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pean vegetables, and some of the European fruits, were to be had in abundance. The Acesines (which name seems to be given in the letters to the united streams of the three rivers, Ravee, Beva, and Chunaub) is one mile, one furlong, and 185 yards in breadth from bank to bank, at the place where the mission was encamped. The breadth of the stream below the ghaut, at that season, did not exceed 350 yards. An European deserter from the company's provinces, named John Pensley, had lately come into the camp, who stated that he had been two or three years in the service of the nawaub Moozuffer Khan, and that there were two others of his cornrades in the same situation, and a third who was kept in confinement at Minkeree, bv Mohammed Khan. They received an allowance of sixty rupees per month, and lived very comfortably with their wives in the fort of Sujabad, about eighteen miles distant from Mooltan. Pensley wore the Hindoostanee dress, and had all the appearance of a native. The gentlemen of the embassy were
carefully cherishing their mustachoes;
the want of that essential appendage of manhood being considered in a very equivocal light among a people purely Asiatic. It is said, that the novel appearance of so formidable a body of strangers had at first excited some little uneasiness among the Afghans. The inhabitants of the villages on their route had removed into the larger towns, and the nawaub of Mooltan (who, it seems, is not in the good graces of his sovereign) conceived an apprehension that they meant to seize his fort, for the behoof of the king of Candabar. These fears, however, were soon dissipated: and though the nawaub took the precaution of doubling his garrison, and shutting up his towns, he conducted himself towards the embassy with great politeness and hospitality. JANUARY 25. – This day a viceadmiralty court was held before the
honourable Sir H. Russell, commissary. Mr. Ferguson appeared on behalf of the crbwn ; and, after briefly recapitulating the principal allegations, prayed for condemnation of the Copenhagen, as a droit of admiralty. Mr. Lewin opened the case in like manner on the part of the captors. Mr. Strettell, the king's advocate, observed, after the detailed expositics which he had given on a former day, it would not be necessary for him to enter minutely into the various recorded cases by which he was supported, in praying for the adjudication of this ship to the King, in virtue of his office of lord high admiral. This was the case of a vessel, avowedly Danish, which had entered a British port voluntarily, in ignorance of the war, which at that time subsisted between Great Britain and Denmark ; and which, on advice of the war, had there been seized. It was difficult to imagine upon what grounds it could be contended that she was any other than a droit of admiralty. The only question that could come into debate was, whether the rights of the admiral were divested, by the circumstance of the capture having been made by a commissioned ship. The Copenhagen had come into port, not knowing of the war. She was, therefore, precisely in that situation in which, by the positive provisions of the order, the rights of the admiral were received. The phrase indeed of the order was “ships coming into port, not knowing of the war;” but, by the universal consent of lawyers, the word coming. in this clause, was received as synonymous with come. Such was the interpretation affixed to it by the custom of language, and recognized by Sir William Scott, in his judgment in the case of the Rebecca. If the ship came into port voluntarily, it mattered nothing whether she was seized immediately on her entrance, or not until after an interval had elapsed. No objection, therefore, to the claim of the admiral could be founded on the circumstance of a period of time having intervened between the arrival of the Copenhagen and her detention. Nor, indeed, could he imagine any possible objection, which could be started on the part of the captors, unless they were prepared to say, that the order in council was not meant to extend at all to captures made by King's ships. Upon that point, however, the case of the Odin, of which so much had been said on a former day, was in his opinion conclusive. The question in this case, he contended, did not in the smallest degree turn upon the circumstance of the capture having been made by a commissioned or a non-commissioned captor. On the contrary, in the whole cous'se of the argument, not a single observation upon that point had fallen either from the court or from the bar; nor had the name of the governor of St. Helena once been introduced, with a view to his official character, as not holding a commission from the crown. The only subject of debate was, whether the vessel had been taken in port or out of port:—and this when the case was decidedly one of a capture by a commissioned ship. If the rights of the admiral to a prize, taken in harbour, had been divested by the circumstance of the captor's being a commissioned officer, no such discussion could ever have taken place;— the Odin was taken by the King's ship, Trusty, and it could not then have been a matter of any consequence, whether she was taken within or without the port of St. Helena. In like manner, in the case of the Gertruda, detained by a King's ship at the Cape of Good Hope, soon after the surrender of that colony in the last war, Sir William Scott had entered into a very elaborate argument on the question of droit or prize;—yet not a single word had escaped him, as to the capture having been made by a commissioned officer. From the whole, it was to be inferred, that the order in council, of Charles the Second, did not comprehend all the cases to
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which the rights of the admiral extended; but that it was perfectly sufficient, if such rights had been sanctioned by prescription. He had no doubt but that, in the present instance, the court would adjudge the Copenhagen to be a droit. Part of the preparatory examinations having first been read by the King's proctor, Mr. Ferguson followed on the same side of the question. Mr. Smith, on the part of the captors, said, he had no intention whatever of combating the proposition, that an enemy's ship taken in a British port, during the time of hostilities, was a droit of admiralty. His argument was founded on the express words of the order in council. To constitute the admiral's right, that instrument required, that the ship should be taken, within some port, creek, or road of the British dominions. Now, he meant to contend, that, at the time of her capture, the Copenhagen was not within any such port, creek, or road. There was more than one reason why the river Hoogley could not be considered as coming under either of these descriptions. In reference to a Danish ship passing to Serampore, the Hoogley was as a connn)01, water,<-common to the vessels of all nations, who possessed settlements, upon its banks. This ship (the Copenhagen) had entered this common water, on a voyage strictly Danish; she had come consigned to the Danish factory at Serampore; and had held no commercial dealings during her stay, except with that factory. She was lying, by mere accident, at Culpee, at the time of her seizure; but, during the whole antecedent period, there had been no communication whatever between her and Calcutta. What were the precise limits of the port of Calcutta, the court might not perhaps be competent, without evidence, to determine ;-but, if he was not much mistaken, according to the general sense of the word, it terminated at Diamond harbour. The whole le, gth of a river was not necessarily a port, nor did it necessarily come under the admiral's jurisdiction ; and if
road, as distinguished from a haven. A haven was the work of nature; it was simply a place of safe riding for ships; while a port had certain civil appurtenances and works attached to it, as franchise, customs, warehouses, quays, wharfs, crames, &c. A creek was an inlet of salt water into the land, and constituted a sort of subordinate port, where inferior customhouse officers were stationed, subject to the authority of the officers at the principal port :-such, for example, were the small harbours about the entrance of the river Thames. A roadstead, again, was an open place of anchorage, where vessels were in the use of taking in and discharging their cargoes. Now Culpee could not be styled a creek,--as there was no inlet there of the salt water into the land. It manifestly was not a roadstead ; neither, without evidence, could it be called a port. It might, perhaps, properly enough be styled a haven—But that did not bring it within the limits of the admiral's commission. The admiral's business was to keep guard and watch over the C stia regni,the ports of the realm strictly so called. This was the express purpose of his office; and to this his privileges were attached. Beyond the limits of these ports, his watch did not extend; and the presumption was, that by the same limits, the divisions of the prey between him and the king was regulated.
From the definitions of lord Hale,
and from his account of the functions of the lord high admiral, it clearly followed, that an enemy's ship captured, while in the act of sailing up the Thames, by a British cruizer, would
not be a droit of admiralty; neither, upon the same principle, could the Copenhagen be a droit of admiralty. But, whatever may be the limits of the
ort of Calcutta, (continued Mr. id: there is another consideration,
which, I conceive, sarily preclude the court from pronouncing any place of anchorage in the river Hoogley, a port of the Britis' dominions. There are obvious reasons why I should not think of setting up the argument, that this country belongs to the Great Moghul, Unquestionably, usucapio is a sufficient foundation for sovereignty; and by virtue of that right we now hold our territories in India. But although the real dominion has thus passed to us, it has all along been our policy, Cautiously to uphold the name and semblance of the native governments, as an useful instrument in our transactions with European powers ; and whatever territories have come into our possession, we have received them with a perfect recognition of all rights and privileges, which the courtesy of their former sovereigns may have granted to foreign nations. Our acquiescence in such privileges has been further secured by particular treaties; and they must always be considered as subsisting until such time as the settlements, to which they are attached, fall to us by war. Now, when the Copenhagen was seized, Serampore had not been taken. At the time of her capture, she was passing through that common water, in the right of navigating which she participated equalif with ourselves. She was on her homeward bound voyage to Copenhagen, a voyage exclusively Danish. It is clear, therefore, that, even if the question as to the extent of the port of Calcutta should be decided against us, the capture cannot be said to have been made in a British port.” Mr. Stretteil, after complimenting his learned friend on the ingenuity of his argument, proceeded in reply. He was ready to admit, that there was a sort of community between the British nation and foreign states, in the right of navigating the rivet Hoogley, so long as peace subsisted. But the part which foreign States held in that right, was founded on a grant from the Native powers. Whereas out right had come to us, together witk
foreign power in a British port could - not possibly affect a question between
the king and his subject. Sir Henry Russell. “ The question here to be determined, relates to the extent of the admiral's right. No doubt, in every case, that right is to be construed strictly ; and the more so, where the exception is so useful and praise-worthy. It cannot however be touched where it has been expressly reserved. In the present case, the ship captured appears to me to be clearly a droit. I do not know whether Culpee be a part of the port of Calcutta or not. But I believe, that a deliverence there is pretty nearly equivalent to a deliverance at Calcutta, and that duties are exacted and paid there as well as at Calcutta. But, even though the captors could prove that Culpee is not a part of the port of Calcutta, that would not be sutficient for their case. They must say, that it is not a port at all. I do not see why Culpee should not be called a port ; and, if it be a port, I am sure it is a British port, for the land on both sides is the king's. If you will not allow it to be a port, it must at least be the fauces of a port, else I know not what the fauces of a port mean. If it be neither of these, I say it is a creek ; for it is an inlet into the land, and the salt water comes up to it; lastly, if not a creek, beyond all question it is a roadstead 3
for it is an anchorage, where ships load and unload. I do not think it necessary here to discuss the question whether the sovereignty exercised over this river by the British governments amounts to an exclusive possession, or whether foreign nations have not a right of way through it to their own settlements. At the time the ship in question was seized, she was not using her right of way,+she was , using Culpee as a lading port. Beyond the letter of the law, in cases of this description, I never will go. But here I am completely tied down by the express terms of the order in council. The Copenhagen came into a British port voluntarily, after hostilities had commenced, and was there seized. I should order an enquiry into the extent of the port of Calcutta, if I thought the circumstances of the case required it. But, I can see no occasion for it whatever. Whether a part of the port of Calcutta or otherwise, Culpee is unquestionably a port. I adjudge, therefore, the Copenhagen to be condemned as a droit of admiralty.” Mr. Smith, on the part of the captors, applied to the court for leave to appeal the case to the highcourt of admiralty, which was ac-, cordingly granted. Fort Will.” AM, January 30– The right honourable the governorgeneral in council has received the satisfactory intelligence, that a detachment of the subsidiary force of Hydrabad, under the command of lieutenant colonel Doveton, consisting of a corps of horse artillery, two. regiments of Native cavalry, and twelve companies of Native infantry, employed in the province of Candeish, in the pursuit of the predatory force, of the chiefs, Mohiput Row Holkar, Wahid Alli Khan, and Daudin Khan, after a forced narch of near one hundred miles, having succeeded in surprising the enemy at the fort of Amuhair, on the morning of the 28th ultimo, effected the complete dispersion of their troops, consisting of between four and five thousand
men, cavalry and infantry, and cap-
BEN GA 1.
Occurrences for February. Calcutta, Feb. 8. — The governorgeneral held a levee on Saturday last, which was fully attentied. Don C. de Latreyta, Spanish commercial agent, had a long conference with lord Minto The friendly intercourse between British lndia, and the Spanish Asiatic settlements, will be immediately opened. Two vessels are now preparing at this port for Luconia. The tidings of the late glorious revolution in Spain will be no where more welcome than at Manilla, and other sett ements on the Philipine islands, where the French , are held in general abhorrence. FF B. 9.—The fortified hill of Regowley, in Bundlecund, was carried by storm on the 22d ultino. The accounts of this pleasing event were received in town on Thursday last. The attack was most judiciously planned, and conducted with equal intrepidity and joidoment; every oft.cer and man acquitted himself like a hero. Although all must deeply lament casualties among the brave; yet the loss attending this success, considering the strength of the enemy, and his means of defence, was much less than could have been expected. Three British officers were wounded, two of them severely ; 28 rank and file killed, and 126 wounded. Lieutenants Jamieson, Frye, and Speck, are the officers wounded. The acquisition of Regowley is of importance in facilitating the operations against Adjyghur, from which it is distant ten miles. While Regowley remained in possession of the enemy, the intercourse between the troops before Adjyghur, and the British post at Soopah, was exposed to interruption. The communication is now clear, and we trust that the fall of Adjyghur will soon afford another proof of the gallantry of our army in Bundlecund. • The following copy of the general orders were issued by lieutenant