Star.
London, England, 1810-06-26 00:00:00

COMMON HALL.

The Livery assembled in Common Hill yesterdiv
to elect Sheriffs and other Officers for the ensuing
year.---The Lord Mayor, attended by the Recorder.
&c. arrived on the Hustings between one and tw3
o'clock. The Recorder stated the object of the
meeting, after which the Lord Mayor, Aldermen, &c.
retired as usual till thc Elections were concluded.
The Common Serjeant then read to the Livery
the names of persons who had been put in nomiu
tion for Sheriffs. Twenty-eight names were read,
the first being Mr. Alderman Bird; the second,
Sir William Plomer, Alderman ; the third, Mr.
Alderman Goodbehere. Sir William Plomer and
Mr. Alderman Goodbehere were chosen. The fifth
name was Mr. Jacob, the reading of which was fol-
lowed with a hideous groan. Mr. Richard Clarke
WAS re-elected Chamberlain. The former Bridge-
masters were re-elected. Pulley and Eade added to
two of the old Auditors. Brookes, Jones, Simmons,
and West, chosen Ale-Conners. The Sheriffs and
Common Serjeant then retired, and reported to the
Lord Mayor as usual. His Lordship returned to the
Hall, and the Recorder in the usual form declared the
Election.

Previous to the proceedings for the choice of She-
riffs,'Mr.Waithman adverting to a paragraph in some
Paper, that Alderman Goodbehere and Mr. Wardle
were to be chosen Sheriffs, denied that any such plan
had been set on foot by them or their friends, and he
.had been desired by Mr. Alderman Goodbehere to
request that they would not bring him forward till his
turn came.
Sir W. PLOSHIR and Mr. Alderman Goonsemme
severally came forward and returned thanks for the
honour done them ; but not having been aware of it
when they came into the Hall, they deferred giving
an answer whether they would serve till the next
Court of Aldermen.
THANKS TO THE SHERIFFS.
Mr. Quoi then came forward and moved a Rev).
lotion of Thanks to Sheriffs Wood and Atkins, fot
their meritorious conduct on Thursday night in pre-
serving the peace of the metropolis without military
aid.
Mr. WATTHMAN seconded the Resolution. He had
observed much of their conduct that night, and be.
lieved that greater exertion and zeal in the execution
of their duty had never been displayed by public offi-
cers on any occasion.
The Resolution passed unanimously, and was or-
dered to be published in the usual Morning and Even-
ing Papers.
Mr. Sheriff' WOOD expressed his satisfaction at their
approbation of his conduct. It had been asserted
that he intended to hare joined the procession on
Thursday—on the ciintrary, his answer to an appli.
cation for that purpose had been, that he had other
business that day, the preservation of the peace. k
appeared that a letter had been sent to some Common
Cotr

.incilmen to attend him at a certain place to join
in that procession, but it was fit it should be known
that this was done without any authority from him.
I _ -
had

The Lanark Militia are gone to Prestonpans, Port .t had been said that Ministers . , very much Jarrow.
him on a former occasion, so much so that they
Seaton, and Tranent, to make room, at Miisselburgh, sent for Mr. Forbes, the Under-Sheriff, to examine
for the 42d Regiment, on their passage from England. into his conduct. This was the specimen of their
Saturday se'nnight the Mount's-bay (or 4th Corn- favour ! and if they could by any means have found
wall Regiment of Local Militia), under the command a pretence for doing him an injury they would gladly
of Colonel OXNANI, completed their term of service have seized it. He had long been convinced that by
for the present year, having conducted themselves proper exertion on the part of the Sheriffs the peace
during the whole period in a manner that deserves the of the metropolis and couniy night, on most occa-
highest praise. sions of popular assemblage, be preserved, without the
The Loyal Meneage Yeomanry Cavalry, under aid of the military or hired police. He had on Thurs.
the command of Major Vevv AN, have completed day put this to the proof, and the result was highly
their ten days permanent duty at Helston ; and were satisfactory. When called upon to attend in his official
dismissed with the fullest approbation of their highly capacity on any occasion, he had never taken any'
respectable Commander. share in politics, but acted with the impartiality be-
Serjeant Mosey, of the West Norfolk Militia coming his office. In the Common Council he had
who was the principal evidence against E. Stubbing, exerted himself as usual, and bad a perfect right to
tried at the late Norwich quarter Sessions, for utter- ao so. He was glad of their approbation, and in the
b ine seditious language, has been rewarded for his execution
loyalty by an Ensigncy in the 4th Garrison Battalion. office, he . should endeavour to continue to deserve it—.
SOLDIERS DESERTING.—If any soldier, who shall
and when he retired, he hoped, in his capacity as a
have been tried by a Court-Martial, for desertion, and Magistrate, to conduct himself to merit the approba-
convicted thereof, shall be again tried and convicted lion of all good men. Wherever corruption appeared
of desertion, the Court may, if it shall so think fit, in he was, and ever would be, its decided enemy.—.
Large sums of money were expended to write down
addition to any other punishment it may award for
any such subsequent desertion, order that such deser-
the opponents of corruption, and, of course, he had
ter be marked on the left side, two inches below the not been spared in the paragraphs of its defenders.
arm pit, with the letter D.; and such letter not to be These, however, were too contemptible to merit no-
less than half an inch in length, and to be marked tice. (Loud a/Wow.)
upon the skin with some ink, or gun-powder, or some-
Mr. Sheriff ATKINS was glad when his efforts in the
other preparation, so as to be visible and conspicuous, discharge ofhis duty met with their approbation—and
and not to be obliterated. he was the more happy at receiving their unanimous
DIED—At Addersey-Lodge, near Stoke Golding- thanks on this occasion, because he sometimes had
the misfortune to differ from them. He then spoke
ton, Bucks, on Saturday the 9th inst. at an advanced
in the highest terms of the disposition to good order
age, Colonel PHILIP SKENE, formerly of Skenesbo-
rough, Lieutenant-Governor of Crown Point and manifested by the immense multitude assembled ott
Thursday. Had it not been for - this, it might have
Ticonderoga, and Surveyor of his Majesty's Woods
and Forests bordering on Lake Champlain, in the State been of little consequence for them to have displayed
of New York, whose loyalty can only be equalled by their insignia of office. During their whole progress
every wave of their wands had been attended to with
his singular bravery, having served as an Officerin the
British army from the year 1739 to the close of the the utmost deference, with the single exception of a
American war in 1782: during which period he was Gentleman's coachman in Piccadilly. It was im-
engaged in tome of the severest conflicts recorded in
possible to have viewed this without admiration, and
the British Annals, and often wounded. Besides it was but justice to the crowd then assembled to
many actions of inferior note, he was at the taking state the circumstance. It proceeded, no doubt.
and destroying of Certhagena and Porto-bello, at the from that respect which Englishmen had properly
battle of Culloden, and afterwards at Fontenoy, La-
been taught to pay to the civil power—a respect which
feldt, &c. under his Royal Highness ,the Duke of
it was their best interest to cherish and encourage.
When people conducted themselves in this orderly
CUMBERLAND ; from thence lie went, in 1756, to
m
America, was engaged under Lord Howe, at the un-
anner, their political differences would soon be
brought to a nutshell, and ultimately accommodated.
fortunate attack at Ticonderoga, afterwards under Lord 1
He concluded by repeating his satisfaction at having
AMHERST at its capture, with that of Crown Point,
I met with their approbation.—(Loud applause).
&c. and from thence went to the attack of Martinique
and the Havannah, ender Lord ALBEMARLE, and was / The proper Officer then dissolved the Meeting in
one of the first who entered the breach at storming the usual form.
the Moro Castle. In the Fete American war, after A Conrt of Aldermen was afterwards held to swear
being exchanged as a prisoner, he served a short time in the Chamberlain, &c.
under Sir WILLIAM Howe, at New York, and then The Thanks of the Court were voted to the Lord
volunteered his services under General BURGOYNE ; Mayor's Chaplain, for his sermon, on Sunday, at St.
during that arduous campaign he had his horse twice Paul's, being the first Sunday in Term.
shot under him, and suffered the fate of that army by A quantity of gold was sworn to, as foreign, for
being a second time made prisoner. After the close exportation.
of the AmeriCan war, in which, from his well-known
loyalty, he lost an ample fortune, he Lived in seclud- The Clockmakers' Company were increased in their
ed retirement to the time of his death. Colonel Livery from 120 to 200.
Seeea's Grandfather, JOHN SKENR, of Halyards, in precepts for the election of Lord Mayor were or.
Fifeshire,Scotland, was married toELlzAerru,daugh. dared to be issued.
ter of Sir THOMAS WALLACE, of Craigie, in Ayrshire, '
the nearest collateral descendant of the celebrated but BREAD.—This day there was no Court of Alder.
unfortunate WILLIAM WALLACE. Colonel Smtets has i men. The LORD MAYOR, after hispecting the returns.
lett a son and two daughters to lament his death. lordered Bread to remain at present pr;-


WEBB O. BItOOKES.
Serjeants BEST) VAucnim., and OxaLew, argued in
THE COURT OF KING'S BENCIL, JUNE CS. `this case in favour of araile which they had obtained
on a former occasion, to shew cause why a verdict,
TILE KING T. GF.N ER 1L PICTON.
!which the defendant had obtained on the trial, should
Mr. NOLAN was heard this day on the part of the
not be set aside, and a nonsuit entered.
prosecution. He observed, that Mr. Stephen, in the
defence, had omitted the consideration of two argn- I The facts of the case were as follow :—The defen-
ments; of no slight importance to ascertain the merits • dant was master of a yowl called the Little Mary, on
board of which the pia
of the case. The first of these was, whether any per- intiff wits a passenger. It
enter-
son,hap-
but one in a judicial character, could be excused paned that at the time on which Marshal Soult
personal malice in doing an illegal act ? the second, ed Oporto, the Little Mary was lying in that liar-
' bour ; and consequently with the rest of the English
whether, admitting that the person acted as a judge, vessels in Oporto, at that period, became prize to the
he could not be made amenable here for any excess of ,French. The master of the vessel was extremely
jurisdiction ? He (Mr. Nolan) felt much hesitation
j anxious to recover her ; and the passengers also
in differing from such distinguished authorities in wished much that he should be able to do so, that
their profession as the Counsel on the opposite side ; they might return in her to England. For this pur-
but he felt more deference, in the present instance, ' pose they drew up a petition to Marshal Soult, pray-
for their genius than fur their arguments. It had ing his permission to ransom the vessel, which was
been urged, that as torture was a part of the law of granted, and they paid for her 15,000 francs. This
Trinidad previously to the conquest by the British, it money the plaintiff, in his anxiety to escape from
continued so after ; and the case of Campbell and Portugal, advanced to the defendant, who, in his turn,
Hall, in Cowper, was brought to support the argu- gave the plaintiff a bill of exchange, guaranteeing
mein of this continuance of the laws in a conquered the repayment of the money to him. On their re-
country. turn to England, the defendant's owner refused to
It had been asked, whether the Crown had not a pay the money ; an action was then brought against
power, in its contracts with independent States, to M the underwriters, which terminated in their favour,
dispense with the ordinary provisions of the English and, last of all, the present action was brought to
law ?—lt could of course do so under certain circum- recover on the bill of exchange. The defence which
stances ; but cases might be obviously put where that had been set up by Mr. Sergeant SHEPHERD for the
dispensation was beyond the power of the Crown : idefendant was, that, as by the 7th of Geo. H. it was
for instance : if it were stipulated that the island of !illegal to ransom a vessel from any enemy, and as all
Trinidad should be connected with his Majesty per-1 bills of exchange, given for that purpose, arc, by that
sonally, its dominion and revenues attached merely to Act, rendered void, the plaintiff of course could not
the individual King. There might be certain ni- recover, being himself privy to this illegal transaction.
leges granted to the island contrary to law, and the !The Court being of the same opinion, the Rule was
rights of other portions of the King's subjects. From discharged.
this it was evident that the power even of stipulation
was circumscribed, and that in all cases the spirit of
the contract, by which the laws of the country were
retained or abolished had a reference ; a constant
looking to the superior influence and paramount
right of the British laws. It followed, that what-
-ever was directly adverse to British laws was neces-
sarily extinguished by even the very compact which
provided for the permanency of the remainder. The
Learned Counsel then went at great length into an
examination of several of the island and colony char-
ters, which had been granted within the last two cen-
turies, for the purpose of proving, that in them all it
had been taken for granted that the British laws were
paramount to all local laws. That there was in no
case a precise and positive enactment of the laws of
the conquering or mother country ; but that Courts
were created, and their creation supposed to vest in
them all the powers of the laws of England. Was
it to be held that the blind and injurious law of the
conquered country was to come like a chain upon the
conquerors if they resided there, or so long as they
resided ? Was it not more consonant tia the liberal
principles of the British Constitution, to conceive
that the conquered were raised into the privileges of
the British law, than that the conquerors were to
merge into a common slavery ? It had been urged
that the military had their own law, and therefore
were not injured by the law of the conquered, and.
that none others need go there but voluntarily. But
even among the military, allowing that they could
not be viewed in a civil capacity, there were depart-'
ments ; the Waggon Train, for instance, the persons
composing which were not liable to military
Persons might be led within the conquered district
by accident, or by stress of weather ; and if such per-
sons should be present when some atrocious crime
happened to be committed, were they to have their
koints tugged till they told whatever they might
now on the subject ?
Lord ELLENBOROUGH" The laws of die new con-
quest may either exist, or cease, or be supplied by the
laws, or be qualified by them ; but, in this last case,
how is the poor native of Trinidad to be acquainted
with the qualification ? He may know his own laws,
but how is he to know yours ?
Mr. NoLAN---c4 Those instances in which qualifica-
tion is necessary, are large and unusual : they can sel-
dom occur; of course they are easily marked, nod
they are to be marked by promulgation. They are
chiefly mala in se.
land ELLERPROROUGII" I feel an infinite difficulty
in this mode of distinguishing. lifala in 18 is a phrase
of too lax an interpretation ; suppose the country
were one in which the laws authorize the exposure of
parents ard children ; those arc, if any acts arc, mala
in se. It strikes me, that the law of the country re-
mains till the British Crown acquires a right, or de-
clares its intention of promulgating a new law."
Mr. Noi.lN*" My Lord, let me put a case where
the law of the country cannot act, esitil before any
promulgation of another. Suppose the conquered
country to be Mahommedan ; suppose the British
Chaplain attempts the conversion of the people ; the
authorities of the country are, by their law, empower.
ed to impale the Chaplain; and if nothing is to inter-
vene between him and punishment but the promul-
gation of a law, si hich may not be declared, from
the distance and ether physical reasons, for six
months, he must be impaled. But this cannot be
allowed."

LAW INTELLIGENCE.

COUPT OP COMMON PLEAS, JUNE !S.

HARRIS V. COMBE.

This was an action to recover £9O upon a quaa-
thy of goods sent by the plaintiff to Rio Janeiro, and
which the defendant had insured. It appeared, that
the goods had been totally destroyed by salt water,
the vessel on board of which they were shipped hav-
ing made very bad weather during her outward-
bound passage.
The defendant did not attempt to deny that the
goods had been damaged by the perils of the sea
(against which he had insured them), but contended,
that they were not so much damaged as the plaintiff
said they were. On this account he had paid £5O
into Court, that being, in his opinion, the whole
amount of the damage sustained by the plaintiff.
W. Nailer, however, proved that he was at Rio
Janeiro when the goods in question arrived; and that
they were so damaged as to be rendered totally use-
less. The Jury, therefore, brought in a verdict for
the plaintiff—Damages R4O, which, with the £5O
paid into Court by the defendant, made up the whole
of the plaintiff's demand.

Monday last, the trial of William Old, came on
before the Court of Exchequer, on the charge of hav-
ing in his possession a still, for the purpose of manu-
facturing spirits, without having taken out a licence,
which subjected him in a penalty of £5OO, also for
having a quantity of wash, amounting to between 3
and 400 gallons, the penalty for which is £lO per gal-
lon ; the lib2l was, however, restricted to 100 gal-
lons, the penalty being £lOOO, in both these sums
he was found liable by the Jury.
The ingenuity displayed by Mr. Old, in the erec-
' tion of this still, and in the concealment of it, is
rather of a novel nature, and deserves to be made
public. The still was of very large dimensions, no
less than GO gallons, equal to many used in the re-
gular distilleries. Oil's story is shortly this : Some
time ago he met with a travelling Irish tinker ; he
called him into his shop, which is situated in the
High-street, at the back of the Fountain Well, Edin-
burgh, and asked him if he ever made such an in-
strument as a still. Pat told him, that he could not
'only make it, but use it. He then made an appoint-
ment to meet the tinker in Charlotte-square, where
he blindfolded him, and carried him in a coach, to
his shop ; he then introduced him into a cellar, by a
trap door, in a dark room, through which he passed
from the front to the back shop; this door was neatly
concealed by a small press, and the passage was so
tight that a man could scarcely pass through it ; here
he provided his tinker with copper, who, in a short
time, constructed a still upon the most approved
principles, after which he again blind-folded him,
and set him adrift in a different quarter of the town.
How long this instrument was at work did not ap-
pear on the trial ; but, it is evident that a very
short time would enable the proprietor to meet all
expellees, or pay any penalty he might incur. For
his spirits he found a ready market, his customers
sent their servants with ready cash for what they
wanted, consequently no names appeared, and he
professed a total ignorance of who they were.
Such was the ingenuity with which Mr. Old had
contrived to conceal his operations, that the officers,
even after receiving information, had the greatest
difficulty In finding out where the still was concealed.

Lord ELLVNBOROUGIT" The difficulty vanishes ;
away in practice ; it is merely theoretical : in theory,
undoubtedly, a serious difficulty subsists. It appears
to me that the conquerors lose no privileges, but that
'men residing or settling in a Spanish country, for in-
stance, must be liable to Spanish laws. You have
not introduced British laws, and the country must not
be left entirely without rules of general conduct."
Mr. NOLAN.---" My Lord, the difficulty is not
merely theoretical ; it is practical : I believe a caw
will soon come before you on that point : I do not
• allude to any thing connected with the present one."
The Learned Counsel then went through the re-
maining arguments, and concluded by expressing his
unwillingness to heap any addition of charge or ca-
lumny on the subject of the prosecution. Standing
to speak before that Bench, he (Mr. Nolan) could
have no doubt of finding all that was pure and wise
in justice, and to their Lordships he committed his
inuse. •

COURT OF EXCHEQUER, EDINBURGH, JUNE 21.

Lord EctxNaonomi---a We will consider the ar-
guments which have been so ably urged on both sides,
and give our judgment when we shall have had suffi-
cient time to tot m a final opinion." .
The Court adjourned.

There never was an _instance of a Patent being
granted that has so deservingly met with such merited
encouragement, as in the late wonderful improvement
in the Eyes of Needles, to prevent their cutting.—
This curious article is highly deserving the attention
of all great workers, they being now brought to that
perfection, that the ladies universally allow they far
excel err, ry article of the kind ever manufactured. It
is singalar, that although so many attempts are daily
practised by other manufacturers to make a similar
article, they all fall far short of those made by PAL-
I MEIt of St. James's-street, where they are found in
small packets, containing a small assortment of every
useful size. There cannot be a greater proof of their
superior excellence than the very great demand the
Proprietor has found for them, particularly for expor-
tation, they being an article in high reputation all
over the ContMent.

It is strongly reported, that a pretended dream (often a foun-
dation of fraudulent deception) induced the dreamer to purchase
duplicates of two Tickets in the last Lottery, which the confe-
derates iusured fur prize only, for above Twenty Thousand
Pounds; which insuring is a strong presumptive proof that the
confederates knew that they should hay.' two Twenty Thousand
Pound Prizes, besides a gain of twenty thousand more from the
insurance : so that every other holder of a Ticket or a• Sharehad
not a fair chance in the said two Twenty Thousand Pound
Prima., which naturally causes great discontent.

jurisdiction ? He (Mr. Nolan) felt much
in differing from such distinguished auth
their profession as the Counsel on the oppo
but he felt more deference, in the present
for their genius than for their arguments.
been urged, that as torture was a part of tl
Trinidad previously to the conquest by the
continued so after ; and the case of Cam
Hall, in Cowper, was brought to support
ment of this continuance of the laws in a c
country.
It had been asked, whether the Crown
power, in its contracts with independent
dispense with the ordinary provisions of th
law ?—lt could of course do so under certa
stances ; but cases might be obviously put
dispensation was beyond die power of the
for instance : if it were stipulated that the
Trinidad should be connected with his Ma
sonally, its dominion and revenues attached
the individual King. There might be cer
loges granted to the island contrary to law
rights of other portions of the King's subje
this it was evident that the power even of
was circumscribed, and that in all cases th
the contract, by which the laws of the cot
retained or abolished had a reference ;
looking to the superior influence and
right of the British laws. It followed, I
-ever was directly adverse to British laws
sarily extinguished by even the very comp
provided for the permanency of the remaii
Learned Counsel then went at great leng
examination of several of the island and c(
ters, which had been granted within the la
tulles, for the purpose of proving, that in •
had been taken for granted that the Britisl
paramount to all local laws. That there
case a precise and positive enactment of t
the conquering or mother country ; but f
were created, and their creation supposed
them all the powers of the laws of Engli
1 , it to be held that the blind and injurious
conquered country was to come like a cha
conquerors if they resided there, or so lo
resided ? Was it not more consonant m
principles of the British Constitution, i
that the conquered were raised into the T
the British law, than that the conquer(
merge into a common slavery ? It had
that the military had their own law, an
were not injured by the law of the conq
that none others need go there but volunt
even among the military, allowing that
not be viewed in a civil capacity, there v
ments ; the Waggon Train, for instance,
composing which were not liable to mili
Persons might be led within the conqui
M- by accident, or by stress of weather ; and
sons should be present when some atroe
happened to be committed, were they tc
joints tugged till they told whatever
know on the subject ?
Lord ELLENBOROUGH" The laws of
quest may either exist, or cease, or be sup
laws, or be qualified by them ; but, in th
how is the poor native of Trinidad to be
with the qualification ? He may know h
but how is he to know yours ?
Mr. NOLAN—" Those instances in. whir
tion is necessary, are large and unusual :
dim occur; of course they are easily n
they are to be marked by promulgation.
chiefly mala in se.
Lend ELLEINSOROCCII" I feel an infin
in this mode of distinguishing. lifala in
of too lax an interpretation ; suppose
were one in which the laws authorize the
parents and children ; those arc, if any a
in se. It strikes me, that the law of the
mains till the British Crown acquires a r
glares its intention of promulgating a ne,
Mr. NOLAN*" My Lord, let me put
the law of the country cannot act, elittl
promulgation of another. Suppose thi
country to be Mahommedan ; suppose
Chaplain attempts the conversion of the
- authorities of the country are, by their lai
ed to impale the Chaplain; and if nothin
vene between him and punishment but
gation of a law, which may not be des'
the distance and ether physical rease
months, he must be impaled. But thi
allowed."
Lord ELLVNBOROUGIT*•44 The difficu
away in practice ; it is merely theoretical
undoubtedly, a serious difficulty subsists.
to me that the conquerors lose no privile,
-men residing or settling in a Spanish cot
stance, must be liable to Spanish laws.
not introduced British laws, and the cone
be left entirely without rules of general
Mr. NOLAN.*" My Lord, the cliff
merely theoretical ; it is practical : I lig
will soon come before you on that poin
• allude to any thing connected with the
The Learned Counsel then went thr
znaining arguments, and concluded by e
unwillingness to heap any addition of c
lumny on the subject of the prosecutio
to speak before that Bench, he (Mr.
have no doubt of finding all that was i
in justice, and to their Lordship he c
cause. •
Lord ELLENBOBOUGH•-•" We will co
guments which have been so ably urged
and give our judgment when we shall 1
cient time to tot m a final opinion."
The Court adjourned.
• t