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dent in Spain, believes that the mail might be taken at present, with his enemy and defeating his own. If the public laughed
before, they will laugh more than ever now. Only think of am informed further that a Royal ordinance has been granted to the a man entering into a controversy with Punch--we should enterprising English engiocer, Mr. Mackepzie, to lay down a rail
as soon think of having a bout at quarter-staff with his road from here to Saragossa, which, without doubt, in time will be carried out to the north coast. This would wonderfully facilitate for amusing namesake in the street. A battle with Punch! the future the rapidity of the route through Spain. The sometimes unsettled state of the country could not, I have been led to believe,
But since so extraordinary an event has taken place, the affeet this route, as foreign carriers are always respected and curious will ask what has brought it about? Simply this.. sasisted on.
Mr. BUCKINGHAM having devised sundry projects for bis
own benefit, which lived their little day and then vanished THE PROFLIGACY OF "PUNCH.”
into thin air, and having moreover arrived at that period of Who that reads at all does not regale himself, week by
life when, as he
says, competency and repose” might be. week, with a series of cachinnatory explosions produced by expected, and when they certainly are very agreeable, deterthe mirth-moving pages of Punch? Who is there that does
mined to spend his remaining strength in giving existence to not look anxiously for the appearance of each number as soon
a plan by which such “competency and repose” might be as due, and who does not feel disappointed if any accident
secured. He accordingly issued the prospectus of a mondelays its arrival? But all this is to come to an end.
grel sort of club, to be called the British and Foreign InstiPunch is immoral, and we must not read him. We had
tute, one chief object of which was avowed by the friends of been accustomed to admire the happy tact with which, in the projector to be that of “providing a home” for him. his wildest excursions into the regions of the grotesque, he
self. Now it is very natural for a man to wish to get into kept within the bounds of propriety; but we are now
comfortable quarters for life, but all the world cannot be enlightened. A gentleman who, like the object of his expected to take the same interest in the matter with bim-, attack, has made some noise in the world, declares Punch
self, and when the attempt to accomplish the object is made, a slanderer, and we suppose we have no choice but to give under false pretences of promoting literature and science,
rendering honour to learned foreigners, obtaining the pleae To speak plainly, Mr. James Silk BUCKINGHAM (who
sure of female society, and so forth, honest and straight-, has not heard of him.), on the 15th of November last, forward men become disgusted, and are apt to give expres-, issued an “ Appeal against the slanders of Punch," which
sion to their disgust. The British and Foreign Institute he transmitted to the “conductors,” not of the metropolitan
was got up for nothing else but to get a roof permanently omnibuses, to whose taste it was well adapted, but "of the
over the head of Mr. BUCKINGHAM, to put meat upon his public press of Great Britain.” The “conductors” having table, and clothes upon his person. It was, therefore, fair nothing to do with the quarrels of Mr. BUCKINGHAM, and
game ; and Punch, in the exercise of his vocation, took it up. the Appeal” not being accompanied by the usual price of The charge against the merry satirist is, that he has called an advertisement of its length, the speculative gentleman
the Institute the “Destitute," and, in reference to the reputed by whom it was made took nothing by his motion. Where
habits of the bird, the “Cuckoo's Nest,” and such like. But upon, burning with indignation against the beforementioned would all this have done any harm to a sound and properlye "conductors” for their heartless inattention to his wishes, the conducted establishment ? Would it be possible for injured man,on Tuesday, December the 2nd, exactly seventeen
Punch to laugh out of existence the United Service, days after the date of his first appeal, put forth a second, im- Senior, or Junior, the University, the Oxford and Camploring the attention of a wider circle, being entitled “An bridge, or the Travellers'? Not to go out of Mr. Address to the British Public on the slanderous Articles of BUCKINGHAM's immediate neighbourhood, does he think certain Writers in Punch against the British and Foreign In
that if the batteries of Punch were opened on the Oriental, stitute and its Resident Director.” Mr. BUCKINGHAM had gentlemen would be deterred from joining it, or would be sought to get his first appeal circulated gratuitously, and thus
ashamed of becoming members of it, as he asserts to be the to advertise his Institute very extensively in the newspapers case with his speculation in George Street ? The truth is, without paying either the charges of the proprietors or the
that he, and all persons in his situation, either mistake or duty to Government. He failed; but with the inventive wilfully misrepresent the case. Ridicule falls harmless unless talent which seldom deserts men of his class at a pinch, he there be something ridiculous in its object. Punch found in, immediately hit upon the still more admirable plan of
the British and Foreign Institute materials for joking which making people pay for his advertisement, for the “ Ad
he could not have found in any other club existing, and he dress” to the public is charged twopence. Mr. BUCKING- took advantage of them, HAM has tried many expedients for getting on in the We are not about to waste much of either time or paper world; we are surprised that he never offered his services on so worthless a subject as Mr. BUCKINGHAM's Appeal
, to persons in the habit of advertising largely, as the but there are one or two points on which we must expend manager of that department of their business. We are a few remarks. Circumstances change men wonderfully, certain that it would be worth his while, not less so than it and circumstances have not failed to have this effect on would be equally worth the while of those who might Mr. BUCKINGHAM. He was once among the loudest and employ him.
most uncompromising champions of a free press; he now The object of the Appeal and the Address is the same ; it thinks that, except on certain conditions, (one of them being is to rouse indignation against that notorious offender that nothing shall be said against him), “the liberty of Punch, for making the people laugh at Mr. BUCKINGHAM. the press” is “a curse rather than a blessing!” Now, too, We can assure that very sensitive gentleman (sensitive when he is shocked to find that “neither the moral dignity of the his interests are at stake), that his labour is worse than throne," nor the sacredness of the altar” afford a 'mfithrown away that it is employed in aiding the purpose of cient protection “from the malignant attacks and disgusting
exhibitions of” that “unprincipled publication"-Punch. his circumstances in the face of the public, as street-beggars. The charge is false. The wit of Punch is free from malig- expose
rags and infirmities, that there is no impropriety nity, and as to the disgusting" part of the matter, who is in referring to a subject upon which Mr. BUCKINGHAM hime disgusted? No man is ashamed of 'Punch lying on the self affects no reserve. When a man is everlastingly bringtable of his library; no woman, be she maid, wife, or ing himself before the public in forma pauperis--shaking a widow, shrinks from admitting it to her boudoir. Mr. begging-box at them, or sending round a goodnatured BUCKINGHAM, indeed, is annoyed; but, free-trader though friend with a hat on his behalf, there is no indecency in he be, he enjoys a monopoly of the annoyance. This, how- inquiring into the grounds of the appeal. We have looked ever, is a digression from our immediate purpose, which into the pamphlet , under notice for some satisfactory was to notice some of the changes which have come over explanation of this matter, but have found none. At pages 9, Mr. BUCKINGHAM's mind. How long has he been the 10, we have an extract from a speech made at the general champion of the "throne;" and the “altar?” His leanings meeting of the members of the Institute, in which it is stated used to be in a different direction, but Punch has made him that Mr. BUCKINGHAM had, in a single year, relinquished "a sadder and a wiser man.”
to the Institute a surplus of £190, advanced £500 of his Passing over these changes, however-passing over the own money towards a loan that was required for his own original absurdity of a serious controversy with Punch, we establishment, be it remembered), presented to the library suppose that a man engaging in such a folly must be bound 1500 volumes of books, worth £300; given £50 to the mis-, by the ordinary rules of warfare, and among them by that guided person who undertook the “ club department” (we which forbids the use of poisoned weapons.
Has Mr. suppose this means the eating and drinking departments, BUCKINGHAM done so? He gives an account of an Ame-" though, as Mr. BUCKINGHAM is a teetotaller, we do not see rican paper called the New York Herald, which he alleges how he could aid at the opening of a tavern); purchased and to be supported by the most infamous practices. The paid for out of his own funds a grand pianoforte, the cost
conductors,” according to Mr. BUCKINGHAM, send out being £150; bought a picture, for the benefit of the Insti. persons to collect private scandal, which, when collected, is tute, for which he paid 200, and further had given the use of either published for the amusement of those who delight in sundry other ornaments, purchased and paid for by himself ; such reading, or suppressed on the payment of money; and the whole of these acts of liberality, together with “incidental he relates the story of an attempt to obtain from himself five expenses inseparable from” Mr. BUCKINGHAM'S"position times the ordinary price of an advertisement by way of a of resident director," involving, according to the estimate of bribe. We know nothing of the New York Herald, and we the speaker, the sacrifice of a sum exceeding £1,000. We should be sorry to take the character of any paper from Mr. could not but be delighted to find the resident director's" BOCKINGHAM. But whether his statement be, or be not, circumstances so flourishing (for we wish bim no harm); accurate, matters not. It is with a paper represented to be but reading on, we came to a statement by a noble and thus infamous that Mr. BUCKINGHAM compares Punch. learned subscriber, to the effect that in a giyen year, Mr. Can any thing be more atrocious ? There may be occasional BUCKINGHAM's'emoluments amounted to no more than differences of opinion as to the justice of the satire in that £4. 198. 38. ; the statement very naturally concluding with paper ; individuals, like Mr. BUCKINGHAM, may feel irri. a proposal to put the begging-box again in requisition, and tated when they suffer from its sting, but no man has invite each member of the club to subscribe an additional hitherto ventured to accuse its "conductors” of venality, guinea for the benefit of Mr. BUCKINGHAM. even by insinuation. No man believes that it is possible by
Oh day and night, but this is wondrous strange! money to obtain the insertion of any thing in Punch except
Here is a man with an income of £4. 198, 3d. per annum, as an advertisement, or the exclusion of any thing, be it what it may. Mr. BUCKINGHAM talks a great deal about
giving away in one year money and property to the amount fair play-here is a specimen of his practice.
of £1,000. This beats all to nothing the well-known results.
of military economy :The plain fact is, that Mr. BUCKINGHAM is greatly disappointed, and very angry. He thought he was housed for life, How happy the soldier who lives on his pay, and he begins to fear that he is not. The “home” which he
He spends half-a-crown out of sixpence a day. promised himself does not promise to be so lasting as he had Mr. BUCKINGHAM must be a first-rate manager, and if hoped. He has done all he could, even to running up and he conducts the affairs of the club as well as he does his down the country, to give lectures in public-houses on the ad own, it ought to prosper.' By the way, we remember, that vantages of becoming a subscriber to the British and Foreign. on some pretence or other (we do not distinctly recollect Institute; but subscribers will not come. This mode of en- what), Mr. BUCKINGHAM some time since addressed a deavouring to catch them is, we believe, original; but then the circular to the booksellers, begging copies of their publicaBritish and Foreign Institute is a very orignal establishment, tions for the use of the British and Foreign Institute. We and its founder a very original person. What would be should like to know whether the books thus procured were thought of the departure of an itinerant lecturer on behalf of those which he claims the merit of giving to the establishthe Conservative or the Reform Clubs, the Athenäum or ment. the Alfred, to coax guineas, out of the pockets of country And so from the irreconcileable statements contained in gentlemen? Mr. BUCKINGHAM, however, had 10 scru- Mr. BUCKINGHAM’é pamphlet we feel it impossible to deples. He had got “ a home," and he wished to keep it. termine wbat his circumstances are. One thing, however,
It is not without reluctance that we advert to the pecu- is certain; if the club fail, we shall have more begging on niary circumstances of Mr. BUCKINGHAM. In the case of behalf of its resident director. The gallant ship which was any other mad, such advertence would be impertinent and to bear a select party round the world has, we suppose, brutal; but he has been for years past so continually throwing foundered, for we have not heard of it for a long time. The
club has been knocked on the head by Punch, who hence- responsible for it, and Paugerau Bedurudeen having stated that forward must be classed with the cruel
Paugerau Usop was the real offender, every thing should be kept
quiet until my arrival at the capital. On the following day I " Quarlerly,
went with the steamers to visit this singular capital, -or what Savage and Tartarly,"
is called a city,-being a miserable collection of bamboo That " killed Jack Keats.'': $1
houses, elevated upon piles, surrounded by water, except at low
tide, when'under many of them you perceive the bare mud; the What must 'come next, Another subscription. Mr. poverty of the buildings being singularly and inexplicably conBUCKINGHAM must live-s0 say his friends; and though trasted with the manners, dresses, and deportment of the higher
orders: his enemies might retort like the cynical Frenchman, " Sir,
I visited the Sultan with all due ceremony, and, by previous I see no necessity for it,” we hold such an answer to be
understanding with the Rajah Muda Hassein and his brother inhuman. We would not so deal with Mr. BUCKINGHAM's Bedurudeen, the visit was entirely complimentary; but, after necessities, if he be necessitous. We would willingly sub
my departure on the same evening, and the following morning,
Mr. Brooke had several meetings with those persons. The Sul. scribe a trifle to aid in providing him with a couple of de- tan stated he was quite ready to punislı Paugerau Usop, if I cent rooms in some cheap neighbourhood, and a daily chop. would afford my assistance in accomplishing it. It appeared It may be fitting that he should have a home, but why must
that Usop (I suppose from conscious guilt) concluded he wak
the object sought, and had, on the day of my visit, told the he have two mansions in George Street, Hanover Square, Sultan that, if called on to answer on the score of piracy, he, therein to walk about and disport himself, evening by even
would defend liimself to the last. ing, in silk stockings and embroidered waistcoat, amid
In answer to my address to the Sultan, I received the accom
panying documents (Nos. 2 and 3), one calling for assistance, blue spinsters and French grey dowagers, gilt chandeliers, the other for personal protection. A subaltern's guard was acforeign savans of the sixth rate, shining looking-glasses, cordingly sent to the Sultan's residence, and it was settled, or-molu and pasteboard finery, while the dawn of each day
through Mr. Brooke, that the Sultan should call on Usop to
present himself before him unarmed, to answer for his conduct, enables him to look from his own windows on those of the and if he did not do so, his residence was to be attacked. Lord Chancellor. There was nothing in the early circum
The Sultan's commands were accordingly conveyed to him, stances of Mr. Buckingham's life that promised such mag
which not having been replied to within a given time, a shot
was fired over his house, to which he promptly replied by a salvo nificence; there has been nothing in his career to entitle from his battery, when a fire in earnest was opened upon hím, him to enjoy it. How many better and incomparably abler
and a few minutes sent him and his adherents off to the troods, men are noiv struggling with difficulties and pining in
and the marines landed and took possession of his house, where,
among other things, 20 handsome brass guns of various calibre want! Hory many, after a life of suffering, await the were found, and 150 half-barrels of gunpowder. approach of the great enemy under circumstances
The guns the Sultan requested me to keep; but reserving two
of the smallest for the purpose of sale, to produce funds to te. Where all that's wretched paves the way to death.
munerate the two natives (now serving on board the Pluto) for We do not know whether such thoughts ever occur to the
their four years' captivity, I sent the remainder to the Sultan,
with a message, through Mr. Brookc, to say that we never members of the British and Foreign-Institute ; but if they do accepted any remuneration for the protection of friends who not, we may claiin some credit for suggesting them.
were disposed faithfully to carry out the engagements they had
entered into. Mr. BUCKINGHAM was anxious that his “Appeal” and I learn from Mr. Brooke, who has been in commanication “ Address” should obtain notice from the press. We hope
with Muda Hassien and his brother since the flight of Usop and we have gratified him. But, after all, we will not give up
destruction of his property, that the occurrence has given great Punch.
confidence to the well.disposed party, and that it will equally
depress Usop's adherents in the town, of whom there were not a One more remark and we have done. The profits of Mr. few; and I look for a double result from his punishment, namely, BUCKINGHAM's appeal are promised to the Society for the
that while it assures the legitimate government of all proper
support, they will equally perceive the rod that barigs over them Relief of Foreigners in Distress. When the accounts are should they be found wanting in their own conduct. made up, we should like to see the balance-sheet, to enable
I have, &c., us to ascertain to what extent the funds of the society are
Thos. CocHRANE, Rear-Admiral
and Commander-in-Chief. likely to be benefited.
To the Secretary of the Admiralty, London.
Agincourt, at sea, in lat. 8° 14' N., long. 116° 43' E. ATTACK ON THE BORNEO PIRATES.
Sir,- Following out the intentions referred to in my despatch (From the London Gazette, Friday, Nov. 28).
from Laboan (No. 142), of the 13th of August, I left my anchorADMIRALTY, Nov. 27.
age on the 15th inst., and reached the northern end of Borneo
on the 17th. Despatches have been received at this office from RearAdmiral Sir T. Cochrane, C.B., commander-in-chief of her
Having 'heard from various sources that Seriff Housman had, Majesty's ships and vessels on the East-India station, of which
for the last twelvemonth, been making preparations against s the following are copies or extracts :-.
probable attack, -that he had strongly fortified one of the
branches of a river in Malloodoo Bay, and was of a character Agincourt, off Pulo Luboan, coast of Borneo, and supported by resolute adlierents not likely to yield without Aug. 13, 1845.
a sharp struggle, I made corresponding arrangements for attacko Sir, I arrived off the river Bruné (Borneo Proper), on the and having anchored the Agincourt and frigates in a safe position 6th inst.
in the hitherto little-known fine bay of Malloodoo, I boisted my If their lordships will be good enough to refer to a paragraph Ang on board the Viren steam-sloop, and, attended by the Cruizer towards the conclusion of the memorandum addressed to me and Wolverine brigs, and the Hon. East. India Company's steam. by Mr. Brooke, under date the 3rd of July, 1845, they will find a statement of two natives of India having been detained us
vessels Pluto and Nemesis, proceeded to the head of the bay:
carrying deep water until within a conple of miles of the river's slaves tivity in the capita! itself for two years, continuing under cap mouth, when the Viren and brigs were obliged to anchor, and presence of the British men-of-war, and from which not far within them
the Pluto; drawing only six feet, grounded slavery they made their escape on board the Hon. East-India
on the bar. Company's steam-vessel Phlegethon, on her last visit there, only st being hopeless to attempt to make a further progress a few weeks since.
these small vessels, I directed Capt. Talbot, assisted by Acting. Under such a glaring disregard of the understanding entered Capt. Lyster, and Commanders Fanshawe and Clifford, to take into with the Sultan in respect to slavery, I felt, in conjunction command of the gun and other boats of the squadron, filled with with Mr. Brooke, that it would not be right to permit this trans.
as many marines and small arin men as they could with propriety action to pass without, in the first instance, holding the Sultan
carry, and proceed op that branch of the Mällooddo stated by .11.2013 SI A sta ohio 2,91
Aug. 26, 1815.
the pilots to be in the occupation of Seriff Housman; and, should, the fort was a boom across the sister apparently well constructed. their statements prove correct, to ascertain as far as possibļe the. The forts appeared to us the Seriff on his refusal to surrender, should be feel equal to the into two branches, and the pilots declared such to be the case : enterprise, or falling back to some suitable position, while be that turning to the right we observed was still further defended communicated with me in the event of his not considering his by a floating battery. There appeared, therefore, to be no means forcé sufficient to guarantee success.
of carrying the position but by forcing the boom p*** The accompanying letter and report from Capt. Talbot will On rejoining the force, arrangements were made for the gopa convey to their lordships a gratifying narration of liis success, boats to advance to the boom, to cover the party appointed to and prove the soundness of my judgment in selecting this officer cut through it; the remainder of the force to hold themselves to for the important dụty confided to him.
act when ordered.' We had approached the boom to within 100 Their lordships will not fail to unite with me in deep regret yards, when a flag of truce was obseryed to be coming towards us. at the heavy loss we have incurred; but wlien the great strength Conceiving the object of the enemy was merely to gain time, I. of the position is referred to, and that the force was for one hours sent back a message, " that unless Seriff Housman came to me exposed to the steadily-sustained fire of eleven heavy guns, within in-half an hour, I should open fire." This being conveyed to the little more than 200 yards of our own position, it is rather asto-fort, the fag returned with an offer to admit me with two boats, nishing than otherwise, and a source of thankfulness, the casuala that I might visit the Seriff. I declined, and the flag retired.: ties were not more numerous.
The moment it was clear of the line of fire, the three-gun battery Their lordships will not fail to notice the valorous conduct of opened, and the cannonade became general on both sides. Acting- Capt. Lyster, and those immediately under him, upon The boom was composed of two large-sided trees, each sup-ii this occasion ; who, undaunted by the fire with which they were porting a chain cable equal to ten or twelve inches, firmly bolted assailed, steadily worked at a remarkably well-constructed boom and secured round the trunk of a tree on each bank. A cut in for above an hour before he could effect an opening, and on the the right bank allowed a 'canoe to pass, but was impassable to success of whose exertions mainly depended the advance of any of our boats. the force, who, in ignorance of any other manner of approaching One hour nearly elapsed before we could in any way remove the forts than by the river, could not be brought forward until the obstacle, during which time the fire of the enemy was well this object was accomplished; and while I feel persuaded their sustained, all the guns being laid for the boom. I need hardly lordships will be fully alive to such meritorious conduct, I mention it was briskly returned from our side, both from guns deeply lament that death has removed from their lordship's power and small arms; and some rockets, well thrown by a party of reward that promising young officer, Mr. Leonard Gibbard, which had been landed on the right bank, appeared to produce mate of the Wolverine, who bravely worked by Capt. Lyster's considerable effect. side, The wound he received on that occasion having, unfortu. As soon as the passage was open for the smaller boats, they nately for his country and his friends, proved fatal on the follow- passed through rapidly, and embarked the marines from the ing day
large boats across the boom; 'ultimately, the whole force passed I sent up the same evening a small detachment of gun-boats, through. The enemy immediately quitted their defences, and "" under Commander Giffard, to burn such prahues and boats, and fled in every direction. The marines and small-arm men having parts of the forts or town, as might bave remained not com. cleared the town, the marines were formed as a covering party, pletely destroyed, and to render unserviceable any iron guns, and parties of seamen were pushed up both banks of the river, and to bring down with him any brass ordnance that might be but met with no opposition ; at the same time, preparations were there.
made for spiking the guns and destroying the stockades and Two or three chiefs are known to have fallen on the present town; in a short time these were completed, and the whole in: occasion, and there is every reason to believe that Seriff Hous, faines, as well as three large proahs, and several smaller ones. man, so formidable to all the neighbouring country, and whose Being anxious to save the tide, and conceiving that the object valour was worthy of a better cause, is among the number slain; contemplated by your Excellency was accomplished, I ordered at least, I have certain information that he was carried off badly, the force to be re-embarked, and proceeded down the river to wounded; but, whether dead or living, I consider his influence the Viren. to be entirely annihilated, and his confederacy with various pira. When your Excellency considers the strength of the enemy's tical cliefs in the Archipelago broken up, for his power as much position, and the obvious state of preparation in which we found depended upon his being the encourager of other piratical tribes, him, you will be prepared to learn that this service has not been and their supplier with goods in exchange for slaves, as in the performed without considerable loss. I regret very much to force naturally at his command. I may add that, among many state it at 6 killed and 15 wounded. The loss on the part of the
articles of European workmanship, a bell belonging to the enemy was, unquestionably, very great, but the surrounding ship Guilbelen Ludwig, of Bremen, was found in the town. This jungle afforded the enemy the means of carrying away their dead, vessel was supposed to bave been wrecked on the Garsi Isles, according to their custom in such cases. Nevertheless, some of abont October or November last, but nothing has been heard of those left on the field we recognized as persons of considerable the crew.
induence. I hare, &c.,
Whilst I record my admiration of the gallantry and steadiness Tuos. COCHRANE, Rear-Admiral, of the whole force under a galling-fire, sustained for a long period.
Commander-in-Chief. I must particularly mention Capt. Lyster, who directed his atTo the Secretary of the Admiralty, London.
tention to the boom, and by whose personal exertions that
obstacle was oyercome. Her Majesty's steam-vessel Vixen, Malloodoo Bay, Mr. Gibbard, mate of her Majesty's ship Wolverine, was, I
Aug. 20, 1815. grieve to say, mortally wounded by an early shot, when gallantly Sir, I have to report the proceedings of the expedition you working at the boom with an axe. did me the honour to place under my command.
I beg leave to point out to your Excellency the conduct of Your Excellency's flag having been flying on board the Vixen, Mr. Williamson, the Malay interpreter to Mr. Brooke.
He you are aware of its progress to the anchorage at the bead of was with me during the attack, and was exposed to the whole of the Malloodoo Bay; I commence, therefore, the details from that the fire. period.
I have, &c., The force, consisting of 530 scamen and marines (the detail
CHARLES TALBOT, Captain. of which I annex), conveyed in twenty-four boats, of which nine His Excellency Rear-Admiral Sir Thomas were gun.boats, left the Viren at 3 p.a. on the 18th inst., and, Cochrane, C.B., Commander-in-Chief. after some little difficulty in hitting on the channel, was anchored off the mouth of the Sonoy-basar a little after sunset. Here we were joined by a boat from the Pluto, carrying the Agincourt's
Détail of the naval force employed in the attack on and the field.piece.
destruction of Malloodoo, under the command of Captain The tide serving, about 11 r.m. we weighed, and passing the
Charles Talbot, her Majesty's ship Vestal, on the 19th day of bar, anchored within it. At daylight on the 10th we proceeded
August, 1845. up the river in two divisions. After proceeding about two miles, Her Majesty's ship Agincourt's gig, Capt. Lyster; Mr. Cress. I was informed by the Bruné pilots we were nearing the town ; well, mid. ; 1 petty officer and 5 seamen. I therefore went ahead with Capt. Lyster to reconnoitre. On Gun-boat (launch), Lieut. Lowther; Mr. Whipple, assist. coming to an abrupt turn in the river, about three miles surg. : Mr. Burnaby; mid. ; Mr. Barton, mid. ; 1 petty officer higher, we found ourselves suddenly in front of the position, and 18 seamen. which consisted of two-stockaded forts, of eight and three guns Gun boat (barge), Lieut. Paynter; Mr. May, mate ; Mr. each, commanding the reach. About 200 hundred yards below Patrick, assist. surg. ; 1 petty officer and 14 seamen.
Pinnace, with rockets, Mr. Reeve, mate; 3 petty officers and VICE-CHANCELLOR'S COURT, Nov. 22. 18 seamen.
GLASSE 1. MARSHALL AND THE EAST-INDIA COMPAXY. Cutter, Mr. Simcoe, mid. ; 11 seamen.
The argument on behalf of the plaintiff in support of the inGun-boat, manned from Agincourt, Hon. East-India Com- junetion he had obtained to restrain the defendant from receiving pany's steam-vessel Nemesis, with Ist company small armed men the amount of certain East-India bonds, and the East-India (1st cutter), Lieut. Reid; Mr. Hathorn, mid. ; 1 petly officer Company from paying them to any other person than the plainand 10 seamen.
tiff, was continued. Gun-boat (2nd cutter), Mr. Young, mate; 1 petty officer aud Mr. BETHELL, who was counsel for the plaintiff, insisted that 10 seamen.
the language of the 4th sect. of the 51 Geo. 3, c. 64, made it Gun-boat, with Agincourt's field-piece men, Pluto's cutter, indisputably clear that the analogy which had been attempted to Lieut. Heard ; 2 petty officers and 13 men.
be established between the bonds of the East-India Company Her Majesty's ship Vestal's barge, Lieut. Morritt, senior and negotiable instruments could not be maintained. Tlie form "lieut. ; gun-boat, Mr. Pym, second master; I petty officer and of the instrument itself was also an argument in favour of this 13 seamen.
construction, as it declared that no action should be brought, Pinnace, Lieut. Pasco ; Mr. Ward, assist. surg. : Mr. San- for either principal or interest, without twelve months' notice, ders, mid. ; 1 petty officer and 13 men.
both on the side of the Company and the holder of the bond. Her Majesty's ship Vestal's gun-boat (cutter), Mr. Durbin, He submitted that the effect of the statute amounted to no mate; 11 seamen; (gig), Mr. Eccles, clerk; 5 seamen.
more than this,--that the bonds of the Company should be ca. Her Majesty's ship Dedalus, gun-boat (launch), Mr. Wilkin. pable of being transferred by delivery of the possession. The son, second master; } petty officer and 18 seamen; (barge), assignment or transfer could only be such as was legal; for Lieut. Randolph, senior lieut. ; Mr. Huxham, mid. ; 2 petty surely no intention so absurd could be attributed to the Legis. officers and 17 seamen; (pinnace), Mr. Nolleth, ma:e; Mr. lature as that of compelling the East-India Company to pay the Balcomb, mid. ; 1 petty officer and 12 seamen; (cutter), Mr. money secured by the bond to any one who might happen to find Protheroe, mid.; 1 petty officer and 8 seamen,
it in the street, or become possessed of it by fraudulent means. Her Majesty's steam-vessel Viren's gun-boat (pinnace), Lieut. The statute could only refer to a lawful delivery of the bond by Wilcox, senior lieut. ; Mr. Dent, mate ; 1 petty officer and 15 the bona fide holder. Upon the case made by the affidavits in men; (ist cutter), Mr. W. Sainsbury, mid.; 9 seamen; (2nd support of the injunction, it was alleged that there had been no cutter), Lieut. Bonliam; 11 seamen.
lawful delivery of the bonds, and therefore the title remained to Her Majesty's sloop Cruizer's gun-boat (pinnace), Lieut. be inquired into. Of the jurisdiction of the Court to grant an Rodney, senior lieut, ; Mr. Cotter, mid.; I petty officer and 12 injunction in such a case, no doubt could be entertained. It was men; (gig), Commander Fanshawe; 1 petty officer and 4 sea- shewn on the affidavits that the plaintiff had given notice to the men; (cutter), Mr. Tuke, mid. ; 1 petty officer and 8 seamen. Company not to pay the principal or the interest upon the bonds
Her Majesty's sloop Wolverine's pinnace, Lieut. Hillier, senior to the defendant, or any one else than the plaintiff, and the lieut, ; Mr. Johnson, mid.; 1 petty officer and 12 seamen; (gig), Company had refused to accept such notice. The Company Commander Clifford; I petty officer and 4 seamen; (cutter), liad, therefore, been brought here of their own accord to estaMr. Gibbard, mate; I petty officer and 4 men.
blish the validity of their refusal to act on the notice, and they Abstract of the foregoing detail.
had voluntarily placed themselves in a situation, both as to the Agincourt. --Officers, 15; petty officers, 10; seamen, 99.
law and the circumstances of the case, to leave the Court no Total, 124.
alternative but to make the injunction to restrain the payment Vestal.-Officers, 8; petty officers, 2; scamen; 42. Total, 52.
of the bonds extend to them. Dædalus. Officers, 6; petty officers, 5;
Mr. Speed, on the same side, contended that the only object
seamen, 55. Total, 66.
of the 51 Geo. 3, c. 64, was to give a legal effect to the right Vixen.-Officers, 4 ; petty officer, 1 ; seamen, 35. Total, 40.
which the bondholder had before the statute of assigning the Cruizer.-Oficers, 4; petty officers, 3; seamen, 24. Total, 31.
bond by delivery and indorsement. The assignee had all the
But Yolverine.-Officers, 4; petty officers, 3; seamen, 24.
rights, both legal and equitable, of the original holder. Total, 31.
the Court must have regard, in putting a construction upon the Grand Total. Officers, 41; petty officers, 24; seamen, 279.
statute, to the circumstances under which the instrument had Total, 341.
passed to the present liolder. If the bond had been stolen or Roya! Marines employed. -Capt. Hawkins, her Majesty's
obtained by frauil, it could not be said the holder was the ship Agincourt; Lieut. Hambly, her Majesty's ship Dedalus ;
assignee under the statute. The assignee could only be the Lieut. Dyer, her Majesty's ship Vestal; Lieut. Kennedy, her
bona fide holder; and in this case, the bonds had never been Majesty's ship Agincourt ; Lieut. Mansell, her Majesty's ship
"assigned and transferred” to Mrs. Marshall. He denied the Agincourt ; 8 serjeants, 8 corporals, 3 fifers, and 198 privates.
analogy between East-India bonds and Bank of England notes.
A bank.note was a legal tender for any sum beyond £5,-it was Abstract.
considered as money, but the bonds of the Company were noCaptain, 1 ; lieutenants, 4; serjeants, 8; corporals, 8; fifers, thing more than securities for money. As such securities, the 8; privates, 178: total, 202. Total number of serjeants, 314 ; jurisdiction of the Court to restrain their circulation could not marines, 202. Grand total, 516.
be disputed. And, admitting them to be securities that were CHARLES Talbot, Captain,
negotiable, the holder had no better title than the indorsee of a Her Majesty's ship Vestal. bill of exchange. Ile could not understand how the value of the
bonds could be depreciated by the interference of the Court to Neturn of killed and wounded in the boats of the squadron em
prevent immediate payment, as it would be much more preju
dicial to the securities if the Court were to decide that, when ployed in the attack of Malloodoo, August 19, 1815.
they fell into the hands of a fraudulent holder, it could give no Her Majesty's ship Agincourt.- Killed, 2 seamen, 2 royal protection to the party to whom they lawfully belonged. marines. Wounded, Lieut. Thomas Heard (supernumerary be- Mr. Stuart having replied, Ionging to the Samarang), slightly; 2 seamen, severely; 1 ma- The Vice-ChanceLLO (Sir L. SHADWELL) said that, of the rine, slightly.
general right of the Court to interfere by injunction in such a Her Majesty's ship Vestal. Killed, 1 royal marine. case as this, he had no doubt whatever. The Court could alWounded, Mr. Pym, second master, badly; I royal marine, ways exercise a jurisdiction in cases of fraud ; and, unless the slightly.
words of the Act of Parliament in this case were so precise and Her Majesty's ship Dadalus.-Killed, none. Wounded, 2
cogent as to take it away, that jurisdiction must renain. His seamen, dangerously.
Honour did not see any thing in the Act which expressly deHer Majesty's steam-vessel Vixen. - Killed, none. Wounded, clared that the Company should be liable to pay the bonds in I seaman, severely; 1 seaman, slightly; I stoker, slightly. whosoever hands they might be, or by whatever means they ınight
Her Majesty's brig Cruirer.- Killed, none. Wounded, 2 have been obtained. It could not be the right construction of seamen, slightly.
the Act to say that, if A came to the East India Company with Her Majesty's brig Wolverine. — Killed, none. Wounded, bonds in his hand, and B knocked him down and took them Mr. Leonard Gibbard, mate, dangerously; I royal marine, away, payment should be made to B, and not to A. The case, severely.
as originaliy represented on the plaintiff's attidavits, was a case Killed. - Total, 6.
of fraud; and that case bad not yet been met. Ile did not wish Wounded. - Total, 15.
to make the observation harshily pressing on Mrs. Marshall. D. A. WHIPPLE, assistant, surgeon, lier Majesty's There might be a good reason why the thing was not explained,
ship Ayincourt, and senior medical officer but the possible explanation remained to be given, and the of the force employed.
Court, in the meantiine, could only act upon the facts before it.