XXI. HIS EXCELLENCY JAMES MONROE, Late Minister Plenipotentiary from the United States of America to the Court of St. James's. Vol. IX. 1806-7. (See page 337.) This gentleman, after concluding a provisional treaty with the late administration, which we are sorry to add has not been productive of a settlement with the Trans-Atlantic Continent, has returned to his native country, XXII.-ROBERT R. LIVINGSTONE, Late Ambassador from America to the French Court. (See page 385.) This gentleman, who was well known to the late Mr. Fox as a politician, and to Mr. Coke of Holkham, &c. as an agriculturist, is now busied in improving his estates in America; he has made some very considerable purchases in Louisiana, and has conceived an idea, that it is possible to navigate against the stream of the Mississippi, by means of vessels provided with steam engines. Some of his countrymen, however, give the preference to the scheme of a canal, cut parallel to that mighty river; but a subject of such magnitude, however, it may occupy the speculations of the present age, can only be fully completed by a remote posterity. XXIII-REAR-ADMIRAL SIR EDWARD PELLEW, BART, Vol. IX. for 1806-7. (See page 401.) He served as a midshipman on board the Alarm, Captain Stott, on which occasion, the Hon. Hugh, afterwards Lord Hugh Seymour, was his messmate. He was afterwards first lieutenant to' Captain Pownal, on board the Apollo, and that officer having been killed in action, he fought the ship gallantly, and was afterwards made a commander on account of his conduct on the occasion. As he was a most excellent seaman, even while a captain, he 595 took care never to order a man to do what he himself would not. By way of shewing a good example, therefore, he was accustomed at times, when the mainsail was handed, to assume the post of honour, he himself standing at the weather-earing, while Mr. Larcom, his first lieutenant, was stationed at the leeward one. He still commands on board the Culloden of 74 guns, as admiral on the East India station. XXIV. THE RIGHT HON. SIR WILLIAM SCOTT, KT. One of the M.P's. for the University of Oxford, Judge of the High Court of Admiralty, &c. &c. As we have been at some pains to state the conduct of this learned civilian, in respect to neutral nations, and have indeed given a summary report of the merits of the Swedish captures, &c. it appears but fair to present the reader with the following article, from which it will be seen, that Sir William, when a proper opportunity presents itself, can become the strenuous asserter of neutral rights. Anna, A. La Porte, Master.-Minutes of the sentence in the High Court of Admiralty of England, on the 20th day of Nov. 1805, on the reserved question of costs and damages, the ship and cargo having been restored. "The Right Honourable Sir William Scott, Knt. the judge, observed-[Here follows the statement of the case, and of certain points in judgment, not relevant to the present subject; after which the report thus proceeds:]-On being brought here, a claim is given of a very grave nature, by General William Lyman, the Consul of the United States, under the authority of his Excellency James Munroe, Esq. the Ambassador, as being taken within the territory of the United States: this has been much discussed, and charts have been exhibited. “The vessel is said to have been captured at the mouth of the Mississippi, within the bounds of the American territory. The general rule on this subject is, where the power of arms is limited, there is the limitation of the territory. Since fire-arms have been introduced, three miles is considered as where the territory begins: o o o but, it has been said, the island at the mouth of the Misissippi cannot be considered as territory, being merely a mud island, or bank formed by trees, washed down by the stream; and it is argued to be, in fact, no appropriated territory, but a mere accumulation of earth occasionally resorted to for the purpose of shooting birds, which are its only inhabitants. It is argued, therefore, that the American territory can only begin at Belleisle, where officers were formerly established by the Spaniards. "I am of a different opinion. Clearly these islands are to be considered as a necessary and indispensable part of the American territory; for, by universal courtesy in such cases, the land formed at the mouth of a river, be the quantity of the earth which composes it great or small, must be considered as belonging to the territory from which its elements were derived. If the course of a river carries away any part of the adjoining land, the rule of general law is, that it still remains the property of the former owner; it would be so even if such a removal brought it contiguous to the property of another; but, in this instance, there is no other person to advance a claim. If it were not so considered, any other state might occupy, embank, and build fortresses upon one of the islands; and, in that case, what a thorn would this be in the side of America. Other nations might construct forts there, like that of Belleisle, and the passage of the river would be no longer in the secure possession of America! The island in question, then, must be considered as within the American territory, and therefore the distance from the shore must be computed from thence; and this vessel was captured, as far as I can judge. from the evidence, within this threshold, as it were, of the American States. "It is said, the pursuit began before the vessel had entered the privileged limits, and that, although you may not begin to chase within the neutral limits, you may pursue there; and I should be inclined to conclude with that view of the case, if the captor had been out on a legal cruise, and had legally summoned the vessel to surrender, and the capture had been made without vielence. And if nothing of previous misconduct could be objected to the captor, such an excuse might possibly be held good. "This brings me to a part of the case, which calls for great censure on the captor. Cruisers have no right to station themselves in a neutral river, the better thereby to exercise the right of capture. That this privateer did so, appears from her own log, and they are not to be justified by saying, that such is the conduct of king's ships, which I do not believe to be true in point of fact; but if it were so, it would call for equal censure on them." The learned judge then proceeds to notice other particulars, and his general conclusion is thus reported: "I am of opinion, therefore, that in every part of this transaction there is misconduct on the part of the captor, and that of a gross kind; and that he has been guilty of a violation of territory; and that, connecting the place of capture with his conduct in that territory, the question of property afforded no justification of the seizure. I should, therefore, fall much short of that justice due to the violated rights of America, as well as to those of the individual, if I did not condemn the captor in costs and damages. "The court accordingly pronounced the ship and goods to have been seized, and taken, in violation of the territory of the United States of America, and condemned the captor in costs and da mages." Sir William Scott has lately returned from Lisbon. XXIII. Rr. HON. SPENCER PERCEVAL, · Vol. X. Note to page 465. It is the house of Ivery, not of" Ivestry," from which the present Chancellor of the Exchequer is sprung. INDEX. Abdallah Menou, 362. A. America, her interest nearly the same with that of England, 234; her ANDREWS, MR. MILES PETER, his memoirs, 523; is educated at Bar, the road to fortune, 328. B. Barwell, the late Mr. supports Governor Hastings in India, 45; re- Bathurst, Dr. HENRY, Bishop of Norwich, anecdotes of, 377; BERRY, SIR EDWARD, account of, 441; birth, 448; early pursuits in BURGESS, DR. BISHOP OF ST. DAVID's, his memoirs, 1; birth, 4; early education, 5; goes to Oxford and distinguishes himself there, |