Law Report.
The Times, 1824-07-31T00:00:00

This case excited considerable interest.- The Court was crowded before nine o'clock. At half-past nine the LORD CHIEF Jus. TICE took his seat on the bench; on his right sat his Roval High- ness the Duke of York and Earl Bathurst; on his left wrere Lord Palmerston, Sir Henry Torrens, and severnd other persons at the heaa of the military departments. Alr. CAMERON opened the pleadings. This was an action brought by T. Bradley, Esq., late licutenant-.slonel of the 2d West In- dia Regiment, against Lieutenant-Colonel G. Arthur, for false im- prisonnment. The defendant pleaded " not guilty." He further plead- ed a justification of the arrest complained of'-namelv, that he was an ofHcer in the army, and superintendlent and comnmandant of the forces at Honduras, and that the ulaintiff having been guilty of a breach of military tliscipline, he had caused him to be placed under arrest until he could be tried by a court-martial, or brought before some other competent tribunal of a siinilar nature. This was de- nied generally on the part of the plaintiff, who further alleged, that the defendant had imprisonied him for a much longer time than was lawful or necessary for the ends of justice, even supposing that he had the power to order his arrest. To this the defendant pleaded "not guilty."I Mr.BROuoGHAr stated the plaintiff's case. The plaintiff, Colonel Bradley, whom he had the honour to represent, was a gentleman, who had, after a long period of military service, with an unim- peached character, obtained a high rank in His Majesty's army. He entered the service very early in lite and having exposed himself to all itS vicissitudes, in, he would venlu.e to say, a branch of the ser- vice least attenlded with the chance of rewards, most exposed to want of comfort, and beset by all manner of irksome hazards, in the WYest Indies, hati succeeded at length in obtaining the rank of Lien- tenant-Colonel in that army, by merit, and by merit alone. He owed it not to wealth, nor to poverful friends, to which he was much afraid there prevailed a strong impression, that in most other cases, the surest, nay, he was perfectly certain, the speediest road to pre'fer. tnent was founid. He had told the jury that it was in the West In- dies the plaintiff had earned that rank, by a long service, full of activity and diligence, for a period of 20 years, and the best 20 of human iife. In the year 1819 he was a Miajoi of longstanding, and wns then ordered witlh his detachment to Honduras, where he found as superintendent anti commander of the colony, Lientenaut. Colonel Arthur,the present defendant, and who was also Lieuterant- Colonel of a regiment called the York Chasseurs, and then on full pay, that regiment being at the timne an existing one. Colonel Bradley being an inferior officer to Colonel Arthur, was, as a ma.tter of course, obedient to his superior orders, anti under his command. He believed it would be found that no person who had ever stood in the situation of the plaintiff; ever yieded a more ready and cheerful obedieace than he had always done to the commands of his superior officers-or had ever inculcated a more strict. more implicit, and more unhesitating obedience, through all the gradations of rank which lie had fiUed in the service. Indeed be might go farther, though it was less to his purpose, and show that Colonel Bradley even went beyond the line of his duty in this respect, and had vo- lunteered his services, as well as induced others to do so, for the pur- Fose, at much labour and no sm-tll share of risk from the insalu. brity of the climate, of accomplishing mnostimportantpublicworks; clearing a forest in the nieighbourhood of the camp; making useful roads in the the vicinity; draining, and rendering not only habitable but healthy, a swaimp; and that for this arduous service, he and Isis soldiers were ordered a reward by the settlement, whicli was received by all but tie plainitiff, who declined accepting it. The plaintifflvent to the settlement at the end of 1818, and re. sided there in the following year; and the part whicir he had taken, and which was involved in the present trial, occurred in the ead of 1818, and the first portion of 1819. At the latter period information reached thie colony that *he York Chasseurs, of which the defendant had the lieutenant-colonelcy which conferred upon him rmilitaryrank, were about to be disbanded. The approaching circumstance was ot such notoriety, that the defentlant often talked of it to the plaintiff, with at that time an invariable adnrission,thatlhismilitaryrank would cease wlthi his coloieley, and of consequence his superiority of viiii- tory command over the plaintilf Still the defenidant might remain governor-still might hebe civil officer in full comnnand of the colony; but in a military capacity, he ceased to exist the nioment his regiment wvar disbantled, amim himselfputon 1alf pay. He bad never, tp to the period alluded to,even gonese faras to whisper tliattbiis cessation ofper- sonal military rank was theinevitable and inseant consequence of the official disbanding of hlis regiment. Accordingly. impressed with this conviction, ttie defendant had evers gone so far as to point out that the charge of military command would dlevolve upon Colonel Bradley, and he volunteered in professed kindness, or at leaat in courtesy towards himr, to offer what was commonly caUed hiis in- terest, or influence, (well knowing that Colonel Bradley hintself had neither), to obtain for him, from those higher in power, certain allowances of forage anti othier emlloluments which he thought the Colonel ought to have. Early in 1819 the expected disbandment of the York Chasseurs took place; lie believed it w as promulgated if not on tihe 25th of August, certainly on the 20th of October, it being the usual practice on such occasionis to allow two months after the actual reduction took place, befbre the half-pay allowances came iwto operation. At all events,nothing cotild possibly retard the half-pay ar- rangemnicts beyond Christmas. 1819. 't'heregimentwas embarked for Carrada, where it wasdisbandeda-tthe time he had mentioned. That done,thcirergnient militatily ceased to exist,and theregular notification of placing the officers on half-pay was promult,ated in the Army l,ist. So that, as clear as the face of day, the man wvhose military rank de. penided upon the York Chasseurs, ceased to hold that rank, and could no longer, as of that title, liold the command of troops, bowever qua- lifiedi he might be for a governorslhip and although as a govenror he might have the power of orderiiig out militarv masses for tire general defence of tirc place in which he governeJ, still he had no immediate personal military comnmand, and must direct his intended arrange- merits throtigli tie regular military oflicers in commission on the spot. It became somewhat surprising to Colonel Bradley, that after this important fact of the disbandment becamc known in the settle- mnlt, thlat CSolonel Arthur marde ne communication to him of the change which bad taken place in their relative military situations. Ile waited, however, with no inconsiderable anxiety for some time longer. They would mark the natural, anxiety which Ce- lenal Brae;leymust have had. HIadthe question of rank merclv. brer subordinate-had it beets that of-a lieutenant, an ensign, a. sergeant, or 'a corporal, and that the riatter in question was winich of two superior officers should command them, the differcnc w ould sink intonothling, for to such officers it would be clearlyamatter-of indifference which of the two shonld be in the sapremc commanssd. But olonl Brdleys ~pnsiblity-Wasof i dA1ereiat,, fily, c? oppsit lend.Bya necessatry consequence; the momenit the Milii. rar rnk f oloelAurthur ceaseu, that of Colonel Beadkerwas to uply tsplae,and upon him netdessarilIy devolved the rliay chare, nd ts ccoPanying responsiblijty.Terlavedte wer clarttheonewasconsecutive, be (the planif)hdntol a rghtto ssue i, bt it was h;sbudnhsiprtv uyt tak i. Te ffierwas bound tooei i afl ueir swl as te mot comonprivate solde.nodnaycssieast mak no inquiry; there vwas to be no cavil, -nodscsinnoau. ment, no disputatl00 upon the matter; the natueo h evc the very essence of military discipline, precludd llscco. testations upon Such poinis between interior and superior offi- cers. This alt maust admit. But the lawfil superior tunst be palpably such. The next in commaandl mnust hnO ta he ,who asires to comumanid him hais the requiisite interat militXary rank,and is not a mere civilian incidenal deriving LT give obedience to any unrecognized auhrty as egal..f or an offi- car to de so was not only illegal, but it wits a direct and flagralnt breach of duty, which would make him answerable for all the con. sequences accring from his acts. Thi-s was a comfort to brave mnen, andl ought to be so to them in the disckarge of tieir arduous and often,delicate duties-that If they found themselves inl situations en- compassed by great difficulties, and whnere ordinarvy minds mnigh' b disposed t-o shiritik from responsibility in the com'inion and vulgar routine of submissiveness, they, feeling the rs,feigteY!p, sibility for those under themn and intruste to-,feln the. rso. hazarTd the wiser anti more honourabl dagrx..h only would Wthich A brave nian woldal uh-n ak hgmceete ors when so placed,of going straight fbrwa ~ ~ ntsrnigfreindoing what was right, when by so shrinking te ih exo oqa risks the other way, ithoutthe tatistacino eln rkoigta they hid manftill y d'ischarged theirdutyNwhtwsteculiu tion of Colonel Bradley, whLo, not satifethtClnlAtuha the lawful superioriy u,o h otay lal foiinta the tact was notoiuofhsiltrrakhin cee,hanw that if any thing wn iiaiywog he (onel Braeyouf as a military man ehl ernil for te misearcea an by the very same me h o icutenanced what he hddn in te lotist nd anfl dschrgeof hs proper duty, accorigt the strict prncile omitaydsplne, which were lnfiniteymr rgrous than toeo h uhrt undler wvhich ColonelAhu hagd chosien to atYs,iConeBrdley had shrank fromn that responsibility, and an miltr disaster had occurred, those. very authorities who now couintenanced his adversary would have been thte first to have vitsited upon himn an overpowering responsibffi. ty, under which hiemnusthavesnrunk fromn the natureof his sitnati0n, lie would nowvproceed to shtow thediff'ereit veiewaf militarv dicipline which the plaintiff and the defendant had tulten. After ihe discus.. sions which had taken paher between the plaintiffandl defendant pre-. v-ious to the disbandnment~ and after thie delay in the asser.. tion of Colonel Bradley's pretentions, to which be had already alluded, he aee a mnost respectf ul request to the defendanlt, to knoiv' bwhat authoity he continued to retain the militar comnxaDl. Mothing hiad hitherto been offered in proof of the aefenaant's riglj;, no, nor even had any assertion been made that there 'was any com- mission in existence to entitle him to possess It. When the subject wvas revived, it was quite true that Colonel Arthur gave argument1s in abundance why he thought hittiiself he should have the commnano, or rather from which he infrrred he ought to possess it; he tioned, indeed, letters from high asith&ities at homne, but stated nG dates, though in themn the dates .were every thing, in which he was still addIressed as Lieut.-.colonel: the address, bowever,meant niothing; for even Col. Bradley himself had been addressed by the name ofLieat. IColonel, in letters written to him br the defendant in this cause, after that same defendant had officially aninounced to him (the plain.. tiff') that fie ceased to belong to the ermy. Colonel Arthur, how.. ever, in the course of these proceedings, had recourse to an Army List, whiere he still found a statement tibat he wyas commandant of Honduras, acting under the Duke of' Manchesiter, whno was Go.. vernor of Jamaica, or General Conrani who commanded at the Ba.. Ihamias ; and fromW this statement Colo'newl Arthur inferred-..but God kniew how, for he could not distinctly tell himnself-that he snust be still in the faill possession of his military rank. Co'lonel Bradley,, w6ishing to avoid as muchi as possible a continuance of this painf~ul. dliscussion, holding the first duty of a soldLier to be obedience., ac aLnupnte undeniable miaxim that he was himself the fittest to. enjy te ighstcommand, who had when subordinate yielded the readiest obedijeaceto those who ha,dtheright to require it-ijol. Brad.. ley wished toavoidthe discussion,but notto be committed in obedi.ncee to one whio had, no right I.corrmand. He felt, and properly felt, that he who wias most prone to be the fitting slave before he becamie hhmself exalted,' was the most like-ly to play the tyrant after. Colonel Bradley, then, only asked Colonel Arthur how' he was Ihis superior o9fficer, and to promulgate to the garrison the title by which he enjoyed his asserted military rank hipthat station. This did not suit the ideas of discipline entertained by Col. Arthur, who was at the timle, probably, awaiting the arrival of sonlr commission, which his very aecdoas and words showed he did not then possess From December to Mlarch, Colonel Bradley waited, anxiously expecting and hoping thiat sonie adequate commission would arrive to Colonel Arthur. Whiat signified to him (the plaintiff) the short ad interim command? lHe was anxious for any thing whnich had a tendency 10. extricate him from the risk of unlawful obedience. Still he waited, and in vain, until at length Colonel Arthur fell upon an expedient to extricate himself which the jury would hear with astonishment. The objections of&loonel Bradley had now assumedt a deifinie ad precise shape. In order to meet the eyes of others, Cooe rtrhadl recourse to vehat he would venture to say (of course, all Ignorant as he, Mlr. Broughasm, was of military tactics) was never attempted by any other nuiilitary mnan., at least by any such mean who had any, rational idea of what was military discipline. He caUcda meeting-..notcailed, indeed,but requested one-by a sort ot circular appeal, not order, to invite together certain officers an.. nexed to the a-my ; some of them were certainly quas.i military, but; their functio'ns were more akin to the civil department. This meet.. ing was held at the Governor's head-quarters. It was attenided by- the following persons-first after Cjolonel Arthur's own name, was the Rev. J.Armstrong, officiating-chaplain to the garrison; then the Brigade Major, two Assistant Coinr.i&sasries, t,o Rospitaj Assis.t.. ants,thten fouror five miilitary offiers of undeniable rank, being in all, including C~olonel Arthur, at majority of barely one 01' realy coin. mnissionedi military officers ; for there were seven of such ofileers, and six of the others to whom he hatd alluded, who hadi attended this very extraordinary meeting, convened -for whaet purpoe ? A meeting of soldie-s itas somewhat of a sole.. clsm in language-a meeting of soldiers by a mere request to come, was a little miore repugnant still; but for a meeting bo assem.. bled through such a request, to sit in debate, as if they resembled one of those great bodies who occasionally sat in dlebate ins ore of those great buildings whichi are to ha seen in Westamineter ; or like the boy that sometimes mect near that place (alluding to Guild.. liail), which wras not composed of very military, hot of very civil personages; but this sitting of a military convention as it were, to debate upcton a military topic, was inadeed somnewhat of a novel chrce.They went quite regularly to work. As th-e civilianls who once a year wvere in the habit of meetnug elsewhere were addIressed by an opening spee-ch preparatory to being called upo to exercise their functions, so was this military convention. Colonel Arthur opened it insa speech of considerable length ; hisareguments on that occasion filled six or eight of his (the learned coutnsel's) brief sheets;, he used a rast quiantity, of words, as he hid done be.. fore with Colonel BraLdley', to show why lie f)ught to have the coin. mand ; anid then he comptendiously, as before, drew the.inferenre that he had it; and he concluded b~y regularly putting tite questiona to the meeting, whether the fact were not so. He'produced throughout ,he whole no commission ; he reasoned with ample prolixity but he adduced no pLroof, nor even-alleged that he possecssed any. lie said to them-1 Do you iiot feel yourselves convinced by m;y rhetoric, persuaded by my l[ogic, and 'in defiance of anyv coannaission or doen.. imentary auntority, orthe assertion even that I have either, do you not acknollmedge me as yokr lawful Euperiot?"."'Av," said the meeting, '1moat certainly we unanimiously acknowledge you our cormnander."; So tha-t lere wvas a military untanimous recognition, if not an acetual~ election of Colonel Arthur, to coDntinue commander..in.ci,ief of the settlemnent-a decision to which they hiad just as much authority, in tdecorum or in right, to recognize, as they would have had to elect any otherm niato fill sucti an office. They would, of course,expect that Colonel Bradley was invited to the meeting, but they could not marvel at his absetnee frorm- such an assembly. B-e received the usual request for his attendance, which was sent round to all the rest of the half civil and hialf nilitary officers ; but they wouild take it for granted that Colonel Bradley hiad not served fOr2O years in hbis Malsjestv's army for nothing-he had not beens long in qualifyin himself for command, end when he had 1sobtie it hw inghi fitness, by a refetence to the uniform, constant, unhesitating ohe.. dience he hiad shown to those whose station was over him. He was from that experience nor ignorant, that if he attended snoh a mneer.. ing, hie woula th~ereby become partly respotisible for its illegality, fbr its gross violation of all that military disciplitie whieh he had been so long taught to enforce, and m~ost of all, for its sub.. version of every principle ofi-nilitary decorum,"I will obeyvyou," said he, " if'you will show me any military authority that discipliHe caia recognize. I will go further. I will obey you, if you issue a garrison order, antnoun1cing 19YourSelf as the military cotmmn"dant." Colonel Braidley had a good deal of discussion with te ile utry-offi. cer whi)o brought himi the notification to attend, but he persevered in his sente of military duty, andl said he would rather be p at under arrest than attend it. lie was taken by the defendant at his word. for on the 23d of Mlay, his sword was taken from him, and he wa's kept under close arrest for 73 days, until, on the 2d or lid of August, there came an order from the 06lntmander-.in..Chief' in Jamaicai, di- rectiiig that the close arres was not to conitinuie, and that be slhould be put upon what w'as caled arrestat large. Still his swoedwasdo.. tainedfrom him--still his brother officerswere withdmwatji. ,hm although he wvas relieved from the close confinement hf _his own' chamber, in sbuch a period of the year, and in I a..liar so unhealthy, yet he reinained on p'arold and was i, pr. nuitted to leave the island, it wvas now necessary 'Mtn he should call thieir attentiun to the prom-dinlgs whch bad taken lilace in this situation of Colonel Bradlety's affairs, and to point our the trme which bad elapsed duri;ng his duresse. Colonel Arthur had sent ofF two despatehes, one to Jamaica, the other to Engla,nd, stating wvhat he had done. In answer to that to, Jamaica, came the mitigation of the arrest of which lie had just spok-en. The answer from England could not, from the distnce, arrive for some time after. And here be would dismiisi for the pree. sent, the righit of Colonel Arthur to detain Colontel BeadleT at 411 for the first 73 days, for the purpose of ,-niing at his sec'nd PrOPo. sition. Adnmtiung for argument sake the first, they) had he thi- tbigh t, k-e, him oln in - ha predic--Ament--- If -olone Ar-hur-ha teomme tnetginuing no title, then Colonzl Bradley was not bound to obedience, and in fact he succeeded to the military rank asa ruatter of course. Butsupposingthe right todo thc firbt-to treat the plaintiff as he had been treated Cor that space of time-wShat right lhad he so to prolong the punishmentiRlt wasone of zheArticlesof WFar wli'h by statute fornueci a part of the law of the land, that accrding to the 24th atticle, section 16, when a person accused of crime " shall be put under arrest by his- commanding offlcer, he shaltibe tried by conrt..nartiat by lawful1 authtority." The 25th section was as follows-" That no officer shall be continued in confineiment more than eight days, or until such time as a court-martial can be conveniently assemnbled." He (Mr. Brouhatni) thoughlt that the Jury wvould gree witht him, that there was no reason why tohrlie Arthur shonid be allowved to extend the tmne of convening a court. martial, anld in such a soil as Hlondutas. To fonti a court..mgrtij required the presence of. 12 of ricers and a President. He should-h0 told that the numtber waws not in the settlemlent, and his reply wrould be, wass not Hlondmirss situated to windward of ' Jamnicl ? - Thj5 pro. longed the paESsage, and mnade it ten or eleven days, whereas It was only five dalys from Jamaica in return, so th.at the voyage to and from could be accomplishedl in three wieeks, a.nd the necessa numnber of offlcers could be procured. Nowv if Czolonel h,Y had the eight to arrest, he nad- the undoubted right to con.. vene the cout-muartia: his rigl:t in that view was as e as the paramtount right which the illustrious personage ther Dukte of York) in whose prxesece hr (IiUr. lkolglwaun) hbad1 thkehonoiir to address them, was en itled to ercsse ?Yer lhecz military -afiira of the army, nf which lhe D85s Cnmniander..in.C'ni under fIls AMajesty. If ColoneLAi-thur felt, then, he had thme nhu rity for whlich hie had been contenlding, wh~y not hasve acted prohaptl*y upon the Articdesof WVar~ It wa5his brusdeti d;uty,im f'naetie-, td have Put the Matter Into a~ train of mnilitary Inquiry.' He bhad done ano such thing: Pie knew he bad not the power which he conitended for ; and up to this hour he had never ventured to convene a court. martial u on the plaintifF. It mtght, perhaps, be said, that he had! done iC s MYt in afnding the matter by hbi report to Jamaica, and actiug upon th~eoroecr transmnittei in retuirn from the comnmanidant on that 8tatio.n. 'But if the aet were ille-gal from the beginning, what Was done b~the su?erio- officer did] not rectify the illegality. The act was in itse illega, andl not rendered the mnore lawful by being passed through intermeikate hands: both, instead of one, becanie then in-' volved in the illegality. Helhad already stated to them, that Colonel Bradley had remainea in close detention until the 3dofAgut ana fromn that time until the I1th of Nov.. he remainedi underaarrest at large, when there arrived a communicationi in consequernce of the homeward despatch igent by Colonel Arthur, andI that tespatch con- veyed the unexpected and afflicting intelligence thiat liS R-OYAl Hibesthe Commander-in.Chief, under all the circumstances of the case, hiad 'received Ills M%ajesty's order that Colonel Btradley should cease to remain any longer in the service. Theore was super- added thim qualification that be was Allowed to sell hiis majoirity, thoUghl not the licuttnant colonel y whichb he had acquired, as the order saidl, without purhatse. He hbad niot purchased it, moat true, for he badl not ineans to do so, but he hadl acquired it ho. nourably- hy the length andl meritorious activit of hiis ser- vice. Thus was hie at once stripped of hiis rank bv the flat of the authtorities at home. lie hlow canwe to the 3d bTrvncl of his rtatemrent, in behalf of the plaintiff, and it was one so indle- Pendent of the other two, thlat if the jury did not, contratry to hils anticipation, go aloing with hiim respecting thiem-if they thiought both propositionsq were wrong, still this thirdI one was so distinct thiat they muist give his c-lient the benefit of it. For then a total change tonk place, in the circumstances of Colonel Bradley himself'. Whatever doubt 4might be entertained of Colonel Arthur's rank, there could be none after this cormmiunication of Colonel Bradley's. The wildest stretch of the wildest imagination coulda no longer tde- 'vise anY military, rank for him ; lie no longer possessed any mnili- tary rank, and there was an end to his claim. 'still, however, after the receipt of thi- letter fiom the authorities at home, which put an end to Colonel Bradley's commission, he wvas detained by Colonel Arthur at Honduras; that was thne subject of the third-branch of his statement; and forsuch further detention there could not possi- bly be any sort of justiiicatifn. lHe foundI himself discharged after his long service : he was naturally anixious to return honie and state his case to tlie authorities engaged in the executive departmenlt Of military affairs, and he hoped, with a juist confidence on their hoas'ur and integrity, that when he camne to lhead-quarters, then, at least, 'Would he be assured of reparation. But to retuirn he wvas not allowed : he applied again and again to Colonel Arthur for permission. The latter even inivited those applications whichi he afierwards disallow- ed ; for in one of hfis letters addressed to the plaintiff; he informed him, that not wisbaing to aggravate his rufferings, he -would facilitate his3progress omeward. He, however,did not ailow* Colonel Brad- ley to return until the BOth of Mlarch, ust ten mouthis after Ihis oni- girl arrest, and just four months and upwards since he ceased to be mensble to militar7 lawv,and since the arrival of the order forhis removal freoz the service. Then at length his sword was retuirned to him, whben his commission to use it was withdrawn, anid then watt he restored to libertv and permitted to return, with broken fortjste, with disabled heal'th, and too late for the redress of those 'w - which lied lie arrived in time aiid before the linal decision upon Col. Arthur's s tatement hail been pronounced, wvould no doubt have been afiorded, had the Commaunder..in-CMief had the Opportunity of hearing the real state of Col. BradIley's case. So failing in hi,; ap- Plication to the military tribunals, he now appeatled to a jury of his fellow countrymen for redress. J-Ie knew, indeed, that where the de- fendant had prepared such a copious display of arg-uments, he wvould be told that Colonel Arthur did not at the time, when lie oughit to have known it, consider himself as officially apprised of Coloniel Bradley's dismissl from the army, and that until he saw a paper writing, beginning "1Whereas," and an official seal appended to it, he was not bound to take cognizance of the colonel's disminssal. And they were to he told all this, on the pairt of a person who, all through the piece, dealt in arguments and inferences 'himself to the prejudice of a gallant officer-who deemed authentic ptroofs unnecessary wlhere they ought to have been indispensably refpired, and siow claimned exemption from recognizing as authentic the most indutbitable tesdtimonies of a fact, when thec current of it ran the ethier way. Neverthelessiin diefiance of' his own example, he persevered in in- flicting a continuance of the same privation uponi the plaintiff' re-. jecting for himi all the presumptions whichbhe with farc less of ani- tliority assumed for hiimself. On this last and third point, which was independent of and untouched by the preceding two, hie clainied a verdict with confidenc-e from tile jury. He (M1r. Broegham) had omitted to touich upon one point by way of illustration. althotigh it certainly involved mnuch of filet and argument. He had told them at the beginning of his statement of the heavy responsibility which Colonel Bradley felt from acting under whiat he felt to be en ille- gally assumed au tboritv. He was in the habit of presii!ng at cotnrts-.martial convened by Colonel Arthur. Men were at those courts put upon their trials for crimes of a higli description there were proceedings and sentences acted upon in that manner : lie had not only to approve of those sentences, but to order their execu- tion. See the risk of such proceedings, hut above all, let them mark the demeanour of Colonel Arthur pending such trials. He held in his hand a letter written by that gentleman, in whicht he carried his pretensions to command a, great deal farther than any other officer in the world had ever ventured to do--much further than the illus- trious Commanader-fin.Cliief couldl dream of scvggesting, although his presiding authority was controlling and uinquestioniable. Here wa8 a letter of Colonel Arthiur to the plaintiff, while ac-ing as president of acourt-m-artial in which he writes that "a crime havinigbeen sent (crime meant a charge of crime) in Against a gunner, I have to re- quire that he may, be brought before the court of whiceh you are preisident; and as this mnan is a most incorrigible bad soldier, and has been several times punished without effect, the same observation I have already- made in other caseso of a similar nature (showing that hebad been tampering before) wvill apply tolhis--to inflict upon hiim the full puni-hment, provided he shall be found guilty of the cilme of which he is charged."1 letre, then, was Colonel Athur, by virtue of his civil authority as superintendent of the settlenieni, pro.. posing to dictate to the President of a court-martial what shouild be the sentencre of a culprit, in the event of his being found guilty of a charge. Did they' ever hear of such a step of autbori-ty ? XVas there ever a- more indecorous act? Under these circumnstances the plainktiff came before them, and beset in this his last stage of the proceeding3 with an accumulation of the dlifficulties whichi had pursued himn throughout the whole of his efforts to obtain re- dressg. The same cause operated alike from beginning to the end- power and authorityon the onehand, bearinig downi and overwhelm- ing a po and defenceless man on the other: He had no interet to pled:he only camne withi his merits to recommend him-his; sole title wa i nie Tu,ti iht not be the result of interest and inlfluence-with the Comimander-in-Chief it could not; hut still, thicconsequence to the sufferer was thesame. It was the knowledge oflsuch a feelng, howev,er erroneous, that thiey had tobear up against. Power in Honduras was brought as-ainst theplaintiff,and theT;ea'Sury here conducted the defence for the author of the Aggression. This was knowr..it wvas notoriouis, and the witniesses whiocould give the neces- sary information on behalf of the plaintiff were themselves exposed to the prejudiceof such an influe cc beingz In existence ; it was in its effect fatal to the facilities which thle plaintiff ought to have. So, down to the present moment, he (Mlr. Broughami) could not, as in all ordi- nary cases, tell what his evidence would be. Their complaint was simple~-.their declaration was comprised in a single folio; and thit simple allegatlon was met hy a mass of pleadings atnt depositions, not one of which in 100 was worth a farthing in the cause. Hle would call one or two wvitnesses, believing that they would speakc tIle treith, but not knowing what was their view of the case. W~hen he iniputed ttie belief in the influence of power and prej'udice in thiisecause to others without participating in it himself, he begge4 to reserve one exc,ption anid that was to the act of the Government, wbich, pending this 9uestion, conferredi a plenary approbation upon the de- fendant, by giving him promotion to a higher command. Had lie noe then, A right to complain of what the plaintiff had suffered tip to tiiis day of trial ? Here, now, wvith the Trreasutry Purse,- he had hiis claim,,on one folio re-corded, encountered by 54 special pleas on 90 shcets of paper, and the expense of this enormous record must fall upoii him, if the slightest error should be fouiid on the f-ace of' the proceedings-an error to which the strongest claim of justice was ex- posed. The learned counsel then put in the deposition of' George REdmond, which was taken on the part of the plaintiff. From this depou4tion it appearedI that the deponent was a Lieutenant in the 2d WVest India Regiment, and present at Hondutras dutring the whole periodi of the, proceedings between the plaintiff and defendant. Hie rememberedI the plaintiff's rank in the second lireat India regiment, and hearing of the disbandment of the defendtant's York Chasseises. He also rememiberetd the notice given to call the meeting, end tic arguments of the dlefendant that he wasi entitled to the com'mantd- also the arrest of the plaintiff, close at first, and afterwards enilarged; bat not that the officers did niot communicate with him for the dle ponent repeatedly had done so upon official business. i'here was a cross interrogatory, in whichi the deponent aflirmed that a paper which had been shown him contained to the beat of his recollection a true account of all the proceedlings of the meeting convened by Colonel Arthur and he kmew nothing further of the commissions or authiority of the respective parties. The flirst witness called was Lsord Palmerston, who said-I am Secretary at WVar, and was so in the years 181 9 and 1820. The fo- seign returns are made to my office, and dutplicates (as far as the pre- sent question goes) arc- transmitted to the office of the Commander- ini-Chief. One of the ofiece-clerks is in attendance wvith thie returns. Robert Lukin.-I am a clerk in the War-3ffice, and was so in the y'ears 1819 and 1820. The York Chasseurs were actually dis- b~n-;lnthe year]1819. I think on the24th of Augusit, at Qebec, ar rted as such. All the officera were not immediateljy put o bia)i4e;fy, as some are allowed to return home first. They onti s!a,insecs invariably recei ve thieir full ay. Coloniel Atii a 1!wPrtalf-pay, I think earl'y in 18-20. fiTere is the warrn(ro dt.gjlonthat plirpose it isidated the 19th of -January, 18-20; but it does not from thience follo-w that he was uip to that time draw- ing full pay, for he was colnsideared and paitd on half-pay fromi the 25th of October, 1819. Cross-~egarined.-In fact, then,hism half-pay, thiough tlated at this timne, might not have been so Known to hirm. The commuoica- tioni would be made to.his agents. Mlessrs. r'ox and Greenwood ; the military communication would be~ officially made through Jamaica, Hlonduras being oae of its dependencies. It was coinmunieatedI (the reduction to half-pay) on the 7thi of January, 1820, to the agents:. The disbiandments are orditiarily made known from the. Adjutant. G,eneral to the, Secretary at- War, but they are not gazetted- The commanding officer of the regimeitwol ofI couse agents know the disbandment from the War-oflffile and. f done in this country it would be known in a few day. lidonein North America, several months miight elapse, and it might be comnemnicat- ed probably, *ithin a week from the a.rival of the intelligence at the WVar-office to the agent. Communications of tbe feet are also trans- nnitted to other public departments, the Ordnance in particular, withn respect to the chiaTgC of the arms, clothing, commissariat, &c. The Commander-in-Chief, not the Secretary at War, coimununicw * sthe orders for foreign disbandments. Sir Henry Torrens, the Adjutant-Gencral, cxsliled.1 have the returnatmrom Honduras for 1819 anl 1820.. The returns made in the years 1819 and 1820 to the Adjutant. General's office by the superintendent of the colony of llonduras, were then pult inm. I Mr. BioUGHMAi---These are the returns of the arety staff ilave you the returns of the strengh of.the gerrison? - Sir H Torrcns--1a these books you will find a return of th gar5 rison in general, as well as of the staff A return of the general and staf officers sersing at Hondurns on the 25th of August, 181ff, was theii icad. It contained the name or Lieutenant.Colonel (v. Arthur, Commnandant, and of Alaior of Bri- cade, Captain S. Noel, on half pay of the York Chasseurs. A simi. lar return of thc25th of April, 1820, and of thc 25th of May, 1820, contain,ed exactly the same entry. In a&swer to a question from rlr. 4PIINtjY, Sii-eiiry Torrens stated,, that these returns cane to him from Jamaica in duplicate. They' wvee signed by the defendant. lklLr. Bnouosrur.i-Is there not a lialf4yenirlr riifetum m tg4e settlemexts, containing copies of all general orders isased duritig thie preceding six months? Sie' H. Torrens.-There are half-yearly inspection.Teturns, itn which some orders are entered. (lnrfidential reports are of a differ- ent description. All ordlers are Cntered in the monthly returns. I hove no half-yearly returns from lHondluras, eithier in court or at (he office. I have a return of the general state of the troops from Jamnaica :but no retnon specifically fromn Honduiras. .Thte Jamaica retuirns will contain a statement of thie order issuedi at Jamaica, withi reference to Hlondluras ; btitt they de not incilude any mrboldinate ordlers issued at the latter place. I mne-in orders given oat by ofil- cers in subordinate commanids, and* apart from the general orders. The retuirns frr'm Jarmaica give the general orders issued there. Thnse applicable to rlkonduras are includled in them. Mlr. BRtnUGrArlf WiShed to see theLeeneralorder, relative to Hon- duras, of tile 25th of Decemnber, 1819. Sir Hr. Torrens said, the last general ortier- i,ssued at Jam-aica, or which he had received a re- turTn, wvas of the 18th of December, 1819. Mlr. BROUGHAa.-Thl what retuirn f-com Hondutras can I findI a compliance with thie military regulation which directs thiat a hialf- yearly return shall be made' of the htate of the troops, the namnes of the general ans(I staff officers on the station, together withs ani annexed list of the general ordiers and leisers issuted by, the Com- mander-in-Chief anid the Adjuitant-General on such station ?-Onlv at the head-quarters in Jamnaica. I hiave put the last return I hav'e received into your hands. C-ross-examiinced by the ATToRxeEy-GENE1.AL.--Mre have it in evidence, that Lieutentant-Colonel Arthiur wvas lieutenant on. half pay, of the York Chasseurs, and that lie wag firsf in commandi at flon- dtura'-would the fact of his so being on hialf-pay have the effct of altering his military character as Comnmandant at Ho.ndaras P-It wouild not. By Mr. -BiOUGerAsr.-YOU say thAt his being on half pay wouldI aot affect his military chiaracter as Commandant-do you mean to Assert that a person can still retarin his military rank, w~hen reducedl to half pay ?-Tf lie were poss"esse of a general T ank, he would still retain it. HTis rank in his particular regiment wouild be at an end. Lord Chief jutstice AnnSTT.-Tlie witness clearly states, that Colonoi Arthur's retainin- his rank in thesettlement does not tdepentd in aniy dlearee oni Itis being placed on half-pay. Mr. BROuoGHAar.-Suppose ant individua~l w:ts a Lieuternant-Co- loend it) a disbanded regimenit, sanIl receivinig half-pay, couldl he take rank in the array ?-No farther than thlat of acting uinder an autho- ritvcapble f hvinghima gererl cmmand. - The, toug thactof isbndig te re-iment would take array onecomision itwold ot ffct heother ?-A great mnany staff offcer, ad oher, wo ae tn hlf.ay,performi staff duties, ex- elusvelyof eeiroigmnl rak intharmy. Thenihestaf cmmisio wil cntiue,notwithstanding the dir- banding of a re,itment antd p1acing ohaf-pay ?-They are not, strictly speakcing, staIff-commissions,bt particular 'commarids. These certainly continuie after an office isplaced on halfpav. By the A TTOR-IEY.GITERAL.-Had Lieutenant-Colourel Artl4ur such an appointmentP-Tie certairnly had-on account of his acting as superintendlent at Hionduras. Mfr. BIno0U GH.A,e.-Was that appointment in writing ? There was, r suppose, an order issued relative to that appointinent, have you go, it P-No, but I can state it. Mir. BRcOteGsANT.-We mnUSt have it in writing. I wish to see the general orders from head-quarters, to which I have referredi: because fIshorild( like to know liow a power was given b3y the local commander, which enabled titd superintendent at Honduiras, he be- ing an officer on hialf-pay, to takte the command of the troops there. In answer to quiestions puit by thie ATTORX13Y-GENERAT.. Sir H. Torrens stated, that after Lieut...Colonel Arthiur wvas on hialf- Pay, he actedi as comimanider at Honduras, and was recognized both th;re a-nd in ridis couintry, unitil he was remnoved from thei situation altogetber. TireTedIuction of his regiment did not affectth)etdefendl- ant's mnilitary character, if he hield general rank. A staff appoint- ment would continuec, notwithsqtandling the disbanding of the regi.. melit; andl, by virtite of his office as superintendernt of Honduras, he possesied that appointment. The York Chasseiirs wvere not at Honduras at any paeriod of the timne Licut.-Colonel Arthuir was there. He corrld not have had regzimental commtrand there, becaiuse the regitrient never was at that station. At no time wvhile Liieut.- Colonel Arthur was at Honduryas. wss his commend regimental com- manid, or dep,ending atallonn his regimental rank. Somieyears back lire liad been in the 7th West India Regi-ment, which was at Hon- duras; but he had in the year 1817 been promoted to the Lieut.- Colonelcy of the Yorkc ChasseurF. By Mr. BRourGirA,M%.-Hi rank in tire 7th West India Regi- menit ceasRed after that promotion P-Yes ; his only regimental rank was then in the 'York Chasseurs. Suippose lire had nio other commission or command, wouldi not bis mhiiaycap acitv cease altogether on the disbanding of tire Yorlc Chaseus PYe,5 providedl he had no other appointment to a gene- ral command. Suppose a person having military rank in a regiment which Is disbanded, andI having received another appointment, does he in vir- tue of that appointment continiue a military man P-Yes, he dots. The ATTORisxEY-GE.TeErcAL.--Lictutenant-ColoneI Arthiurcou]id not have comnmandedl at all brit for iris appointment. By Aft. BRouoseu,tr.--Suppnse a Lieutenant-Colonel in a dis- banded regimenit has the commiand of .p place, and atnilitary officer of a higher rank in a regiment on full pay cqmes to that place, which would commimnd P-Tire officer who wee ~in possestsion of the authority to act ,vouldl act, until the proper authority-the authority ,slmich placed himn in the situation-directed that he'shoruld not. Wouild lie commen d the superior officer ?-'No but the Lieut. Colonel who had last arrived couldI not act until application was made to the appoiniting authiority. I-Ie couldI not of himself super. sede the appointment of irim whiom he found in comnmand. He insst wait until sufficient authiority were granted for that purpose. Suppose at home tiaL an officer of h-igher rank arrived at a place which was already in charge of an officer of inferior rankc, the far.. user not liaving any appointment to take the command, in that case whiich would assume the commanid P-If the inferior officer lied no special appointment, the officer newly arrived would, ais a matter of course, take the command ; hut if he acted from staff authority, thle command could not he taken from him till be was regularly super- seded. A captain thus circumnstanced wouldl retain all tire nower of a eommandant, although a colonel arrived. Would the captain personally commiand the coloziel P-NLo; the courtesies of the army provide for that. But I ask as to the fact, which would hold the command P-Tire ufficer with whom it haul been permanentlv intrusted. Would the colonel interfere at all P-Hle would, thoogh hrigher in rank, attemnpt no interference W'ould the lower have any right to command the superior officer? -Certainly not. Would-ft be the same in a garrison abroad P-The rules of the ser- vice are the same every where. An inferior officer cannot command a superior P-He cannot. And an officer on hialf pay cannot command at all e-Not as an offic-er on half'pay, but lie may do so withi an appointmenit. By the AvTTORgw Y.GgE-UAL.-WOUld the rui,e you state ap- ply to a comnmander at lhonduras P Would an officer or superin. tendent at Honduras, his regiment having bcen disbandedJ in anotirer settlement, have a right, he being in military commantd, to issuec or- ders to any officers in that settlement P-Certainly he would, what- ever miglrt be their regimeirtal rank. By Mr. BRsOUGIIAae.-Hlad tIre surperintendent at Honduras any power beyond that oflIris appointment P-He holds his power in con- sequence of his appointment. It is a civil appointnieirt; but by vir- tue of it he holds a-MilitaTy comnmand. Wiould I, who never was its the army its my life, by being appointed superintendent of Hondluras, he invest ed withi a m-ilitary comimanid P -Tihe rule is9, that the individlual shall1 hold tire military commnand, provided he is tin officer of sutficient rank. By the ATToB .Ey_GExcscAr.._Does it nut all depend on half pay or frill pay P-Certainly not. Mr. BReOUGteAarsaid tliis raised the first questioni-whether a per. son On lhalf pay, was capable of holdling a situation which enabled thle defendant to act as he liad dlone. Proof of the nature of the appoint. ienct ought to be given. Lord (thief Jtistice ABBnOTT said, it was not neecssary to pro. ducte an appointmnent in this stage of the business. It was suffilcitirt. as a general rule, to shlow thact a person actedt in any oafficial ior con- siderable character, In p oint or fact, it appeared that the djefendant was sgo acting. Sir H. Torrens stated that his appointment gave the defendant military command, without reference to whbole pay or half pay. B Mr.BROUGrIAac.-..Was itby virtue ofaparticular order that the Kefendiant held this appointment P-The Duke of Mlanchiester, as Governor-General of Jamaica and its dependencies, isVAi anl order on the 7th, of Juily, 1814, and General Fuller, as Co~mmander- in-Chief of the forceis on chat station, issued another on the 8th of July Thee orers ave o Liuteant-Colonel Artlhur both the civl nt uiliar cmmnd f ir sttement. Another order was issud onthe 4th f Apil, 817,by wich it was directed that allsuceedng uprinendntssholdbe placed in the command of The ATort~jE..Ggxgcau oberdr, tlhat they were riot bound to prodc toerdrs, as they hadl shiown that the defendant was acting itir siuto fsprntendent. i Lor he utc rror T said, it rested withi the plaintiff to showv that the producton of the documents was necssary. If the other side ought to produce it, and did not,. he wo~ild bear any ob- jection to such a proceeding by and by. The ATTRfT~EY.GENqERAL.-.Web ave Proved that the defen- dant continuetl in. military command at Honduras down to Iris leaving tire place. Extracts from the dlepositions of General Conran. w ere then reach. They set f rtb, that in 1816 he was a Isa.,or-gcneral on ttire staff, andi was placedi in command of all sIre lanid forces in Jamaica and its depiendencies. Deponent well remembered that in 1817, a commpunication was abouit to be madle to Liieutr.-Col. Evans, of tire 7th Wecst Indtia Regimewnt, to proceed to H orduras; but, as lire was a superior officer in the ariny to thie defendant, the Duke of Mianchester, w ho feaxedi thlat great icrmnee wOrui ar ise fromn such an arrangement, cancelled tire initendled letter, The defendant held bothi a military and civil situation at Hlonduras, under tire im- mediate sanction and approbationi of his Mlajestylmu Goverirment, with wlrilcl he was in corrstanrtcommunicat,ion. Deponent dlid not think himself authtorized to interfere withi iris sittisation ; and whe- tdrer on fuill or half.pay, lie conceived tire defeiidant was entitled t3 Lieuennnt-o~onI Feemn wa DeutyAdjutant-Gecnrid ist Jamaca t te prio .inquetio; bt dd trot recollect an ordler comig t theCotmancr-i-Chef,apprising him thiat tire York Cirasemir wer disande. Tht wa preiousto iris being in office 'there. Hie never ra n order in the Pbooks at Jamaica, stating, irs efFect, that Ijicuteuat.olonrl Arthur was placed on half-pay. Mr-. . J.Matn,aclr in th hos of Co an Grewo,m. agents, stated that he was cotinected with that establisment in laTh and 1820. They were not agerits for the York Cliasseurs, but were the rivatcagentsof Lieutenant-Colonel Arihar. ' HcfirstkItew of the York Chasseurs being disbanded in January, 1820. They were, however, disbantled in August, 1819. They had several comnniuii.. cations from the defendant on the subject. Lord ChiefJttstice ABBOTT.-It must be admitted that thev were disbanded on the 25th ot' August 1819, because the dlefenidtant, in his return of that date, speaks ofbi'tig dc.-ajor Noel, on half. paY of tire York ChasseuTs. Gencral Conran's depositions were resumed.-Depontelt liad said, that the defendant retained bis cominand at Honduras, but not because he had a regimene from time to tine, nor because he wis a senior offhcer; but because he had been selected for that particular situation, his appointment to which was approved and confirmed by his Majesty's Government. An exhibit from General Lord's deposition was tbien put in. It contained tbreletter of Sir [lerbert T'aylor, AMilita y Secretary to tire Dnikeof York,datctltlte3d ofAtigust, 1823,whlichi notified to licut.- Colonel Bradley tilat hiis Royal ffighness being convinced, on his own statement, of the impropriety and inconsistency of his conduct in lius dispul e with Lieutenant-Colonel Arthur, had felt it his duty to recommend to His AIajestv that he should be removed from thie service, with leave to dispose of his majority onsly. This letter had been first received by Lieutenant-Colonel Arthur, who, sonlie time afterwards, having learned that a copy of-it had not reached tie laintiff,- enclosed it to him in a letter, in which he stated, thatif he ~~~~~~~~~~~~~~~~~~~ ad not been informed tbatshe-plntiniff had not received a cor y.df it he would not have made acomnmunication on' '6 iirua utbjieict. ihen followed irie garrison orders of the 30th of March, 1821; stat. Ing that general orders had been received from J~amaica, antlatincing thc! dismnissal of Ticutiereant;Colonel 'rde roteaey..drc. ing his sword to be delivered up to kiiat etsu'i rmm fufther Milittary restraint. This closed( the casc for thie plaintiff. -The ATTTt1N EY-G EN E AL said, he certainly would not, on thlis Occasion, imiitate his learned feiend, by mnaking attacks on. any indiividulals connected wvith this case. APpearing thiere as counsel for Colonel Arthur, he was only desirous thant the situation in which that gentleman was placed, and the conduict lie hiad purstued in thie transaction in question, should be fairly understood, and that the juiry shiouldI conme to an impartial decision., - Ile wouldi say nothing with respect to Mlajor Bratiley-he woiild inake no observation on hiis services. He fooke it for granted, as he hiad been for 20 years a- military officer in the service of His Mlajesty, thait his general con- duct was uniexceptionable. Ile did not mean, therefore, by charge, or evena in the remotest degree by insinuation, to cast the slighitest reflectioni on Ihim or to make a siingle remark- that did not krow out of the question wisich they had to consid-r All he Would say wAs, that the condluet ot' Mfajor Bradlev in this transaction was uniortu- nate-was irregular; and that hts client, as a mtilitatry man, comn- manding at Honduras, had no other cOurse to fOllow but that which Ilie felt it necessary to pursue. His learnedI friend had eulogized Mla- jor Bradley and he did no, meian to find fault with those eulogies ; but e miilt e alowe to ay, hathis client hiad been an eq~ual numer f yarsin he iliarysericethat lie had conducted bim- selfwit grat hnou, wth geatgalantry, and hail'essentiaIly servd hi contry Hehad emaned at Honduras for seven yeas, nd as owin siuaton iger in point of sank and emolimeu tha he ad hld tere. i- therefore wouild not suppose that, in the absence ofal evidence, any importance would be attached to the imputation which had been cast on the character of this gallant officer. But, not content with attacking Colonel Artlhur, hiis learned friendI had also attaclEed hiim an his learned colleagues fur the form of the proceedings on the present occaision. He thouglht it a great hiardship thlat Voloniel Arthiur should be defended by the law-officers of the Crown. But, he con- tend(edl, that no other course could have p!* ly been pursued on thiis occasion. In consequence of represenv.,Pon% made to Govern- ment (nd let It be remembereri thiat thdo'lerepresentations came from Major Bradley himself), it was founda necessary to investi- gate the circumstances of the ease. On those representa- tions after they had been Investigated by the Duke of York, it wasa Acemed necesary to remove Mfajor Bradlev; whiich renioval clearly showed that the concduct of Licut.-Colonea Arthur was con- sidered to have been perfectly correct. Nlow, whien a public officer, in the d'ischarge of an important public duty.di tat whiceh he thiought thle circumstances of the case imperiouisly re%tuired-.when afterwarAls tie personi complaining thought fit to bring the matter be- fore a couirt of justice, where great expense mnust necessarily be in- curred (the conduct pursued by the individual complainedl of having been previouslv approvedI of by the highest authority)-where, he would asic, was tuec imnpropriety of defendinig a gentleman thius situated, in a case of this nature. he hiavinig acted truly and bo,e fide in the discharge of a public duty? It was ont sthu ground that lie and his learnedl friends appeared to conduct the' defence of this gallant ollicer. But his learned friend (Mlr. fenutghain) was,, also dissatisfied wvith the manner in which th'e de- fecewa conducted. It was said, the pleadiings in this case were or iluimeastirable Ienth Now he would state one fact, which would sh6w tat those whio appeared for the defence were niot tu be blamned on that account. 'I'here were two counts in this declaration-for as- sauilt andI false imprisonment; and it was usual f.r thie partyv plead- ing, where, a-, in this case, it wias intended by the plairtiff to go only upon one of those counts3, to plead to that particelar count;, but the plaintiff' wouid not allow them- to do so. They declared thley would demur if t!iat course were taken. The defendant was tlherefore obliged to plead over in a second form the same set of pleas which a pplied to the first count. Therefore,hlisilearned friend ought'not to bave attacked him and his learnect colleagues for the prolixity of those proceedings ; he ouight not to have asserted that thlere wan an intention to overwhelm the plaintiff by the expense of those proceedinigs. Again, aplaintiff mighitstate his cae mafe-w worde--not so the dlefendant. He could not know all the grounds on which a plaintiff' mighit rely; and if he did not shape hiis dtefence in different forins, so as to meet all the ttifflereut views wvhich might be taken of a case, he wvould be precluded from givinig evidence, when he came into court, on those points which he had overlooked. He lhad now nothing to do but to state this case in all its transac-. tions, and to leave It to the jury to decidleupon its merits. He call- ed upon them for their veretict with confidence,becausethedefendant had, thlroughouit the whole business, actedI with upgright intentions, aind according-to his best judgment. Colonel Arthur hield the situ- ation of' Superintendent of Hionduras. lIfe was, in other words, Uovernor of that settlement. Tieyvalready had it inevidence, that, as Superintendent, lie heldl else cltii~fmilitary commnand;, and it was also in evidence before them-the evidence of Sir H. Torrens, and the deposiitions of General Conran-that the command lie hield had Inothiing to do with his regimnental rank. His regimnent never was in Honduras, but in a distant settlement. That regimnent, however, wasredced and it was then assumed by Mlajor Bradley, that ClnlAtur, being thius placed on half-pay, lie no longer Possessed the right of exercising railitary cotitrol at Honduras. H e took on himself to assert that he was superior officer, and ought to command ithe colony. He would show to the jury thleappoilntinent tinder whicli the defendant acted. It was not a regimental, but a special appointmnent. They had it irs evidence, that at thietime his c'ietit was appointe,dsuperintendent of Honduras, he received from General Fuller, then acting as commanider-in. chief, the appointment which lie now held in his hand. That appoint- ment set forth, that " by virtue of the power and auithority to me (General Fuller) derived from the Prince Regent in consequence of your experience, courage fidelity, and good conduct, I have consti- tutted and appointed, anil berela, constitute and appoint, by these presents, the said Lieut.-Col. Jeorge Arthur to commanid such of hfisMaets sbjects and others who are armed, or may hereafter be armed, forth protection of the Bay of Hond'uras.' So that here in 1814, without any reference to regimbental rank, in conformity with the evidence of Sir H. Torrens, and the deposition of Geiieral Conran, it appeared that the defendant hld that -situation under a spcial authority, wrhich had nothing to do with regimental rank. Major Bradley, from thie long period lie had passed in the settle- ment, should certainly have kcnown the nature of thisa appointment, He, however, maintaiined that Lieutenant-Colonel Arthur had,b the reduction of the York Chasseurs, lost his military co.Mm;an and he insisted that the situation belonged to him. Representations were made on the subject by Colonel Arthur. He asked MVajor Brasdley to write a letter, stating what Isis claimns were, that those claims miglit he submitted for decision to thec proper authorities, anti that in the meaH time no alteration should take place in their respective situations. Surely it was impossible that any advice couild be fairer or more sensible than this. Would it n-ot have been decent and respLetful, if the plaintiff really thiought he hiad a right to supersede Colonel Arthur, to state the grounds on which that righit was founded, and to let the question be slecided in Jamnaica, or, if it were deemed better, by the authorities in this country ? The plaintiff, however, did not think prope~r to dlo so. He swas determiu&a to act for himselfo-to prceed on his own responsibility. Therefore it was that those proceedings liad taken place. Hle was remroved froin his rank, and he was now a plaintiff in that Court seeking damages for the injury which he alleged he hiad received at time hands of Colonel Arthuir. What course did Colonel A rthur prsue? Hie called on the officers of the settlenient, and, amongst others , o-n Major Bradley, to meet on an appointed day at the Government-house. H is learned friendI said it was a request ; but it wvas, in truth, a garrison order, thiough dIrawn up withi great courtesy. Major Bradley refusedI to obey it. Hle did mnore-he issued a counter-order. Colonel Arthur appointed the meeting for the hour of 10 On the 23d of May, at the Government-houise. 1'he plaintiff, having notice of thiis, issued an.. otlier order, calling on the officers to meet him at hist barracks, at nine in the morning. Could any thing be mnore uinmilitary than this conduct? Did Colonel Arthur actmashlyQr hastily in consequence? Quite the reverse: lie directed an officer to call on the plaintiff to argue the case, and to persuade himn to chatige hiis condu'ct. An of- ficer did wait on him ; and it was not until Milajor Bradley had re- peatedIly refused to obey thie garrison order, that he did thatt whicih it was hisdaty to do-namely, put him underarrest. MajorBradleyafter-. wards serotea lefter, notvindicatinghisconduct in whichbeacknow. ledged the great impropriety of hisconduct, conaemininghimself and justifying ColonelArthur. However glad.%Polonel Arthiur miglt lie when the plaiutiff'acknow gdteimpropr;ety of his conduct, still as the Commander on ta tto,abec of the Articles of Warf having been comnmitted,h a bie,hwee nilnl,t e fer the subhiect to higheastinywowoldcdeothcnut of Mlajor I3radley.Thtidvuaws for a considrbetm conflined to his own house and gardlen. It' he provedwathhd statedt, was it necessary, to go a step farther, with respectt h is Point to whichi his learned friend had called thei attention ? Was it not manifest that the military command was placed in thie hanids of Colonel Arthiur; and was it not equally maniestthatgoo case wn gvenfor the exercise of his authrit? 'I thre ws ny pace where, more thartsano- ther disijiine ugh to e kpt u, i wasat onduras. issed contr-oderwhe le cdeaosiOr, t tae fomColonel Artlir lsesitatin h hed-whn le asusiedtheight.tn com- mand h troops, was it possible that h egdn ol do othler.. wisetia lie had done ? There was no squarrel between them. I-le liad alwvays livedI on the best termsawith Major Bradley', atd no feeling hilt that of an-imperative sense of dluty, influenccd'hj~ nsitid. in these proceedings. On this first point he liad nothing furthier to state. It was thsesimplest and pldinestthlat was ever submitted to the consideration of aijury, Ihis learned friend ne:Kt said, "~But suppose ilfajor Bradl'ey was 'gutilty of anact of di-obedienc"etlrus assume thiat fact-whiat riglht had you, Colonel Arthuir, to confine him till the month of August? Y~ouslhiould, by,th,e-Ahtuxiny Act, liave brought him to a COUTt..martial in eiglht davs,. or as soon as was convenient undjeraillthe cire3imnstauces." Thelfact- was, his learned friend kniew there was no means of holdim* court-sisrtlaluat Hon-. duras' ANor. Bradley was% a field-officer ; and to try hiim the're mutst be 13 ofcers, .none under theitank of captaini. .Thejpresident, too,mustriot he ie commander of the forces. I t'!wa.g thcreforc imposibe ~. te tie t pu hi onhis trial at Homidtiras. It coul no besupose, ifa curtmarialcould hiave been- as.. sembed her, bu tht Clone Arhurwould hiave been mlost amixousto vai hiisef o tlat odeot gqtting rid of.- asiy indiidul reponibiity hatmigh atach tel him. No one coult imagihc that the otiicera woutod hare differe,A -in) opinion from Ctolonl Arthur, since ' not one of those wb} se're in thIe settlement.had attempted to justify him. What, 'then; 'did Colonil Arthur do ? He- sent all- the doduments to his sup?tior oflicer at *Jamaica, in order that he might act as 'Ile theuigIt niost- :eOxjedint. Up to this point was not all his conduct erfeailp, cotteet? All- e could do-was to report7thesc-transactlons to his supd6iors, that they rnight act as appeared most advisable. General Walker who was in commtand at Jaiatea, tn ~consequcnce of the atsence oe Gc'neral Conran, received. t)ose documents, and lie- felt the ,eubject to be of such irpotance- to the well-being, of Honduras, and the- discipline of the army there, that, after Congi6lting other-officers on the affair, lie rmusmitted ' tbe prdceedigs 'to the Duke of' York. General tVall:er knew nothing -of-Major 'Bradley, And VILS only acqUainlted with the circumstances l s they were -dis cussed in those papers. Not choosing to ac' in an affair. of such importance, he transmitted them to tisc Duke - of 'York - but knowitig that a considerable 'delay must take placef.befo:e the. decision was .z'eived, and-thinking that it would not be light that Major Bradley should, (luring so long a3period, be -kcptm''close cons. finement, lie determined, thoiugh le comuihl notrelieve him frops nrrest altogether (because lie might, perhaps' Ie ordbeii fbor trial before a court-martial), at all events- -to free ' him- from thie restra4its of close arrest.-- With that view, he edespatched':r order to Colonel Arthur,: at -ionddtas, 'directing hiwm t'6 lieve Aiajor.Bradley froi -close 'arrestv, wlidch wa's jininediat6., ly done. Ilis 'client did not- think he wouilti be-justified- in takingthat -step sooner.; The papers transmitted to' te Duke of York wure examined hy the proper authioriti6a; and A letter ,was written by Sir Hei'bert 1a- Ar, by comimand-of the. Dulieef York intimatipg tl'at lmis'-oyal Hihniess felt it -f`ce Yari k,; ecdnhzend sthe-dismiisal of.oMajor- BOadl&y--from 4f1is-M4iestY vice^ AUI Ilearned friend arguedr'tbat -on thOeafriia lof tfitsttlr,lufjor'Brad. Iey should have been instantlyielieved-from his arrest, ButColonel Arthur had noflutliority todno.s6. 'Tbisw was iot an oflicialcommuni-E cation that the plaintiff had been rcnmoved-but a statement thatit was recominended to tble Crowvn that he should be removed. What, then, did Colonel Arthur do ? le waited for the despatch containing the general order notifyingr AMajorBradley's dismisgsal. It arrived in the month of March, unfortunate!v for Major Bradley, but without any faulE to Colonel Arthur. He had lo right to act on the firs- do- cumenr; but the very dav anul hour of the arrival ef this despatch, it was communicated to MAjor Bradlev, anrd he was released. On the 30th of March, a garrison orderwas issued, announcing the ar- rival of the despatch, diredting Major Bradley's sword to be re- turneti to him, and freeing him from all firrther mr,ilitary restraint. He tlhought he had fully justified Colonel Arthur's conduct. If he made out in proof what he had stated, no man could deny that Colonel Arthtir acted in a manner the most justifiable. An act of insubordination had been commritted, which he could not look over; and, as he could not bring Major Bradley to a court-martial, he elaeed,the documents be ore the proper authorities. His learned friend said, even if Colonel Arthur had a right to arrest the plaitiff,he had no right to keep him in close confinen*t for 73 days, and still less to detain him till the month of Mlarch. lIe, however, could not form a court-martial. Ile transmitted the papers to the highler atitbority, anid if any unnecessary Melay had taken place he was not accountable for it. He had stated the -case as clearly as he could, and he thought the jury would find tbat the defendant had acted in strict accordance with the situation he held. If they were of that opinion, he must have the benefit of their verdict. Mr. Bailey, a clerk in the office of Lord Bathurst, proved the handlwriting of the Duke of a nchester to an order appointing Colonel ArthurSuperintendent of Honduras, on the 7th July, 1814. Afr. Knight, in tfe office of lessrs. Cox and Greenwood, preved the hand-writing of General Faller to an order dated the 8th of July, 1814, appointing Colonel Arthuirto the command of all persons armed and to beaTmed for the protection of the bay of Honduras. Sir HI. Torrenu stated, that General Fuller was commanderin- clief in Jamaica-in 1814. As commander-in-chief in Jamaica, it was lhis duty to confer military command in Honduras. Cross-examined.-He had not a right to grant that authoritv to azy -person, but to such nmilitary officers as hc thought fit to intrust with it-individuals who had a rank eligible for it in the army. Wlhether he was on half pay or whole pay, the person selected must bea militarY officer. Licdtenant Webb, of the 2d Westlndia Regiment, went to Hon- duras in July, 1817. He found Colonel Arthur in the character of superintendent and commandant. He continued to act in those capacities till he quitted the settlement in 1892. Oz tihe 223 of MIay, 1819, he saw Alajor Bradley, who desired him to write a gar- rison order from his dictation. In that order he desired all officers, regimental and staff, to attend athis quarters next morning, at nine o'clock. It was signed " r. Bradley." Plaintiff desired him to carry it to Brigade Major Noel; but he took it to M1 aior Lord, the second in command, and asked lils opinion. He declined giving any ; and witness returned t;ie order to Mfajor Bradley, raying that lie could not think of dilivering it. The ga-rise,. order always canme from Colonel Arthur, except when he went up the river for a tenv days. On the 23d, lie was at Mtajor Bradley's quarters. Brigade Major Noel and Lieutenant Willis were also there. It might be about ten o'clock in the tnorning. Mfajor Noel stnted, that he had been sentby the Commnandant to require his attendance at the Go. vernment-house meeting that morning. He refuised, and after some discussion, Major Noel put Ilin tnder arrest. Ie was confined to his ovn quarter.-the precincts of the house and garden. Lieutenant WVillis, of the Roval Artillerv, attended the meeting at theGovernment-liouse., londuras.on 23t1 of ilay. After the officers were assembled, he was sent with M11ajor Noel to Mlajor Bradlev. 1 ajor Noel stated that he was directed bv Colonel Arthur to require thc attendance of AMajor Bradley at the Government-house. MIajor Bradles said he decliiied to come. If Colonel Arthur sent forhim privatelv, he would attend." He also stated "that it was contrarv to the King's regulations to assemble officers on sulch an occasion." Witness could not positively swear whether Major Bradley sa'd he had a right to be commandant himself. The despatches relative to this business were sent to Jamaica bv the first man of war. Hle did not know whether any despatches were received at sonduras be- tween Novenibe-, 1820- and MVlareh, 1821. illajor-General Walker was stationed at Jamaica, and com- maided His Majesty's forces on that station from the 13th of JunIe to Decemnber, 1 0, in the room of General Conran. Shortly after taking the command, he received despatches from Colonel Artlitir, relating to the arrest of Mlajor Bradley. He did not recollect the date of the despatches, but his answer was dated the 24thl of July. Those despatecles he transmittrd to Sir H1. Tavlor. Sir H. Taylor, Militayv Secretary to the 'Duke of York, stated that he had received despatches frosn General W alker, enclosing others from Colonel Arthur. They were laid before the Cusninander- in-Chief. He bad heard many observations made relative to the ap. pointnient of Colonel Arthur as Commandant at Hlonduras; and from his knowledge and experience as a military man, he considered that the appointment of Colonel Artltur was not vacated by the circumstance of the York Clbasseurs, in wlhich Colonel Arthur had served, having been reduced. Colonel Arthur could not relinl- hish that appointment until His Mlajesty or the Commnander-in- Chief,or someparamount altllority relieved him from it. Having becn granted by the Conmmander.in-Chief in Jamnaica, he must re- tain it till he was superseded by the Commander-in-Chief, or by His Majesty. In cross-examination, the witness said that General Fuller couIld not confer a military command on a person who had inever been in the army. A helf-pa officer was not amenable to a court-martial. But if that officer held militarv rank, General Fuller might confer military command on him. 'When a person hbad no other com- mission but Iis regimental commission, on half-pay, lie ceased to be in the army but he didl not cease to be a miiitary person, though not amenable to a court-martial. Re-examined.-An cfficer on half pay might still have nilitary rank. Ile might receive a staff appointment frem the Crowvn. Sup- poI.e an oMcer on half pay, residing at Jamaica, and the Com- mander of the Forces wishes to send him to Honduras. He may do so: subiect of course to Hlis Majesty's approbation. Air. 9Rofl&lr.ar.._In that case, does he become amenable to mni- litary lavw ?It is mv opinion that he docs, from his military ap- pointment; inasmuch as he is vested with military authority, for which he is responsible. Extracts from Mlajor Noel's depositions were then read. The de- ponent stated the circumstances attending the arrest of Mtaior Brad- ley,who,it appeared, hIad asserted that he was commandanr, and that he was determilled to take charge of the troops himself. This was the case for the defer.ce. AIr.BnouGEAlrreplied. He contended, that hislearned friends had not given an answer to the three points to which he had called the attention oftne jury. lst, lVhether Colonel Arthur had any right a' all to arrest Alajor Brc!dley; 2d, WVhetlier that arrest, if justifiable, was not over and above the exigence of the occasion, on which alone it could be defended, and which ought to be the limit of the act, and. 3d, Whether the dismissal of Major Bradley from the service having been noticed, Colonel Arthur o,ght not at once to have put an end to his detention. In his opinion General Ful- ler had no riglit to delegate any such authority to a person who was on half pay; but if he had, then he mainitainied that an authority had been oppressively exercised. Ti:e l,ORD CIrTEF JUTSTICE summed up. After having stat- ed thie nature of the action, he expressed himself to be clearlv of opinion, looking lo the evi(ence which had been given in the course of the trial, that the defendant had a right to arrest the plaintif, in virtue of his appointment as Superintendent of Honduras; and if he had that right, lie inight cause the arrest to be close or open, ac- cording to his option. There was no distinction in print of law be- tween close arrest and that which was nominal. Anotller point was, suposing he possessed this authority to arrest theplaintiff, had he detaitned hiim longer than by law he ought ? His Lordship de- tailed thc evidence on this point at great length, and left it to the jury to say, whether the plaintiff was, in their opinion, detaine(d for a longer time than he should have been. If not, they would give a verdict for the defendant. If they thought otherwvise, *hev would give such damages as would meet all the eircumstances of tllvery infbrtuiuate case, arising between two individuais, whose general honour and character did not appear to be impeached on either sid(e. The .Jury, after a short consultation, returned a verdict for the plaintiffon the last count-Daniages 1001. The trial lasted from> aa quarr before 10 to half-past five o'clock. LAW REPORT. COURT OF KING'S BENCH, GrUrLDIALL. JTTTvo-3f BRADLEY V. AItTTHTTR-