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guments of the defendant to prove that the practice was not injurious to the revenue. It might appear so at first sight, but would be found to be injurious in the long run: if wine merchants were permitted to mix foreign wines with the Cape wine, which paid less duty, they might improve it so much as to increase its consumption as a substitute for Port, and thereby injure the

revenue.

The Court, in giving judgment, said there was no imputation whatever upon the character of the firm, of which the officers of the Excise had always made an honourable report; and those who had presumed falsely to impeach its respectability deserved punishment. The information did not charge them with any thing criminal or corrupt, and the question merely turned on a point of law. On this head the Court were clearly of opinion that there had been a mixing within the meaning of the Act, and adjudged the whole of the wine so mixed to be forfeited.

CLARE ASSIZES.

The King v. W. Borough, Esq. and J. Magrath. This was an ex-officio information filed by the Attorney-general against the defendants for conspiring with others unknown, to transport a woman of the name of Judith Lynch to America.

The Jury, after a short deliberation, found the defendants Guilty upon both counts in the information.

This matter appears to have

been brought forward by government in consequence of the following anonymous letter to the Lord-Lieutenant :

"My Lord;-To leave you ignorant of an outrage perpetrated within your government, unparalleled in the present state of society, and perhaps seldom surpassed in the most oppressive feudal era, would be to neglect a duty to my country, and to the victim of barbarous cruelty-an outrage, too, premeditated, planned and carried into effect by one of his Majesty's justices of the peace, the supposed guardian of his Majesty's subjects and the preserver of the laws, who, though destitute of humanity, ought, from a recollection of the trust reposed in him, to have risked his life in protecting her whom he made the object of his unlawful and more inhuman machinations. I will now, my lord, state as clearly as I can this occurrence, and should I deviate in the least from what actually took place, it is because I reside remote from the scene of tyranny and leave to your lordship the close investigation of the matter, and not from a wish to add to a crime already black enough.

"About the middle of August last, Wm. Borough, esq. a magistrate of the county of Clare, and a half-pay lieutenant of his Majesty's royal navy, assisted by some ruffians, came to a poor and indigent man of the name of Lynch, living in a miserable hut and far distant from the house of this justice; this unoffending and unsuspecting man was standing near his hut, his daughter not far off, when he was addressed by

Mr.

Mr. Borough, who asked him if that was the girl called Judy Lynch, his daughter. The father replied in the affirmative; then go and bring her to me, added Mr. Borough. The affrighted and no less astonished parent complied, and no sooner did so, than the unhappy girl was seized by Mr. Borough's men and by his order dragged to a boat just by. The distracted father asked Mr. Borough why he acted thus; who, combining stratagem with force, said that he had a summons for her from major Warburton, the chief of the police at Kilrush, within three miles of which this happened. This was unanswerable; and all that was then implored was, that his poor daughter might be permitted to go a few yards to her miserable dwelling, that she might procure from her ill-supplied wardrobe such clothes as might enable her to appear as well-attired as she could in answering the fictitious summons, and to relate to her mother this inexplicable and hostile proceeding but ferocious, inexorable, and mysterious, as any officer of the inquisition of Goa during its most dreadful epoch, this Mr. Borough denied: -and observe, my lord, what followed. This ill-fated girl was conveyed in the boat, into which she had been first forced, to an American vessel then under weigh in the Shannon (on the bank of which it happened), and bound direct to the United States; whither, without judge or jury, or crime, she was literally transported. Perhaps you will agree with me, my lord, in thinking that the emigration to that

country is sufficient without using force to decrease our population, and conveying to that republic what will be received with avidity as a specimen of our laws, yet is no more than the unprecedented act of an individual. Now, my lord, you must naturally conclude that even in the most depraved mind something must have occurred to provoke ferocity like this towards a helpless young female; and as it is not my wish to conceal a tittle of what I know, I shall relate candidly what instigated this cruelty. This girl was accused of being intimate with a man whose wife had sufficient influence, through others, to induce this modern Nero to inflict summary punishment on the object of their vengeance by banishing her from the realm; and as a further proof that this act was not premature, another character has (the unfortunate Lynch says) been implicated in the affair. A man (if he deserve that title) of the name of Jephson, pro-collector of the port of Limerick, was three days on board this ship, using every means in his power to persuade the master to take a necessary part in this kidnapping transaction, and was on board, it is stated, when the girl was conveyed there by Mr. Borough. Quere: My lord, had the surveyor of the port of Scattery done his duty could this traffic in human blood have taken place? No, my lord, had this vessel been cleared out of the river, this girl would have been freed from transportation. I call it a traffic in human blood, because the diabolical master, however remunerated, will, consistent

same.

with his iniquity, dispose of the devoted wretch's freedom for five or seven years for a sum adequate to the expense of her passage, denying (should it be so that he received from the authors of her ruin any compensation for the How peculiarly unfortunate that major Warburton, close to whom it happened, should be ignorant of this affair: for ignorant he must be, or it could not escape with impunity, as it has done, when a crime of less magnitude would call forth the vigilant zeal of this hitherto-supposed impartial officer; for I'll venture to assert, that since his appointment to his situation in that county, a more flagrant breach of the laws has not called for his interference, and particularly when his name and authority were abused in accomplishing the nefarious deed. One of your excellency's privy counsellers, the right hon. J. O. Vandeleur, can obtain every information your excellency may require on this subject, as I am informed it happened on his estate. To you, my lord, from whom justice emanates, and in whose power it is to redress this much injured pauper by restoring his stolen child to him, it is most proper to address this. Sums of money are now offered and threats held out, in order to seduce and deter the miserable parent from pursuing any means whatever by which he may recover his lost child. Fifty pounds have been offered the father for the liberty of his daughter, and to sink in oblivion what has past. As yet he has withstood the temptation; but should his silence even be purchased, it

will not, cannot operate as a Lethean draught upon every mind. "THE FRIEND OF THE OPPRESSED.

"To Earl Talbot, LordLieutenant and General-Governor of Ireland."

HIGH COURT OF ADMIRALTY.

The Ship Dolores, Carbonel, Master.-In this case the courtesy of the Court permits the commanding officer of a station to moot the question of his right to the flag's proportion of oneeighth of the bounty allowed by the act of parliament of 47th of the king (for the abolition of the slave trade), "to the officers, seamen, mariners and soldiers, on board of any of his Majesty's vessels of war at the capturing of any other vessels which shall be by them taken engaged in the slave trade, and afterwards prosecuted and condemned as prizes of war," at and after certain rates for men, women and children, respectively. It was stated in the course of the argument, that few or no cases of a similar claim were to be found on the records of the Court, the bounty or head money having been awarded generally to the actual seizers of the prize; which the learned counsel for the captors contended was the intention of the Abolition act, as a farther encouragement to the vigilance and exertions of captors. His Majesty's ship Ferret, commanded by captain Stirling, was on her return voyage from St. Helena, whither she had accompanied the squadron under the orders of admiral sir George

Cockburn,

Cockburn, appointed to convey the person of Buonaparte to that island. On the 4th of April 1816, the Ferret captured the American armed schooner Dolores, capt. Carbonel, engaged in the prosecution of the slave trade. She was carried into Sierra Leone, having on board no less than 250 unfortunate Africans of all ages, men, women and children, and was condemned on the 13th of May following as English and American property, and consequently as good and lawful prize. The 47th of the King provides, that bounties in such cases of capture and condemnation shall be paid by the navy board, in the same manner as "head money" is directed to be paid under the 45th of George 3rd, to the officers, seamen, &c. on board, according to the proclamation for the distribution of prize-money already issued and extant. Now, on the 16th of March 1808, there issued an order in council, which directs the distribution to be made in the manner we have already mentioned. As no other order in council on the subject was promulgated until the month of July 1817, distribution in this case, it was contended, must follow that of March 1808.

It appeared that captain Stirling's instructions, which were dated from on board his Majesty's ship Northumberland, were simply to reach Spithead with all possible diligence, and upon his arrival to convey sir George Cockburn's dispatches, of which he was the bearer, immediately to government. No mention was made of any course to be pur

sued in case of prizes that might be captured, nor was any such event contemplated by them.

Dr. Adams and Dr. Dodson, on the behalf of sir George Cockburn, contended, that as the flagofficer of the station from whence the Ferret was dispatched, he had a legal claim to one-eighth of the bounty awarded by act of parliament, in the same way as he was to his proportion of the nett proceeds of lawful prizes. In reply to the great number of analogies which the learned gentlemen on the other side might resort to for the purpose of proving that the distribution of prizemoney for bounty allowed for slaves assimilated to the distribution of property flowing out of revenue seizures, they were de fective in the very point where it was to be required that the analogy should bear most strongly. In the very part which ought to respect the reward of flag-officers there was a total failure, not only as regarded the proportion itself, but as regarded the fund also out of which flag-officers were to be so rewarded.

Dr. Jenner and Dr. Lushing ton, for the seizers, observed, that bounties severally of 201., 157., and 57. each, were given by government for every man, woman and child found on board slave-ships, in substitution of prize-money. The original proclamation by which the distribution of prize-money was regulated was dated in 1764, and directed three-eighths to be paid to the actual captors; the admiral, "if entitled to it," to have the remaining one-eighth, or king's share, theretofore allowed to the

crown.

crown. The money was to be paid to the seizing officer, who was to proceed to make such distribution as might be directed by his Majesty by an order in council. This was, the learned counsel observed, the first instance in which a claim of the sort had been made. (The other learned counsel observed, that if so, it was because such captures had not been usually made under flagofficers.) Now, with respect to the limits of the admiral's station, it was not necessary in time of war that the capture should be made within those limits to establish his claim. In this case, however, the reward was specifically directed to the seizers; and the flag-officer had no right to share, because his claim, if allowed, would be a diminishing of the reward contemplated by act of parliament. The 47th of the King decidedly assimilated cases of capture like the present, to seizures made under the Revenue Acts. The 13th section, the Court would observe, expressly appropriated the penal ties and profits in the same man

ner.

Sir William Scott said, a most particular distinction was to be observed in this case. The money or bounty was to be distributed at the pleasure of his Majesty. The bounty itself he considered to be given in substitution of proceeds.

The learned counsel admitted the distinction, considering that in the case of illegal importation of slaves, the Crown was entitled to a moiety of the proceeds; the admiral was only entitled to share out of that moiety which

was so given to the Crown by the proclamation of 1764.

Dr. Adams observed, that the difference in this case was, that there was no fund out of which the flag-officer could be so remunerated.

No

The learned counsel denied that in this instance the necessity of his remuneration existed, as in the case of actual war. The same "animus capiendi" could not be supposed to actuate him, as in times when it was his duty to be upon the look-out for objects upon which he might exercise it. Under these circumstances they submitted that the claim of sir George Cockburn could not be sustained. thing could be more clear than that this case had nothing to do with war; and the only question for the Court was, whether the legislature, in issuing their proclamation of 1807, intended to give the flag-officer his flagshare? From the year 1764 up to the passing of the Abolition Act, a period of more than forty years, no case like the present had occurred;-a fact which went to show that seizures of this nature were not subject to the deduction of any flag-officer's share of one-eighth. And what would be the consequence of such deduction? Why, that the seizers would thus take a less share of the property seized than they would have done before the passing of the Abolition Act, a most startling proposition indeed. This act, which surely intended further encouragement and reward, contained rules and regulations for the remuneration of captors and scizers under particular cir

cumstances.

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