Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-05-18

with the word -0l~uOAiE>@- 1S-@aAiAA =.
,here(are. that such Is the fact, ven
ture to address YOU
IL one of Mr.. Van Ambargh's MID
beasts were TO come TO your Honor and
annlv for an Injunction against the laEa5-
who Is introduced into the den- % Preyeal
his being devoured BY the sa1d LAMB.
vour honor would certainly receive the
request with caution NJ all eveuts- Leu
would not upon such an r part state
uent pronounce before the court thai
the lamb was q --carnIverO1s ruEnan-
am certainly not lamb. nor = there
much of the lion In Mr.. Colburns o1i
still the analogy 50 far holds good De-
tween rs. In our relative situations as
bookseller and author, that the nrsi >
generally the preying party. and ne
latter the one proved upous ard, Win
this knowledge, which yOu must certain
ly possess, should your honor not have
paused before YOU came 10 such a haszy
decision, and. upon the q pdFts stats
ment of a book seller 50 well knoWn as
Mr.. Colburn. pronounced ID the court
and 10 the world that my conduct vas
dishonest.
Should not YOUR Homer have reflected
on the importance attached 10 any ex-
pressions of this kind from n person -
your high and responsible s5tua,lOE-e1
the injury which one hzsty word Hltgat
infiict upon the character Of an ofneer
who has now to disProve this assertion
TO the Admiralty from whom he receives
his commission, 10 his brother officers
and to the public at Target
Nav inquire the reason Of this graf
uitous preludgmentl Your Honor WAS
applied to for an Injunction, AMI upon
the showing of the party was right N
granting il; but your opinion, as well
as YOUR decision upon the merits OF the
case, you were bound, Is Vice Chan
celIor and a Just man. TO reserve untli
the evidence on both sides had been pro
duced. IL Is true that the exPresslon
was afterwards qualified; but that little
Ii is also probable that your honor NAV
pronounce a very different judgment =
hearing the whole merits Of the case
but still the injury 10 a certain degree
must remain. Defamation flies Ike the
wind, while refutation halts lazIly BE-
hind. The world receives the one VITA
avidity while Il looks with suspicion up
on the other.
must observe that the first notice /
had of any legal proceeding having been
instituted against me. was through the
report of the Sun Of Saturday Wheth-
er Mr.. Colburn has law on MS side. |
do not know, and very little care, but Of
this [ am certain, that have honesty On
mine Trusting that the wIndIng-uP Of
this case will prove 4 caution . your
honor not to pronounce 50 hasty a I1dg-
ment in future,
am your honOr's very Obedient hum
bic servant, F. MARRIATT-
On the 28th of February the ease
came before the Vice Chancellor On Al
motion to dissolve the injuncti0n-which
his honor denied: with an intimation 20
Peter Simple that If he was not salts
fed, he might try the question IN sult
at law.
In giving his opinion the Eice Chan
ceIIor bore rather hard upon the conduct
of Captain Marryatt; who, II appeared
by his own showing had sold the copy
right of the Phantom Ship % n publish
er IN this country, and agreed 70 furnish
the copy so that 1t might b. Published
by the 1st of March, bat had On his ar
rival in England, made a proposal %
MIR. COlburn not 70 send the manuscripts
to this country. If Mr.. COlburu would
make it worth his while 10 keep II back
In one of his letters 70 Mr. e he said.
II care not for the American. provided
| am but indemnified- the Wee
understood 10 mean that he
did not think himself bound % ful6l his
contract, if Il should Be his IN
terest 10 break It.