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have occurred, both here and in the colder countries of Europe, leave no doubt that the disease may originate, and be propagated, at any season or in any climate. MARch 25.—All the objects, which were contemplated in the formation of the late formidable army in Sirhind, being happily and satisfactorily obtained, the public interests in that quarter are established on an equitable, and more secure and permanent, foundation than heretofore. Runjeit Sing, consulting his individual interest, and the general welfare of his people, has wisely preferred peace and friendship with the British government, to an hostility, as just in its end, as it must have proved irresistible in its means. A few days after the adjustment of all the lately-subsisting differences with Runjeit Sing, the pleasing intelligence of the destruction of the French armies in Spain, of the capture of Junot, the liberation of Portugal, &c. were received in the British camp, on the banks of the Sutledge. A royal salute, as might naturally be expected, was fired on the receipt of such joyful news. As soon as the cause of the salute was made known to Runjeit Sing, he ordered a salute to be fired from all the guns in his camp, in testimony of his participation in the sentiments of joy, on the defeat of the enemy of the English nation. Whether the Seiks were fully aware of the high importance of the events, which were thus commemorated;— whether they meant their salute as any thing more than a mere matter of compliment to the English, may be doubted ; but still it is pleasing to observe, a native chieftain at the head of his vassals, uniting with a British army, in the centre of Asia, in their salutations on the defeat of Buonaparte. Under either decision of the question it is almost equally satisfactory:—if it arose from a just estimate of the important consequences of the defeat of French ambition, it shews more political sagacity and information than they were supposed to possess ; if it had no other foundation than a motive of mere compliment. it is one
that is gratifying in itself, and displays a courteous respect to their British allies. CALcutt A, March 26.-At the date of the latest advices from the Upper Provinces, the armies there continued still in the same position, and the definitive arrangement of our differences with the Seiks remained in suspense. Runjeit Sing's army, in considerable force, was posted on the Sutledge, opposite to Ludehaunah. Letters of the 10th current, however, still continue to express the most confident expectations, of such an adjustment being immediately concluded, as would permit the army to break up about the 16th. The position, occupied by general St. Leger's army ever since the I 1th ult. is about 18 miles to the south east of Ludehaunah, where colonel Ochterlony's brigade is posted. The force under colonel Ochterlony's command, is composed of the 4th regiment of Native cavalry, the 1st battalion of the 10th, 1st battalion of the 23d, and 1st battalion of the 27th Native infantry. And the grand army, under general St. Leger, consists of his majesty's 24th light dragoons, and 17th regiment of foot; the 0th and Sth regiments of Native cavalry; the 2d and 3d light infantry battalions; and' a strong detachment," both of heavy and light artillery.
Extract of a letter from major-general St. Leger's army, 7th March, 1809.
You have no doubt heard of the awkward dispute beween the sepoys of Mr. Metcalfe's escort and the Seiks; but, as you may not perhaps have heard correct particulars, I will give them to you.-You must know that Imrutsir (the place where our envoy and Runjeit Sing at present are,) is considered by the Seiks as most holy; their prophet Nanock Shah being there buried,—and that they hold all Mussulmans in the utmost abhorrence. Mr. Metcalfe's guard consists of two companies of infantry under captain Popham : and, the Mussulmans of the detachment were, according to annual custom, celebrating the Mohurrum. The Seik fanatics could not brook this, and resolved to put them all to death. Luckily, however, captain Popham and Mr. Metcalfe had intelligence of their intention. At this time, they were at some distance from Runjeit Sing's camp, and the sepoys were drawn up on parade; when, all of a sudden, the gates of the town were thrown open, and out came about 4 or 500 armed men, with drums beating and colours flying, and took post behind a small bank a jittle in front of the sepoys, whence they commenced an irregular fire. Popham did not stir until one of his men and lieutenant Ferguson were wounded, he then ordered his party to advance, and, on getting near, to fire a volley and charge, —which they did, and pursued the Seiks to the ditch' of the town; when Runjeit himself came down and behaved very well, took our party away, and sent a force to protect them. They say, that he is totally blameless in the business, and behaved most handsomely. Our loss was 17 wounded, and that of the Seiks 5 killed and 25 wounded.
BEN GA 1.
Occurrences for April.
Calcutt A, April 1.—The honourable Mr. Elphinstone and his suite arrived at Paishawar, on the 25th of February. The intelligence of this event has been received through the medium of private letters, which reached town on Tuesday last. They are dated on the 4th ult. and were transmitted by the route of Lahore. At the date of these accounts, it was expected, that the king would give audience to the embassy, in a day or two. Some time had been occupied, in arranging the ceremonials of their introduction; but every thing had been adjusted, and was likely to proceed in the most satisfactory manner.
The march of the embassy from Cala baugh to Paishawar, had been most delightful. The country, through which they passed, was extremely
beautiful; and the Indus, in that part of its course, is described as a deep, clear stream, flowing between two ridges of rocks, through a channel sittle more than 300 yards in breadth. Its banks produce alum and salt in extraordinary abundance. It was at Cala baugh that the party first entered the tract of country, which is inhabited by the real Afghans. In their journey from thence to Paishawar, they passed through a great number and variety of tribe. Throughout the whole length of their tedious journey, they had every where been received with the same uniform respect and attention. And at the date of these accounts, all the gentlemen of the mission were in the best health and spirits. A part of the Shah's army had proceeded to Cashmeer, where they were employed in reducing the rebellious Soubahdar of that province. Considerable difficulty had been experienced, in the attempt to establish a regular dawk, between the embassy and the company's provinces; and, in spite of every precaution, several packets had actually been lost.—This circumstance sufficiently accounts for the irregularity lately experienced in the correspondence from that quarter.— The following extract is taken from a letter written 13 days previous to the arrival of the party at Paishawar. It still, however, bears a more recent date, than any account previously received; and details various circumstances, which may be interesting to the reader.
Camp at the village of Cogulu'ala, lost bank of the Koorm, about two miles from the Indus, 12th February, 1809,
From Poharpore we marched to the village of Pooneealee, which is situated in the mouth of a valley, leading through some low hills towards Eesakhel and Qurrah Baugh. Our march to Pooneealee was mostly over a high and dry sandy plain, which forms an acute angle with the base of the hills. The village, itself is a pretty looking
place, embosomed in a grove of datetrees, and situated at the extremity of that ridge, which constitutes the southeastern boundary of the valley. A very fine and clear stream runs past it, from which the inhabitants (who are Shekhs and Balloches) irrigate their fields of rice and other grain. Several of our party climbed the steep eminence, which forms the south-western promontory of the ridge, and, from it summits, had a most extensive view of all that immense plain, through which the Indus flows, and which is bounded to the west by a prodigious range of hills, forming the natural and aimost impenetrable barrier of Hindostan. The most prominent of the whole was Solomon's throne, – so called from a traditionary report, which is prevalent here, that Solomon once sat on its pinnacle, and viewed from thence all the countries east of the Indus. It is more particularly remarkable, however, as the place on which, according to the belief generally entertained here, Noah's Ark, rested after the deluge. Our march of to-day is the first that has been attended with the smallest peril; and we have fortunately got over it, without seeing a single fierce countenance. Our road has been through a rugged valley, between 4 and 4% miles in breadth, over ground, frequently intersected by the broad and sandy bed of the torrents, which flow through it during the rainy season. With the exception of a few miserable trees and hrubs, and some thin, coarse grass, nothing verdant was to be seen for the space of 4 or 5 miles. On the road from Pooneealee, we passed several krawls of wandering Afghans, of the tribe of Moorwar, who live at present in this valley, in consequence of the dearth of water and rigour of the season in their native hills. They inhabit the most wretched hovels, constructed with a few branches of the pagh bush, arranged in a circle, with grass thrown over them as a slight defence against the wind. A very few had a black or brown blanket, stretched over their fence. The men were tall, well-made, and healthy; and some of the women
handsome, but in general too coarse in their figure and feature. The com. plexions of the men were by no means so fair as I should have expected,— few being even so much so as the fairer portion of the natives of Bengal; but they were characterized by brownish beards, brown and grey eyes, and frequently light brown eye-brows. They were dressed in very loose trowsers, and upper garments like other Mussulmans,—with a small piece of linen cloh wrapped round their heads, its which they universally preserve their hair. These people generally subsist on the milk a d produce of their camels. They purchase whatever grain they use. We have to-day been obliged to carry with us our supply of water for the ensuing night, as none is procurable near our present encamping ground. We march to-morrow to Eesakhel, where we procure every thing necessary, and thence we make three marches, I believe, to Qurrah Baugh, where we shall probably halt two or three days. Qurrah Baugh and Eesakhel are both situated on the banks of the Indus, which are generally poor in point of scenery. The former place, however, I believe, is a part of the Indus, where the hills run down to its edge; and it is otherwise interesting from having some alum-works, salt hills, &c. &c. in its neighbourhood. This was to have gone yesterday, but in consequence of the unsettled state of this part of the country, from bands of thieves, and the predatory disposition of its inhabitants, no dawk was dispatched. To day, we made a long march of twenty-one miles, through a valley, at the extremity of which we found the river Koorm, on the left bank of which we are at present encamped. The bed is about three furlongs wide, from bank to bank; but the water is at present shallow and muddy, and the stream divided. At this place, or a little below, it enters the Indus, from the bank of which we are at present about two miles distant The hills now approach upon all sides; but they are by no means picturesque or beautiful. In appearance, they are in general rugged and craggy; but some are composed only of sand hardened into a mass, which crumbles under the foot, and is washed into ravines by the rains. They are destitute of trees and verdure, and have no attraction, except their novelty, height, and barbarous, inhospitable ruggedness. We now are in the district of that tribe of Afghans, called the Eesakhel. Our three succeeding marches will be along the banks of the Indus, to Qurrah Baugh. For the first time, since leaving Delhi, we have had to day a slight visit from robbers on the road, who plundered two or three of the party, who were loitering in the rear. One of the gentlemen lost part of his clothes, and a bullock; but no person was hurt. The day was exceedingly hot, and the march very fatiguing.
We hear there are 350 horse, and 150 foot, of the king's army, waiting for us at Qurrah Baugh. The man, who had been dispatched as our avant courier, returned to day, and brings, I believe, good accounts of the preparations for our reception.
APRIL 2.-By letters received direct from general St. Leger's camp, at Lanchanna, dated the 17th ult. we are informed, that all matters with the Seiks were then amicably and finally settled. The two forts on the left bank of the Sutledge, namely, Keire and Peride Khote, which were demanded from Runjeit Sing, were given up, and are now possessed by British troops. In consequence of this pacific arrangement, the corps of the army were, at the date of these leters, preparing to fall back to their respective cantonments. Colonel Ochterlony, with a well-appointed force, amounting to about 8000 men, will remain encamped in Ludehanna.
The country in which Keire and Feride Khote are situated, is a barren, sandy, waste, without vegetation. Colonel Ochterlony's position is about five miles distant from the ghaut of the Sutledge.
Head-quarters were expected to be
removed from Kernaul to Merut, about the end of March.
supre ME cou RT, AFRIL 6. Itamanund Ghose, versus Gopey Mohun Tackoor.
This arose out of a bill, filed on the equity side of the supreme court, to redeem an estate, mortgaged by the complainant to the defendant, and seized under a writ of fieri facias, on a judgment entered on a bond and warrant of attorney, given as a collateral security to the mortgagee.
Gopey Mohun Tackoor, the defendant, a Hindoo of great wealth, had advanced, as it appeared, to the complainant, who is a Talookdar, the sum of eleven thousand rupees, which being insufficient for his purpose, he proposed to borrow a much larger amount, to which Gopey Mohun agreed. A deed was accordingly drawn up, and executed by the complainant and defendant, by which Gopey Mohun undertook to advance to the complainant money to the extent of 65,000 rupees, for which sum, at the time of signing the agreement, he took a mortgage on certain Talooks, the property of the complainant, fully sufficient to cover the amount of 65,000 rupees, which he had engaged to advance on loan, taking at the same time the complainant's bond and warrant of attorney for the amount, in the usual manner, as if it had been paid. Soon afterwards the difficulties of the complainant increased ; a part of his lands were seized by government, and sold on account of arrears of rent. Gopey Mohun, at the same time, seized the remaining lands, which were mortgaged to him ; aid, by virtue of the judgment entered upon the bond and warrant of attorney, took the lands in execution, and proceeded to bring them to a sale by the sheriff, although it appeared that he had not paid one rupee, on account of the complainant, since the signing of the deed, by which he engaged to lend him 65,000 rupees; the sum of 11,000 rupees, the whole amount that he had advanced, having been paid previously to the execution of that instrument.
This case, which, after a hearing of three days, was decided in court on Thursday last, appears to be of considerable importance, as affecting any supposed right of a mortgagee to sell the mortgaged estate absolutely, under such an execution, and was argued at great length, and with great ability, by the counsel on both sides. The counsel for the complainant ably contended : first, on the merits of the case, that sufficient appeared, from the admissions and proofs, to induce the coort to comply with the prayer of the bill. They urg, d the smallness of the surn advanced, in comparison with to e real value of the premises, the roy of taking out execution ago 'he operty, purchase of the estavo by to mottgagee himself, with a woo of other topics of unconscies...o antage, exercised by an epui o mortgagee over the necessitous o os of an indigent mortgagor. But, oùonitting the court to be of opinion that no such advantage had been taken, it was contended, on the law of the case, that the mortgagor, having an equity of redemption in the estate, such equitable interest could not be taken in execution under a fieri facias; and a variety of authorities were cited in support of this doctrine. The counsel for the defendant contended, on the other hand, that as a lapse of seven years had taken place since the execution, it was highly unreasonable for the complainant to come forward, after so long an acquiescence in the defendant's right, to obtain a reconveyance; that, so far from their client deserving the imputation of having acted unreasonably, they insisted that the complainant had practised great fraud and duplicity in the transaction; that, independent of the deed of nortgage, he had subsequently executed a khutcoulah, an instrument by which he had assigned all right, interest, or title to the premises, which ought to be a bar to his present application, amounting to a release of his equity of redemption. As to the law, they admitted that, in England, an equity of redemption could not be
taken in execution; and, with great ingenuity, endeavoured to draw a distinction, arising from the provisions of the charter of the supreme court, which renders many things liable in this country to be taken in execution, which could not be taken in England; that the sheriff might be commanded to take, inter alia, houses, lands, debts, and effects;—and the term effects was sufficiently comprehensive to embrace such an interest as the present; that the charter, being made in favour of creditors, ought to receive a liberal construction, as it appears to render every species of property, that a man can possess, responsible for his debts. The court did not think the lapse of five years, which was all the time that had elapsed from the execution to the filing of the bill, was suffi
cient to bar the application of the com
plainant, and thought the bond given as a collateral security to the Mortgagee, ought not to have been used for the purpose of destroying it; that the Mortgagee himself purchasing under the execution, was not to be encouraged in a court of equity, as such a proceeding had the effect of making a man his own chancellor, selling the estate himself, purchasing it himself, and thereby defeating one of the most salutary jurisdictions of a court of equity. Besides, in theinconsistency of the sheriff's seizing land, which in law belonged to the plaintiff, in an excution against the defendant, when the Khutcoulah was executed the complainant had no estate to convey; and as to the meaning of the word effects, they must imply something of a corporeal nature which the sheriff could seize. The court were unanimously of opinion that the Complainant ought to be let in to redeem.
APRIL 8.—On Monday last the Danish brig, Freya, and her cargo, prize to his Majesty's ship Modeste, captain the honourable George Elliot, captured in the river Hoogley, on the receipt of intelligence of hostilities between Great Britain and Denmark, were condemned in the court of vice admi