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worthy of the proceedings that are honoured with his approbation, and may by and by be adopted by his friends in theory; they have already carried them into practice. I can, however, assure him that it will be a mournful day to the British interests when the Mahomedan influence shall cease to On his political arguments I have only one observation. If a legitimate power enters into engagements with an usurper, the legality of the one will thus be acknowledged by the other, as both must treat upon the footing of equality; and if at any time should be urged that those engagements had been violated, Zeno will surely allow that the party accused should be heard before he were condemned, and that the accuser ought not to be the judge to try the cause, the jury to pronounce the verdict, and the only one to be benefited by the fine to be exacted in consequence; and if he allows tius, which the law of nations and the municipal Laws of every civilized state hold to be just and indispensably requisite, he will allow almost all that I am contending for. The nabob of Arcot was not an usurper, although Zeno does not appear to be acquainted with that fact. He was our friend! shared in our adversity, and on the hostile field fought and bled with us, and when prosperity beamed upon our arms, he gloried in our successes, which was all the share that was permitted to him in their result. He was our most ancient and, as I will at a proper time demonstrate, our most faith-elegant, but it is the language of truth, and that is ful ally; and he subsidized our troops, the only military force in his country. Yet the E. I. Comp. who preferred no charge in the life time of his highness, condemned him after his decease, and seized upon his dominans, which they pretended had become forfeited is crimes!!! I shall not discuss with Zeno the conduct of the E. I. comp. towards the native princes; he will soon enough perceive the fallacy of all his assertions, and that the information upon which he has taken up his pen has been an imposition upon his understanding. -For the sake of humanity, and for other considerations equally interesting, I sincerely wish that I could accede to the friendly sentiments which, as Zeno says the E. I. comp. have always manifested towards the nabobs of Arcot. With more consistency, and certainly with more justice than attaches to his questions and answers, I might go on thus: Did not the E. I. comp. frequently violate their treaty with these nabobs, who patiently bore the injury, soliciting only as a favour, that redress which they were warranted to demand as a right? Yes. Did they not often trespass upon the rights of these nabobs, and in some instances actually subvert their authority and establish their own in its stead, in the teeth of an existing treaty? I answer, yes; and I defy the E. I. Comp. to contradict me. I have not taken up the subject without the deepest impression of its importance, nor shall I at any time treat it with that levity with which others may have trampled upon all laws, and spurned every principle of justice. Appearing as I do before the august tribunal of a generous public, I feel all that awful respect which the situation naturally inspires, and I would not intentionally venture even a surmise that liberality might not sanction, and candour approve. I admit that, upon the demise of his highness the nabob Omdut ul Omerah, the comp. offered the empty throne to his son, Tage ul Omerah; and without dwelling upon the absurdity of their making an offer to a sovereign prince of the dignity to which he was indis

putably entitled, I will state the conditions that accompanied this generous and liberal offer that he should give up to them the whole of his territorial possessions, trust to their benevolence for his subsistence, and brand the name of his ancestors with infamy!!! And if Zeno will consult the papers to which he refers me, he will find that Tage ul Omerah actually proposed to relinquish to the comp. those districts that were mentioned in the treaty as security for the subsidy it had provided for, · and that they rejected the proposal with contempt; and he will also find, through the same medium, that every fort in the Carnatic, has for these twenty years, been garrisoned by the troops of the comp. -Zeno asks who I am: I can assure him that I am no hireling; that my circumstances place me above incrcenary pursuits; and that I am sincerely attached to my country, to whose best interest my feeble labours are directed. In point of rank, I class with the humblest of his majesty's subjects; but I soar amongst the proudest in my zeal for my king, whom I love with the fervor that I adore my God. I do not ask who Zeno is: he supposes that his appeal, which is dignified and polished, will be heard, and that mine, which is simple and rude, will be rejected; I know enough of him, then, to be convinced that he has a very great advantage over me, and I do not envy him in the possession of it; I confess that my language is not

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sufficient to my purpose, and if it should be vulgar, in the literary meaning of the word, I hope it will not offend in the common acceptation of it.-I am more obliged to Zeno for his introduction of the letter dated the 30th of Jan. 1773, than those will be for whose advantage he was induced to bring it forward. Upon reflection it will appear to himself very extraordinary that a letter which seems to carry so much weight into the charge of criminal correspondence, which the comp. are so anxious to establish against the nabobs of the Carnatic, should not have been particularly noticed, or even glanced at by the govr gen, of Bengal and the govt of Madras in the proclamations and other declarations, that they have published to evidence the justice and necessity of the measures they have enforced, and the revolution they have effected against the sacred rights of those princes. A late chairman of the court of Directors may be able to furnish him with a complete explanation; it will be my duty to explain it to the public, accompanied with other truths, necessary to the knowledge of the state. The assemblage will form a lasting monument to the honour and fidelity of their highnesses, and of their friendship and affection towards the Brit. nation, and overwhelm their enemies with shame and confusion. I have paid this attention to Zeno; but I shall not again suffer myself to be diverted from more solemn objects: I am armed with proofs that would make a convert even of him, and warm him into an enthusiastic opposition of those principies which he now so ardently maintains. I trust that I shall not have occasion to employ them. ARISTIDES.

Letter VI.-To the Editor of the Morning Chronicle. Sir, In reference to the late revolution in the Carnatic, which if not more unjust in its principle, was certainly more outrageous in its means than any thing that has yet appeared in Switzerland, it is said by those who know, or ought to have known better, that upon the demise of the

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late nabob Umdut ul Omerah, the musnud passed,
from the family, conformably to the firmand of
the emperor of Deli, under which they held it:
that the comp. were the representatives of his im-
perial majesty, and that, as such, were justified in
taking into their own hands the govt of those do-
minions that had thus reverted to him. To refute
such fallacies which have made the desired im-
pression even upon intelligent minds, I have sub-all dependence upon the Decan, and giving him
joined an article of a treaty, executed on the 23d
of Feb. 1768, between the comp. and the nabob
Mahomed Ally, on the one part, and the soubah
of the Decan on the other part, and I imagine that
the evidence it affords will be conclusive.
ARISTIDES.

Gaut, and the countries dependent thereon,
by his royal firmand, bearing date the 26th of
August, 1765, or the 27th of the moon Zuphur,
in oth year of the said emperor's reign: and the
nabob Asaph Jaw Nizam ul Mulk, &c. having -
also out of affection and regard for the said nabob
Wallajaw released him, his son Myen ul Mulk,
&c. and their heirs in succession for ever, from

Art. VII. The exalted and illustrious Shaw Allang, having been pleased, out of his great favour and high esteem for the nabob Walajaw, to give and grant to him and his elbst son, Myen ut Malk Undut ul Om roh, and their heirs FOR EVER, the governmenf ot the Carnatic, Payen

COMMITTEES.

a full discharge of all demands, past, present, and to come, on the said Carnatic, Payen Gaut, by a sunud under his hand and seal, dated the 19th of November, 1765, in consideration of the said nabob Wallajaw having paid the soubah five lacks of rupees, it is now agreed and acknowledged by the sad Asaph Jaw Nizam ul Mulk, that the said nabob Wallajaw, and after him his son Myen ul Mulk, and their heirs in succession, shall enjoy for ever as an ultaingan, or free gilt, the govt of the Carnatic, Pajen Gaut, in the fullest and anplest manner.

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Sir Francis Garing, Bart. M. P.
Sir William Bensley, Bart.

Jacob Bosanquet, Esq.

Sir John Smith Burges, Bart.
Joseph Cotton, Esq.

Sir Lionel Darell, Bart.

William Devaynes, Esq. M. P.
The Hon. Will-am Elphinstone

Charles Grant, Esq. M. P.

John Hunter, Esq.

Sir Hugh Inglis, Bart. M. P.

Paul Le Mesurier, Esq., and Ald.

Sir Stephen Lushington, Eart. M. P.
John Manship, Esq.

ThomasTheoph.Metcalfe, Esq.M.P.

Edward Parry, Esq.

John Roberts, Esq.

George Smith, Esq. M. P.

George Woodford Thellusson, Esq.

Robert Thornton, Esq. M. P.

William Thornton, Esq.

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Sweny Toone, Esq.

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The Chairman and Deputy Chairman are of all Committees.

The following Gentlemen went out by Rotation in April, 1802; viz.

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EAST-INDIA SHIPS FOR THE SEASON 1802-3, WITH THEIR MANAGING OWNERS, COMMANDERS, PRINCIPAL OFFICERS, TIME OF SAILING, &c.

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Hugh Inglis.....

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1200 Sir A. Hamilton....J. Kirkpatrick.
818 R. Webster, Esq....A. Cuming.
830. Woolmore, Esq..A. Murray.
1200 J. P. Larkins, Esq... N. Dance....
1200 J. Dorin, Esq......... A. Hamilton..
1200 R. Anderson, Esq...J. F. Timins..
1218 R. Williams, Esq... E. Balston...
1200 W. Borradaile, Esq. W. W. Farrer..
820 W. Curtis, Esq.......S. Landon.
813 J. Woolmore, E q.... C. Brailord..
608 P. E. Mestaer, Esq. G. Gooch.
1200 M. Agar, Esq. M. Craig.
820 R. Wigram, Esq.....T. Graham.....
820 R. Anderson, Esq...]. Sandilands..
820 M. White, Esq.......W. Fairfax.
819 R. Charnock, Esq...W. Maxwell..
800 (Ditto)......
G. Robertson..
800 H. Callender, Esq...W. Edmeades....
800 R. Charnock, Esq... C. Lennox......
818 Sir W. Leighton.... T. Walladvice..
1200 R. Wigram, Esq....W. S. Clarke...
1200 J. P. Larkins, Esq... T. Larkins..
600 P. E. Mestaer, Esq.1. Price...
80 J. St. Barbe, Esq...r. Hudson.....
8001. Mellish, Esq......W. Gelston..
1200 R. Lewin, jun. Esq. H. Meriton..
1200 R. Williams, Esq... Ramsden....
1200 Sir R. Preston, Bt. R. Torin.
645 J. Duncan, Esq......C. Raitt...
671 H. Callender, Esq...T. G. Murray.
1200 H. Bonham, Esq..... Boulderson.
1200 Sir A. Hume, Bart..J. Horncastle.
1200 H. Boulton, Esq..... Wilson...
1200 W. Dent, Esq...J. Wordsworth..
1150 Sir R. Preston, Br.1. Martin......
550 J. Williams, Esq...J. Dobree..
550 R. Taylor, Esq... J. Carnegie.
farriet................ 550 J. Woolmore, Esq...W. Lynch.......
550 (Ditto)..
T. G. Baylif.
50. Callender, Esq
*Earl Howe............ 876 J. Woolmore, Liq. Burrower..

Charlton...
Wexford...
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Europe.
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JURIDICAL PROCEEDINGS.

KING'S BENCH. BEFORE LORD ELLENBOROUGH.

Parry v. Morris.

sent to the late chancellor of the exchequer in the beginning of the last year:

surgeon in the hospital at Plymouth. He takes
every means of becoming acquainted with the
character and conduct of the officers, and exerts
himself to the utmost to defame them. He tells
the men that they have as good a right to com-
mand as their superiors, and to be all equal, like
their neighbours the French. He often hopes that
Bonaparte will land. He is very cunning. His
name is M'Lealan. Many people know that what
I say is true, but they are afraid to come forward.
I myself find it necessary to conceal my name for
the present. I look upon you as a person faithful
to your king and country, and having imparted
this intelligence to you, I feel easy in the con-
sciousness of having done my duty.
The Rt Hon. W. Pitt,

Walmer Castle."

Plymouth Dock."

Mr. Mawl proved that Mr. M'Lealan was a surgeon in the royal navy. Mr. Reynolds produced the original letter, which had been delivered to him by the lords of the admiralty. Mr. Langstaff stated, that he had often seen the defendant write, and he said he had no doubt whatever that it was his writing. He observed that several of the

"Hon. Sir, The purport of this letter is to warn you that there is in this place a very disaffected person to his king and country. He is very inJune 5.-The plaintiff and defendant arc pot-dustrious in sowing the seeds of sedition. He is a ters, and manufacturers of sugar moulds. This action was brought to recover damages sustained by the plaintiff, by reason of the defendant's having enticed a person of the name of Deal out of the service of the plaintiff, after he had commenced, and before he had finished a piece of work for him, and harbouring that person, by employing him in his, the defendant's service, after notice that he had quitted the plaintiff's service, and left his work unfinished. The law of this case is clearly laid down in 6 Term Rep. 221, | by which it is stated, "that an action will lie for receiving, or continuing in employment, the servant of another, after notice that he is that servant: that a person who contracts with another to do any piece of work for him, is the servant of that other, until that work is finished, and therefore no one else has a right to employ him until such work is finished." The circumstances of this case were these: Deal, the labourer, had worked for the plaintiff several years. In July last he had a piece of work on hand, and left his master, when there were about eight days labour remaining to finish it. He went to the defendant, who hired him. The plaintiff sent to the defend-words were mis-spelt, and particularly that warn ant a letter, saying, "I beg leave to acquaint you, that W. Deal, whom you have in your employment as a potter, is engaged at my manufactory to work, which work he has left unfinished; and I trust, after this notice, that you, as a tradesman, will not detain or harbour him; if you do, I shall be under the necessity of commencing an action against you. Isaac Parry."-The defendant | told the bearer of the letter, that he, the defendant, had had nothing to do in the law a great while; that he should like to have a touch at it; that if Deal owed Mr. Parry any money, he would pay it." The messenger said, "it was not the money that the plaintiff wanted, but the labour of the man who had left his service." The defendant replied, "You may tell Mr. Parry that I have as many bricks to give to the lawyers as he has moulds." He kept Deal in his employment; the work of Deal at the plaintiff's factory was left un-ceived it: finished. Lord Ellenborough observed there was not evidence of the defendant's enticing the workman from his master, but there was enough of the harbouring after notice, and that was sufficient to support this action. Verdict for plaintiff 51. 5s. being the value of the labour required to finish the work.

LIPEL.

M'Lealan v. Field.

was wrote worn; but he knew that Mr. F. spelt very ill, and that he often wrote an o for an a. Mr. Ellis, a tailor, Mr. W. Ko, a tenant of Mr. Field's, and Mrs. Kitto, hiife, all deposed that they had often seen the defendant write, and firmly believed the letter to be his hand-writing. Mrs. K. said, that on Friday was eight days Mr. Field came to the house, and asked if her husband was going up to London to give evidence for M'Lealan. He assured her that she had better prevent him, as M'Lealan's witnesses would not get back. He himself was innocent, and he would have all of them convicted of perjury. He earnestly requested her not to let out of her hands any of the receipts he had given her husband for rent. Mr. Pitt should here have been called, but the following indorsement on the letter was admitted as sufficient evidence of his having re

"I perfectly remember a short time after my quitting office, of having received, among my post letters at Park Place, a letter to the purport of the above. I thought it of consequence that it should be immediately communicated to the lords commissioners of the admiralty, and I sent that day, or the day after, to Mr. Nepean.

"W. PITT."

Mr. Erskine allowed the malignity of the libel, but contended that Mr. Field had never wrote it.

defendant, when he could have had no possible motive for so base an action.

June 10.-Mr. Garrow stated the parties to be inhabitants of Plymouth; the plaintiff a surgeon in He undertook to produce witnesses to conthe hospital, and the defendant a gent. who had tradict those that had been called in the most retired with a large fortune from the naval service. positive manner, and if a doubt could possibly reThe action was brought to recover a compensa-main, he was sure the jury would incline to the tion for the most severe injury of which a subject could complain. Mr. M'Lealan had been denounced as a traitor. He accused the defendant of being the author of this malignant libel; the defendant had denied the charge, but by the evidence to be produced it would be clearly brought home to him. The following anonymous letter had been

James Wall said he was a lieut. in the navy. He was sure that the letter was not the defendant's writing. He had not seen him, however, since 1782, till Friday last. Mary Sharpe (wife of the patent razor-maker, Ludgate-hill) declared that it

bad not the slightest resemblance to the defend: nt's
hand. She had received orders from him, and
would not have acted upon this. W. Field, the
defendant's son, said he was a lieut. in the navy:
be allowed that the letter was like his father's
land; still it did not follow that it was is, as one
day lately, at his agent's, he had seen a letter with
the superscription so like his, that he was going
to open it as coming from his father, though it had
ad fferent signature. From what he knew of his
father, and had heard him say, he did not believe
the letter had been wrote by him. The inside
was very like his, and, if he had seen it lying on
the table, he should have taken it for his. There
Had been some differences between M'Lealan and
his father about the management of the poor-
house.-Lord Ellenborough observed, that if the
plaintiff had been guilty of the practices impated
to him, no man could be more heinously crimi-
nal. He was charged with having abused the
frust confided in him to poison the minds of the July 2-This was a special case, reserved for
scame, and, at a time of great anxiety and dan- the opinion of the court. The plaintiff was 2nd
ger, of having leagued with the enemies of his capt. of the ship Reliance, appointed on the se'.
country. The letter was a 1 bel of enormous ma- vice for Botany Bay. The first officer of the skip
ignity, and the grand question for the jury to try was capt. Hunter. The plaintiff was 2nd in com-
was, whether the defendant was the writer of it? mand, and he was appointed to this office of 2nd
The jury certainly ought to be more than usually capt. or 2nd in command, by the lords of the ad-
scrupulous in considering evidence of this kind.miralty. Whde this ship was at Plymouth, the
In general, witnesses were produced who swore Dutch fleet there was detained by order of govt.
that they had seen the act committed, and the and was afterwards condemned as prize, upon the
proof here rested solely on the similarity of hand-breaking out of hostilities between this country
writing. However, there was no doubt that this and Holland; and this ship, being part of admiral
might be suficient both in law and in reason. The King's fleet which was at Plymouth when the
jury would therefore say, whether, upon the Dutch fleet was detained, the ship's officers, &c.
whole evidence, tharge had been established. became entitled to their share of prize-money in
His Hp observed, that, if the jury were of that the proportion stated by his majesty's proclama-
opinion, the only remaining quest on was the tion; but it was contended that this plaintiff, capi.
amount of the damages. The property of the Waterhouse, being 2nd in command to another of-
plaintiff had been proved to be great, and, whether ficer, who was the capt. he could not be held to
it was or not, they were chiefly to consider the be a capt. of that ship, inasmuch as that the lords of
magnitude of the injury the plaintiff had sustained. the admiralty had no power to make this appoint-
He was at any rate chilled to an adequate com- ment of 2nd capt. without submitting it expressiv
pensation. He enjoyed a respectable situation as to the approbation of his majesty in council; and
surgeon to the hospital, from which he would have that fer want of that submission and approbation,
been ignominiously dismissed, had the 1 bel pro- thus appointment was void. Capt. Waterhouse
duced the desired effect. The object of the writer brought his action for the recovery of this prize-
evidently was to consign him to poverty and in-money, which was tried at Westminster, when a
famy. If a man had actually betrayed his country verdict was found for the plaintiff, subject to the
at its utmost peril, what fate could have been too opinion of the court upon this case, upon the con-
severe for? Had this communication been well-struction of all the orders in council, proclam
founded, though anonymous, it would have beentions, &c. made in this behalf from the year 1750
Jandable; but the writer should have been so sure
of the truth of what he asserted as to be able, when
called upon, to establish it to the satisfaction of a
jury. He might have reasons to jusufy him for
withdrawing from public nouce for a time; but he
should at all times have been ready to shew that
he had proceeded with caution; that his motives
were pure, and that his only obiect was the public
good. Verdict for plaintifl-damages £.500.

[ginal, and the whole arrangement of the defendant's
book was different from that of the plaintiff; in-
deed, they were both taken from the book of
Patterson's roads. Lord Ellenborough was of opi-
nion, that upon this issue the plaintiff had not
made out his case, for that there was no evidence
that the defendant's book was a piratical publica-
tion, or copy of the plaintiff's book; and this, his
Idp said, he was prepared to submit as his opinion
to the jury. The plaintiff's counsel observed,
that the main object of the action was, to protect
Mr. Carey in his exclusive right of publication of
his own book; and as this was deemed not to be a
copy of it, that right remained entire, the plain-
tiff's anxiety was at an end. Lord E. said, that,
certainly this cause did not touch the plaintiff's
right to the publication of his book; that right re-
mained in the same situation as it stood in before,
this action was brought. Plaintiff non-suited.
Waterhouse v. King.

Carey v. Kearshy.

June 11. This was an action for copying and pirating the book of the plaintiff called Carey's Itinerary," by a publication of the defendant called "The Traveller's Companion," &c. It appeared in the course of examination of the two publications, that the defendant's book contained Inuch of the matter which before was to be found in no other publication than the plaintiff's book, and therefore was taken from it, but that not a page of it was selected in which the copy was not accompanied by substantive matter that was ori

down to that of 1786, when the Botany Bay settlement had transports sent to it, and on account of which service this appointment, by the lords of the. admiralty, took place. This case was argued, very ably, by Mr. Barton, for the plaintiff, and Mr. Gazely, for the defendant. Mr. B. contended that the plaintiff was appointed by the lords of the admiralty as capt. who were duly empowered by the king for that purpose: that he was capt. the fore in rank, in station, in duty, liable to all the provisions of a court-martial, punished under the authority of martial law, for misconduct, in the character of capt.: that he was so mustered upda the books: that he was, and must be, taken to be capt. de farto, if not de jure: that he was both, bet it would be enough for him to be either, in order to become entitled to his share of prize-money in this case, under his majesty's proclamation, and that therefore he was entitled to the judgment of the court.-Mr. G. contended, that although this plaintiff was on board in the rank of a 2nd capt.

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