The Case of the Island of Grenada; in relation to the Payment of Four and one-half in the Hundred of Goods exported therefrom; between alexander campbell, esq. Plaintiff, and wm. hall, esq. Defendant, in the Court of King”s-Bench, before Lord Chief-Justice Mansfield:
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1774 |
| Docket Number | 550 |
| Date | 01 January 1774 |
| Court | State Trial Proceedings |
550. The Case of the Island of Grenada; in relation to the Payment of Four and one-half in the Hundred of Goods exported therefrom; between ALEXANDER CAMPBELL, esq. Plaintiff, and Wm. HALL, esq. Defendant, in the Court of Kings-Bench, before Lord Chief-Justice Mansfield : L5 GEORGE III. A. D. 1774. [The following account of this Case is compiled from the Reports of Mr. Loot and Mr. Henry Cowper, together with the short-hand writers report of the Arguments of Mr, Macdonald (now Lord Chief, Baron of the Ex- chequer), and Mr. Hargrave. Both those learned persons have assented to the publication of this Manuscript, which was imparted to me by Mr. Hargrave, with his accustomed kindness of assistance in the improvement of this Work.] THis cause came on to trial before the right honourable William lord Mansfield, on Friday the 2d of July, at the sittings after Trinity term, for the city of London, at Guildhall, when a special verdict was found. The proceedings in the cause were as follows : Trinity-term, in the 13th year of the reign of king George the third. London to wit, Be it remembered, that heretofore; that is to say, in Easter-term last past, before our lord the king at Westminster, came Alexander Campbell, esq. by Ben jamin ttosewell, his attorney, and brought in the court of our said lord the king then there, Ids bill against William Hall; esq. being in the custody of the marshal of the Marshalsea of our said lord the king-, before the king himself; of a plea of trespass on the case ; and there are pledges for the prosecution, to wit, John Doe and Richard Roe. Which said bill follows in these words, to wit, London, to wit, Alexander Campbell, esq. complains of William Hall, esq. being in the custody of the marshal of the Marshalsea of our lord the king himself, of a plea [of trespass nn the case ; and also] for that whereas the said William, on the first-day of January, in the year of our Lord 1773, at London aforesaid, to wit, in the parish of St. Mary-le-Bow, itt the ward of Cheap, was indebted to the said Alexander in the sum of Wt. of lawful money of Great Britain, for the like sum of money by the said William before that time had and received, for and to the use of the said Alexander : and being so indebted, he the said William, in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, undertook, and to the said Alexander then and there faithfully promised, that be the said William would well and truly pay and satisfy the said Alexander the said sum of money whenever he the said William should be thereunto afterwards required. Yet the said William, not regarding his said promise and undertaking, hut contriving and frautio. lently intending craftily and salinity to de, ceive the said Alexander in this behalf, hath not paid the said Alexander the said sum of money, or any part thereof; (although the said WA-loam afterwards, to wit, on the same day and year aforesaid, and often afterwards, at Lon don aforesaid, in the parish and ward aforesaid, was by the said Alexander required so to do) but to pay the same, or any part there of, to the said Alexander he the said William bath hitherto altogether refused, and still doth refuse, to the damage of the said Alex - ander of 201. And thereof he brings his suit, &c. " And now on this day, to wit, on Friday next after the morrow of the Holy Trinity, in this same term, (to which said day the said William had leave to impede to the said bill, and then to answer, &c.) before our lord the king at Westminster, comes as well the said Alexander, by his attorney aforesaid, as the said William, by Robert Want, his attorney ; and the said William defends the wrong and injury. When, &c. and says he did not undertake and promise in manner and form as the said Alexander Campbell above complains against him. And of this he puts himself upon the country ; and the said Alexander doth the like. " Therefore let a jury thereupon come before our lord the king on Wednesday next after three weeks of the Holy Trimly, by whom the truth of the matter may be better known, [and who neither are of kin to the aforesaid Alexander nor to the aforesaid William] to recognize the truth of the issue between the said parties, because as well the said Alexander as the said William, between whom the issue is, have put themselves upon the said jury. The same day is given to the party aforesaid. " Afterwards the process being continued between the parties aforesaid, of the plea aforesaid, by the jury between them being respited (before our lord the king, at Westminster, until Saturday next after the morrow of All Souls then next following, unless the kings right trusty and well beloved William, lord Mansfield, his majestys chief justice assigned to, hold pleas before our lord, the king himself; 241] Campbell v. Hall. shall first come on Friday the ed day of July, at the Guildhall of the city of London, according to the form of the statute in such case made and provided) for default of jurors, because none of them did appear. " At which day, hefbre our lord the king at Westminster, came the aforesaid Alexander Campbell, by the said Benjamin Rosewell, his attorney aforesaid. And the said chief justiee, before whom the issue was tried, sent hither his ecord had in these words, to wit, " After- wards, that is to say, on the (lay and at the place within contained, before the right honourable William, lord Mansfield, the chief justice within written, John Way, gentleman, being associated unto him according to the form of the statute in that case made and provided, comes as well the within named Alexander Campbell, esq. by his attorney within named, as the within named William Hall, esq. by his attorney within mentioned. " And the jurors of the jury within mentioned being summoned, some of them, that is to say, Anthony Highmore, Peter Bostock, David Chambers, James La Motto, John Wilkinson, Joshua Bedshaw, and Silvanus Grove, come, and are sworn upon that jury: And because the residue of the jurors of the same jury do not appear, therefore other persons, of those standing by the court, by the sheriffs of the city and county aforesaid, at the request of the said Alexander, and by the command of the said chief justice, are now newly set down, whose names are filed in the within written pannel, according to the form of the statute in that case made and provided. Which said jurors, so newly set down, that is to say, John Lee, William Ker- sil, Charles Hougham, John German, and Richard Hatt, being required, come, who, together with the said other jurors before impannelled, and sworn to declare the truth of the within contents, being elected, tried, and sworn, upon their oaths say, " That the island of Grenada, in the West-Indies, was in the possession of the French king until it was conquered by the British arms in 1762, And that during that possession there were certain customs and impost duties collected upon goods imported and exported into and out of the said island, under the authority of his most Christian majesty. And that in the said year 1762, the said island was conquered by the king of Great Britain, then in open war with the French king : and that the said island of Grenada surrendered to the British arms upon the same articles of capitulation as had been before granted to the inhabitants of the island of NI artinico, upon the surrender thereof to the British arms. And that in the articles of capitulation demanded by and granted to the inhabitants of the said island of Maniple , upon the surrender thereof to the British arms, dated the 7th day of February, 1762, are tile following articles, that is to say, " Article the fourth They shall be strictly VOL. XX. A. 11 1774. 1242 neuter, and shall not be obliged to take arms against his most Christian majesty ; nor even against any other power. Answer They become subjects of" his Britannic majesty, and must take the oath of allegiance, hut shall not hr obtiged to take arms against his HMIs! Christian djesty stool a peace may determine the Uwe of the island. " Article the fifth The, shall present ie their civil government, their laws, Customs, Pm( ordinances : justice shall be administered by, the same officers w Ito are now in employ ment ; and there shall be a regulation made fur the interior police between the governor of his Britannic majesty and the inhabitants: and in case that at the peace the island shall be ceded to the king of Great Britain, it shall be allowed to the inhabitants to preserve their political government, and to accept that of Antigua or St. Christophers. " Answer They become British subjects, (as in the preceding article) but shall continue to be governed by their presentlaws until his majestys pleasure be known. " Article the sixth The inhabitants, as also, the religious orders, of both sexes; shall be maintained in the property of their effects, moveable and immoveable, of what nature soccer, and shall be preserved in their privi- leges, rights, honours, and exemptions ; their. free negroes and mulattoes shall have the en-, tire enjoyment of their liberty. " Granted, in regard to the religious orders . The inhabitants, being subjects of Great Brit lain will enjoy their properties, and the saute. privileges as in the other his majestys Lee ward islands. " Article the seventh They shall not psy to his majesty any other duties Utah those Which, have been paid hitherto to his most Christian majesty ; and the capitation of negroes upon the same footing it is paid at present, without any other charges or imposts : and the ex pences of justice, pensions to curates, and other occasional expences, shall be paid by the domain of his Britannic majesty, as they were by that of his most Christian majesty. " Answered in the sixth article, as to what. regards the inhabitants. Article the eleventh No other than the inhabitants resident in this island shall, till...
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