The British Press; or, Morning Literary Advertiser. — 1826-02-09 (London, England)

JUSTICE—This, looked at u the language of a Judge in a parent State, is a strong argument. Air. Sergeant VAUGHAN then proceeded to cite a ease tom 9 Vesey, in which the Canton of Berne, after the revolution, claimed sorer money of the Bank of England and South Sea Company, and a bill was bled in Chancery to restrain the Bank from paying the money to the revolted State. The decision of the Chancellor was first in opposition to the principle the beamed Sergeant had en. deavoured to establish ; but the Chancellor's opinion underwent a gralual change, until the revolted State was at last legally acknowledged as a sovereign State. The Learned Sergeant was then proceeding to argue the legality of the loan winch the plaintiff had negetired, on the principle that trade was allowed to exist between the States, when he was interrupted by  The I.oOD CHIEF JositcE, who said that it had been dos tiled that it was absolutely illegal for any individual to advance money to a state so circumstanced as those of South America, which had never been abandoned by the mother country. The fonds which ought to have been supporting English industry and English credit had been dissipated in foreign loans.  Mr. Sergeant Vamowax said that all events the defendant was not at liberty, admitting the illegality of the transaction, to impute to the plaintiff any description of fraud. If a man were slinottog birds without a listens; another would not be justified, because this was an illegal act, in charging him with having stolen the birds ; upon the same principle, i 1 an assault were committed it would be a libel to charge the intivirlual committing it with having perpetrated murder. The Learned Sergeant concluded by observing that he could not, after the derided expression of the d.uurt, Incas upon their consideration the legallity of the loan, bat be would leave it with their Lordships to draw the fair distinction between the contract foe the loan, or the edeavonr to effect it, and Me abeee which was collateral—which was not a fair comment on the transaction, but a gross libel. Mr Sergeant TADDY argued in support of the rule. His Learned friend had laid down three propositions : first, that there was a Republic or State of Chili; secondly, that the plaintiff was appointed envoy ; and thirdly, that he was authorised and mt. powered to negotiate • loan in this country, and that he had done It on the put tit the State of Chili. He contended, that neither of these propositions were made out. The Court had no means of judging whether there was such a State or not. The Courts received their legislative power (coin his Majesty, and his Majesty acknowl.ligcd at the period alluded to, the King of Spain as Sovereign of the States of South America : for the King of Spain had Lot abandoned those States. Ills Learned Friend had brought fur. weal several opinions of writers on the Laws of Nations, but Wes' were speculative. general, and abstract opinions, and could but be acied upon. One of the authorities was merely speaking in reference to • new State; this could not apply to the States of South America. The Learned Sergeant then inquired if any provit.ee io Spain choose to declare itself independent, whether that could he deemed sufficient to constitute it an independent state. As regarded the legality of the lose, if it was legal it was not midair. to be so ; and it it was not legal it was no loan at all. Then as rest:Gra the libel, suppose • man bad been libelled respecting his wanner of carrying on a particular business, and it turned out that he had been a smuggler, could he be supposed to prove his al. ligation ? Certainly not, and the Court would decide there was no ground for action. If the plsintifr meant to contend that he was a trader, and that as a trader he had been libelled, then it was incumbent on him to prove that he had exercised his trade legally. The Court sled they would hear the rest of the argument ott steadier day.