permit us to give a short sketch of the principal and leading heads.

The action was brought by Lieut. Farewell, of the royal navy, to recover damages of Capt. Larkins, of the Marquis of Camden, Indiaman, for having imprisoned him whilst on his passage to Bombay, and for having kept him in confinement from the 2d of May till the arrival of the vessel at Bombay, a period of about twenty-one days.

To this action a plea of justification was filed by Capt. Larkins, that he imprisoned the plaintiff, having lawful authority so to do as conmander of the ship, for the disturbances created by the plaintiff on board.

Mr. Morley opened the pleadings, and Mr. Woodhouse addressed the court on the behalf of the plaintiff, and the following witnesses were then called.

Robert Deacon, examined by Mr. Morley.-Stated he was a midshipman on board the Marquis Camden, on the present voyage from England to Bombay. The plaintiff was a passenger on board. On the 24 May last recollected the plain-. tiff having been ordered to his cabin by the defendant. The plaintiff was leaning on the side of the poop humming a tune, the captain and Mr. Pascoe, the chief officer, were walking on the poop, the, captain said to Mr. Farewell, it is my particular orders to the officers not to allow any singing or whistling on the poop."

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Mr. F. made a reply, which he (witness) did not hear, the captain said, "if you do, I shall confine you as a prisoner to your cabin." Mr. F. replied "do it "at your peril, if you do, I'll be damned "if I don't "-the captain interrupted him saying "you'll do what? Nothing further then passed till the captain took another turn on the poop, and Mr. F. continued humming a tune, the captain. on returning said to Mr. F. go to your cabin immediately." Mr. F. said " will not unless it is by force." The captain desired them to send for the master at arms, Mr. F. said in the meantime 66 you have done a damued mean thing in desiring your officers not to speak to me."; The captain replied "go to your cabin, sir." Mr. F. said, "I shall not, who the devil are you, pray?"-the captain then called for the quarter-masters and said 66 take this man off the poop." One of the quarter-masters came up, but did not proceed to touch him immediately, the chief officer called for another hand to come up, upon which the captain said, "do as I order you immediately; surely you two are enough to take him down?" The two quarter-masters then laid hold of him and took him off the poop. Mr. F. in going down the ladder said, " gentlemen, you see how I have been treated." Plaintiff was merely humming in a

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quarter masters. Quarter-master Casey and myself repaired to the poop, and the captain ordered us to see Mr. F. to his cabin. I told Mr. F. the orders I had received, he made no reply; then put my left arm round his waist, on which Mr. F. said don't carry me down, I will go down." On Mr. F.'s coming on the deck he said, "I hope, gentlemen, you'll take notice of what has been done?" and on his going into his cabin; he said, "quarter-masters, I will call on you as witnesses." I was the only person that took hold of Mr. F. Before I took hold of him, the captain said " damn you, you are strong enough to lay hold of him," and I then put my arm round him. I saw him to his cabin.

Cross examined by Mr. Advocate General.-The other quarter-master was Joseph Casey, and he was first on the, poop. There was no other force used than what I have mentioned.

William Thornton examined by Mr. Morley.-I was acting serjeant major to the honourable Company's European recruits on board the Marquis Camden. I was in the orlop deck on the evening of the 2d May, I was informed by a man, that there was a dispute between Capt. L. and Mr. F. on the poop. I immediately went up, and I observed the captain to be in a very great passion with him, telling him to go below to his cabin. Two quarter-masters were then on the poop, and I heard the captain say, "damn you, take this man down." They then took him down, but not without some sort of resistance on the part of Mr. F. When Mr. F. came to the after-hatchway, before going down I heard him say, "bear testimony to the treatment I have been receiving"-he then went down. Afterwards I was called by the captain, he told me 66 to place a sentry over Mr. F., strictly ordering him to pay every attention to his duty, or he would be damned

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if he would not make him." I received orders to tell the sentries, that no more except the chief mate and captain's steward were to have access to Mr. F.'s cabin, and that if any questions were asked by Mr. F. as to the orders given to the sentry, they were not to tell him; and to pay every attention to their duty. I then went to Mr. Pascoe, and asked him whether it was requisite for the sentry to have a bayonet in his hands, and he told me it was, which was afterwards given to the sentry by the master at arms. received orders that the plaintiff was to be confined close to his cabin, with permission merely to go to the quartergallery. I heard that the plaintiff had made a request for permission to walk in the steerage, but it was not made in my presence. To the best of my knowledge, the orders I received were strictly carried into execution for between twenty and thirty days, and up to the anchoring of the ship in this harbour. I received orders from Mr. Pascoe to take the sentry off after the ship had anchored in Bombay harbour, which I accordingly did. I ob served one of the quarter masters handle the plaintiff rather roughly on the poop, one went on each side of him till he left the deck.

In his cross examination this witness proved that some severe restrictions were imposed on the plaintiff during his confinement.

Nathaniel Bulgin and Thomas Bell, the former a private, and the latter a corporal in the hon. Company's service, corroborated the testimony of the last witness, and proved that they did not hear Mr. F. make any noise which could excite the least disorder. The next witness called was Edward Foord, the third officer on board the Marquis of Camden, who stated that he never heard Mr. F. make use of any improper language respecting Capt. L., and proved that another officer, Mr. Haworth, was the person who uttered certain offensive words that were imputed to the plaintiff.

Several other witnesses were called on the part of the plaintiff, all of whom concurred in the particulars of the charge as already stated, and the sentry who was placed over Mr. F. deposed that he saw him treated with much severity by the order of the defendant.

The plaintiff's case being closed the Advocate General addressed the court in a very able speech on the behalf of the defendant, and the first witness he called upon was

William Pascoe.-I am chief officer on board the Marquis Camden. I was on the poop on the evening of the 2d May. I observed Mr. Farewell, walking on the starboard side of the quarter deck, I went upon the poop, soon after Capt. Larkins came on the poop, and I remark

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ed Mr. Farewell came up two or three minutes after the captain, and bega walking to and fro across the poop. remarked to Mr. Saxton, the second officer, the manner in which he walked, I thought it was very insulting to Capt. Larkins; what I meant by insulting is, that he came up close to Capt, Larkins and turned himself very quick round on his heel. About a minute or two after this Capt. Larkins asked me to remark the way in which Mr. Farewell was be-having, I told him I had observed it be fore; soon after this Mr. Farewell went over to the farboard side of the poop and leaned upon the gunwale. Capt. Larkins and myself began walking across the poop, I remarked that Mr. Farewell was singing, Capt. L. went up to Mr. F. and said, "I shall thank you to desist from that, as I never allow singing or whistling here, not even to my own officers." Mr. F. replied that he should not desist, and that he should please himself on that subject. Capt. L. replied, "if you do, I shall send you to your cabin." Mr. F. holding his finger up, said, "at your peril do it." Capt. L. and myself then began to walk across the poop, after taking two or three turns, Mr. F. was still singing. Capt. L. desired Mr. F. to go to his cabin, which Mr. F. refused, saying, "at your peril, send me there, if I go it shall be by force," on which Capt. L. ordered the master at arms to be sent for to see Mr. F. to his cabin. Mr. F. on this got up from where he had been leaning, and began walking in a very hurried manner across the poop, saying to Capt. L. who was standing on the front of the poop, that after the blackguard way he treated him in forbidding his officers to speak to him, he should try at Bombay to get him dismissed his ship; and repeatedly walked close up to Capt. L. with his hand lifted up in a threatening posture, saying, "God damn you, who are you in the ship?" Upon this, Capt. L. finding that the master at arms did not come up, ordered me to send for the two quarter masters of the watch to take him off the. poop, and at the same time, called out himself for them. On the quarter masters coming on the poop, Capt. L. ordered them to lay hold of Mr. F.; they not doing so very quick, Capt. L. repeated his orders two or three times, aud asked them what they were afraid of At this time Mr. F. was leaning against the mizen mast, I asked Mr. F. to go down quickly off the poop, which he refused saying,

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you shall use force to take me down." I ordered the quarter-masters to do as the captain had ordered them, which they did, one taking him by his arm, the other, I am not quite certain if he took hold of him or not, but walked by his side to the ladder. Mr. F. said "let me go, and I will walk quietly down," which he

did, followed by the two men our his reaching the foot of the ladder, he called upon those present to witness the treatment he had received. After this Capt. L. and myself were standing on the front of the poop, the master at arms came up and reported, that Mr. F. was walking in the steerage and would not go to his cabin, upon which Capt. L. desired me to go down and see him to his cabin. On getting into the steerage I saw Mr. F. walking to and fro in the steerage, I told him the orders that I had received, at the same time I told him, I would thank him to go to his cabin: he immediately re plied," tell the captain I am unwell." I told him that was no business of mine, but that I would report it after I had obeyed the orders given me. Finding he did not go into his cabin, I told him how very unpleasant it would be to my feelings to be obliged to use force to put him into his cabin: he then walked towards the door of his cabin, and on his getting close to it, began some conversation about the manner in which he had been treated. I told him it was what I would not hear, nor did I wish to speak upon the subjert on my saying that he went into his cabin. In about an hour afterwards Mr. F. sent me a note, in which note he begged to know, as he did not wish to have any communication with the captain, if he might be allowed his servant, as he was willing to do the duty of the ship and to attend on him besides; there was more than what I have mentioned in the letter, but it was worded in such a manner that I took it back to Mr. F. and told him I had no power of the kind to graut him a servant, but that if he would write me an official note I would take it to Captain Larkins, and would report Capt. L.'s answer to him, which I did that night.

I was in the captain's cabin in the morning of the same day when Mr. F. was present, and some conversation took place respecting a letter which Capt. L. had received from him. The letter in question related to some expressions Mr. F. said he had made use of in Capt. L.'s presence; as well as I can recollect, it was that Capt. L. had not been used to the society of gentlemen, or that if he had, he had profited very little by it, I was called in by Capt.. L. and desired to repeat the expressions that Mr. F. had before repeated in my presence in Capt. L.'s cabin, which expressions were that Capt. L. had not treated him like a gentleman, Capt. L. on this turned round to Mr. F. and said, "take care what you say, sir." Mr. F. then said, "at least you have not done it according to my ideas of a gentleman." Capt. L. then said, "that is very likely, your ideas and mine on that subject are very different." Capt. L. then said that was all he had to say to him

Mr. F. at this time was walking up and down the cabin, and as well as I can recollect, the conversation first began about the way in which he had been treated at Capt. L.'s table. Mr. F. said Capt. L. knew where to find him at Bombay, or that Capt. L. would hear from him at Bombay, I do not recollect the exact words.

In the manner of Mr. F.'s singing ou the poop, it struck me that the noise he was making, was louder when we got near him than at any other time. Mr. F. was not in the habit of walking the poop when Capt. L. was there, after the coolness between them. The crew were not in good order at one period, but in general they were well behaved.

Nothing particular was elicited in the cross-examination of this witness.

James Saxton, examined by Mr. Advocate General.-I am second officer, and was on the poop of the Marquis Camden on the evening of 2d May; I was officer of the watch; at half past six, I saw Mr. F. walking on the starboard side of the quarter-deck, Capt. L. came out of the cuddy and immediately went on the poop. Mr. F. came up on the poop about one or two minutes afterwards. Mr. Pascoe, the chief officer, mentioned to me that Mr. F. was coming up, he thought to annoy the captaiu. Mr. F. was walking across the poop coming close to Capt. L. on the starboard side, walking with his hands behind his back under his coat. Mr. Pascoe asked me to observe him, how close he goes to the captain, which I did, Mr. F. went close to the captain, nearly almost to touch him. There was plenty of room on the poop without going so near to the captain. I did not observe any thing till about ten or twelve minutes. Mr. F. was leaning on the larboard side, when he began whistling and singing, Capt. L. was walking across the poop with the chief officer; soon afterwards I heard Capt. L. address Mr. F. that whistling or singing on deck he did not allow his officers to do. Mr. F. immediately replied," I shall do as I please about that." Capt. L. took another turn or two across the poop, when he addressed Mr. F. again, I will thank you to desist in making that noise, if you do not I shall be obliged to order you to your cabin.” Capt. L. took another turn, Mr. F. was still making the same noise. Capt. L. then said, "Mr. Farewell, go to your cabin." Mr. F. replied, " at your peril do it, sir." Capt. L. then called for the master at arms, during that time Mr. F. began walking on the poop with one hand behind his back under his coat tails, he replied that time, "damn you, who are you in the ship? I shall try and get you dismissed from your ship at Bombay ." After that Capt. L. then ordered the master at arms to be sent for to see Mr. F. to

his cabin. Mr. F. said, "I must go by force." Capt. L. then ordered Mr. Pascoe to call two quarter masters to come and take Mr.F. to his cabin. The quarter-masters came up and stood alongside of Mr. F. Capt. L. said to the quarter-masters, "if he does not walk down, you must carry him down." On his getting to the poop ladder I heard Mr. F. say to the quarter-master,

you may let me go, I will walk down." On his getting down on the quarter-deek, be addressed Mr. Pascoe and myself, "You see how I am treated." I do not know what passed afterwards. Mr. F. shook his hand in the captain's face every time he approached him, saying, “damn you, I'll try to get you dismissed from your ship at Bombay."

Cross-examined by Mr. Morley.-After Capt. Larkins had given the junior officers directions not to speak with Mr. F. he might have gone where he pleased in the ship for his amusement. I have seen Mr. F. several times walk on the poop and quarter-deck with his hands behind him, and as often that way as any other. Capt. L. came on the poop to the starboard-side ladder and placed himself with Mr. Pascoe on that side of the poop near the ladder. I did not take much notice of Capt. L.'s tone to Mr. F.; be spoke as he usually does, rather loud. I did not hear Capt. L. make use of any such words as "damn you, obey your orders," and "if you are not strong enough send for another." I continued on the starboard side.

Re-examined.—There was plenty of room for Mr. F. to walk. He certainly raised his hand in a menacing manner to Capt. L.

By the Court-When Mr. F. raised his hand, it had the appearance of immediate personal violence. I cannot say if his fist was clenched. The Captain was standing on the larboard side nearly upright. I was on the starboard side; Mr. Pascoe was on the larboard side by the captain. It was dusk.

Mr. Pascoe again called in and exumined by the Court.-When Mr. F. raised bis hand, it did nor appear as a menace of immediate personal violence from him, but as if done to provoke Capt. L. to strike him.

The testimony of the other witnesses called on the part of the defendant went to prove, that the plaintiff had written a letter to him containing certain offensive expressions, and had uttered words to the same effect; and that it was considered indecorous, and contrary to the custom of the service, for any person to sing or whistle, on the quarter-deck of an Indiaman.

The defendant having closed his case, Mr. Woodhouse replied for the plaintiff, and the hon. the Recorder summed up

the evidence with much perspicuity. He stated that the point upon which English juries were always found to be most jealously alive to redress wrongs, was on the violation of personal liberty. That the court had to discharge the duty of a jury. That the authority of captains of Indiamen is one very important to be preserved, and its only danger in the present feelings of the king's courts must arise from its being found to be habitually abused. That the principal dauger to the discipline of these ships would arise from the seamen discovering that the king's courts were obliged to interfere to punish oppression. That no such habit hitherto existed, and it was the business of the court to prevent such scenes from becoming habitual. That the conduct of the plaintiff was by no means free from censure. That he had written to the defendant a letter evidently calculated to provoke him to fight a duel. That if the defendant was conscious that his conduct had not led to such provocation, he would certainly have been at least warrauted in taking means to relieve himself from a repetition of such illegal insult, even by confinement of the party, if necessary, in order to bring him to the king's court to answer for that outrage. But that was not the defendant's conduct. That even in that case he ought not to have confined the plaintiff more than the neces sity justified. That the authority of the captain of an Indiaman, especially over his passengers, differs essentially from military authority. That in the latter, one principal object is to accustom the minds of the soldiers or sailors in the duties and habits of obedience, and orders may properly be enforced for that sole purpose, but no such ground of authority had existed between these parties. That the defendant had in effect doomed the plaintif to solitary imprisonment, by soliciting his officers to refuse to hold communication with him, even before he had found a pretext for giving the order for that, or the subsequent order for his confinement to his cabin. That he had done so after making inquiries, and having ascertained that the plaintiff had not been in the ha bit of holding improper language concerning the government of the ship. That the only addition which could be made to the real solitary confinement which before existed, was the taking away the possibility of air and exercise, until the actual destruction of health should have forced some relaxation of this severity. That the only pretence for this was the. scene on the poop, immediately preceding the actual imprisonment. That the justification for twenty-six days imprisonment was the plaintiff having humed a tune while the band was playing, That the custom of not allowing singing ou

the quarter-deck was rational and proper in general, as that is the place from which the officers give their orders, and there must be silence of others that their orders may be heard; but this cannot apply to humming a tune while the band was playing. That it was accordingly proved that this was not even any breach of decorum; but it never could be more than a breach of good manners, aud could never warrant such a confinement. That if the humming a tune while the band was playing was an indifferent act in itself, it did not change its nature by the order of the defendant forbidding the plaintiff to do what was otherwise not improper ; that the order was illegal as against a passenger, and that the plaintiff did right to refuse to obey it. That the plaintiff was also right in refusing to obey the order to go to his cabin. But these acts did follow some conduct of the plaintiff, in his looks and manner of approaching the defendant, which had been considered by some of the by-standers, and might have been considered by the defendant, as repetitions of insulting provocation; and if the ground of this action had been acts only done in the heat of irritation, even if under a mistaken cause, and not continued after the evening, it would only have been a case for moderate damages: but the continuation of twenty-six days of solitary confinement was an enormous abuse of anthority. That the previous application of the defendant to his officers not to speak to the plaintiff, the only passenger onboard, and the withdrawing from him the indulgence of the servant who was accustomed to attend him, were strong indications of the feelings and disposition in which this abuse of authority originated, and made it such a case as seemed to call for exemplary damages, to deter others from similar conduct

The court then retired to consider of the verdict, and returned in about half an hour with a verdict for the plaintiff, damages 5,000 rupees.

August 4. General Orders by the right honorable the Governor in Council.

The right honorable the governor in council, is pleased to appoint lieut. J. Place, of his majesty's 65th regt. to be aid-de-camp to brig. gen. Lionel Smith, C. B. from the date of that officer's appointment to the rank of brig. gen.

7. The right hon. the governor in council is pleased to announce to the army the arrival at this presidency, on the 29th ultimo, of maj. gen. Sir Wm. Grant Kier, K. M. T. whose appointment to the staff of this army was published in government gen. orders of the 27th of January last, and of lieut. M'Mahon, of his majesty's 24th light dragoons, who was directed by the right hon. the com

mander in chief in India, on the 26th of February last, to accompany the maj. gen. as his aid-de-camp.

The right hon. the governor in council is pleased to sanction the appointment made by brig. gen. Smith, on the 31st ultimo, of brevet captain Joseph Brown, of the 2d batt. 1st regt. N. I, to the situation of line adj. at Seroor, vice Gibbon, appointed fort adj. at Ahmeduuggur.

The governor in council is pleased to revise that part of the regulations of government of the 24th of April, 1807, which grants au allowance of (100) one hundred rupees per month, from the commencement of a march to its conclusion, to such officers as deliver in a journal agreeably to an established form; and to restrict the payment of that allowance, in future, to those officers only who are enabled to produce a certificate from the quarter master general of the army, in addition to the one already required," that the survey delivered in "is entirely, or in part, descriptive of

new routes of tracts of country, rela"tive to which there is no information "on the record of his deparement."