The Statesman.
London, England, 1810-08-02 00:00:00

of September she received a letter from the
Defendant which put an end to all her hopes ;
and would the injury sustained by the Plaintiff stop
there? No it would not; for the regret and ob-
loquy of rejection would, if unexplained, adhere to
her probably to the end of her life. The manner,
too, in which the Defendant had expressed his in.
tentiun of breaking off the marriage, was so We-
hicate as to highly aggravate the injury done to the
Plaintiff; writing to a young woman, a virgin,
stating in gross language that he was intbscite, and
not in a state to marry, and that not from any
irregularities, but from an excess of chastity! it
was too gross and aggravating to be allowed
with impunity. This imbecility the Defend.
out assigned as his reason fur not marrying the
Plaintiff, and expected it to prove a sufficient jus-
tification of his conduct ; yet four days after, viz.
on the 26th of September, he again wrote to the
Plaintiff, informing hit., that the cause which he
deplored, as preventing their marriage in his letter
of the 22d, no longer existed ! The Defendant
again insulted the Plaintiff with same indelicate
• statements of some bodily infirmities to which he
was subject. ' •
The Counsel for the Defendant had told the
Jury, that in giving damages to the Plaintiff, they
were to take into consideration the link value of
the Defesidaut ; they would also take into consi-
deration, - that no person should • make his Ostis
worthlessness an excess dor misconduct and in-'
jury done to another, or predicts it hi a:Court of
Law in mitigation of damages. The happiness of
the present moment, and the future prospects' of
females, were not to be played within such a way
with impunity.

. I

The Jury, in a few minutes, returiod a verdict
for the Plaiutiff....Damages 60001.

COURT OF COMMON PLEAS, GUI LOMA', Anal l:
Silting: before Sir JANZS MANS, MO2 and
Special Juries.

MONTAGUE V. JANIIIIRINb,
This was an action for money had and received.,
Mr. Serjeant SURIPMZEID stated that_ (hie war an
action of very great importance to the officers of:
the Navy. The Plaintiff was Port-Admiral at
portsmouth, and the Defendant was 'Captain of-
the Pluto frigate, which was sends t the command,
d the Admiyal on that elation. The Admiral
claimed a proportion of a sum received by Cap.
tails Janverin, for the freight of a quantity of
Specie, which, by the order of Government, he.
bad taken to GUjott, in Spain. This demand
rested on the universal and invariable custom of
the navy; and this was the .first time be believed
when, it had been opposed; for though disputed
had occurred at times relative to the different Ad:
minds on the same station, the general principlt
had always been admitted ; and he trusted hd
should have a verdict, when he proied that it !is
customary for the flag officer on a station to i•e:
ceive a certain quota of the freightage paid to cap:
tains under his command. lie had himself bee*
Counsel on two great causes, where the principle
was recognized. In the first of these, •Adrutret
Parker was the Plaintiff, and Eatt St: Vincenti
the Defendant. in this case a quantity of•treasirat
bad been shipped on board one of his Majesty's
vessels of war belonging to the fleet, of which
'Earl St. Vincent was Commander in Chief. The
Captain of that vessel paid over to Earl St. Vin.
cent, as first in command, one-third of the freight.
age, as was customary; and Admiral Parker, who
w 4 a juuior Admiral in the same fleet, brought
his action to recover a junior Ad'miral's share of
the one.third so paid suer. In the preceding case,.
Captain Douuelly, of the Narcissus, having con-
veyed a great quantity of treasure from Me
Janeiro, paid to.. Sir Home Popham the Onb:
third, which was 'customarily given the Flag,
Officer ; but he subsequently brought his Ise.'
lion fer restitution of the money 'so paid, on
the •groand, that, though Sir Hosts* Popbries

was aConimodore; h was not a Flag O 1

;
.

cer. In both these cases, there was a plain.
recognition .of the principle for which ins !client
contended. The Plaintiff in the action then be.
fore the Court commanded at Portimbiath, and the.
Defendant was Captain of a frigate 'admitted to
have been within his jurisdiction. Whatever er.
tiers may be transmitted by the Admiralty for the
direction of particular vessels, when the:Admiral
commanding, on the station receives.such. enters,
and delivers them to the Captain of vessel
destined Tfur. any particalaroervicef the latter is
acting wider the command of, the Admiralty, and
not under the. Admirakbesides, as has been as.
salted. But where the Admiralty wish that a
CIA gtais, altuakl withdraw, hiniselfr from the toes.
mand el.& particular Admiral ; when these 'orders
ass given, the Admiralty apprize the Commanding
Qacer
sof the event, end‘the offeousse,'
reuderedlindepeodent. of him. If; he was sot
mOinforasell. in .what. hadibesto etatedtto hian, env;
width bed *awaited opint.hy many, off the first
step in 'the Naryi whom. he thonld.rell dlet day
to verity *fact, he would. ' sbew. that Aidmiret
Montague was:justly entitled tomits.tbinl 'of 'the
froightege fleeing/03r eorOssilloio kit !or. '
dere.. „Whit preaent vflion.graw eel etfy the
igst;illenelltnnosaw Gneerpatiott, steenti4 ;were...
COW, 44,'"*"1'.01111001, agriPeAkt.4o.6oolti, eh's'
Lordoof the Admiralty tranOtattted,ll Oder so
Admirel!kleetegue !at ,fartinnootli, dirneting
to dispatch either the....solibty. Or • *d ilato
gatu, which ever *ark eenventein: be;
spared on the servine.- .'Pbe PASO; Coin skled.
by Captain Jansen% wet scsordiegly 3441:sad
it the money fur ibe freightage wag iiW.‘ -The
Plsintiff demanded the 'enstonsery alloWenee, chat.
the Defendant related to cohntly hi* the rcquiii.
lion. If Admiral: Montague were net.''peirtictir
correct in his demand, then nor only rawly 'OO ',air'
greatest naval heroes who' 'era nbw living, bet
malty also who have ceased to ezist, hive'Odell,
contrary to justice. There had been dispute* abbif'
the sum tote paid for freightage to ebb Geptebti'
and cases had also arisen, where, in transhipping'
treasure from one vessel to another, different*.
had occurred as to the sem" to be paid to the origla
sal earner, and that to be given to him ors bead'
whose vessel the specie was ultimately shipped.
la consequence of the public business being re=