HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0754 and id is 1 raw text is: MACAULAY V. SHACKELL [1827] I BLIGH N.S.
[96] ENGLAND.
(IN APPEAL FROM THE COURT OF CHANCERY.)
ZACHARY MACAULAY,-Appellant; EDWARD SHACKELL, THOMAS
ARROWSMITH, and WILLIAM SHACKELL,-Rrspondents.
[Mews' Dig. vi. 979, S. C. (Sliackell v. Macaulay), 3 L. J. (0: S.), Ch. 27-42; 2 Sim.
and S. 79. Considered on point as to discovery in Wilmot v. Maccabe, 1831, 4
Sim. 263, at p. 265; but see Hill v. Canpbell, 1875, L. R. 10 C. P. 222 at p. 247.
Commented on in Spiinqlead S pin-nig Co. v. Riley, 1868, L. R. 6 Eq. 551 at
p. 561.]
Where a libel had been published, and the person libelled elected to seek his
remedy by action for damages, and to, the declaration in such action, the De-
fendant pleaded as a, justification the truth of the facts constituting the
libel, and filed against the Plaintiff in the action a, bill, stating that the
transactions in question took place in a, distant colony, and that the witnesses
to the facts were not in England, and praying a, Commission to examine
those witnesses, and a, discovery from the Defendant, and an injunction to
stay proceedings in the action until the return of the Commission: Held
upon a. demurrer to the bill in the Court below aad upon appeal that the
Plaintiff in equity was intitled to the Commission and the injunction. But
as to the discovery, the Plaintiff having, in his bill, charged and interrogated
upon facts impeaching the character of the Defendant in Equity, and facts
which might subject him to criminal proceedings, whether such Defendant
is bound to answer any interrogatory which indirectly tends to, establish the
charge, or any interrogatory affecting him with moral turpitude or degrada-
tion of character. Quaere.
Such a bill is not sustainable where it appears that the evidence is not material
to. prove the case at law. The bill ought therefore to shew what are tl.e
pleas at law. But if it refers to them so as to make them part of the bill,
it is sufficient.
To support such a bill it is not necessary to. allege that the witnesses were resid:-
ing in England at the time of the publication of the libel, or have since left it'.
On the lst of July, 1824, the Respondents filed a bill in the High Court of
Chancery, stating that there had been for some years back, and was in the month
of October, 1823, printed and published a. certain weekly newspaper, entitled John
Bull; and that, towards the latter [97] end of the year 1823, a Controversy arose
and took place relative to the State and Condition of the West India, Islands and
the Slave Population there; and that Edward Shackell, as the printer and publisher
of the said newspaper, engaged in such controversy, and published in the said
newspaper, divers articles of intelligence, arguments, and observations, in and
about such controversy; and that Zachary Macaulay had been for many years
actively engaged in divers, societies, professing to have for their object the abolition
of the slave trade, the improvement of the condition of the negro, population of the
West Indies, and the civilization of the west coast of Africa,; that the sajd Zachary
Macaulay took an active part in the aforesaid controversy, on the side opposite
to that advocated in the said newspaper; and that on the 26th of October, 1823, in
the course of such controversy, the complainant, Edward Shackell, printed and
published a. number of the said newspaper, in which is. a. passage in the words and
figures following; that is to say, Of all the papers printed in the metropolis, we
believe we may take to ourselves the exclusive credit of having prognosticated the
evils which have arisen to our occidental possessions from the laudable efforts of
the saints. We alone have stood forward to vindicate the West Indian planter
against calumny and aspersion-we alone have made the struggle in defence of
his character and property-we have called with a, loud voice--we have sounded
the alarm. This, let it be observed, we have done alone, and in opposition to the
powers that be. It cannot but be gratifying to us, therefore, to, find that Govern-
ment have resolved to, send ships and troops immediately to the West [98] Indies,
to protect the lives and property which have been put into jeopardy by the agitation
H.L. iv. 809 26a](ViewImageLocal?handle=hein.slavery/ssactsengr0754&div=1&collection=&method=preview&ext=.png&size=3)