The Statesman.
London, England, 1821-08-31 00:00:00

/I' soul,, 11%; ES.

TRIED AT TUE SCPREME coC IT SYDNEY.
rem 15, 1,429.
INTERESTING CASE TO CAPTAINS,
TOR GOVERNOR R. RIGGS.

This was an action aoainst the Master rf the Gene-
ral Gates American, upon the urinal bond entered
ins, by masters of ships coming to this port, hat air
soiree any person, convict or free, to be carried away
without permission front the Governor, and not to quit
the harbour ni.hout a proper c!e.trence. The General
Gates left the port a brig on the 29th July, Iti 111, and
was sent hack by the Master of the Dromedary store
ship, on the 12th of May last, converted into a ship.
It appeared by the evidence that the defendant had
himself seduced and conveyed on board his vessel five,
bog suffered to be carried ..war fire more C 01116119, and
one free man, from the Colony, many of them being
the best mechanics in the employ of Government. They
were all set to work the ship as soon as the vessel
cleared the heads ; and being bound to Nen. Zealand.
when she arrived at the Bay of Islands, titer wore all
enrolled in the ship's articles, and emploed in Zealand
like the rest of the crew. On the 12111 of April last,
the General Oates fell in with the Dromedary, when
Captain Skinner, being in the service .of the Bri-
tish Government, went on board the American to
reclaim the prisoners of the Crown. The defen-
dant, upon seeing the Dromedary's boat coming
towards him, sent the convicts on shore under pre-
tence of cutting wood ; and, when CaptAin Skin-
ner proceeded to muster the crew, the defendant
at first denied having more than three convicts, bat
afterwards owned to six. The Dromedary's people,
however, found nine on shore. The next day Captain
Skinner sent the prisoners back to this port by the Ge-
neral Gates, in charge of an officcer and crew of the Dro-
tnedarv, together with the defendant in arrest, and only
two of his own ship's company ; but his mate and two
more were afterwards sent hither by the Prince Regent
of this port. There was a great deal of aggravating
matter on both sides, which the Court declined to enter
into, in this dry action upon breaches of the defendant's
bond, which were so clearly proved. The defendant's
Solicitor complained of unlawful seizure, arrest, and im-
prisonment here; and the Solicitor for the Crown recri- ,
urinated with charges of cruelty and starvation of the
convicts on the sealing islands, and attempts to poises
them on board of the ship. But Mr. Justice Pius
said that these matters could not be inquired
into in this action, and might become the subject of
another. At present the Court had nothing to do
with bow the defendant was brought here: the plain-
tiff in this action found him here, and might sae him
for this debt, like any other debtor. His present im-
prisonment had no connection with his original capture,
whether lawful or unlawful : be was now in gaol, un-
der process of this Court, for not finding bail ; and so
far from having a right to complain of hardship and
grievance, it appeared by the evidence before the Court,
that this American, being suffered to refresh his ship
here, while partaking of a valuable fishery, which we
might, if we pleased, monopolise to ourselves, instead
of repaying the hospitality of the port with gratitude,
acted more like a pirate than the subject of a friendly
civilised nation, and went about into low public-
houses seducing some of our best convict mechanics.
The Learned. Judge had no doubt that this was a
breach of the laws of nations between friendly powers,
and might, perhaps, revive the embers of discord in
countries now happily at peace, and involve the de-
fendant himself. in consequences of which he was
little aware. The defendant pleaded that be had now
left seamen on sealing islands, who if not relieved
must starve. For those serious consequences he mast's
hirself be responsible. Although when he left this
port, breaking through its regulations. he might at
have expected to have bee. brought back by any other
constraint than that of perils of the seas, yet he meet
be taken always to have contemplated those fatalaties,