The Express.
London, England, 1847-12-04 00:00:00

Tent de &l entte t' il dens l'ams dm devote!

It is mush to be lamented that the Irish Roman
catholic church, which has preserved its hierarchy in
plenitude, and stands forth in the eyes of Christendom
as a national church, should voluntarily degrade
itself to the position of a mere missionary establish-
ment, by referring every possible matter of public or
private difference to the Board of Propaganda. Has
Ireland no competent episcopacy, no knowledge of the
canons, no synods, provincial and general, that it
should cut such a discreditable figure here ? The
Colonial-office in Downing-street had lately a certain
Mr. Stephen, who contrived to get into his own
hands the affairs of the whole of our colonies, and
for the last twenty years there is at the Board of Pro-
paganda a certain M. Palma, who manages every-
thing, not only the British colonies, but all the ecclesi-
astical affairs of Ireland, England, and Scotland.
Poor old Franeoni has been long fit for superannua-
tion, and the Genoese cardinals, Lambruachini and Co.,
when they do meddle with the board, are not always
under direct heavenly inspiration. Palma has written
a history of English ecclesiastical matters which
shows utter ignorance of our social system as well as
of facts, and contains an account of the Stuarts which
would make Dr. Lingard stare.
A dozen years ago the Bishop of Malta, Caruana,
being appointed by the British government one of the
fire privy councillors of that island, had to take the
usual oath about net using his new position for the
subversion of the established church, an oath taken
freely by the Roman catholic bishops, Roman catholic
members of both houses of parliament, and Roman
catholic privy councillors in England and Ireland,
who never consulted Propaganda on the obvious
matter. He was told by the board and by Palma
that he could not take any such oath, and did not sit
at the Malta privy council from that day to this.
The knowledge of this fact will be a delightful bit
of news for Dr. M'Hale and the knot of " Sonder-
bond " bishops, who take their cue from him. Let
them refer that oath to Propaganda.
Mr. Locke, the engineer, is here.

UNITED STATES.-MEXICO.
The Ocean Steam Navigation Company's ship
Washington, Capt. Johnston, arrived off Cowes
yesterday, at one o'clock, after a passage from New
York of 141 days, in spite of some severe weather
which she had to encounter. She brings dates from
New York to the 18th ultimo, 30,0001. in specie
(chiefly for the house of Baring and Co.), and 48
passengers. The mails were landed under the charge
of J. R. Crooke'', Esq., American consul at South-
ampton, which, with most of the passengers andl
some of the freight, were transhipped into a smaller
steamer in less than an hour, and the Washington was
enabled to continue her course to Bremen imme-
diately. Before leaving the ship the passengers for
England presented to Captain Johnston and his
officers a memorial expressive of approbation of their
conduct, both as seamen and companions, during the
Toni*.
The news received by the Washington, though only
48 hours later than that brought by the Fidelia, con-
tains some points of interest.
Mr. Clay's speech and resolutions in favour of a
peace with Mexico, and against the acquisition of any
territory, have excited some discordant remarks.
The New York Herald denounces them in the
most unqualified terms, and expresses an opinion
that they will break up the whig party in the hour
of its congressional triumphs :
In an extra of the New York Herald we find the
following telegraphic intimation from Washington, of
the date of the 18th Nov. :

The Secretary of the Treasury, Mr. Walker, has recom-
mended, end the President has just signed, the following
salutary financial measures in regard to Mexico The
export duties exacted by the Mexican government before
the war, are to be levied by our officers as a military con-
tribution. 2. Whenever it is practicable, all internal pro-
perty, taxes of any description, whether upon persons or
property, exacted by the government of Mexico, or by any
departmenctown or city thereof, are to be collected by our
officers, and appropriated as a military contribution toward
defraying the expenses of the war, excepting transit duties
which are a check upon commerce. 3. The export duties
on the precious metals are as follows:—Gold, coin or
wrought, three per cent. • silver coin, six do. ; silver,
wrought, with or without dexiean certificates, seven do. ;
gold ore or dust, three do. ; silver ore, seven do. N.B.
When the precious metals are taken from a city in our pos-
session, the duty mast be prepaid on them, or charged
double at the port of exportation.
The same journal contains the following account of
the position assumed by Mr. Polk and lie cabinet
with reference to Mexico since the receipt of
despatches from General Scott:
The cabinet met on Monday and Tuesday, and delibe-
rated at great length relative to the present position of
affairs between the ewe republics, and what lathe best course
to pursue in regard to the future. After a great deal of dis-
cussion, and some variation of opiaion between Mr. Walker
and Mr. *trey, it was generally agreed on by the cabinet,
and concurred iv by the president, to continue the war
against that country, and hold military possession of the
capital and the cities which we now have, until some
government shall be found willing to make peace, on the
principle of indemnity to the United States for the pad, and
security for the future. This indemnity looks entirely to 1
territorial acquisition, but the extent of it is to be left to the
future, and to coming events. The United States are
willing at any moment to make pew, bat this
peace most be baud on terms by which our govem- '
ment shall lose nothing io consequence of the
campaign. If Mexico, or such government as may be found
in existence, still refuses to make peace, then the war is to be
continued, whatever the result may be—leaving that a
problem for the future. The President will not advise pro-
bably,
anything in his massage, that looks like immediate
annexation of Mexico ; but, on the other band, he will not
bind himself to a contrary policy. He will leave the quo-
tion open for Congress and the country to solve. In short,
be will avow the principle of territorial indemnity, even if
by • protraction of the war or the obstinacy of Mexico, that
indemnity shall at a future day cover the whole of the
republic. Troops, already authorised by law will be called
out to fill up the ranks of Gen. Scott. Cor:tritratione will
be levied for their support on Mexico, and the whole matter
will be turned over to Congress at the approaching session.
Mr. Trist arrived at New Orleans on the 10th of
'November. He had been recalled before any effect
could be given to his renewed negotiations, and peace
appears to be generally admitted to be as remote as
ever. General Scott has commenced the permanent
occupation of the national road between Vera Crux
and the capital. A garrison of 750 men has been
established at the National Bridge ; another, of 1,200
men, under command of General Cushing, at Jalapa;
and a third, of 2,000 men, under General Une, at
Puebla.

The court-martial on Lieat-CoL Fremont was still
sitting. A report had been circulated that Com-
modore Stockton would, on his return to Washington,
demand an investigation. The opinion, however,
prevailed that the facts elicited by the court-martial
would render this step nun
The Courier and Inquirer is that : " It
is possible that the malice which marks the London
press may invent from the official documents occasions
for renewed vituperation and disparagement of the
American character." In so far, at leant, as we are
concerned, instead of doing this we shall allow the
American journals to state their estimate of these
battles without one word of contradiction.
A Washington correspondent of the same paper
asks, " Is it true that the Rothachilds have had to
borrow 3,000,000 dollars in Wall-street? Such a
rumour has been current here for the last few days."
The Ocean Company are about to lay the keel of a
third steamer, to be called the " Humboldt" It is
expected she will be completed at the end of five
months. She will register about 2,400 tons, 600

more than the Washington. The Hermann is still at
the Novelty Works receiving her machinery.
[Fur Markets see but page.]

CO eroutt.

The Duke of Cambridge visited the Duchess of
Gloucester yesterday, at Gloucester-house. his Royal
highness afterwards lilt town for his residence at Kew.
The Marquis of Northampton and a deputation had
an interview with Sir George Grey yesterday at the Home-
office.— The Lord Mayor had an interview with,LordJ.Rum
yesterday, at his official residence in Downing-st.—The Earl
of Ellenborough and Sir Joha Polly transacted business at
the Board of Trade yesterday.—Sir Witham Heathcote had
an interview with Earl Grey yesterday, at the Colonial-
office.
Despatches were sent off yesterday evening front
the Colonial-office for the governor of Canada, and idso for
the governors of the other North American provinces.
The Judicial Committee of the Privy Council sat
yesterday, and resumed and concluded the hearing of as
appeal from Bengal, " Rany Srimuty Debiah v. Rant'
Khoond Suta." a

[From lut night's Gazette.]
COURT MOURNING.—Orders have been issued for
the Court's going into mourning, tomorrow (Sunday),fie
his late Royal Highness the Elector of Hesse; and, on San
day the 12th inst., the Court to go out of mourning.
ST. JAMES'S PALACE, DEC. 1. The Queen has
been pleased to appoint John Lord Elphinstone to be one of
the Lords in Waiting in Ordinary to her Majesty, in the
room of Henry George Francis, Earl of Dude, resigned.

WAR-OFFICE. DM. -
3rd Dreg. Oris.—Lent It. B. Pm efoy, to be rept, by par., nee
Watt, who retires; Cornet A. D. Monteath, to be brut, by per., blob
B. ; W. linatzlibull, gent, to be cor., by per., vice Moehmft
7th IS. —C. C. Fraser, gent., to be our., by pur., vice Bog.
dine, who ret.
lid F. -Lieut..CoL J. T. Hill, from 32nd F., to be heat..ool. vise
Puttee., who inch .; Lout B. Thornhill, from 114th Y., to be Bout.,
ex vice Woodington. who ch.
24th 13.—Liont. H. P. T. Woodlngton, from list F., to be lieut.,
vies Thornhi4 who each.
32nd P.—Lieut-CoL R. T. R. Pullout, from list F., to be lleut.
tot, vice Hill, who exch.; Gent-Cadet R. L. 0. Pearson, from Royal
Mil. Coll., to be ma., without per., vice Sullivan.
97th F.—Lieut. W. M'Donald, from 93rd 1., to be capt., without
par., aloe &array, who rat.
38th F.—Ene. S. Hackett, to be lieut. by per., vice A. Hackett,
who mt.; H. P. Vans, gent, to be ens., by per., vioe Hackett.
43rd F.—Brevet-Lieut.-Cot C. F. Lardy, from b.-p. onat, to be
mated, vise J. I. Black, who melt; CAM. W. R. MmisSeld, to be
mNor, by pur., vice Lardy, who rens ; Lieut. J. Cheater, to bempt,
Chester;y nos MansfieldW. be
Puller, to be lieut., by pm., vim
0. Wedderburn, gent, to be ens., by pur., vice Fuller.
70th F.—Rea. J. Atkinson, to be lieut., by par., Moe Greened', who
rota.; E. R. C. Sheldon, gent., to be ens., by par., rice Atkinson.
Inad F.—C. B. Robinson, gent., to be amistaarg., vice Downed,
appointed to the staff.
let Weat India Regt—Quartermaster A. Smith, to be paymaster.
vice Matthews, appointed to the 37th F.
Ceylon Me Rog.—Berg.-Major R. Bunn, to be quartermarter.
HOSPITAL burr.—Assist.43urg. If. Downes, M.D., from 92nd F.,
to be aallet.mirg. to the forces, vice O'Oannor,
UXATTACIUD.—Lent. E. Barclay, from 98thP.7:134elapt., without
purehaie.
MILSOUANDLIL—Deputy-Aasistaat -General Robert
William Ronk fsr neglect at duty sal 3= be failed to render
proper accounts; of the mesameshed esul swatted by him on behalf
of the public, during dim lale Argo et the Chmeheariat on the Odd
Coast, has been removed hem the sentee.
OFFICE UP ORDNANCE, Doe. 2.
Royal Reg. of ArtiL-8s Lieut.. T. P. Warble, to be drat Scut
vice W. King, placed on
AD=.
LTY, Dec. 2.
The under-ssolimi otenstion has this day taken conse-
quent upon the Els& et Iteer-Adentral W. IL apt W.
fisher, to be reer-edm. of the blue.

BONN r. JENNY LIND.—The trial of this cause has
been appointed for Monday, the 20th inst., at the Court of
Queens Bench, Guildhall. A special jury was nominated
on Thuredny last on the pert of the plaintiff. Sir F. Kelly,
Mr. Cockburn, and Mr. •Peacock will conduct the plaintiff's
case, and the Attorney General, Sir F. Theaiger, and Mr.
Hoggins will appear for the defendant. The damages have
been laid at 10,0001.
DISAPPEARANCE AND RECOVERY OF A YOCNG
LADY.—On Thursday an advertisement appeared in the Daily
News and other morning papers, offering a reward of 1001.
for the recovery of a young lady who left her home in the
Regent's-park about bait-put three the previous morning.
The young lady, who was only thirteen years of age, has
been since recovered. Between four and five o'clock the
master of a tishingemack named the Star of Brunswick,
which was lying off Four.gun Battery Point, about five
miles below Gravesend, had his attention drawn to the
shore by cries of distress, and on sending hie boat ashore
dieeovered a young female, dressed in a light mousseline.de-
Leine drew, who was sitting with her feet almost
in the water, the tide then making up. He took
her on board his smack, and after giving her
some breakfast conveyed her to Gravesend and brought her
up to Blackwell by the Meteor steamer. He afterward,
took her to Greenwich, where he lost sight of her. The
young female then came en board the steamer Waterman
No. 3, and landed at Lavender.dock pier, without paying
her fare. She afterwards contrived to reach Woolwich in
one of the old company's steamers, where she engaged a
waterman to row her about for some time. Towards seven
o'clock in the evening she was observed going down to the
pier at Bellwater-gate, where Mr. Rose, one of the collectors
employed by the Watermen's Steam Packet Company,
observed her, and having just perriouely read a bill contain-
ing the reward for her recovery, he compared the articles of
the dress she had on with the description given in the bill,
and being satisfied of her identity proceeded at once to the
Regent's-park, and gave information to her friends, who
came to Woolwich and conveyed her home in a carriage.
The young lady appeared to be labouring under some form
of monomania, as the family describe her as being partici'.
:arty attached to the eight of water, nothing satisfying her
so much as to stand for hours gazing upon it.

IRELAND.
Dnamar, Dec. 2.
The recent attacks on the catholic clergy have pro-
yoked much displeasure in that body. Archbishop
hillale has published their vindication in a long letter
in the Freeman, addressed to Lord John Russell.
" Allow me," says the archbishop, "to assure your
lordship, that were any clergyman found so to abuse
his ministry as to excite any of his flock to any crime
whatever, so surely would he be suspended from his
sacred functions, and visited with the heaviest cen-
sures of the church." The archbishop is indignant at
the indiscriminating censure which has been heaped
upon the whole by ; and few are they, acquainted
with the recent state of society in Ireland, and the
influence exerted by the clergy in saving it from dia-
-1 solution, who will not cheerfully acknowledge the
truth and justice of the archbishop's vindication.
The grand jury of Limerick having, through Lord
Gough, conveyed their thanks to the several Euro-
pean troops in India who aided in relieving Irish dis-
tress, his lordship replies, that all publicity in his
power shall be given to the resolutions. "To me," he
concludes, "as a fellow-citizen, this is doubly graify-
ing—mT early associations drawing me to that place
of my birth—the long and loved residence of my fore-
fathers, and the resting-place of many of my family
predecessors."

MEDICAL.
APOTIIICARIP.-ZALL.—Naniell of gentlemen who pused
theta esandnation in the edema and moan of methane, and re-
mind orrtinzates to meanie*, on Thursday, Den 2.—E. H. Malian,
Glestentary ;T. W. Crow, Moravia ; EL Williams, West 131celi-
win, Nato.

IWO intelitersur.

EQUITY COURTS.

Debts the Ye:memos,lke of KIMI.Nd-
Tlll GMILAT WLBI.IIIt RAILWAY COMPANY O. 11111
BINNING/IAM AND OXFORD RAILWAY COMPANY.-1110-
✓ON FOR AN INJ UNCTION.—BROAD AND NARROW
&eel:la.—Biz Filmy Kelly appeared an behalf of the Bir-
mingham and Oxford Company, and contended that the in-
junction asked for ought not to be granted. The defendants
were contented that there should be an Minnotion te restrain
the company from doing anything to prejudice the rights of
the Gnat Western; but, on the other hand, they required
that no act should be restrained to the prejudice of the
rights of the defendant/. They wished that all parties
should be restrained from doing anything till the hearing of
the case and the determination of the question, which
would render the performance of the agreement ul-
timately impossible, if it should be held binding,
or that 'would prejudice the rights of the shareholders,
if the agreement should turn out to be invalid.
Be would, therefore, call upon the court to take care that if
the agreement should tarn out to be invalid the interests of
the shareholders should not be injured. Under the act of
parliament now in force a certain state of things had been
created ; and if this injunction were granted, it would so
affect the shareholders of the company, end would 'her the
position of the parties to such an extent, that whether the
agreement should be held valid or invalid it would be pre-
judicial to the defendants. Some very strong observations
bad been made respecting the course taken by the London
and North Western Railway, and their conduct bad been
animadverted upon. Re did not deny that the North Wee-
tern had a very great interest in the question ; he did not
deny that a great struggle had taken place in parliament be-
tween the Great Western and the North Western Compa-
nies, and that both panics used every means in their
power to carry into effect their own particular ob-
jects with regard to the Birmingham and Oxford Rail-
way. Them companies were like two contending coach.
proprietors or caniers, and they had each of them a perfect
right to exercise whatever powers they bad to promote their
own interests. Much had been said about the shareholders
in the Birmingham and Oxford Railwat having disposed of
their shares to persons who had a different view with regard
to the interests of the company ; but upon what principle
had any one a right to question such an act / The share-
holders were perfectly justified in Palling their shares if they
pleased, and there was nothing to prevent persons In the
interest of the London and North Western Company from
becoming the purchaser of those shares. The terms of the
injunction now sought for were vague, and ought not on that
ground to be granted. It was asked that the money of the
company should not be expended without the consent and
approbation of the Great Western Company. This would
have the effect of taking away all power from the Birming-
ham and Oxford Company over their own funds, and would
place them entirely under the control of the Great Western.
It was also asked that the defendants should be restrained
from doing anything the doing of which would be a breach
or violation of the agreement. This would compel the de-
fendants to consider every clause in that agreement, and de-
cide for themselves what was the meaning of it, and what
would be inconsistent with its terms ; but the great difficulty
upon this part of the cam would be that relating to the broad
and narrow gauge. It was agreed Ly all parties that the
railway ought to be proceeded with; but one of the clauses
in the agreement provided that the railway should be so con-
structed as to allow of the broad gauge being laid down as
well as the narrow gauge ; consequently, if the works were
proceeded with upon that understanding, a very much
greater outlay would be necessary. The injunction would
restrain the defendants from doing anything that would pre-
sent the broad gauge being carried out. It was no doubt of
vital importance to the Great Western Company that the
works should be so constructed as to be made applicable
to the broad gauge, and, if that could be done in all respects
for the same price, then it would be reasonable for the plain-
tiffs to ask that the railway should be of sufficient width te
admit of the broad gauge ; but, in case the agreement
should be held to be invalid, the greateet injustice would be
done to the defendants, whose expenses would be consider-
ably increased. The learned counsel then went through the
different parts of the affidavit to show that the espouse would
be much greater if the works were adapted to the broad
gauge. There had already been some proof of this ; for it
had been found that the twelve directors acting under the
influence of the Great Western Company had expended great
sums of money in the purchase of lands which they had no
right whatever to purchase. These proceedings were as
grow a breech of trust as if they bad laid out the money
for totally foreign purposes. It was alleged that the
directors were still pursuing the same extravagant cosine,
and purchasing property for the purpose of laying down the
broad gauge. This ought not to be permitted until it should
bare been decided whether the agreement was valid or not.
The shareholders of the Birmingham and Oxford Company
were not desirous of having the broad gauge ; they 001111-
dered it sufficient for their purpose that a narrow gauge
only should be adopted, and they alleged that the cost of
laying down the broad gauge would far exceed the capital of
the company. The money expended in making the broad
gauge would, in fact, be completely thrown away, if the
agreement were not to be held valid. It was true that Mr.
Brunel, the plaintiffs' engineer, bad stated that the expense
would not be very greatly increased, but what did he consi-
der would be small increase ? He had laid it down as
probable that it would cad about 21. per cent. upon the
earth work; that might be thought very little, but rt would
amount to no less !ban 20,0001. upon the capital of the com-
pany, and it would be most unfair to the defendants to com-
pel them to increase to so great
as extent an outlay which
would torn out to be utterly useless if the agreement should
be held incapable of specific performance. Under them cir-
cumstances he exiled upon the court to refuse the injunction.
—The court roes at the conclusion of Sir Fitzroy Kelly's
eddiese.

COURT OF EXCHEQUER.
Neer Parrs.—Betore air F. Nilo*, C. 8., and a Onsimon
LEWIS O. SIMPSON, CIARIL.--ILLLEOED FRAUDS IN
BILL DISCOIINTINO.—Mr. Humfrey, Q.C., and Mr. Cony,
were the plaintiff's counsel. Mr. Mambas, Q.C., and Mr.
Dowdeswell, represented {the defendant. This wu an ac-
tion to router 1001. on a bill of exchange at three months,
dated June 11, 1846. The plaintiff sued as endorsee of one
Was, to whom the bill, which wu accepted by the de- '
amilmat, nod been endorsed, by one Sydaerff, the drawer.'
The Moilant pleaded a denial of the endorsement by Syd-
misiff. sollaho that the bill had been obtained from him by
MOM lad eovin. The only witness celled for ;be plaintiff
live a servant of his brother, Mr. Lewis Levy, the sheriff's
oSser. He deposed that in June, 1846, he met, by appoint-
mat, a person at Peele's Coffee-house who said his name
was Sydserff, that he endorsed the bill there, and that wit-
ness had never seen that person before or since. On
behalf of the defendant, who was a clergyman living
near Bristol, it was stated, he had noticed an
advertisement in the Record newspaper, stating that the
advertiser was the son of a Wesleyan minister—that he had
a surplus capital to lend, in one or more sums, upon land or
other available security—and that the personal responsibility
of beneficed clergymen, dissenting ministers, or other per-
sons of respectability, would not be objected to. The ,
defendant at the time had occasion to borrow 2001. for twelve'
months ; he answered the advertisement, which also stated
that all applications for loans should be in writing and (of'
course) that inviolable secrecy should be observed. The
defendant's application was, pursuant to the advertisement,
addressed to " Mr. Sydserff, No. 7, Belvidere-road, Lam-
beth, London." The defendant's proposal was accepted,
the required sum was offered as • loan upon his personal
security, and two bids for 1001. each. payable at three and
six months, were despatched to Mr. Sydserff, whe '
entered into an agreement to renew them for twelve months.
The return post was to have conveyed the proceeds to
the Rev. Mr. Simpson, but he was doomed to suffer a
severe disappointment. Instead of the money, Sydserff
wrote to say that his principal (of whom hehsd never spoken
to Mr. Simpson before) thought it flummery, before cashing
the bills, to have a written admission from the defendant
that they were his acceptances. A letter to that effect
having been written, the ddendant replied, acknowledging
that the bills in question were lds acceptances. No money
was still forthcoming. Mr. eyaerff then wrote to say he
lad discovered that they were mot duly stamped ; that con-
sequently they were perfectly malews—that the defendant
&oak send two °that secapteneason proper stamps, and that
am their raelpt its bone alromftordroatod to Sydaerff theuld
be rianusi, amil As tramay, We the discount, paid. The
tirthriamt asopilml promptly, bat received no money, Mr.
imiterbstelmi ansmed illness as his excuse for not perform-
ing Ms prcmis Tim delendant ultimately got no money;
and having dimmed that his bills were negociated, be ad.
vertised the 'whole leaf in the newspapers, and cautioned
the public from dean with them. Evidence was given that
the endorsement was not Sydaerifs, but that of one Tucker,
en associate of his end of Shires.—The Lord Chief Belo:
was of opinion that that evidence could not exempt the
defendant. The drawing by Sydserff was admitted by the
defendant, when he accepted the bill purporting to be en
drawn. He was also of opinion that the evidence given on
behalf of the defendant, to fix the plaintiff with knowledge
of the manner in which the bill had been obtained, was not
sufficient to deprive him of the right to sue upon it. Upon
the plea of fraud, the plaintiff was therefore entitled to a
verdict. As to the question of endorsement it was altogether
for the jury.—A verdict was returned for the plaintiff for
the amount of the bill, subject to a motion to enter a non-
suit, if the court should think the plaintiff was bound to
prove consideration.

PRTITION OF RIGHT.
ROBSON LITD AINSLET C. TH2 CROWN. An inquiry
was commenced yesterday at the Westminster Sessions-
house, before a epeeist jury and commissioners appointed
b the Lord Chancellor under a petition of right, into the
by
of Catherine Robson and liaisons &Maley to a sum
of money at present in possession of the Crown, as next of
kin of Samuel Troutbeck, deceased. The commissionen
were Mr. Serjeant Manning, Mr. Serjeant Jones, Mr. Cooper,
and Mr. Mellor.
Mr. Matthew Hill opened the cue on the part of the ap-
plicants, Catherine Robson and Isabella Ainaley, who he
said were two aged and indigent females, believing them-
selves to be the next of kin and coheirs of the property in
question. The present cue was one of a very rare charac-
ter ; indeed, with the exception of that of the Baron de
Bode, there had not been such an inquiry before • jury
mince the reign of Henry the Eighth. The reason was
that the crown had never been inclined to stand
on punctilio, and the MiEllitall when they found
claims to be just, had acted at the commencement u
they would be bound to do at the end of a long inquiry—
they paid the money and satisfied the demand. But in the
rresent came a different course had been adopted. The jury
were war' that wheat the crown took poseeeadon of property

it was not for its own use, but to preserve it for any persons
who might eventually appear to claim it. Now, it was
quite clear that, however remote, next of kin must in every
case exist; therefore the only ditf colt), existed with regard
to proof, which proof it was not easy to establish in a legal
point of view, however little moral doubt there might be on
the subject. With that, however, they were in the present
case fully provided. A petition of right had been presented
to the Queen, which had been endorsed by her Majesty
"Let right be done," and that had empowered them to
bring the case into the Court of Chancery, which court had
directed the present proceedings. He would now lay before
them the farts of the ease. In the year 1700 the testator,
Samuel Troutbeck, was bon at Wapping. He was a mem-
ber of a family which had been settled there no early as the
year 1604 His immediate relatives were seafaring men.
At the age of 19 they bound him and his brother Bentjamin
seamen on board the King George East Indiaman. In the
year 1721, while the were serving, the veesel was ship-
wrecked in the East Indies. Benjamin was drowned, and
Samuel, the testator, was saved with part of the crew,
reduced to captivity by the natives, but eventually
escaped. Samuel was afterwards lotted at Muir's,
whs re he engsg.ed in trade, and being posseined
of considerable Industry, and being of somewhat penurious
habits, acquired a fortune which amounted at the time of his
death to 140,0001., and which must now amount to a much
larger sum. In 1780, Samuel being still at Madras, made
the will referred to, by which the whole of his property was
laft to certain charities at Wapping. This will, which was
the last he made, was supposed to miring* certain statutes of
mortmaio, and proceedings were taken in the Court of
Chancery to try whether the will was valid or not, and the
Attorney-General, on the part of the crown, filed an infor-
mation for the purpose of setting aside the will, which was
declared to be invalid. Upon this decision the usual pro-
ceedings were taken. Advertisements were, by order of the
court, put into the newspapers, stating that the fund
was still in the Court of Chancery waiting to be
claimed by the heirs and next of kin. At that time the
aunt and mother of the two claimants, Catherine and Bar-
bara, began to make inquiries for the purpose of establishing
their claims, they being first cousins of the testator. Those
inquiries were not prosecuted with that vigour which would
have been the case had those persons been of more elevated
stations in life. The consequence was that there was only
one claim actually sent in at that time, and that was proved
to be utterly unfounded. In consequence, in the year 1818
an order was made by the Court of Chancery, by which the
fund was paid over to the crown. If it were material to in-
quire the further destination of the money, be would
refer them to Brighton, and in some part of that ex-
traordinary edifice which excited astonishment in the minds
of foreigners, known as the Pavilion, they would find, not
the money, but the product of it, the fund having been
spent in the erection of that monument to English notions ;
of the beautiful and the superb. It appears that a person
named Darby, who belonged ineome way to the Treasury,
happened to speak on the subject of the claim in the presence
of one of the BOvenue family, who said, " We have a carious
document wtich I will put into your hands." It was the
narrative of a member of the family named John Trout-
beck, which threw great light upon the subject. It went to
dispute any claim which he might have to be next of kin,
and tended to prove the case of the present claimants. That
document laid on Mr. Darby's shelves from the year 1817 to
1819. It was however heard of by two gentlemen
named Warton, who obtained authority from the parties
who had furnished Derby with the document, to reclaim it,
and it was accordingly given up. The learned counsel then
proceeded to detail the pedigree of the family, from Sir Robt.
Troutbeck, who died in 1637, down to the claimants, who
were second cousins in the third degree of the teetator. They
claimed directly by virtue of the right of Barbara Troutbeck,
the fourth child of Geo. Troutbeck, of Riding, who, about
the year 1748, intermarried with John Cawthorn*, then of
Allendale, and who was the father of the suppliants, who
were born respectively in June, 1767, and March, 1771.
They had married, respectively, in 1801 and 1799. The
author of the narrative above alluded to—the learned
counsel proceeded to say was John Troutbeck, a
second cousin once removed of Samuel, the testator. He
was known throughout the chancery proceedings as " John
the narrator," from that fact. He was a surgeon in the
East India Company's service, and went over to Madras,
where he made acquaintance with Samuel, who received
and treated him as a relative. In 1774 be went again, and
the testator formed a great attachment to John Troutbeck,
and made a will in his favour, leaving him a large balance,
or the whole, of his property. When John left Madras, he
appointed a Mr. Bromley as his agent there, and invested
him with a power of attorney to receive the money for him
in the event of Samuel's death • but this coming to the ears
of the old man by accident, he became incensed against his
relation for these precautions, and in his anger revoked his
former will, and made another, leaving his whole
property to the charity school at Wapping, as had
been before stated. On obtaining possession of the
narrative, the Messrs. Warton found out the present sup-
pliants, and gave them the benefit of his direction. The next
step was to present the memorial to the crown, for the Court
of Chancery having parted with the fund, they had no
longer any central over it without the consent of the crown.
A memorial was presented to the Treasury on the part of
the suppliants. The matter was delayed for several years,
and it was not till the year 1824 that the memorial wee i
ferrei to Sir Christopher Robinson, the advocate of the
crown, who gave a favourable opinion upon it. He advised
that the papers should be referred to the solicitor and the
attorney-general of the day this was done, and they came
to the same conclusion as Sir Christopher, and advised that
the case should be re-opened. This course was accordingly
taken; the Lord Chancellor referred the matter to one of
the marten in chancery, and then the legal gentlemen
on each aide met to dreams the question. At this time it
was not known that the money had been spent. Now the
claim met with very different attention from the legal gentle-
men employed by the crown to that which it had received
from the treasury; and they thought themselves justified in
patronising a claim which had been set up, called " Broad's
claim," and which had nothing of even apparent justice in
it. It went on the footing that the testator was a Yorkshire-
man, and this when there was the register of his birth at
Wapping. On being remonstrated with, the representatives
of the crown admitted that they did not think the claim had
any feundatioo, but they thought it might furnish
matter to defeat Robson's claim. The result was
that the masters came to the conclusion that
the narrative of John Troutbeck was inadmissible,
and eould not be received as evidence. It was in 1831 that
the matter came on for dismission, when the Lord Chan-
cellor (Lord Brougham), on the case being argued before
him, declared the narrative was admissible, and that an issue
should take place for the trial of the case. The learned
counsel entered into the narrative of John Troutbeck, which
went minutely into the pedigree of the family, and contained
several particulars tending to prove the truth of the sup-
pliant's cam. He then went on to state that the case was
tried at York. It was known that Samuel Troutbeck had
made a will, but that will was not put in by the counsel for
the crown, the Solicitor-General, now Lord Denman.
Mr. Justice Littledale, at the trial, seemed to have
taken a just view of the case, and rammed up
strongly in favour of the euppliants, but unfortunately he
spoke in so low and indistinct a tone as te be nearly inaudi-
ble to the jury, although preserved in the notes of the short-
hand writer. The result was a verdict for the crown, and he
(the learned counsel) believed he was justified in saying that
that result excited considerable surprise on the part of the
law advisers for the crown as well as three on the other side.
Almost every legal opinion, several of which the learned
counsel read, was in favour of the suppliants. He then pro-
ceeded to detail that the Court of Chancery refused to grant
a new trial Oa the ground that the judge had not expressed
his dissatisfaction with the first ; they then memorialised the
Treasury without effect, and ultimately the Lord Chancellor I
intimated his inclination to hear a motion for • new trial, I
which, however, was still delayed—applications being made
to the court for fixing an early day to hear the motion in
May and June, 1833. The motion was in the end
again refused. The Treasury was then again me-
morialised, and the matter referred to Means. °Ter-
rell and Parker, and also to Mr. Ord. All of
these gentlemen drew up the report, but the Lords of the
Treasury, in Jan., 1839, adopted the opinions of the two
former, who were unfavourable to the suppliants, and re-
jected that of Mr. Ord, who was favourable. An appeal was
then made to the House of Lords, but unsuccessfully. The,
matter was also brought before the House of Commons by
Mr. Warburton who moved for a committee to inquire into
it, but was compelled: to withdraw his motion. The learned
counsel, after going minutely into the above facts, and quot
lag long extracts from Mr. Warburton's speech, concluded
by observing that the petition of right which his clients
now had recourse to was not a hostile movement towards
the crown, but simply, as Blackstone called it, a means of
informing the conscience of the crown of what was right.
The learned counsel then proceeded to call evidence in sup-
port of his statement.
Several witnesses were examined to prove the statement
of counsel. The evidence was most uninteresting, as it was
almost wholly documentary, being mostly certificates of
births, =arrives, and deaths.
Sarah Bowes examined—ls 79 years of age. Knew the
narrator, who had often said in her presence that he had in-
troduced John Troutbeck to his native wife. He was in the
habit of wearing • ring, but she could not say whether it
was of Indian manufacture. Heard that John Troutbeck
had given it to him. Had also heard him say that if a
brother of his, who went to Ireland, was living,
he would have no difficulty in establishing his re-
lationship to the testator. She went into Cumberland
in order to make searches as to her right to the
property. She was then informed by Mr. Wm. Troubeck
that there were other claimants nearer than herself ; having
heard so, she did not trouble herself further in the matter.
Thought that she could recognise the handwriting of the
narrator, but was not able to identify the documents laid
before her.
George Simmons, Oliver Davis, Joseph Steele, and Mr.
David Browne, were then examined, but they only proved
the authenticity of certain extracts and certificates.
The court adjourned at four o'clock to half-past nine this
day, when the Chief Baron of the Exchequer is to be
examined.

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