The Sun. — London, England, 1828-02-13 00:00:00

he sot, in his dispute with Mr. Herries, call uphn those Members of the Caimilig Administration with whom he had been particularly united before Mr. Harries was Chancellor of , the Exchequer, for their support against the new competitor for financial dis tinction? And was not that support promised to hi m ? Nay, was he not assured that sooner than lie should be thwarted in his nomination of a fit erson to be Chair man of the Finance Committee, they would all re linquish office ? By what strange proceeding is it, then, that they have actually retired from the Mi niatry upon this very question, and that himself re mains in his old station, the colleague of that per non who se p retens i ons had been the subject of so much complaint ? Will lie say that Mr. Herries has been placed in an inefficient situation in the new .Ministry ?— , and that he has received " guarantees a3td pledges" that the late ChanZellor of the Exche quer shall never more lift up his head against the Colonial Secretary ? And will Mr. Herries ac quiesce in the promulgation of his debasement ? Or will he not jathar imitate the head of the ilew Mi nistry, and, with but a slight change in his words, say, " From the moment that I received the Mas tership of the Mint, I determined strictly to perform all the duties of that important and laborious offide: bvt I have not been asked for guararitces; I have made no such guarantees to these Nvhose assistance and support we have received in carrying on the service of his Majesty's Government." In truth, a much more embarrassing explanation than that at Liverpool is approaching. The *lion upon that explanation will be unalterable mid final.—lbid. Some sharp discussion took place last night on the subject of the Estimates. What excited most remark was a declaration by Mr. Peel at variance with a former one by Mr. Eusicisson, respecting the powers to be given to the Finance Committee. According to Mr. Huskisson the Finance Coin mittee " should not go to the extent of existing establishments." But if Mr. Peel's speech is'to be taken as the law, nothing is to be sacred frcim inquiry. We shall see`--Morning Chronicle, We observed vesterday, that the statements made in the House of Lords on Monday night could hardly fail to call forth additional statements. It is understood that the personages i i the politital drama which has lately been acted, viloss acetie is is the House of Commons, will in lee their com munications on Friday next. Tint' Mcilion for the Finance Committee, by Mr. 'Peel, wil furnish an appropriate occasion for entering on this subject. Nothing could be more p ra i sewort h y then the tone of candour and moderation which characterised all that fell from both Lord Goderich and Lord Lans downe. They are, however, ex-parte statements, and it would hardly be fair to pronounce decidedly on the subject,till all the statements are before the world. The candour and ingenuousness apparent in Lord elnderiell'a speech, and the acknowledged openness and sincerity othia character, naturally create a prejudice in his favour. - It is at the bathe time but fair teeeemark, that from his own spewing there was a want of promptitude and dtcision at the outset of the difference about - the appointment of the Chair man of the Finance Committee. He shiculd ha 6 tetollected that he was the heed of the Ad ministration, and when he saw that =brake had been taken at the communicating- with Lord Althorp before communicating with the Minis ter whose department gave him a material in terest its all matters relating to Finance—instead of dilly-dallying with Mr. Iterries and Mr. Huskisson, lamenting . this and lamenting that, fruit ing that they would tome to an agreement and so forth, he ought to have taken measurel'fbi• deter mining at once the point at issue : The course of Lord Goderieh would have been highly proper 'among independent individuals, towards whom he stood in the relation of a Common friend; but he was in a sittiation in which he was entitled and even called upon. to act decidedly, instead of looic ing ou in a helpless state while the Members of Ills Cabinet were carrying on hostile correspondences, and intriguing and counter-intriguing against each other. Mr. Huskisson has had the most difficult ceird to play ; but if we may judge from the feeling of all parties towards him, he has not played it sue oessfully. He had to please the friends of Mr. Can ning, and to please his enemies ; he had to pleas e the Tories, whutu be had joined, and yet not offend the Whigs, who quitted plate nit -account of his ir reconcileable quarrel with the individual with whoM he joined hutnediately afterwards—he had to pre serve his reputation w i t h t h e country, for whisk he vae indebted to his steady perseverance -in certain measures, and to shots; that in joining the opponents of his system lie was not abandoning it, and yet to give no offence to allow former opponents and present allieszabrakexhibiting them -in the light of throe ing themselves submissively at his feet. .In not one of these objects has lie been successful. Notwithstanding his laboured and somewhat ful aotne attenipt , toeconciliate the friends of Mr. Can ning, by a reference to the - profound grief.of the sen sitive peasants of the various countries- through which he passed, on the death of that Statesman, he has n o t sat i s fi e d t h ese f r i en d e; w hil e, on the other' baud, by dwelling as he did on the change in the foreign policy of this country, effected by Mr. Can ning, he eould'uot fail to give mortal offence to seve ral of his colleagues ; as, for instance, Mr. Peel, who justified the invasion of Naples by Austria, and de nied that Mr. Canning had in the least departed from the course chalked out by the late Lord Lon donderry,---and to Lord Ellenborough, who with the present Lord Londonderry, hated Mr. Cannino with no common hatred, and loudly condemned foreign policy. His praise of the Whigs could not possibly blot from their reeollecctieti his abandoning them, after he had broken up the . Administration of which they had formed a part; while, at the same time, the Tories could hardly fail-to perceive, in his anxiety to 'account far his quitting the Whigs, some thing like an apology for his joining themselves*. Again, his removal of the fears very naturally enter tained by the people as to the pernAanence of the system to which he owes his reputation, on seeing him in alliance with the declared enemies of that system, could only be effected by declarations amounting to a claim of superiority over hi s col leagues; for it. represented them as giving hint an assurance (if not a guarantee) of their abandonment of their own opinions and adoption• of his, thereby declaring either that thsy'') rofessed opinions i n th e i r late o pp os ition which they really , did not entertain, or were i n different to the opinions which they wre to advocate.. We really. 4e inclined to believe Mr. Hustisson's account of the guarantees, is pre ference to the Duke's version. The real motive, Perbal: for the Di i k e 's anxiety to obtain Mr. Huskisso n , was not so much a wish to ac quire for hi s Adiainistration th e re p utation which it would d er i ve fro m - his system,- or even his talents. But if Mr. 'Huskisson were separated front Lord Lan:,dowit a n d and Mr. Tierney— and if Lord Dudley mid M r . Grant would probably be determined by the decision of Mr. Huskisson, the perplexity ii i r the the fr rani% of the opponents would be et favourable ot' the Reiv - Admi nistration. We may be Wrong; but we s uspect his G r ace, with all hi r, single-mindedness, has been putting in practice a maticeuvre, borrciived from his old profession against the Colonial Secretary. We do not se e how, aTter all that had tali an place in the Rouse of Lords—after is Grace's %anus blundefs Amendments to- the Cortriai ll in moving destruc tive which-h et a a b • principleof the nus e lf sp .. knowliee s e proved, without probably one W hi t more of the Anienduient-0 of the principle - . than on Mr. for ues lac "could coolly determine to !.'it , Huskisso nr , ii.s the pni'pose of asking hilo o P ea r ".' trY with s , ms mina to satisf scut having . pteviouslyAide - - so • ~ derived eputation wes y. the Colonial Secretary;'w h o se from his perseverance in a ! patt_eul4r system, that that reputation wou ld h e **de under the new Admi nistration, exc e pt on t h e suppos ition that Mr. Hus kisson was utte r ly indifferent as to reputation , and to every thing but pl a c e . It wou ld h ave been an insult to Mr. Huskisson to have opened the matter with out satisfying him on this point. It wa s n atanial, too, that Mr. Huskisson should swalloW the bait, not seeing why it Should be wished to gain him for the new Administration, except with .a view to profit from his reputation, and conscious that without his re putation he _could be of no use to it. It was.not so likely to occur to hint as another, that he was wished for, not so much for the sake of his reputation as to damage it, that he might not be able to turn-if against them. The Duke might, hOwever, setretly intend to adhere so far to the stiptilation as to sup port Mr. Huskissoia but then the communication of the nitwit Of the stipulation to a public meeting, in voked such a humiliating deference, on the pert of his colleagues to his virtites Atid abilities, that the Duke had 'no 'Alternative, but to appease their tvounded self-love by sacrificing Mr. Huskisson to them, after his retreat was in a great measure cut off. It was clear that the Duke and his colleagues had been rehearsing their ri , .th before coming down to the House. LoOntidleyand his Grace sung:the same song; rePeating the ‘c stipulations" and " guaran thes• He admitted there had been a little conver sation before he struck the bargain ; that the union had not exactly taken place in the way that Horace Walpole supposed would prevail in marriages in the course of a generation or two, namely, by dispens ing with all previous talk as superflubtis—but main tained stoutly that there het, been no covenants or stipulations which implied a distrust either of the soundmns of- views, or the honesty of each other. It was a regular lecture read to Mr. Huskisson, :who must pay the penalty of his former favour with the nation, by patiently pocketing the affront to which it has subjected hitti. It is most amusing to hear the constructions put upon former declarations of appro bation or disapprobation. Lord Clanricarde referred to a declaration of Lord Dudley made last autumn, that he would never consent to take dice with those who had persecuted to death his late friend (Mr. Canning). Lord Clanricarde should have remembered the story of the Ephesian Widow. It would a dreary world this, if private or political grief or hatred were to stand for ever in the %Vay of future arrangements. Mr. Canning is now dead, and Mr. Canning's enemies are alive the former can be now o f no serv i ce to Lord Dudley, while the latter tan. Besides, hiss, Lordship made the declaration in auger,. and lie objected to the plea of the sacred duty of immortalizing hatred. Be sides, Mr. Canning had hiniself forgiven his bitterest enemy, and consented to act under him ; an d h e owedit to Mr. Canning's memory to profit by his example, in forgiving Mr. 'Canning's enemies, and acting with them. It is proper that the ptiblic should understand that the declarations of public men of approbation or disapprobetiOn, hostility or friend ship, ought to bolimited in application to the time of delivery, and to be no longer binding. Passion and perpetuity are a contradiction. When the lover says tg his mistress, I "shall only cease to love you with 14 life"—when friend vows eternal friendship to friend, they must both be understood to mean no more than " the present moment," for the future has its own laws. Opinions, declaration, profes sions, are all therefore to be understood as carrying no more of reality with them, than what is neces sary fur carrying on the drama which is acted for the time. - The belief in the reality should never be car ried farther than what the critics state to be necessary for the purposes of theatrical illusion. It may be very necessary to say to-day, I detest that man ; I vow to God I hold his principles in abhorrence ; and it may be as necessary to-morrow to defend the man and his principle's. Nothing is certain except that all things have an end, and it would not at all.surprise us ; if some of the lately-formed connections have a speedier end than those which preceded them.— Morning Chronicle. The striking coincidence between the view which Mr. Brougham took of the practice of special plead ing, in his last celebrated speech, and our own pre vious expositions of that subject, as it affected the administration of the laws, could not have escaped the observation of our readers. The coincidence be tween his arguments in contravention of arrest for debt on mesne peoces, and those which we have used relative to the same question, is no less remarkable. We have repeatedly brought this question before the public, we have contended that the practice ought to be abolished for many reasons, but princi pally on, the ground of its cruelty, whiefi confounded the Unfortunate man with the criminal—its absurdity in rendering the debtor, who was unable to pay, but not dishonest, incapable of retrieving his affairs, by .4lragging hint from his home and employment, and shutting him up in a prison —,its mischievous conse quenCes to :society in general, by inducing trades-. people and others to give unlimited credit, consider ing the body of their debtor pledged for payinent, whereby they suffered great losses, and seduced improvident customers into ruinous extravaganc e . Such was our reasoning on this subject over and over again, with the hope of making an impres sion upon the Legislature favourable to the reform ofso great an evil. When the Solicitor-General brought a Bill into the House last Session to dispense with the taking of special bail in cases where the debt did not amount to 20/. we advocated that Bill, I because it introduced sonic improvement into our laws, although we declared our own opinion to be opposed to arrest for debt on 771C.511C proces alto gether. We do not recollect that any Member of Parliament at that time, except Mr. Hume, declared himself to be of the same opinion; even the " pa triotic" Mr. Hobhouse, who has so often declaimed about the " liberty of the subject" in Palace-yard, and so often toasted the same liberal sentiment at Westminster dinners, thought the Solicitor-General was making a dangerous innovation upon the old imprisonment system, and predicted most unhappy consequences from such a liberality of concession in a Law Officer of the Crown. The Bill, however, passed into a law—and, limited as its operation is, tit consequence of the smallness of the sum to which it was confined, yet it has already been productive I of a great deal of good. To abolish arrests for debt on 11WIne proces altogether is a part of the proposed amendments of the law by Mr. Brougham—at least, as far as his speech, on moving for a Commission of Inquiry, may be considered indicative of his intentions. How does he treat the subject ? We shall quote his own words—': Why," the I Learned Gentleman says, " should a man be arrested lon »mane proces at all? (Such a question, per ' haps, Mr. Hobhouse can resolve.) Is it right that on the oath of a party who swears that he owes him 1.51. (the sum is 20/.) a man shad be dragged from his home, wife and children, and from his coun try ? Is this right ? But such is the law, which strangely enough proceeds on the supposition that a man who owes money—be it a small or a large sum, be he able to pay it or be he not--always intends to run away; that is the principle of the law. Are ye reasonable legislators ? Do ye legislate like men of sense, of humanity, when you make laws for, or rather I should - say against all men, because the case of one single man may, perhaps, justify such laws? That is not wisdom. Ye ought rather to determine to -make the tr a d es m en less easy in giving credit. Tradesmen are seduced into giving credit by the facility, as they think, i n recover i ng the amount of their bills. There is a competition among them who shall give credit, to needy destitute persons ; and the consequence of doing so is, t h at t h ose w h o pay h ave a del credcrc tax levied on them, proportioned to the losses of their insolvent customers. " Such is the rummerin which Mr. Brougham, in a speech that will do him more honour than any that he has ever delivered in Parliament, treats the practice of arrest f or debt ; nor do we think the worse of his argu ments on this subject because they are our own.— Morning Herald. The attempts of the Whigs to defend the Treaty of the 6th of July, are the most amusing specimens of fatuity which we recollect to have seen. They flounder and roll about in the most ludicrous man ner imaginable ; they cannot advance a step in their argu ment w i t h out tram pling upon some of their for mer principles and professions, without misquoting or misapplying history ; but no matter, the treaty has obtained the name of a liberal treaty; certain Whi„..s in place had a hand in the framing of it; and it is therefore to be defended for the honour of li berality and Whiggism at all hazards. . It is impos sible to forget•the zeal, the fury rather, with which, not longer than three or four years. ago; reiery man of the party contended for the principle that no Go vernment'has a right to interfere in the internal af fairs of another, or. the unmeasured abuse which they poured- forth upon•the Emperor of Russia, the Emperor of Austria, and the King of France, because: those Monarchs did not in practice yield unqnalified obedience to this paramount and indispensable laws And It . is equally impos sible to contrast the stormy . declamations of that period with the language they now hold in re gard to this same principle without the strongest feelings of contempt and disgust towards the whole party. Their minds are now upon the rack —every man of them is now taxing his ingenuity to the ut most to imagine evasions and qualifications • of this their supreme and inviolable law of the other day. It is rather a curious enquiry how much of the value of the principle for Nv hi ch the Whigs argued with so much zeal, and vituperated with so little decency a year or two ago, would remain, if the limitations and exceptions for which they now contend were ad mitted. Lord Carnarvon the other night cited the exanvle.of. Queen Elizabeth, who afforded aid to the Huguenots of France and the Protestants of the Low Countries, when in rebellion against the French and Spanish Crowns, with which sbe nevertheless remained in amity.. They were fighting for religio us liberty, says his Loidship, as the Greeks are fighting now. The anxiety of, the Noble Lord to maintain his parallel has led him into a slight inaccuracy here— the Greeks are not fighting for religious liberty so much as for national independence. This is however comparatively unimportant ; but this Whi g Lord either forgets, or does not know, that the amity between the British Queen and the Monarchs of France and Spain was a simulated amity on all sides; that the parties were really at war, although they permitted each other by a sort of tacit, agreement, and for the common convenience of all, to wear the mask of peace ; and he intends to convey the idea, for otherwise his precedent. would be without mean ing, that apait from all other- considerations, and . - upon the ground inerelY.ofthe revolt in France and the Low Countries having originated in differences of religious faith, the Queen of England would have had a right to assist the insurgents. Here then.is one very large Whig exception to the principle of non-interference. Another exception to .this prin ciple of non-interference arises, - . according to the Whig doctrine of February, :IS2B, (for we must date the doctrinces of the ,Whigs by menths, or we can have little chance of being accu rate), whenever the contest ;between rebel sub jects and .their - Monarch i s attended with acts on either side revolting to humanity. This is an exception which at once annihilates- the rule, for. we do not recollect an instance of popular revolt, nor is one likely to occur at any future time, in Which acts revolting to humanity have not, or will not be committed. Another of their exceptions is, when the struggle between a Sovereign. and his rebellious Subjects has lasted too long, although they do not deign to fix the precise term of limitation. The last of their exceptions which we shall notice is the most curious of all. They say, almost in .o many words, that when one powerful Monarch has expressed his determination to interfere, or apprehensions of his interference are for any other reason entertained, the rule from that Monarch lose's' . its authority over all other Governments whateier. We have rather understated this ; for, according to the -Whigs, the mere probability that Russia would one day or other determine to interfere, is sufficient to justify' the immediate' interference of France and, England. If these comprehensive ,limitations and exceptiOns are allowed, we should really be glad to know, and we hope some Whig ,casuist will hasten to ,inform us, to what class of cases the rule, in support .of which the: Whigs ex erted themselves so ingeniousiy a Omit time ago, is henceforth to be applied. -With respect to the ex planations which have already taken place upon the subject of the dissolution of the late Ministry, we have for the present only to repeat, that they corn pletely bear us out in every thing which in the first instance we advanced upon those interesting occa sions. And, as still further explanations will pro bably be called for, in consequence of the guarantees stated by Mr. Huskis3on at the Liverpool Elec ,tion to have heel] given as the conditions of his acceptance of office in the present Administra tion, we shall now content ourselves with re peatiog what the glorious Wellington, with that manly openness, and candour for which he is •so highly and justly distinguished, said upon the subject, in the House of Lords on .Monday last.—" Is it to be supposed (observed the Noble Duke) that the Right Hon. Gentleman (Mr. Euskisson) ever used such expressions as were ascribed to him at the Liverpool Election ? If be had entered into any such corrupt bargain as he was represented to describe, he would have tarnished his own fame as much as I should have disgraced mine. It is much more probable, though I havenot thought it worth my wh:le to ask for any explanation on the subject, that my Right Hon. Friend stated, not that he had concluded any, wholesale bargain with me, but that the men of whom the Government is com posed are in themselves a guarantee to the public that their measures will be such as will be conducive to his Majesty's honour and interests, and to the happiness of the people."—(Hear, hear.)—Morn ! ing Post. The debate of Monday night, in the Lords, was ostensibly on the battle of Navarin, but in reality on the battles of the late Cabinet. Lord Carnarvon mo ved for papers touching the " untoward" collision of the Christians and Turks, and was furnished by Lord Goderich with a full and particul!tr account of the collision between Mr. Huskisson and Mr. Her ries. It will be fresh in the recollection of our rea ders, that Mr. Huskisson, in his explanation at Li verpool, approached very slightly the cause of the dissolution of Lord Goderich's Ministry, which arose, he said, out of certain occurrences that took place in December last. Those occurrences, which took place, not in December, but in October last, were fully stated by Lord Goderich, and the state ment is curious, as being diametrically opposite to that which was studiously propagated by Lord Go derich's friends at the time when the disputes in ques tion were going on. Mr. Huskisson it appears named Lord Althorp to all his colleagues, with the excep tion of Mr. Ilerries, as the person whom he wished to be Chairman of the Finance Committee. He also, in a general way, requested to know from that Noble Lord whether he would accept of the honour that was intended to be put upon hini. After the matter had been talked of and discussed, though in such a way as not at all to bind the Cabinet, it was mentioned to Mr. Herries, to whom, it is admitted, it ought in courtesy to have been communicated before, Mr. Ilerries did not, it seems, at first speak very decidedly on the point, but having given it a night's consideration, he found ins not having been informed of the nomination so very objection able, that he sent to Lord Goderich a tender of his resignation, rather than allow it to be carried. into effect. Lord Goderich prayed and entreated Mr. Herries to reconsider the case, but could obtain no answer but the tendered resignation. He then turned to Mr. Huskisson, and found him as obsti nate in supporting Lord Althorp as Mr. Herries was in opposing him. Now, what could Mr. Canning have done in such a case ? We believe lie would have at once dismissed that one of the disputants with whose services he could most easily dispense. What would the Duke of Wellington have done ? We believe that he would at once have dismissed them both, judging, perhaps most wisely, that those who were unwilling to leave such a trifling point to the decision of the majority of their colleagues, were not likely to gire strength to any Cabinet. What of Lord Goderich ? He rode dawn to Windsor to complain to the King of his two naughty friends, as if his Majesty were to.interfere to bolster up a Mi nister's weakness and indecision, in every petty case of misunderstanding among the subordinate Mem bers of Government. His Majesty finding that Lord Goderich had not firmness to make the office of Premier respected, was necessarily called on to look round for one who, when his colleagues chose . Ao be unreasonable, or to fall out with one another, had head enough and heart enough to apply the r medy which their folly or their wrangles. required... or . 'the most curious part of the eventful history, how ; ever, remains. Both the Gentlemen who had quar relled, and tendered their resignations, on this all important appointment of Lord Althorp, remain quietly in the Cabinet and Lord Goderich, the peace.maker, quits it. It was impossible, however, although Mr. Herries and Mr. Huskisson might be content with the matter thus, that the world would not regard such a termination with jealousy ; and this, Mr. Huskisson, when he appeared before the good people of Liverpool, discovered. His, explanation there was quite as unique in its way as Lord Gode• rich's has since been. According to Mr. Huskisson, the Duke of Wellington and the whole of the Ca binet were bound to follow at his beck, on pain of being sent about their business sans ceremonie.— He had guarantees, he said, to that effect ; and, with these in his pocket, he was, in fact, Prime Minister of England. The Duke of Wellington does not seem to have relished this strong mode of talking, and on Monday gave to Mr. Huskisson, something very like a-direct denial, by asserting that no gua rantee, save the guarantee of his character, had ever been asked or given. Between Mr. Huskisson and the Duke of Wellington, few will hesitate which most to credit.. The former seems, indeed, to have been fully aware ..of _this, and that, in fact, the time was come:for another trial of strength, for, yes terday, we are assured, he gave in his resignation.— We rather think, however, that he will find that he has no Lord Goderich to deal with now. He will not come the old soldier over the Duke. His resig nation, if really tendered, will be eccepted,. and his place supplied. IndeOd whether he has resigned, or whether the rumour he a false one, there .can be - but little doubt that if the Duke wish his Govern ment to be firmly fixed on public opinion, after, what has taken place, he must gratify the olonies by looking for another Colonial Secretary.—New Times. The step lately taken by the Country Bankers in laying their 'grievance before the First Lord of the Treasury and the Chancellor of the Ex chequer, is one which a due regard to the protec tion of their property imperiously demanded. Threatened as they are in their most vital interests by irruptions of a gigantic monopoly into their re spective provincesoio time is to be lost in making a vigorous stand, if they wish it to be efficient. It is even too late for them to confine themselves to the defensive. They must not only resist, they must repel. They must not only preserve, they must re deem. The enemy is not only gathering his forces— he is not only - forming Armies of Observation,wliich may be turned afterwards into instruments of inva sion and conquest—he has already entered and esta blished his quarters -in the heart of their dominions. Branch flanks occupy the vantage ground, and a chain of posts is thus already formed to circumvent the whole land, and to enthrone the Threadneedle street monopoly on the ruins of the most ancient, the soundest, and the most respectable private bank ing -houses; for, in a contest carried OR in that man ner, neither length of duration, stability, and extent of means, nor unimpeached and unimpeachable cha racter, can contend, single-handed or divided,against an united body, 'rooted with exclusive rights and privileges in the metropolis, and stretching forth its gigantic arms in all , quarters to possess itself of all the active industry and circulating riches of the land. This is a subject of great importance both to individuals and to the country, and one to which we shall have occasion to revert more than once, in a more decided and comprehensive manner than our present space allows.--,lbid. LAW INTELLIGENCE. counT OF CHANCERY, FEB. 12. IN THE HATTER &F A WARD OF COURT. Mr. LOVETT informed his Lordship, that affidavits had been since. fled, verifying the statement, made yesterday respecting a young gentleman who had married. a- Ward .of Court. The Lorin CI;ANCELLOR directed the parties to attend him in his private room at the House of Lords, at five o'clock. • Ha would in the meantime read'all'the affidavits,' and be prepared to deliver his opinion upon the case: THE LUDLOW AND LEOMINSTER BANKS. EX-rARTE BURLTON, IN THE AIATTER OF COLEMAN ANS OTHERS, BANKRUPTS. a a This matter, which was argued originally before Sir A. Hart, and again before the Lord Chancellor, previous to the Christmas holidays, was disposed of in judgment on Monday by his Lordship, and which, but for want of room, we should have given fully when it was delivered, as there is not only a new point in it, but it is of considerable mercantile im portance, and of great consequence to many parties in the West of England. Thomas Coleman and Edward Wellings carried on the business of bankers at Ludlow, under the firm of Coleman and Wellings. Coleman was also a partner in a banking establishment at LeOminster, carried on under the style of Coleman, Morris, Alorris, and Morris. A commission of bankruptcy issued against. Coleman ,and Wellings, and soon afterwards another issued against the other firm. The object of the petitioners (the assignees under the bankruptcy of Coleman, Morris, and others) was to have the Lud low commission superseded as far as regarded Cole man. Though it was the practice, in a case sufficiently made out,oil an application to the Court, to supersede a separate Commission, and to consolidate the separate estate with a joint one, the new question was whether, as was sought in the present instance, a joint commission against two could be superseded as to one of those two, in favour of the joint estate of four partners; that one of the two against whom the, commission was prayed 'to be superseded being' a member of the larger partnership, though the other had no connexion with the larger firm. It was con tended that the late act of bankruptcy gave the Chancellor the power of complying with the prayer, and, His Lou:milli', in disposing of the matter, said— " I have read the affidavits in this case. It was the case of a commission sued out against Coleman and Wellings, partners in a Bank at Ludlow ; there was another commission sued out against Coleman, Mor ris, and other partners, in a Bank at Leominster.— The commission against Coleman and Wellings had priority. The application is to supersede the commission of Coleman and Wellings, as far as relates to Coleman. Now, in ordinary cases, where there is a separate commission and a joint commission, if it is for the interest of all parties, concerned, the separate Commission should be super seded, in order that the joint Commission may be in operation—it is a matter of course to do that, if a sufficient case is made out. No instance has ever occurred of an application of this description. The answer which is given to that is, that it would have been impossible to have made such an application before the Statute of the Gth of , George IV.; a nd reference has been made to the 16th section of that Statute, as a section by which the power is given to the Chancellor to supersede a joint Commission, as far as relates to one partner, without making the Commission void. By the operation of that clause, it is stated that the Chancellor has the power to do what is prayed in this instance. It is unnecessary, however, for me to give any opinion as to whether or not the Chancellor has the power to do that, because after reading this case, and the affidavits, I think a sufficient case has not been made out to warrant the interference of the Chancellor in tile way in which it is prayed, even if he had the power. It is stated on the part of Coleman, Morris, and others, that no joint debts have been proved against the estate of Coleman and Welline-s. Id an swer, how ever , t o th a t, it is sworn tnat joint debts to the amount of 78,0001. have been proved under the commission ; that a dividend of 4s. in the pound has been actually paid ; that there is a suit in Chan cery actually now depending, under which 13,0001. or 14,0001. of debts have been proved before the Master ; that many actions at the suit of the assig nees; under the commission of Coleman and Wellings, are pending, and that there is a claim made by the assignees, under the commission of Coleman and Morris, against the estate of Coleman and Wellings, to the amount of 14,0004, Which the Commissioners under Wellings and Coleman's bankruptcy have not yet allowed. Under these circumstances it appears to me, even if I were disposed to say, on the arguments addressed to the Court, under the statute of the 6th of George IV., that the Court had the power of doing what is prayed, and which the Vice Chancellor when the matter was before him. thought the Court had no power of doing, I should .not exercise 'a sound discretion if I were to comply with the prayer of this petition. I think the effect of complying with the prayer of this petition would be to create great difficulty under the commission of Coleman and Wellings, and to involve the whole of the affairs of the estate in inextricable confusion.--- The -only ground.. on which this petition is supported is, that contracts• have been , entered into by the assignees of Coleman and Morris for the sale of the real estates of Coleman. Now, at.the the assignees entered into those contracts they - were fully aware of the situation in which Coleman stood, therefore,if they have entangled themselves hi that respect, hey muse take the consequences; but it is a sufficient answer to that to say, that in the affida vits it is stated that no, application, has ever been made by the assignees under the commission of Cole man and Morris to the assignees under the commission of Coleman and Wellings, to join in those contracts, and that they state in their affidavits they are willing to do whatever is required of them, and proper to be done. I therefore think the ground on which the application has been made entirely fails, and without giving -any opinion with respect to the Vice Chancellor's judgment, I am of opinion that this petition cannot be sustained. Mr. BICKERSTETII then applied for the costs on behalf of the assignees of Coleman and Wellings', and His LORDSHIP ordered teem to be paid out of the joint estate of Coleman, Morris, and others. WELLESLEY V. THE DUKE OF BEAUFORT. Mr. HORNE applied to-day for an order, directing the Master to proceed de die in diem with the in quiry which had been ordered in this case, respect ing the maintenance and education of Mr. Welles ley's children. It having._ been intimated to the Court that Mr. Wellesley intended to appeal to the House of Lords against the late Lord Chancellor's decree, and as it was likely that the appeal would soon come on to be heard,. the Court directed that the prosecution of part of the inquiry should be Sus pended ; the consequence of this suspension w as , that a petition was presented on the part of the in. fant plaintiffs, on the 26th of July last, stating that it was highly expedient that they should proceed to Eton under the care of Mr,,,Pitmen„ their private tutor. Upon this petition it was referred to the Master to report a plan of education, to state the amount of the allowances necessary for . their education, and the funds from which the money was' to be taken; and in order that the inquiry might proceed with as little delay as possible, the Master was at liberty to pro secute it de die in diem; h e, was also at liberty to make separate reports froM time to time; Upon theie matters. His Lordship then seemed to . think it of great consequence that the children should Ise educated at Eton, and so desirous was he that the report might be soon made, that he had, in effel, commanded the Master to prosecute it de die in dici,, although in the usual courteous language of the Court, when addressing its officers, the Master was told that he was at liberty so to prosecute it. The petition upon which this order was made was heard in August last, and yet up to this hour the. Master had made no report. The Misses Long had, how ever, in anticipation of what the Court would , ulti mately. do, sent the children to Eton on their onni authority. Mr. Pitman accompanied the boys, and this- was deemed necessary even in the view which their aunts took of the case. It unfortunately happen, ed that in December last, Mr. P. was obliged, from ill health, to quit the children at Eton, without evils' communicating the circumstance to the head-master; neither was ,Mr. lions _Wellesley informed of it.— Mr. Wellesley having, by the assistance of lads friends, procured Mr. Ebden, a Fellow and Tutor and Junior Master of Trinity Hall, to undertake the office of private tutor to his sons, went in before the Master-with a statement of facts,-and a proposal that Mr. Ebden Should - be appointed to the situation, which he had `consented to accept. The other site were perfectly apprised of Mr. Wellesley's . intention to urge the Master to prosecute the inquiries with all possible speed; and that gentleman took °tau warrant on the 15th of January. On that day Mr. Nirellesley's solicitor attended, but no one appeared for the opposite party. Another warrant was taken out for the 22d January, when their solicitor's clerk attended, and asked time to bring in proposals. This was objected to on the part of Mr. Wellesley, but the • objection was over-ruled, and time allowed. This might all be perfectly conformable to the prac tice of the Court, but he (Mr. Horne) put it to his Lordship to say whether these ladies, who were the authors of all these proceedings—who had clothed themselves with parental power—ought to have lost a single moment in making the necessary inquiries as to the character and competency-of Mr. Ebden. The LORD CHANCELLOR said that no man could be more competent than Mr. Ebden. His Lordship asked where the children now were? Mr. HORNE replied, that they 'had lately been sent back to Eton under the superintendence of a Mr. Dawson. This step had been resorted to without asking for the sanction of the Court. The Learned, Gentleman, in conclusion, entreated his Lordship to enable Mr. Wellesley to provide a competent tutor for his children, and thus to fit them for that station in society which their rank entitled them to. Mr. Bats followed on the same side. - The ATTORNEY-GENERAL opposed the applica,- tion, and entered into a long defence of the conduct of the Misses Long, who had a - elected, in Mr. Daw son, a gentleman of great aegnirements. He con deinned, in strong terms, the affidavits made in sup port of the application. So far, was their• . hostility to the Misses Leng carried i .that they-actually charged, by implication, these ladies with afflicting Mr. Pit man with that illness, which made him turn his bac* on Eton with so much haste, as if these ladies had actually vaccinated him with consumption--as if they had operated on his system with the view of pro ducing a pulmonary affection. • The Loan CRANCELLOR thought that the appli cation, if granted, would, in some measuie, cast Ten: sure on the Master. He therefore thought it would be.only proper to speak with the Master before any order was made. A long discussion took place between the Counsel on both sides, as to the usual practice in such cases, and . it was finally arranged that the application should stand over until the Lard Chancellor had an oppor. tunity of speaking with the Master on the subject. COURT OF KING'S BENCH, FEB•_l2* a criminal information The THE KING ISSIEER:GYEDAIENTVTAraIrisIa•Iv owe against a rule obtained by Sir James. Scarlett, calling upon n t t h r e y, d t e o fe sh nd e a t n v t e s 2 , u t s vc e .o u r ,h e y spectabl e booksellers of should not be filed against them for publishing certa i n statements reflecting on the character of the Mayor and Corporation of that city. He was instructed to say, that the defendants were willing to acknowledge they could not justify the publications they had put forth, And also to state that they were ready to wake a proper apology for their conduct. Sir J. SCARLETT was satisfied his clients -would take his' advice, and accept the apology. offered, but he could not accede to it without first consulting them. • Lord TENTERDEN.....The case may stand over till SE LECT VESTRIIS.--COLDING AND °TorRS V . FEN N. nex t term. This case, whi c h it w ill b e re membered involv ed the question of th e ex i s t ence of a select vestr y in the parish of St. M art i n ' s i n t h e Fields, has been twice before a jury, and on both occasions verdicts were found in favour of the existence of the select vestry. A new trial was moved for, on the ground that 'the . Custom was bad and void, as the number of the vestry, was not limited, and that it had been diseentinued, and was therefore void. Lord TENTERDEN WAY gave the judgment bf the Court. 'Whey were of opinion that both the objec tions must fall to the ground, for it • was • not requi site in law that the number of the vestry should be fixed, and, on the contrary, that it -might be highly convenient that the _number should vary with the varying wants of the parish. The second objection to the verdict, viz.: that the custom had been dis continued, must also fall, for the Court did not think the custom broken by variation in the number of the vestry, nor was it broken by having acted on the faculty, and was competent in the vestry, without any authority, to increase or diminish its own num bers. The rule for the new trial must therefore be discharged. THE WING V. THE LIVERPOOL DOCK COMPANY. On the motion of the SOLICITOR-GENERAL, the rule obtained by Mr. Brougham for a Mandatory( in this case, was enlarged till next Terrn,_od the ground that a third party, viz, the. Crown in light of 'the Duchy of Lancaster, had made a claim to the pro perty in dispute. TOR KING V. BROOK. Mr. TAUNTON appeared on behalfof Mr.• Brook to oppose a rule obtained by Sir Tames Scarlett to shew cause why an information, in the nature of a quo warranto, should not be filed agaitist chew by what authority he exercised the office of Master of the City of Wells. It had been stated on the other side that his client had not been sworn into his office, for that no record to it was to be found in the proper books. Now, he had numerous affidavits, which proved that Mr. Brook was actually sworn in. Lord TENTERDEINIThe best way will be to let the rule be enlarged until next , term s mid for the Master, in the meanwhile, to inquire into the fact of the swearing in. SECON U E.DITION. SUN OFFICE, Six o'clock. IM PERIAL PARLIAM ENT HOUSE OF COMMONS. The SPEAKER took the Chair this evening at the usual hour, there being exactly 40 Members present. Sir CHARLES WKTRERAL and Lord BRECKNOCK took the oaths and their seats. Mr. HELY HUTCHINSON presented a peti tion from the merchants of Cork, praying for leave to bring in a Bill for the improvement of the butter trade of that City. General GASCOYNE presented a Petition from the Owners of Steam- - easels in the., port of Liverpool, praying that a regulation -may be made with regard to pilotage as connected with steam vessels. Colonel DAWKINS presented a Petition from the Cornfacters, Farmers, and other Inhabitants of Boroughbridge, in Yorkshire, in favour of the Ayr and Calder,Navigation Dill Mr. LOTT presented a Petition in favour of the Bill, for regulating the Fisheries in the river Tay. Mr. , LOTT also presented a Petition. from the Protestant Dissenters of the Baptist Chapel of Ho niten, in the county of Devon, praying for a repeal of the Test and Corporation 6aths. Mr. MOORE-moved for a return of the quan tity of spirits warehoused in Scotland.,and Ireland during the last two years, and . also. othec returns connected with the spirit trade in chose, countries. Mr. JEPSON presented a petition from the Catholics of Ballynamoe, praying for emancipation. Mr. PORTMA.N presented a petition -from the Protestant Dissenters of the •014 Meeting House in Dorchester, in the county of Dorset, praying for a repeal of the Test and Corporation Acts. He also begged leave to take that Opportunity of stating, that the petitioners were quite favourable to Catho lic Emancipation. • 2 Mr. LEONARD presented a petition from the Protestant Dissenters of Maldon in Essex, praying for a repeal of the Test and Corporation oaths. Mr. GRATTAN moved for return s of the.number of Bank of Ireland Notes in circulation-4n such quarter of the. years 1825,1826, and 1827,--Ordered. Mr. CALCRAFT preiented a Petition of the Protestant Dissentera ot Durham against@ the Test and Corporitinn Act.. t s e h d es in Ireland, o P f A s ß om N e E o L t L he p r re i s m e r n i the. Roman Catholics of Kildare, county o f West meath,Sir H a E n d N a R I soY The same'Member moved for leave to give notice of a motion for a copy of the treaty With Limerick. —Leave to give notice on Tuesday, Mr. BROWN presented petitions from four dif ferent parishes in the county of Mayo, on behalf of Catholics, in favour of their claims. Mr. DAWSON moved that the House should resolve itself into a Committee upon the •subject of Ways and Means.. He then moved that the House shoidd go into a Committee of Exchequer Bills, and next, into a Committee on the Transfer of Aids. After the House had resolved itself into those Committees, . . . Mr. DAWSON moved that the Reports, be re ceived to-morrow. . the T p h postponed till F r id ay. • uerpoothseeroOf being rde - rs ofthe Day were then read for • The House•adjourned at'a Quarter-before FiNe. BIRTHS. On the 12th inst., at Great Thurlow Hall, in the:county of Suffolk, the lady of C. C. Ewes, Esq., of a daughter. 'On eie 1 fth inst., at Woodlands, Chigwell, Esser, th• lady . of Sir James Urmston, of a son. 912 the 7th inst., at West Ham-ahhey, the lady of John Barclay, Esq-; of Devonshire:place, of a . daugliteii .---.- .nacrrdasOs l) br, Church, of s a ir d . At Paris, Mrs. Benjamin B. Williams; of TavisSock square, of a daughter. On the 1I th inst., Mrs. William Davison, of Bread street, of a daughter. On the 9th in'st., at Captain Dickinson's, Braitblehery, near Woolwich, Mrs. Joseph Phelps, .of the ! i s l an d o f M a _ town, the lady il' .. t. ,t di i a ie iinigl it i e tUi v e . rp l po v erf in Ed . r s i v t z c z a o ru r t i t Y neb - W Pi s ac o j e c n i i , 4o l( Es: ei r' s : - . deira, of a daughter. On the 11th inst.. • - , • MARRIED. at the ork-istree4 Brynnsto*square, " li Ch uabl!r arle: to Johanna, of n e t th e Uppe r it a te vS.t * Ed — Pwa the 7th inst., Collegiate Church, Manshester, On bookseller, Jaynes Tho ms on, of this tone, to Elisabeth, Mr.• of John J IA c i doghter en....ason, Esq., of Salford.' mew • R e ctor 'of DYrham , K Robert e ° O t n n i s t h h t :. e t o ri * e l l uo t tt - l itll . i i s i t in the Diocese of GlOUcester, to Ma tilda-meues, daughter of John I nn Esq .of .Id. Inner, •, Broad - street-btu lugs. of 0013inrle;thdlooday P R ar y l e, S in urr u e ch esteemed and DIED. ;• On the 9th inst., Lady Fletcher, of Sir Henry mented, Mrs. Jane Smith, widow of the Missionary Smith, origin t i n _ '-the climate of a D Fgl e ee t cit n c e h3 r e3 a r r : a o , Bf a aa n r and . t no h sf e u A s ' n u sp ff ht e lie r oY i n ng s she there endured. On the 10th inst., at his residence, Villiers-street, Strand, in his 53 d year,'David Carruthers, kill., formerly Ellen, second daughter of Mr. Foster, On th e i tlrlee l t o ht l ianns i td n . s ,i‘ t. i , ar a y t iand.point, Essex. of Liverpool, and latterly of London, merchant, morning, of apoplexy .Mr. George Clarke, 44 y ear s clerk to Messrs : •B arclay, Tritton, BeratFarild Co • -- • PRINTBD d PuBLIstiED by M. YOUNG, at t h e SUN OFFNE, No. 112, Stroud. an. v T" VII. to The MI TE /NG ; signed back, a that th their I Late of "B only tc cation. tiie Ur on ev price Owe' tta,gerc Atik with Treati Nee nience yanks Thi Plante Bedfc Non. price and o Jacob with Aver Coun the N Imp° a Seri and t esrlie Otte ' cessai Land Bart, Editi 10 COP Righ Pros' ROE &c. ! the and 1 C. ( the I Edit 11 RE] Pal and Step iilhil Fiiii l' STi By; the E. I Rola TR, witl upw N high '2 110 LA' Way Stv by GU GE the MII 2 TIC TR Lain mitt isyst tiat 4s. to t &c. ski tic . col By ao Pr ott rrg. bar TI col of of