were such as might be expected from an officer, of his reputation and experience, in bringing forward his regiment in support of the attack with the most willing zeal.

I feel it a duty I owe, from the report of major Welsh, of the pioneers who accompanied him, to express my entire approbation of their conduct, and that of lieutenant Bertram, who commanded them.

In short, I feel highly satisfied with the whole of the officers, and men, who compose the detachment under my command.

I am in possession of the arsenal, which appears well stored with arms, ammunition, and military stores, with a quantity of valuable ordnance on the works, which has not as yet been ascertained.

I have not been able to ascertain the loss of the enemy, but it must have been considerable.

List of officers composing the detachment for escalade under major Welsh.

H. M. 69th Regt.-Captain Syms, captain Lindsay, captain Cunningham, lieut. Carev, heut. Reid, lieut. Lane, and lieut. Baby.

3d Regt. N. I-Captain Lucas, capt. Pepper, capt. Carfrae, lieut. Walker, lieut. Tagg, lieut. Dawson, lieut. Goble, lieut. Inverarity, lieut. Jeffery, lieut. Rule, lieut. Shepherd, lieut Blake, and lieut. A. Bettrain, pio

neers.

Extract of a letter from the honourable fitutenant colonel St. Leger to the chif secretary of the goverment, daid the 11th February, 1009.

"In the hurry of my dispatch of yesterday, I omitted to state, for the infermation of the honourable the gover. nor in council, the important services I had derived from major Larbton's ability and well-known professional skill; an omission I feel, and the more, as I am fuily sensible of the services he rendered e."

The governor in council considers the execution of the above scrvice to reflect equal honour on the judg

ment, with which it was planned, and on the signal zeal and bravery with which it was carried into effect. The governor in council accordingly conveys to the honourable lieutenant-colonel St. Leger, the expression of his warmest approbation and thanks, and colonel St. Leger is requested to make known to the officers and troops under his command, particularly to major Welsh, who gallantly and ably conducted the party employed in the assault, and to the other officers, mentioned by lieutenant-colonel St. Leger, the sentiments of cordial approbation due to their meritorious conduct.

FEBRUARY 26.-The honourable the governor in council has sincere satisfaction in publishing the following extracts of letters, received from the honourable lieutenant-colonel St. Leger reporting the distinguished and decisive successes obtained by the detachment under his orders, in the prosecution of the present operations in Travancore.

Extraci of a letter from the honourable lieuter ant-colonel St. Leger to the chief secretary of government, dated Camp the 17th of February, 1809.

I have the honour to inform you, that in consequence of its being well ascertained that a large force of the enemy had taken post at the villages of Cour and Nagre Coil, I yesterday me te following arrangements to dislodge and disperse them from those villages, where they had made every endeavour to render themselves capable of withstanding the attack, which tacy naturally expected I should make.

I ordered lieutenant-colonel Macleod, of his majesty's 69th regiment, of whose ability, judgment, and gallantry, I was well aware, to proceed in advance with the flank companies of his Majesty's 69th-the whole of the detachment from the 3d Ceylon regiment under lieutenant-colonel Morrie, three troops of cavalry under major Nuthall, and the flank companies of the 1st and 2d battalions 3d regiment Native infantry, and of the 1st battalion 13th Native regiment, with a company

of pioneers under lieutenant Patterson, accompanied by the detachment of royal artillery, with the six light three-pounders under captain Bates, the galloper of the cavalry, and the brigade of six pounders attached to the 1st battalion 13th regiment, forming, in all, a strong and highly-equipped detachment.

I was prepared to expect every obstacle from the country through which the detachment had to march, as well as from the uncommon strong, and advantageous position, which the enemy had occupied with a battery in front, commanding entirely the entrance, by which our troops must make the attack, rendered, if possible, more strong by a river in front, and a thick impassable country in the rear-ail these advantages, however, were of little service to them-their lines were attacked, at day-light, under a heavy fire from the battery, and from guns, which opened in all directions, and were gallantly carried after a sharp action-the village, which is one of the largest and finest I have seen in India, was completely scoured, and the enemy forced to retreat, in great confusion, protected in a great measure by the strength of country in their rear.

I cannot sufficiently dwell on the judgment displayed by lieutenant-colo nel Macleod in the form of attack, and gallantry of its execution, which must ever reflect on himself the highest credit, and on the detachment under his command.

I cannot as yet forward a correct list of the killed and wounded on our side, but, from what has come to my knowledge, it appears to be considerable in numbers, although small, when the strength of the enemy's position is considered.

I have received no report of the quantity of cannon which fell into our hands, but I counted nine pieces of ordnance myself, and have reason to believe the number to be much greater.

It was evidently the intention of the enemy to make a desperate stand at this place, as the Dewan in person had been present for two days, and only

fled when it was known that we were on the way to attack them-he is said to have retreated to Papanaveram, or Woodagherry.

As the whole of the troops have had severe fatigue, it is my intention to halt here to-morrow, and then proceed in the direction of Papanaveram, and I trust, by so doing, I am endeavouring to accomplish, in a satisfactory manner, the objects which the honourable the governor in council has in view.

The loss of the enemy I cannot attempt to specify our's, I am given to understand, amounts to about fifty killed and wounded, of which, however, by far the greater part are only slightly wounded.

I cannot conclude without again expressing the obligations I feel under to lieutenant-colonel Macleod, and the detachment in advance, and indeed to the whole of the force under my command; and I have to request you will convey these my sentiments to the honourable the governor in council.

I feel myself much pleased with the services of the staff of the detachment; and I must not omit to mention that lieutenant-colonel Macleod has particularly specified the services rendered to him by captain Hodgson.

My present encampment is situated in the midst of the enemy, which is extremely harassing to the troops.

Extract of a letter from lieutenantcolonel St. Leger, to the chief secretary of government, dated Camp the 19th February, 1809.

"I have great pleasure in submitting to you, for the information of the honourable the governor in council, the satisfactory intelligence of the British flags being now flying on both the forts of Woodagherry and Papanaveram, and without a shot being fired.The gates were left open, the troops fled, and cowl flags hoisted in all directions.

"I am taking infinite pains to protect the inhabitants from insult, and the sacred places from being even entered, and by such conciliatory conduct I hope soon to be enabled to convey th

The governor in council repeats to lieutenant-colonel St. Leger, and to the officers and men under his orders, his warmest thanks for the activity, zcal, and bravery, which have signalized their operations.-The governor in council has particular satisfaction in observing the farther proof of military skill and gallantry afforded by that distinguished and valuable officer, lieutenant-colonel Macleod, of his majesty's 69th regiment, in the action of Cotar and Nagre Coil, which has been followed by events of a highly important nature.

Speech of the hon. Sir Benjamin Sullivan, in the supreme court of Judicature at Madras, on Tuesday, Feb. 21, 1809.

The counsel for the crown, in a late prosecution for forgery, having early in the term desired my opinion on some points of law, which these trials have given rise to, I have considered them with attention, and shall now proceed to deliver my sentiments. The first question is this:

:

"Whether the proceedings of the supreme court, sitting as a court of Oyer and Terminer and gaol delivery, are submitted to any revision whatsoever in term or in other words, whether the court of Oyer and Terminer and gaol delivery be not a branch of the supreme court of judicature exercising criminal jurisdiction, and, during the exercise of that jurisdiction vested with all the authority of the supreme court, to the exclusion of all revision whatsoever, except by appeal to his majesty in council

When this question was agitated, it came on too suddenly to justify my giving an opinion from a mere recolJection of the charter. I have since looked into it with care, and find that

all criminal jurisdiction is vested in the supreme court of judicature, and hence it would seem to follow, upon a superficial view, that in exercising the criminal jurisdiction, it is the supreme court which sits, and acts, and administers justice.

It is, however, declared that the su preme court shall proceed to hear, examine, try, and determine offences, and to give judgment thereon, and to award execution thereof, and in all respects to administer justice, in such, or the like manner and form, as nearly as the condition and circumstances of the place and persons will admit of, as the courts of oyer and terminer and gaol delivery do, or may, in that part of Great Britain, called England.

Now, whether this may not be a li mitation of the powers of the supreme court, while acting as a court of oyer and terminer and gaol delivery, seems to me to be a question of some weight and difficulty; for the supreme court is expressly vested with such jurisdiction and authority as the justices of the court of King's Bench have, or may lawfully exercise within that part of Great Bri tain, called England, as far as circumstances will admit.

in

And Coke, Hale, Hawkins, and Blackstone, state, that the King's Bench is, in dignity and authority, so much superior to the courts of oyer and terminer and gaol delivery, that they cannot sit in the same county with it, the presence of this high high court which the king himself is in law supposed to sit, suspends the powers of these inferior and subordinate jurisdictions, insomuch, that it required two acts of parliament, (both passed in the present reign) to enable the courts of oyer and terminer and gaol delivery, for Middlesex, to act during the sitting of the court of King's Bench, at Westminster; and Hawkins tells us, that this court of King's Bench, being the highest court of common law, has not only power to reverse erroneous judgments given by inferior courts, but also to punish all inferior magistrates, and all officers of justice, for all wilful and corrupt abuses of their authority, against the known, obvious, and common prin

ciple of natural justice. (B. 2. chap. 3, 8, 10, 11.)

Now the supreme court of judicature being vested by the charter, in its general jurisdiction, with all the power and authority of the court of King's Bench, and yet bound to conform in the administration of criminal justice to the form and mode of proceeding observed in the courts of oyer and terminer and gaol delivery in Englandit would seem that the powers of the supreme court, acting as a criminal court, at a sessions of oyer and terminer held in vacation, as is always the case with us, have no further extension, than the courts of oyer and terminer and gaol delivery have in England. How is it then in England when a Judge of the King's Bench presides in courts of oyer and terminer and gaol delivery in Middlesex?

In the case of the King against Morris, (2 Burr. 1189) where the defendant was found guilty of perjury, Lord Mansfield made his report to the court of King's Bench, the superior court of which he was himself the chief justice, to have the benefit of their opinion on a point of law. It is the same in civil cases; in Bright and Eynon, (1 Burr. 390) Lord Mansfield stated to the court of King's Bench the circumstance of the case with his own opinion, and concluded by saying, "these are my sentiments; my brothers will judge whether I am right or not." The court of King's Bench, as we learn from Coke in Lord Sanchar's case, (A 9 C118) is the highest court of ordinary justice in criminal causes within the realm, and paramount to the authority of justices of gaol delivery, and commissioners of oyer and terminer, and, as it is held in 27 Ass: 1. more than the eyre, for they shall examine the errors of the justices in eyre, gaol delivery, and oyer and terniiner-and in another part of the same case, he tells us, that in term-time no commission of oyer and terminer, or gaol delivery, can sit in the same county where the King's Bench sits, for in presentia majoris cessat potestas minoris, and I think we have something like a recognition of this in the adjournment of the late sessions of

oyer and terminer to the 23d of the month, when the term will be over.

Nothing, I think, passed by the King's grant beyond what is expressly mentioned, and if no greater power passes by the charter in criminal matters to the supreme court, acting as a court of oyer and terminer, than is exercised by that description of courts in England, there seems to be an undoubted limitation to the judicial authority of the supreme court, sitting as a court of oyer and terminer and gaol delivery, and hence I am forced to conclude, that the supreme court of judicature, sitting in vacation, as a court of oyer and terminer and gaol delivery, is inferior and subordinate to itself in its general jurisdiction, whilst sitting, in term, as a court of King's Bench-and it seems to me reasonable that it should be so.The business of the court of oyer and terminer and gaol delivery is limited in duration, often hurried, and the judge obliged either to give an opinion on a sudden, or to reserve the point, to be argued and determined in term, which affords more time for deliberation; and upon the whole, I am of opinion that as far as the courts of oyer and terminer and gaol delivery in England are subject to the revision of the court of King's Bench, so far as the court of oyer and terminer and gaol delivery here is subject to the revision of the supreme court, sitting in term, as a court of King's Bench.

One thing more, and I have done with the question. The charter grants a power to allow, or to deny, appeal to his majesty in criminal cases; but criminal cases are to be tried before the court of oyer and terminer and gaol delivery.-Now is the power to allow or deny these appeals lodged with the court of oyer and terminer and gaol delivery ?-I think it is not-that authority being expressly vested in the supreme court of judicature. The clause, concerning appeals in criminal cases, runs in these terms:-" And it is our further will and pleasure that in all indictments, informations, and criminal suits, and causes whatsoever, the supreme court of judicature at Madras shall have the full and absolute power