This case a was argued by learned counsel of the common law bar before the judges at Westminster, on the 13th of November ultimo, but the learned judges having expressed a desire to hear a further argument upon the points in question by learned civilians, they met on Wednesday, in Serjeant's-inn-hall, for that purpose. Sir J. Dodson, Queen's Advocate, and Dr. Phillimore, appeared for the Crown; Dr. Adams for the prisoners Joaquim, Ribeiro, Martinos, and Francisco; and Dr. Harding for the other prisoners, Serva, Majaval, and Alves.

The facts of the case may be thus stated :-The [HMS] Wasp cruising on the African coast for the suppression of the slave trade, and having the necessary printed instructions on board for that purpose, captured the Felicidade, a Brazillian schooner, bound from the Brazils to Africa, for the purpose of bringing back a cargo of slaves, and being in fact fitted up for their reception. The capture was effected by two boats of the Wasp, under command of the Lieutenant, upon whose appearance the captain of the Felicidade immediately surrendered, and was conveyed, with all his crew, except four, on board the Wasp. On the following day these men also were removed, and the prize manned by sixteen British seamen, under the command of the Lieutenant and a midshipman, who had orders to sail in chase of another vessel which had then hove in sight. In pursuance of these instructions, the Felicidade, being manned and commanded as a British vessel, and having the British colours hoisted, pursued, and finally captured the Echo, with a cargo of 434 slaves, the captain surrendered, and being sent, together with twelve of his crew, on board the Felicidade. The Echo was boarded and taken possession of at first by the midshipman and eight seamen ; but the former subsequently returned to the Felicidade, which was placed under his command, with nine seaman, the Lieutenant taking charge of the Echo. Within an hour after this arrangement was effected. the Echo's captain and crew on board the Felicidade rose upon the midshipman, and the prize crew under his command, with a view to gain possession of the vessel, and murdered both midshipman and crew. For this offence they were tried and convicted at Exeter, the learned judge who presided having told the jury that the Felicidade was, at the time the murder was committed, in the lawful custody of her Majesty's officers, and all on board of her within the Admiralty jurisdiction.-

Dr. Adams opened the argument, and contended, in the first instance, that the prisoners had been guilty of no act of piracy. But supposing the prisoners had been guilty of the offence of piracy, the seizure of the Felicidade, he maintained, had not been made in accordance with the provisions of the act of Parliament. conforming to the instructions issued to the Royal Navy, under the treaties which existed between this country and the Brazils He submitted to their lordships that these parties had been wrongfully captured and detained, and the step they took to recover their liberty was justified by the law of nations, and by no means prohibited by the treaty between this country and the Brazils. Dr. Harding followed on the same side. He contended that the prisoners had been guilty of no offence against the law of nations, not even supposing they had actually been engaged in the slave-trade, because slave-trading was not piracy, nor was it contrary to the law of nation.

He next submitted to their lordships that they had been guilty of no offence under or by reason of the treaties existing between England and the Brazils. They were not within the criminal jurisdiction of the British empire ; and even admitting that they had committed an offence against the law of nations, it was of much less importance than the crime of murder.

Sir J. Dodson then replied on the part of the Crown. He said it was contended on the other side that because the Felicidade had not slaves on board at the time she arrived off the cost of Africa, she was, not liable to be deemed and dealt with as a pirate; but he maintained that these parties were pirates, and Lieutenant Stupart was quite justified in deeming them such, and directing their capture accordingly.

If, upon examination, the vessel was found to be a slaver, and to have had slaves on board, she was liable to condemnation ; and if it were only on this ground alone, he should contend; that Lieutenant Stupart was justified in capturing the Felicidade for the purpose of examination. After some further arguments from Sir J. Dodson, Dr. Addams replied. Dr. Harding also replied, and the Court adjourned shortly after five o'clock. No judgment is expected to be publicly given ; but the opinion of their lordships will be communicated in the proper quarter. If it be that the conviction is bad, the Home Secretary will be advised to recommend a free pardon; if the contrary, the law will be allowed to take its course when the respite expires.

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