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openly declare that they have no fear of being disturbed by the king's ships. Mr. Canning may therefore well say, that the slave-trade is now carrying on under the fag of France with scandalous publicity.' • So little,' says Commodore Bullen,' do they appear to fear detection, that the officers of La Sabine voluntarily conducted ours over their vessel, pointing out the different apartments for the males and females, and explaining every circumstance connected with it.'
Some notion of the system of atrocities under which this traffic is carried on may be collected from the dispatches of Commodore Bullen; but we must observe, that the number of slave-vessels seen and visited by our squadron, on a line of coast of more than a thousand miles, affords no criterion of the real extent of the trade. Neither can we form an idea of the sum of human misery from the cruelties which are witnessed in those few that are captured; as is justly observed in the Nineteenth Report of the Directors of the African Institution, there is not more of cruelty, it may fairly be assumed, in the one vessel which is captured, than in the hundred which escape.' In their Twentieth Report they say,
' It is stated, under date of 10th December, from Sierra Leone, that, notwithstanding the activity of English cruizers, the coast still swarned with slave-dealers. The Redwing boarded, during a single cruize, French vessels having on board upwards of three thousand slaves; beșides which, she saw many French vessels which avoided her. A brig, la Jeune Caroline, bad four hundred and fifty slaves on board, every one of whom was closely battened below when she was boarded. A large French ship, having five hundred slaves on board, and carrying twelve guns and sixty men, bound for Martinique, was boarded a few days prior to the Redwing's return to Sierra Leone. She had all her guns clear for action, but offered no resistance to a visit from the boats of the Redwing.
Three Spanish vessels were captured by the Redwing's boats between the 7th and '11th October, but only one had arrived at Sierra Leone by the 10th December. The schooner Teresa was upset on the morning of the 19th October, in a tornado, when one hundred and eighty-six slaves, three men and one boy belonging to the Redwing, and the Spanish mate, were lost; the remainder, two officers and nine seamen belonging to the Redwing, and six slaves, were picked up on pieces of the wreck the next morning: fortunately, fifty slaves had been removed to another vessel the day before, and have since arrived at Sierra Leone, It is observed, that the captures of the last six months equal any other in a similar space of time which can be named, fourteen vessels having been captured, making a total of 1,690 tons, and carrying about 4,000 human beings. It is stated that the Maidstone boarded, amongst many other French vessels, a coryette fully armed and manned, which originally had 1,000 slaves on board. On the whole, it appears that the slave-trade has increased during the
" heirs,' and the intentions of those who use it. If an ignorant
' person wishes to vest the absolute property of land in his devisee, he gives it to him without using the word heirs.' If he wishes to entail it upon him and his issue, he devises it to him and his heirs. By the construction of law the devisee takes, in direct opposition to the intention of the testator, an estate for life only in the first instance, an estate in fee simple in the second. There has not, perhaps, been a single term for the last 100 years in which some case upon this point has not arisen: and the adoption of the proposed rule would undoubtedly obviate an infinity of litigation both at law and in equity.
To put the question within the reach of the public at large, the author urges, that the general term conveys the absolute and unqualified meaning, while, says the law maxim, additio probat minoritatem.
* Where,' observes old Wingate, (whom he quotes as commenting on this rule,) ' you finde it said in any book, that a man is seised in fee without saying more, it shall be understood in fee-simple; and not in fee-taile, unlesse there be put unto it such an addition, fee-taile, &c. ! and, therefore, in heraldry, the younger sonnes give the differences. And in France, by Monsieur, (without any addition or other title,) is to be understood the king's onely brother, and by Madame, (without more) the king's onely sister ; and, therefore, they are said in French to be Monsieur sans queue, and Madame sans queue, viz. without any
other addition or title. But if there be in France any occasion of naming any other lord or lady, they are always named with their proper and peculiar title, as Monsieur de Longville, Madame de Chevreuse, &c.' Surely, adds Mr. Humphreys, an absolute perpetuity may claim, with us, the privilege of passing sans queue.
On the great and much agitated subject of perpetuities, or (more strictly speaking) of the settlement of real property, by such limitations of it, as, during a certain period of time, will take it out of commerce, and suspend the vesting of the absolute ownership, Mr. Humphreys proposes, that land, or any protits accruing from it, may be aliened for the period of any life or lives in existence at the time of the deed being executed, or, (if the alienation be by will,) at the death of the testator-that it may also be aliened, either in possession, or so as to take effect on the death of the donor, or on the death of any tenant for life, to any person or class of persons, who may be living, or be conceived, when the disposition shall vest in possession; defeasible, however, on the death of the donee during infancy, or on any other assigned event within that limit. Substitutional limitations are next allowed under the same restrictions ; but all dispositions, to take effect at any more remote period, are declared to be void. The rules submitted by Mr. Humphreys for this purpose are
represented by him as embodying and giving certainty and effect to the principles of our present laws of settlements, both as to lands and profits; and as remedial of the defects on this subject complained of in the first part of the essay. He adverts, however, to an useful effect indirectly produced by our present laws of settlement, of enabling a father, in consequence of the necessity for his concurrence in barring the entail by recovery, to procure a resettlement of the estate, and thus preserve it in the family. This power, he suggests, need not be relinquished ; and for preserving it he proposes that, during the father's life, the eldest or only son's expectant estate shall not be alienable nor extendible, unless with the father's concurrence. This, in the event of the son's dying without issue in his father's lifetime, would give the property, on the son's death, to the brothers and sisters in the character of heirs.
These provisions would certainly be a great simplification of the present mode of settlement of real property. Years of study are required to comprehend it; and, when understood, none but the most skilful artists can be trusted with it. Even yet its principles are far from being distinctly settled; and their extent and application are still less ascertained. Hence great expense and litigation frequently follow, and legal instruments are immeasurably prolix; numerous contingencies must be provided for, and language sinks under the necessity of describing and providing for them. It is always extremely difficult, and often quite impossible to explain to the parties themselves the effect and operation of the settlements they execute, or the effect of their wills. Does one testator in fifty, when he devises his property in strict settlement, clearly know to whom, or in what manner, he has disposed of it?
The necessity (or at least the policy) has been long acknowledged in practice, of investing owners of limited interests in real property with certain powers, (as of selling, exchanging, and leasing, which are now actually incident only to the absolute ownership. These incidents, now almost invariably given by express provision, Mr. Humphreys proposes to annex by law, to the partial estates in question--the iwo first to be made exerciseable at the instance of all tenants for life in possession, with remainder to their issue; the latter by the parties themselves being in actual possession. To this annexation of the power of leasing we can discover no sound objection; but the mode of rendering those of sale and exchange available appears to us to demand the author's further consideration.
All Charges on land are either in respect of some annual payments, or for securing a principal sum of money. Charges of
the first description our author would restrict to the term of a life, annexing the power of distraining, as an incident iuseparably attending them. Principal charges, by way of mortgage or portion, are dealt with in a manner which will probably surprize the legal reader; but which we shall present without venturing any remark.
Mr. Humphreys does not allow of the creation of a term of years, or a legal fee, for securing them. All he admits is a charge, which binds the land, and is to authorize the person, entitled to the money secured by it, to enforce its raising by sale, through the medium of a summary process before the clerk of the peace for the county where the land is situate. Provisions are then made for the due application of the purchase níoney, according to the priority of incumbrances; which he would no longer permit to be disturbed by the unjust and pernicious privilege of tacking; and the remedy of distress is given in the case of mortgagees and portioners, a novel power) for enforcing the payment of interest. The rules both of law and equity on the subject of Powers would, it is obvions, be greatly contracted by the proposed abolition of all distinction between legal and equitable estates, and by requiring all dispositions to be made directly to the person in whose favour the power is executed. In the chapter relating to Powers Mr. Humphreys suggests other advantages with which his system will be attended. One of his principal objects in this article is, to assimilate appointments (especially as to the formalities in the execution of the instruments by which they are inade) to other legal instruments. No person is to be allowed to prescribe other formalities; and no appointment is to be valid, even in equity, without them. This provision we think will prove highly beneficial: while we acquiesce entirely in the author's canon that ' every abolition of needless distinction and formality affords a correspondent clearness of right and protection against litigation.' We cannot extend our observations on this part of the subject further than by remarking, that one of the most important objects which Mr. Humphreys professes to entertain in this place, regards the now interminable questions on the doctrines of exclusive and illusory appointments, which he proposes to settle by one clear and intelligible principle of provision, to the evident extinction of a great mass of uncertainty and consequent litigation.
Under the head of joint property Mr. Humphreys proposes, that no interest shall pass by survivorship without an express provision. The right, though consonant with the principles of feudal law, he represents as opposed to the present habits of society, and, as such, always discountenanced by our courts of equity.
The rights of creditors (considered as inter vivos) attach upon both the real and personal property of the party indebted, in such
mitted to him by his government, and accordingly he refused to act on their stipulations.
In the first month of the year 1825, nineteen vessels had left that port for the coast of Africa, and twenty vessels, five French and fifteen Spanish, had arrived from thence, having previously landed, within twenty leagues of the Havannah, 5,766 negroes.
In the month of July, four vessels sailed from the Havannah for the coast of Africa, and four returned from thence; the latter having landed upwards of 1,200 negroes on the coast of Cuba. In September, three Spanish vessels sailed, and two arrived, having landed 530 negroes. In November, a Spanish brig landed 480, and a French schooner upwards of 300 negroes, previously to their entering the port of Havannah. In consequence, however, of the steps taken by the French consul, who had recently received instructions from his government, the captain thought it prudent suddenly to depart very early on the morning after his arrival. In December, no less than eight slave-vessels arrived, after clandestinely introducing into the island nearly 2,300 slaves.
Whether the Additional Articles to the treaty of 1817, which were signed under the government of the Cortes of Spain, and which, by the influence of the Duke del Infantado, have at length, in the early part of the present year, received the sanction of his Catholic Majesty, and have been transmitted to the authorities of Cuba for their guidance, will have any beneficial effect, a short time will show; but it is much to be feared that the authority of the government of Spain is very little regarded by the local authorities of Cuba, when its orders are opposed to their interests. Mr. Lamb says, and we doubt not says justly, that the character of the Duke of Infantado is a sufficient guarantee, that what is promised is intended to be executed. But in the mean time the trade increases at the Havannah, and it is notorious, as Mr. Canning observes, that there is scarcely an individual in the department of the local government itself, who is not directly or indirectly concerned in the trade.' The capture of the Zee-Bloem affords a curious specimen of the tricks and frauds by which this horrible, greedy, and inhuman traffic,' as the Secretary of State properly designates it, is carried on.
This Flower of the Sea’ was captured under Dutch colours ; her Captain, Goldwaith, an American, threw her papers overboard, maintaining that these were Spanish, and that she was the property of a Frenchman of the name of Dutocq, of Cuba; 'he had stated but the day before, that she belonged to Mr. John Martin of St. Eustatius; and the owner in the end turned out to be a Mr. Nathaniel Mussenden, a member of the Council of Police of St. Eustatius. Among some precious MSS. found on VOL. XXXIV, NO. LXVIII.