. He arrived in five days at the port of
London, after the men were impreffed.
Mr. GABROW faid,he flood Counfel in that Court,
reprefenting in this eaufe a mnft refpeaahle and ho-
nourable Officer, now in the command of one of his
Majesty's fbips of war ; and it was perfealy well
known to all who heard him, that after his Majefly's
Order in Connell had been ilfued for Impreffing Sea-
men ; every Officer in his Majefly's Naval Service
was bound by his duty to the public to tife his ut-
molt endeavour, on every occafien when his Majef-
ty's fervice required it, to enforce the execution of
fueh Warrants. He did not mean to contend that
they could therefore lmprefs again!, legal proteltion;
he Wilted on no fuch thing ; but when he faid he
was Coanfel for this Gentleman, in this and three
other eaufes, who, if he was to pay large damages
in there vexatious proceedings, would be moll fe-
verely treated ; and when he laid he was Counfel for
Captain Mackay, he was Coonfel alfu for the Jury,
for himfelf, and for every individual who was a mem-
ber of the Britifh Public, bemire the conlequence of
a verdia again!! this Defendant, with large damages,
would be to put an end to the lmprefs Service, and
with it an end to us as a people.; but his learned
friend, Mr. Gibbs, had too much good fenfc, parr;- '
°thin, and difcretion, to ark for ferious damages in
this caufe, and if the damages were large, no man
in England would lament it more than Mr. Gibbs ;
he (poke of him from knowledge of his patriotic
principles ; for the effeft would he to palfy the arms
of the King's Officers in the execution of their duty.
The time when this impreffing took place, Lord
Keith had at his command a greater naval force than
any Officer before had, and this was the feafon when
if ever the enemy Ihould be defperate enough to at-
tempt an Inv:Ilion, it was expeCted to have been tried,
and therefore it was not a leafon to be nice in cavil-
ling at the condua of Officers in the Imprefa Ser•
vice, for it was owing to the fervice that the Pay
had now the privilege of fitting where they did, and
he of addreffing them ; and therefore this was a cafe
which could not call for large damage:. As to
what Captain Mackay had laid about throwing the
Witnefs overboard, it was a mere jell ; the truth
was, that out Naval Officers were fhort and energe-
tic in their words, at the fame time they were hu-
mane to their friends, and the terror of their foes.—
With rewrd to the matter being publicly underilood
:hat persons, filth as there featnen, wete proteeed in
duc proportion to the tonnage of the fhip, there was
no diffent to it, if the objeft was to proclaim the
the obj•.ft was g.6ncd.
Gtaes.—" My nhjea is gained ; I am fa!k-
tied, a:•d to arc my Ciients, in having the law yro-
claimed ; ft sscl fati'Ged, that I will take a vetdia
for one [haling damages in this caufe, and verdias
for a fhiiling in each of the three other caufes remate-
ing to betiled."
Lori Et tea tient,: I never vas witr.,fs to
any t...,1,.; ;.Locr.t: !rs a Court of Jultice :ban the

manner in which the Learned counfell for the plain-
tiff in this caufe has conduatil liimfelf in the dif-
charge of his duty to his client and to the public."
Mr. GaItROIV.--.." It is certainly very handfomely
done, and Captain Mackay will think himfelf very
handfomely treated. We have had no communica-
tion together ; but now I underhand the objeft of
the plaintiffs, and it is anfwercd."
Lord ELLEWBOROUCN.—" I hope this will have
the effect of inducing thefe gallant Officers to pay
due attention to thefe prate lions."
Mr. GIB as.—" This will have a better effe& than
if I had obtained a verdia for 10,0031."
Mr. Gaitenw 1.43, the Defendant fufpe&ed that
! the perfons who were really entitled to prote&ion
had been landed at Shetland, for the purpufe of giv.
ing to thofe who were not, the fame advantages a► if
they had, an impofition fumetimes ;stalked, he was
afraid.
Verdi& for the Plaintiff—Damages, One Shilling.
The fame in three other ranks of the fame kind.

CITY QUARTER SESSIONS. •
At an Adjourned &Mons yeflerslay, before Mr.
RICORDIII and two of the Aldermen.

THE RING V. HILL.
This was a profecution for an outrageous afrault,
againft the Defendant, by Catherine, the wife of Ni-
cholas Duggan. The Profecutor keeps an Eating-
houfe in the Old Bailey; the Defendant was Jofeph
Hill, Efq. an Attorney, who refides in Rood-lane.
Abi tit ten o'clock on the night of the tfltls of Au.
gut, the Defendant, with a friend of his, and a She.
riff s Officer, adjourned, after the fatigues of the day,
to Mr. Duggan s refettory, the corner of Fleet-lane,
to take fome refrelliment ; and Mr. Hill, who was
rather in liquor, called for a baton of Coup, which
was ferved to him ; he called for bread : two likes
were ferved to him, but be Willed on French bread,
and could not take his Coup without it. He was told
there was none in the houfe, and that it was too late
to get any at the bakers. On taking the nutritious
liquor, he either thought it a little too ftrong of the
water, or in Come other refpea not properly to his
tafle, and without duly refletling that the price was
but three force, and the plate not the London Tavern, he
fignified his difapprobation, by frilling the rejefied
mots over the table cloth. He then made a motion
at the fide bar for more Coup. Mrs. Dugan told him
he had eaten his Coup; to which Mr. Hill very gal.
lantly replied," I'd foe you d—d firff, Mrs. Blub-
ber-chops." Mrs. Duggan repea'ed her firit offer-
tion, and Mr. Hill called her by every name in the
vocabulary of the Old Bailey, except Gentlewonma.
He told her the lied ; bock her with his fill on the
fide of her head ; and told her not to dare to (peak
to him, or he would knock her brains out. Mrs. D.
then took the cloth from the table before him, and
carried k into the bar. He forced open the bar-door,
rolled after her, feized her by the throat, threatened
to trample upon her, and endeavoured to throw her
down and fulfil his menaces, but fortunately did not
fumed. Her hufband interfered. He (truck at him
too, and with a Rick he pulled out of the bar, broke
two fquares in the window. A watchman, named
Elliott, then palling, was salted, and Mr. Hill was
given in charge to him. Mr. Hill, in his turn, in-
tilted on giving Duggan in charge for (keeling his
watch. This charge, however, was refilled, as againtt
a refponfible houtrioreper in his own Atop, and as
highly improbable in the opinion of the watchman.
M. Hill bounced about for Come time in a very con-
' fequential flyle : raid he was as great a man in his
own opinion, as any Lord in the land, and that he
could afford to fpend as much money as the Lord
Mayor. He told the watchman i.e was a d—d rafcal,
illullrating his opinion, at the fame time, by a blow
or two. He was, however, after first paying his
reckoning, conveyed to the watch-houfe, and next
morning before the Lord Mayor, who not exactly ap-
proving fuels a fpecies of tar practice, referred the
fuhjeCt to the Isar of this Court.
Four other witneffes corroborated fubffiantially the
particulars of the cafe : but the Sheriff's Officer, who
wa. with Mr. Hill, fwore he law Hill ftrike no blow,
and that if he had (truck any he mull have fern it.
He laid allk, that Duggan had called Mr. Hill an
informing rafcal, raifed a mob round him, and was
forcing him out into the Area. The Jury, however,
gave credit to the evidence for the Profecution, and
found Mr. Hill Guilty ; and the Court, after a whole-
Come admonition, fentenced him to a fine of rol.
which he paid in Court, and was difcharged.

NAMILTON TIPS PARISH OFFICERS OF THE PARISH
OF ALLHALLOWS, LONDON V'. ALL.

This was an appeal to the Cow. from Croaor
Hamilton, of Broad-Rrect, complaining oCri pat-dal
aircfrment of the poor's rates of his parifh, as with
refpea to him, inafmuch as the Veflry had rated
him at 3261. rent and value, inftead of apt. which
Le had paid under the preceding rate of airefrment.
Mr. Ma'am, who was Dr. Hamiltnn's Coon-
fel, Rated, that it was not the Palm's olfjeEtis,n,
that he himfelf was rated fo high, but that almoft the
whole of the other parifhiuners %vete rated too low,
in proportion to the rent and vale of their telpeeive
premises. He had no obje6ion to pay even the very
high rate impored upon him, provided that all (Abets
his fellow parifhioners were taxed in the fame pro.
portion ; lint the grievance of which he complained
was,-that he was airelied up tu the bighefl rack value
of his premifes, and paid, in fa.% one twentieth of
the whole poor's rates, while a confiderable nirniber
of others in his parifh, from motives that he could
not conceive, were not taxed, upon an average, at
above one half the real rent or value of their ptcmi-
res. Upon an eßimate of the rates of eleven pri.
pal pertuns in the patifh, it appeared that they w cre
only affeffcel upon an aggregate fun of 9841. where-
as, according to the joint ellimate of five rciptaable
furveyors, employed partly by the former church.
wardens, and partly on behalf of the patifhionets,
the real afrefiment on thufe perfun, ooght to have
been upon isitol. while Duaor Hamiltuit, who wax
now aliened on 3261. if his charge was reduced in
the fame proportion, would be only affeffed 1501.
, :slnw all that he %011ie(' was, that others in the parifh
firorilsl be rated in the fame proportion as hirnfelf.—
This, he was aware, would he, to the first inflame,
tailing more mimic), upon the parifit than was want-
ed ; but he was willing to fuhruit to the surcharge in
ore instance, 'wattle he was quite fore, that as faun
as it was brought h'me to the doors of others more
immediately e,inccrned in ft:fluting the rate of aff..lll
men!, jtillice would take plar•, and a mrri. :rtipar-
nal and CqUitilblC roc be adoperd

Mr. MitltlttaT grit inifWer"& 11`6n of the
Church-wArdens by Mr. Guts ht. M.. Coitst, ant
11r. KNAPP. .

The Court, hocever. was againil gnafhing gene-
rally the prefent rate; but agreed t' at Dr. Harni!-
ton's afTetlinent ought to be reduced trnm 3261. to
2831. and recomitieuded to-the pariffi officers-fads a
revifon of their pcefew rites of affellinent as might
lead to Come more fatisfailory arrangement. For
this purpofe ht conlidered the arbitrary rluation of
a funveyor no jull cruet ion, any iriore than the on.
ginal low rent of an old leafe t but 6,v/eta both
extremes, the difcre'ion of the with officers then:.
(elves would bed fuggeft the fair medium. Ten
pounds was allowed to Dr.. Hamilton in part of the
cods of the application.

INDIAN DEATHS..-MAIMAi.
Civilians —George Thnmpron, Efq. MANI Mein, EA Q.
Macmillan, Efq: Peter Coulotin, Efq. of thr hew. Lautcur
and Co. Rea Archdeacon I.eGie. David Coort. Efq.
Mrs Watts, lad* of Edward Watts. Vfq.
Military...4qtrila—MaJor 'Arthur MlCbrly. tank N t. Lieut. J.
Artnftrong, 3d N. I. Lieut. R. Paactek, rcr:h V. L Lieut. Colo.
girl J. Inure, featur. I.leut. R. Lynch, Sth N. 1. Capt. A. Grant
18th N. I....Map—...Carbet Collier. of the 6th. Cornet Miran, pi
N. C. Cape. J. Duncan, t•th N. I.—June—Capt. Ropera
Li. utenant C. Gordon. t Ws N. 1. Lieutenant E. Clarke. tBtb N. I.
Captain N. Ryan, 6th N. I. Caftain Darke, I. A.

1301,41AY.
Civilian—Edward Caney. Ffq.
ittiliwrf.,--Lieutenant Wand, D. F Griffith*. L
, . ISSIPIGAL.

Canning, Deputy Mailer Attendant.
Murdausd, Efq. W. Cromonelin, EN.
Military.—Aptill-.-Licutetiant LO. Hanifon, N. I. Major-
General R. tidal.. Lieutenant J. P. Livisfey, N. L Colonel
Henry Hytidhans, N. I. Lieutment.Culond Watfon, H. M. 7ytis
Regiment. Doff* Ford and Movie. LA. Major Weteit, B.A.
Lieutcnant•Colodel /". Taylor. Captain C. Berrie, N. I. Major
Edward Lloyd. N. I.
At Fort WiMam, ht Bengal; to the ad of May lab, to the incl.
preffible grief of a beloved and affrOionate Indhatsd. Mro Caroline
Sardine; the Lady of COL George Baynham, of Colonel Ran-
fay'. Malay Regiment. ThisOsetilestr I..ndy, in whom were united
the •
molt amiable an 4 eftlenable qualldor of a daughter, • wife.
and a mother, has bens taken away In the very Bower of youth,
from the affettione the hopes, and the tetri--of Ira Isufband...of
an infant fon of the moQ fptightly and endearing age of infancy....
of worthy parents, relations. and fricnds, many a whom will not.
on this fide the grave, ernk to swans her Ida. Married, et an
early age, to • gallant and deferring young Oilleer,whom the fate
riling to difttnction, by unremitting adivity in the molt hazardous
and honourable ferrite of his eountry-.Ase would, in, no aocornst.
forego the feisty:lion of accompanying him wherever, he was or-
I dered on fettles. To attend him to India, Ste left parent, brothers
snit Baal, than whom, only her MrChand and fon andtbe dearer
to her heart. After a not unplesfaist voyage lathe Nenhaneptos,
they arrived fate, and In good hutch, in bidia, loft February. She
enjoyed, with cheerful brisfadtion, the novelty of the lane, the
' polite holpitality of its people., and the agreeable relkaloo on the
farm of her Istifbsnd and fon, with berfelf, though at lush a dif-
tancr from their cadre land. But, the difference of the climate,
or the Satiric' of the mode of Ilk, were toe match the hes health
and perfousl condition. On the zpth of Apnl, the was delivered of
a slid of only (even menthe, that fareived the birth but one day
On the ad of May Le eritral!