Page images
PDF
EPUB

all.” I have bad some actions before me, go- when they had a right to it. It was a dispute ing rather further than these transitory actions; between them and the fishermen in England, that is, going to cases which in England would | The cause went on a great way: the defendant be local actions: and I remember one, I think would have turned it short at once, if he could it was an action brought against captain Gam: have made that objection ; but that objecbier, who by order of admiral Boscawen bad tion was not made. There are no local courts pulled down the houses of some suttlers who among the Esquimaux lodiavs upon that part supplied the navy and sailors with spirituous of the Labrador-coast. Whatever injury had liquors; and whether the act was rigbt or been done there by any of the king's officers wrong, it was certainly done with a good in would have been altogether without redress, if tention on the part of ihe adıniral, for ihe sai. that objection of locality would have held: and lors' health were affected by it.' They were the consequence of that circumstance shews, pulled down. The captain was inattentive that where the reason fails, even in actions enough to bring the gentleman over in his own wbich in England would be local actions, yet ship, who would never have got to England that does not hold to places beyond the seas otherwise; and as soon as he came here, be within the kiog's dominions. That of admiral was advised that he should bring an action Palliser’s went ofl upon a proposal of a reagainst bim. He brought his action, and one ference, and ended by an award. But as to of the counts in the declaration was for pulling transitory actions, there is not a colour of doubt down the houses. The objection was taken to but that every action that is transitory may be the count for pulling down the houses; and laid in any county in England, though the the case of Skinner and the East India Com maiter arisés beyond the seas : and when it is pany was cited in support of the objection. On absolutely necessary to lay the truth of the ile other side, they produced, from a manu- case in the declaration, there is a fiction of law script note, á case before lord chief justice to assist you, and you shall not make use of the Eyre, where he over-ruled the objection; and truth of ihe case against that fiction, but you I over-ruled the objection upon this principle, may make use of it to every other purpose. I that the reparation here was personal, and am clearly of opinion not only against the obfor damages; that there would be a failure of jections made, but that there does not appear a justice, for it was upon the coast of Nova question upon which the objections could arise. Scotia, where there were no regular courts of

The other judges declared themselves of the justice, but if there had been, captain Gambier might never go there again ; and that the rea, the judgment should be affirmed.”

same opinion, and the Court ordered, “ That son of locality in such an action in England did not hold in this case. I quoted a case of In consequence of the above judgment, on an injury of that sort in the East-Indies, where Saturday the 4th day of February 1775, the even in a court of equity lord Hardwicke had gentlemen who were bail for governor Mostyn, directed satisfaction to be made in damages. to prevent his being taken in execution and That case was not fully argued; but this was carried to prison, were obliged to pay to Mr. argued, and there were large damages given Fabrigas the sum of 3,0001. for his damages, against Gambier. I do not quote it for the and 1591. which the Court amerced the goopinion I was of' there, because that opinion is vernor in costs. very likely to be erroneous; but I quote it for ibis reason, that there were large damages I have not ventured to alter the nonsensical given against captain Gambier: and though he was not at the expence, for he acted by the ore passages in the former report of this case. The ders of admiral Boscawen, yet the admiral's case in Shower, which is alluded to in p. 115, representatives paid the expence, therefore their I suppose to be that of sir Richard Dutton inclination was to bave got rid of that verdict if 0. Howell and others, executors of Witham, they could ; but there vever was any motion for a new trial. I recollect another cause that p. 24. caine oo before me: that was the case of ad- See the Case of Louisa Calderon v. General miral Palliser; there the very gist of the ac- Picton, B. R. A. D. 1809. tion was local. It was for destroying fishing- See, also, the following Case of the Island of buts upon the Labrador coast. It was a nice Grenada (Campbell 0. Hall), and the Canadian question; when the Canadians settled, and Freeholder, as therein cited.

550. The Case of the Island of Grenada; in relation to the Payment

of Four and one-half in the Hundred of Goods exported therefrom; between ALEXANDER CAMPBELL, esq. Plaintiff, and Wm. Hall, esq. Defendant, in the Court of King's-Bench, before Lord Chief Justice Mansfield : 15 GEORGE III. A. D. 1774.

6

(The following account of this Case is com- • be the said William would well and truly pay piled from the Reports of Mr. Lofft and Mr. ‘and satisfy the said Alexander the said sum of

money whenever be the said William should Henry Cowper, together with the short-hand

• be thereupto afterwards required. Yet the writer's report of the Arguments of Mr. Mac

said William, not regarding his said promise donald (now Lord Chief Baron of the Ex. and yodertaking, but contriving and fraudus chequer), and Mr. Hargrave. Both those · lently intending craftily and subtilly to delearned persons have assented to the publi

ceive the said Alexander in this behalf, bath not

* paid the said Alexander the said sum of money, cation of this Manuscript, wbich was im

or any part thereof, (although the said wil. parted to me by Mr. Hargrave, with his ac- • liam afterwards, to wit, on the same day and customed kindness of assistance in the im- year aforesaid, and often afterwards, at Lopprovement of this work.]

don aforesaid, in the parish and ward afore

said, was by the said Alexander required so This cause came on to trial before the rigbt to do) but to pay the same, or any part therehonourable William lord Mansfield, on Friday of, to the said Alexander be the said William the 2d of July, at the sittings after Trinity

bath bitherto altogether refused, and still term, for the city of London, at Guildhall, when doth refuse, to the damage of the said Alex a special verdict was found. The proceedings

• ander of 201. And thereof he brings bis in the cause were as follows:

suit, &c.' • Trinity-term, in the 13th year of the reign of

“ And now on this day, to wit, on Friday • king George the third.

next after the morrow of the Holy Trinity, in

this same term, (to which said day the said " London to wit, Be it remembered, that William had leave to imparle to the said bill, • beretofore, that is to say, in Easter-term last and then to answer, &c.) before our lord the past, before our lord the king at Westmins- king at Westmiuster, comes as well the said ter, came Alexander Campbell, esq. by Ben Alexander, by bis attorney aforesaid, as the jamin Rosewell, his attorney, and brought in said William, by Robert Want, his attorney ; the court of our said lord the king then there, and the said William defends the wrong and bis bill against William Hall, esq. being in injury. When, &c. and says he did not the custody of the marshal of the Marshalsea undertake and promise in manner and form as • of our said lord the king, before the king him the said Alexander Campbell above complains • self, of a plea of trespass on the case; and against bim. And of this be puts himself upon

there are pledges for the proseoution, to wit, the country; and the said Alexander doth ihe Jobo Doe and Richard Roe. Which said like. • bill follows in these words, to wit, London, to “ Therefore let a jury thereupon come before • wit, Alexander Campbell, esq. complains of our lord the king on Wednesday next after • William Hall, esq. being in the

custody of the three weeks of the Holy Trinity, by whom the i marshal of the Marshalsea of our lord the truth of the matter may be better known, [and • king bimself, of a plea [of trespass on the who neither are of kin to the aforesaid Alexa • case ; and also] for that whereas the said Wil- ander por to the aforesaid William] to recog. • liam, on the first day of January, in the year nize the truth of the issue between the said of our Lord 1773, at London aforesaid, to wit, parties, because as well the said Alexander as in the parish of St. Mary-le-Bow, in the ibe said William, between whom the issue is, • ward of Cheap, was indebted to the said have put themselves upon the said jury. The • Alexander in the sum of 207. of lawful money same day is given to the party aforesaid. of Great Britaio, for the like sum of money “ Afterwards the process being continued • by the said William before that time had and between the parties aforesaid, of the plea afore• received, for and to the use of the said Alex- said, by the jury between them being respited

ander: and being so indebted, be the said (before our lord ihe king, at Westminster, unul • William, in consideration thereof, afterwards, Saturday next after the morrow of All Souls

to wit, on the same day and year aforesaid, at then next following, unless the king's right • London aforesail, in the parish and ward trusty and well beloved William, lord Maus• aforesaid, undertook, and to the said Alex- field, bis majesty's chief justice assigned to ander tben and there faitbfully promised, tbat hold pleas before our lord the king himself,

[ocr errors]
[ocr errors]

sball first come on Friday the 2d day of July, ' peuter, and shall not be obliged to take arms at the Guildball of the city of London, accord against his most Christiao majesty; nor even ing to the form of the statute in such case against any other power. made and provided) for default of jurors, be- *** Answer-They become subjects of bis cause none of thein did appear.

• Britannic majesty, and must take the oath of " At which day, before our Jord the king allegiance, but shall not be obliged to take at Westminster, came the aforesaid Alexander 'arms against bis most Christian majesty until Campbell, by the said Benjamin Rosewell, his a peace may determine the fate of ihe island. attorney aforesaid. And the said chief justice, 5. Article ihe fifth-They'shall preserve their before whom the issue was tried, sent hither his civil government, their laws, customs, and record had in these words, to wit, “ • After- ordinances : justice shall be administered by . wards, that is to say, on the day and at the the same officers who are now in employ• place within contained, before the right 'ment; and there shall be a regulation made • honourable William, lord Mansfield, the chief • for the interior police between the governor of justice within written, John Way, gentleman, his Britannic majesty and the inhabitants : being associated unto bien according to the land in case tbat at the peace the island shall • form of the statute in that case made and pro- be ceded to the king of Great Britain, it shall • vided, comes as well the within named Alex • be allowed to the inhabitants to preserve their

an'ler Campbell, esq. by bis attorney within political government, and to accept that of named, as the within named William Hall, • Antigua or St. Christopher's. esq. by his attorney within mentioned. “ • Answer—They become British subjects,

“* And the jurors of the jury within men- * (as in the preceding article) but shall continue • tioned bring summoned, some of them, that to be governed by their present laws until his

is to say, Anthony Highmore, Peter Bostock, majesty's pleasure be known. • David Chambers, James La Motte, John “* Article the sixth-The inbabitants, as also Wilkinson, Joshua Bedsbaw, and Silvanus the religious orders, of both sexes, shall be

Grove, coine, and are sworn upon that jury: maintained in the property of their effects, • And because the residue of the jurors of the moveable and immoreable, of what nature * same jury do not appear, therefore other per- soever, and shall be preserved in their privi.

sons, of those standing by the court, by the leges, rights, honours, and exemptions; their · sheriffs of the city' and county aforesaid, at free negroes and mulattoes shall bave the en

the request of the said Alexander, and by the tire enjoyment of their liberty. • cominand of the said chief justice, are now “Granted, in regard to the religious ordersnewly set down, whose names are filed in the The inhabitants, being subjects of Great Bri. withiu written pannel, according to the form taip will enjoy their properties, and the same of the statute in the case made and pro- privileges as in the other his majesty's Leevided. Which said jurors, so newly set ward islands.' dowo, that is to say, John Lee, William Ker- “* Article tbe seventh-They shall not pay to .sil, Charles Hongham, John German, and • bis majesty any other duties than those wbich • Richard Hatt, being required, come, who, have been paid bitherto to his most Christian together with the said other jurors before im- majesty; and the capitation of negroes upon paquelled, and sworn to declare the truth of the same footing it is paid at present, without ihe witbio contents, being elected, tried, and any other charges or imposis: and the exsworn, upon their oaths say,

• pences of justice, pensions to curates, and "• That the island of Grenada, in the West- other occasional expences, shall be paid by • Indies, was in the possession of the French tbe domain of his Britannic majesty, as they • king until it was conquered by the British were by that of his most Christian majesty.” • arms in 1762. And tbat during that posses- " Answered in the sixth article, as to what

sion there were certain customs and impost regards the inhabitants. • duties collected upon goods imported and ex- in Article the eleventh-No other than the • ported into and out of the said island, under inbabitants resident in this island sball, till the

the authority of his most Christian majesty. peace, possess any estates, either by acquisi• And that in the said year 1762, the said island tion, agreement or otherwise: but in case at ' was conquered by the king of Great Britain, 'the peace the country shall be ceded to the then in open war with the French king: and king of Great Britain, then it shall be perthat the said island of Grenada surrendered to "mitted to the inhabitants, who shall not be the British arms upon the same articles of willing to become bis subjects, to sell their capitulation as had been before granted to the estates, moveable and iminoveable, to whom inhabitants of the island of Martinico, upon they please, and retire where they shall think

the surrender thereof to the British arms. proper ; in which case they shall be allowed * And that in the articles of capitulation des convenient time. [answer.] All subjects of manded by and granted to the inhabitants of Great Britain may possess any lands or the said island of Martinico, upon the surren-houses by purchase. The remainder of this der thereof to the British arins, dated the article granted, provided ibey sell 10 British *7th day of February, 1762, are the following subjects.? . articles, that is to say,

" And the jurors aforesaid, upon their oaths 6 • Article the fourth-They shall be strictly aforesaid further say-That in the definitive VOL. XX.

R

[ocr errors]

treaty of peace avd friendship between his,'tracting parties guaranty the partition so Britannic majesty, the most Christian king stipulated.' and the king of Spain, concluded at Paris the “And the jurors aforesaid upon their oaths 10th day of February 1763, amongst others aforesaid further say, that his majesty, by his are the following articles :

royal proclamation bearing date at Westmin“ • Article the fourth-His most Christian ster the 7th day of October, 1763, amongst majesty renounces all pretensions which he other things declared as follows, ' And whereas • has heretofore formed or might form to Nova • it will greatly contribute to the speedy settling • Scotia, or Acadia, in all its parts; and gua- our said new governmeots that our loving • ranties the whole of it and with all its depen subjects sbould be informed of our paternal • dancies to the king of Great Britain: more care for the security of the liberties and pro• over his most Christian majesty cedes and perties of those who are and shall become in• guaranties to bis said Critannic majesty in habitants thereof; we have thought fit to

full right Canada, with all its dependancies, publish and declare, by this our proclamation, ' as well as the island of Cape Brelon, and all • ibat we have, in the letters patent under our • the other islands and coasts in the gulph and great seal of Great Britain, by which the said • river of St. Lawrence. And in general every ·governments are constituled, given express • thing that depends on the said countries, power and direction to our governors of our • lands, islands and coasts, with the sovereigoty, said colonies respectively, that, so soon as the

property, possession, and all rights acquired • state and circumstances of the said colonies .by treaty or otherwise, which the most • will admit thereof, they shall, with the advice • Christian king and the crown of France have • and consent of the members of our council, • had uutil now over the said countries, islands, • summon and call general assemblies within' "lands, places, coasts, and their įphabitants : • the said governments respectively, in such so that the most Cbristian king cedes and • manner and form as is used and directed in makes over the whole to the said king and to those colonies and provinces in America, the crown of Great Britain ; and that in the « which are under our immediate government. most ample manner and form without re- "-And we have also given power to the said striction, and without any liberty to depart governors, with the consent of our said counfrom the said cession and guaranty undercils and the representatives of the people, so

any pretence, or to disturb Great Britain in to be summoned as aforesaid, to make con• the possessions above mentioned.-His Bri- stitutions and ordain laws, statutes and or-' • tannic majesty on his side agrees to grant the dinances, for the public welfare and good goliberty of the Catbolic religion to the in babi. 'vernment of our said colonies and of the peo

tants of Canada : be will consequently give ple and inhabitants thereof, as near as may • the most precise and effectual orders, that his be, agreeable to the laws of England, and • new Roman Catholic subjects may profess the under such regulations and restrictions as are • worship of their religion, according to the used in other colonies. And in the mean time • rights of the Romish church, so far as the " and until such assemblies can be called as • laws of Great Britain can permit-His Bri- aforesaid, all persons inbabiting in, or resort• tannic majesty further agrees that the Frenching to our said colonies, may confide in our

inhabitants or others who had been subjects royal protection for the enjoyment of the be• of the most Christian king in Canada, may . pefit of the laws of our realm of England : retire with all safety and freedom wherever for which purpose we have given power under they shall think proper, and may sell their • our great seal to the governors of our said co• estates provided it be to subjects of bis Bri- lopies respectively, to erect and coostitute, • tanoic majesty, and bring away their effects with the advice of our said councils respee

as well as their persons without being re- tively, courts of judicature and public justice strained in their emigration under any pre- within our said colonies, for the hearing and • tence, except that of debts or criminal prose- determining all causes as well criminal as civil

cutions. The term limited for this emigra- according to law and equity, and as oear as • tion, shall be fixed to tbe space of eighteen may be agreeable to the laws of England; months to be computed from the day of the with liberty to all persons who may think

exchange of the ratifications of the present themselves aggrieved by the sentences of such • treaty.'

courts in all civil causes to appeal, under the “ • Article the ninth-The most Christain usual limitations and restrictions, to us in our • king cedes and guaranties to bis Britannico privy council.'

majesty in full right the islands of Grenada, " And the jurors aforesaid, upon their oaths • with the same stipulations in favour of the in- aforesaid, further say—That his majesty by bis • habitants of this colony, inserted in the 4th royal proclamation bearing date at Westmin.

article for those of Canada. And the parti- ster, the 26th day of March 1764, amongst * tion of the islands called Neutral is agreed other things did also declare as follows, • and fixed; so that those of St. Vincent, Do. Whereas we have taken into our considera"minica, and Tobago, shall remain in full righttion the great benefit that will arise to the " to Great Britain, and tbat of St. Lucia shall commerce of our kingdoms and the interest

be delivered to France, to enjoy the same of our subjects, from the speely settlement likewise in full right. And the bigh con- of the islands of Grenada, ibe Grenadines,

[ocr errors]
[ocr errors]

6

[ocr errors]
[ocr errors]

• Dominica, St. Vincent and Tobago, we do annual quit-rent to us,our heirs and successors, •tberefore think fit, with the advice of our of sixpence per acre, under the penalty of 51.

privy council, to issue this our royal procla- per acre upon non-payment thereof. Such .mation, to publish and declare to our loving quit-rents in the case of the purchase of clear• subjects tbat we have with the advice of our ed lands to commence froin the date of the ' said privy council, given the necessary powers 'grant, and the first payment to be made at the • and directions for an immediate survey, and expiration of the first year ; and in case of the I division into proper parishes and districts, of * purchase of the uncleared lands, such quit

such of the said islands as have not hitherto rents to commence at the expiration of twelve• been so sorveyed and divided; and for laying mouths from the time each acre is cleared. • out such lands in the said islands as are in our • That in case of failure in the payment of the

power to dispose of, into allotments for plan- purchase money in the manner above directed, • iations of different size and extent, according • the purchaser shall forfeit all right to the • as the nature of the land shall be more or less "lands purcbased.' • adapted to the growth of sugar, coffee, cocoa, “ And the jurors aforesaid, upon their oaths

cotton, or other articles of beneficial cul- aforesaid, further say, that his majesty by bis letture; reserving to us, our heirs and successors, ters patent, under his writ of privy seal bearing ' such parts of the said islands as shall be ne- date, at Westminster, the 9th day of April 1764,

cessary for erecting fortifications thereon, and appointed Robert Melville, esq. captain general • for all other military purposes; for glebes and governor in chief in and over the islands of . for ministers, allotments for school-masters, Grenada, the Grenadines, Dominica, St. Vin. for wood-lands, high-roads, aod all other cent, and Tobago, in America ; and of all other • public purposes: and also reserving such islands and territories adjacent thereto : which • Jands in our islands of Dominica and St. said letters patent are as follows.--- George · Vincent, as at the time of the surrender " the third by the grace of God, of Great Bri* were and still are in the possession of the tain, France and Ireland, king, defender of • Freach, inbabitants of the said islands ; the faith, &c. To our trusty and well be· which lands it is our will and pleasure should 'loved Robert Melville, esq. greeting: whereas

be granted to such of the said inhabitants as we did by our letters patent under our great shalí be inclined to accept the same upon seal of Great Britain, beariog date at West

leases for terms absolute, or for renewable.minster, the 4th day of April, in the first year terms upon certain conditions, aod under of our reign, constitute and appoint Charles proper restrictions. And we do bereby farther • Pinfold, esq. captain-general, and governor in publish and declare, that the allotments for • chief in and over our islands of Barbadoes, plantations in our islands of Grenada, the • St. Lucia, Dominica, St. Vincent, Tobago, and Grenadines, Tobago and St. Vincent, shall 'the rest of our islands, colonies and pianta• contain from one hundred to three hundred tions in America, commonly called or known

acres, with some few allotments in each island by the name of our Carribee islands lying of five hundred acres; and that the allot- and being to the windward of Guadaloupe, and 'ments in our island of Dominica, wbich is which then were or after should be under our

represented to be not so well adapted to the subjection and government, during our will • cultivation of sugar, and wbich from its • and pleasure, as by the said recited letters pa• situation requires in policy to be well peopled tent, relation being thereunto had, may more " with white inhabitants, shall be in general from 'fully aud at large appear: now know you that .bitly to an hundred acres. That each purchaser we have revoked and determined, and by these • of lands which have been cleared and im- presents do revoke and determine, such part

proved, shall within the space of three months and so much of the said recited letters patent, • from tbe date of the grant settle and constantly and every clause, article and thing, iherein .. keep upon the lot purchased one white man "contained, as relates to, or mentions, the

or two white women, for every bundred islands of St. Lucia, Dominica, St. Vincent,

acres contained in the said lot, and in default and Tobago. And further know you, that " thereof shall be subject to the payment of we, reposing especial trust and confidence in • 20l. per annum for every white woman, and 'the prudence, courage and loyalty, of you * 401. per annom for every white man, that the said Robert Melville, of our especial grace, • shall be wanting to complete the number. • certain knowledge, and mere motion, hase • That the parchaser of uncleared lands shall * thought fit to coostitute and appoin', and by • clear and cultivate one acre in every twenty • these presents do constitute and appoint, you . in each year, until balf the land so purchaseul • the said Robert Melville to be our captain• shall be cleared, and in default thereof sball general and governor in chief, in and over oar

pay 5l. per annum for every acre not cleared islands of Grenada, the Grenadines, Domi* pursuant to such condition.

•nica, St. Vincent, and Tobago, in America, • chaser shall also be obliged to settle and con- 6 and of all other islavds and territories adja

stantly keep upon the lot so purchased one *cept thereto, and which now are, or bereto• white man or two white women for every • fore have been, dependent thereupon. And • bundred acres as the same shall be cleared. we do hereby require and command you to • That each purchaser, besides the purchase do and execute all thiugs in due manner, that * money, shall be subject to the payment of an shall belong to your said command, and the

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

And such pur

« PreviousContinue »