Star.
London, England, 1817-12-16 00:00:00

PRIIOE, LEOPOLD.

His Strent Highness does not improve in health.
For some time his body as well as his mind has been
severely affected. He has experienced for several
days past extreme agony in his head from rheumatic
attacks. On Thursday he was a9l cted with severe
spasms. On Sunday, however, when Lord LAUDER-
DALE visited his Highness, he was better. The Noble
Earl passed the day with him. His Highness still
preserves the same retired habits—be cont►nues inac-
cessible to all, except a few chosen le iends ; passing
his time in deep reflection on the vicissitudes of this
lite ; and he calls his late happiness " a transient
dream." He certainly departs for the Continent socn,
taking Paris in his way to Slimly.

LAW IaTELLIGENCE.

COURT OF ADMIRAL. FY, DOC roas• COMMONS.

LE LOUIS, FRENCH SLAVE EMP. CAP TUBED nEE CAPE
BIASURADA BY HIS •IAJEITS'a CLIVIZEIt C:E•AIt.

Sir WILLIAM SCOTT gave judgment yesterday upon
this important appeal from sentence of condemnation
passed by Cie Judge of Sierra Leone. This ship was
taken on the llth March, MIS, after a severe en-
gagement, followed by an attempt to escape, in which
eleven persons were killed on one side. ani twenty-
four on the other ; besides several wounded on b:ith
sides. The cause of this melancholy contest was.a
right of search and visitation set up by the Czsar, on
suipicion that this vessel was engaged in the slave-
irade ; denied and rejected by the Louis. who there-
upon resisted that demand, which had produced such
a calamitous and tragical result. There was no doubt
of this vessel being owned by French subjects, and
the mere circumstance of having English and other
seamen on board was easily accounted for in time of
peace. With respect to the intention to deal in slaves
being contingent, amounted to the same as if slaves
had been on board, from the number of irons
and other manacles that sv,re found; the quantity
and quality of the provisions. The mysterious pas-
sages in their instructions. respecting negotiations
with the natives of Masurada, all went to shew the
intended tr iffic was in slaves ; such proof being ab-
solute. The question of jurisdiction of Sierra Leone
WAS not of importance further than locality was con-
cerned. The Czsar stated itself as commissioned to
capture all vessels acting in contravention of the abo-
lition laws. But this authority could only be founded
on the 51st of Geo. 111. to seize all British vessels
evading. or acting against that Act. The word
capture does not occur in it. Here it was necessary
to observe, that this, as well as all other British Acts
of Parliament. could only affect the subjects of other
nations as was consistent with the general law of na-
tions. and could only be narrowed and construed in
adherence thereto. The Judge of Sierra Leone car-
ryiug with him a liberal education, and co doubt ac-
tuated by a laudable zeal for the inforcement of mom:
laws respeiting the abolition of the slave trade, had
done that which he considered justice between the
parties; but be, Sir William Scat, was called upon
to direct an equal administration of justice to all par-
ties, not only upon the common principles of law,
but upon every rational principle upon which there
was evidence produced by either patty. It was
enough for the Judge et. Sierra Leone to produce
such evidence as that his decision should escape cen-
sure, but he, Sir William Scott, was bound to say,
th .t if the right of visitation and search was illegal
in time of peace, this information so obtained, though
in ausiser,to interrogatories put to the captured, could
not be legal evidence, thus by force extracted. It
there was no right of search, then the pasty was not
only entitled to resist (with all the melancholy con-
sequences that ensued), but such resistance was in
itself lawful. It no right id ,ea.ch exists(' in his
Majesty's cruiser, then .111 the evidence so obtained,
as well as the right of seizure and of condemnation,
was at an end : because there were iwiely the effects
of unlawful acts of the se,zors. It the tight of search
existed, then the question Was. whether the informa-
tion so obtained, bad established the lact—first, that
this ship was engaged in the slave trade—secondly,
that this was in contravention of the French Laws.
In time of peace there weir two principles of Eng-
lish law which were recognised as fundamental.—
Uae is, the entire independence of all foreign States.
The relative power and greatness of one State to AUO•
ther gives no additional rights, but all nations have
AU equal right to the uninterrupted navigation of all,
and every the unappropriated parts of the ocean.—
nits freedom in time of peace was the loondation of
all public law, and which it cancans all men and
all nations, both in their public and private character
to maiatain. Anesince in) one country has a right to
exercise authority over the property or subjects of
another, therefoie nothing could give authority over
those general rights to navigate the seas but the rights
tit war, as again,t Pratfall.
This right of visitation and search was founded in

timid.), and self Mere., in time of war ; as upon
seeing tither nations engaged in the service of the
eilemy, supplying them with provisions or with
wart fr^ stores, and in cases of illegal de.enti ~,, , there
was always allowed a compensation to the parties in
that of costs aid damages.
A
theiasu es
ue lettersc t
of
rottiortlltueer otlod entlapitli:.decl captures,p ractice
uwhaesnctott
s
of one nat:on had been injured by those of :twiner,
without being enabled to obtain redress; but by the
I tw in nations as now esiahrshed, tin nation c .n veer-
eke the right of visitation and search towards ano-
ther upon the sea, except as belligerent Power; in
time, of war. The reason why it did not exist in
utiles of peace was, bee rise the re was riot the same
necessity. Tee claims set up by Spain and Pa:Engel
in iesp:ct as to light of search, Were nut (Ay
treated as vain, but extravagant, pretended to be
founded upon some grants of their Kings, ur of the
Pope, or upon some usurpations. if, however, ad-
joining to their shores all nations, and this country
in perticulat, claimed the right of search of foreign
vessels under the liaise Laws, such as vessels clear-
ing out from this country, but this 1144 nOtilinA to 20
with the right of visitation and search upon unappio.
miens' parts of the ocean in time of peace. weeders
(although in the case of foreign ships and toreien
property) claimed this exeiriptiam, winch ..vas resisted
by the British Government, but such search bong
since considered unlawful by our Government, t;iat
right was filially withdrawn.
Upon the question then, how this right of search
in time of peace can be legalized, it roost be upon
the ground that the captured can be taken to have
acted as pirates. . This, vessel could not be taken as a
pirate, for she was not the property of sea rovers, but.
of domiciled French subjects. She could therefnre
only be taken as a slave trader. Then tie question
was, whether she was subject, as such, to se zure or
condemnation by the British laws. The law of this
country made it a transportable offence, n a capital
felony; these were the distinguishing features of the
offence. Then it is put to the Court upon this very
stroag ground, that it is to be considered a crime
against mankind, and that every nation has a tight
to prevent the commission of crime, this prevention
of crime then, must apply to the overt act, and not
to the ptesumption on which the right of search is he'd.
To make the Slave Trade a crime against nitions. it
must be considered such by the universal law of na-
tions. The Learned Judge observed, he should have
great difficulty in saying this traffic must be consi-
dered illegal or criminal, as the laW of nations now
stood (hut let not this opinion be considered an .ex.
press authority). By the French law he saw nothing
to spreveat French subjects carrying on the Slave
Trade to any extent with other nations—it was only
prohibited to import slaves into the French dominions.
Sir Wm. &ary observed, be telt himself called
upon to reverse the judgment of the Court below ; but
with regard to costs he should not award them, this
being the first question that had arisen of this nature.
Should any other circumstance of the kind occur, it
wuu.d undoubtedly receive a different consideration.
Sentence—Restitution of the vessel to the captured.
COURT O[ KING'f, :31iNCH, DECEMatt
HAINES V. CLA;;K.
This was an action against the defeatlant for as.
!nulling the plaintiff on the of June ap.
peared that the parties were Billingsgate nihnitingers.
and on the day twntioned in the declarati,:n, a ths-
pute happened between theta ahem a strn
claimed by the plaintiff to he due to ii;rn nom ea:
defendant. The argninent on both sides nAS :On-
ducted for some time in that style of rket tric and
chraseology peculiar to the venue of the contest, when
it was at length found necessaiy on the p.i.t of the
defendant, to resort to the argutnentum bacutinuns, and •
in the technical lingo of the Fancy, he " lapped the
claret" of the plaintiff, by a dexterons application of
his right claw to the fumed pronrattary of his :swage.
nist, who, being the lighter man of the two, fell " As
flat as a flounder," and would have been beaten like a
stock:fiti, but for the interposition of a shoal of god
aunt, who seeing that the plaintiff was completely
baited, endeavoured to disentangle him from the mare
into which he had fallen. The defendant finding
himself separated from his prey, gave him a patting
wiper for luck," and.consigned hint to the care of a
levy of froissardes, who assisted him in his rescue.
S:veral witnesses were examined on both sides.
One of the dory asked, it a shilling damages woull
carry costs ? Mr. Justice BAILEY SAO the J try must
estimate the amount of damage, and g ve their ver-
dict accordingly. The Jury then faund a verdict for
the plaintiff—Damages, 4.05.
Mr. Justice BAlLEY—Gentlemen, I can now tell
you that one shilling would, in a case of assault, have
carried the costs.
TIIE KING V. V/AOLER awn ovum.
This morning Mr. Toretsa, in the .insenCe of the
ATTORN F.Y-G KNERA L, moved Mr. Just iCe BAILEY,
who presided for Lord ELLENWMOUGII, who s ex-
tremely ill. that the informations against LYilliatn
Hone, Thomas Carlisle, and Thomas Jonathan
Wooler respectively, should be appointed to be tried
on Thursday and Friday next.
Mr. Justice BAII.ev granted the object of the
Learned Clambers motion.

. DRUItY•LANIK.•-••Mr• KEAM last night resumed his
protessionel exertions iii hie pert of Richard. His re-
cent indisposition has evitleitily had the effect ot re-
ducing him in flesh—and, but fist this circumstance,
we should not have supposed that he had been Al-
(listed with sickness. 1-lis fife is unabAteil—his acti.
vity unimpaired—and his voice is as powerful as we
ever recollect it to have been. The applause on his
entrance was fervent and general. It was not con-
fided to any one part of the house. Box, pit, anti
gallery, hauled his rinurn with the most lively manes
of satisfactinn. Mr. KEAN appeared to take more
than ordinary care in his performance—and certainly
miter played !Ili past with greater truth and vigour.
He preserved,. throughout, the prominent features of
Rickard': character. His sarcastic keenness—his i .
!mutating dissimulation—his fieryambitionhis blood-
thirsty cruelty—were pourt rayed in turn, as the scer.e
demanded the change, with consummate abiiity. The
fight with Richmond was less pantomimic than it has
sometimes been, and we were the better pleased with
it. When Richard tell, the Theatre shoo.: with a tu-
mult of applaus.. Unfavourable 45 was the state pt
the weather—the rain pouting down in torrents, and
the streets floaded in many parts—yet, at belt pt,,
dm braise Wits catrctricty well