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London, England, 1852-03-29 00:00:00

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[PRICE SD.

The following extracts from a communication which
I received from the Regent of Loo•Choo, when I visited
that island in October, 1850, give a brief outline of the
present relations between the two countries, and may be
considered interesting at the present moment:—
"•• . . Ever since the Ping-Han (title of the
former Government of Loo-Choo) was declared an here-
ditary kingdom, under the Ming dynasty, and thus be-
eaase tributary to China, whenever we convey our tri-
ne:a (to China), we buy there silk stuffs for official
zaps, and dresses, medicines, and other articles; this,
however, would not suffice; but as the Too•kia ra (in
Loo-choo pronounced Toochiira, probably the Satynme)
Islands, belonging to Japan, trade with the neighbouring
countries, we procure from them rice, grain, timber,
iron, copper, tea, and other things, but scarcely in suffi-
cient quantity.
" Grain being scarce in our poor country, our daily
diet consists of mere potatoes, of which we have not one
catty too many; when visited by the calamities of a
typhoon or drought, though we should desire to feed
only moderately on the wild sago tree, still it would not
suffice to appease our hunger; and we must therefore
barter our black sugar, grass cloth, &0., for the rice and
grain of these islands.
" We hear the laws of Japan severely prohibit pro-
miscuous trading with other countries; only in the port
of Chang-ki (Nagasaki), where officials-are stationed to
keep a strict watch, a fixed and limited number of ships,
as well as of goods are admitted, and Chinese and Dutch
merchants yearly visit it for trade.
" The Too-charese, although belonging to the Japa-
nese territory, yet being near to us, are permitted to
trade with this place; but if, on their returning home,
they should import forbidden goods by smuggling, if
detected by the officials they would be severely pu-
nished. Should we now trade with you, the Teo•charese
by Japanese laws, be strictly forbidden from
having any dealings with us at all." • • • •
And the Regent, as though fearing the worst result if
the attempt were to be made, concludes as follows:—
Look down in pity, and desist from wishing to trade
with us."
Hence it appears that " the rigid exclusive policy" of
Japan is relaxed in favour of Loo-Choo, but on condi-
tion that its 3,000,000 or 4,000,000 inhabitants are to be
debarred from the advantage of trading with Europeans,
and thus an important market is closed against our
merchants.
It is impossible not to wish, most cordially, success to
the Americans in their expedition against Japan, and I
will only add that the committee of the Loo-Choo Naval
Mission intends to take advantage of the opening pros-
pect for the advancement of Christianity in that remote
region, by sending out another missionary immediately,
to assist Dr. Batteiheins in his labours.
I am, Sir, your obedient servant,
A NAVAL OFFICER.
Curzon-street, March 26.

LAW INTELLIGENCE.
COURT OF CHANCERY, March 27.
Before the LOUD CHANCELLOR. and the Loins JUSTICES.

THE SILENT FRIEND.
IN SIX LANGITAGESFORTIETH EDITION.

CONTAINING THE REMEDY FOR PREVENTION OF DISEASE.
Illustrated by One Hundred Anatomical Coloured Engraving'.
311 PHYSICAL DISQUALIFICATIONS, GENERATIVE INCA.
PACITY, AND IMPEDIMENTS TO MARRIAGE.

zrr

case, into facts, and expressed an opinion that traverse was
not matter of right, but every Chancellor since his Lord-
ship's time who had been called to express an opinion had held
a different view. An unhesitating opinion was thus over and
over again expressed by Lord Eldon, one of the most can-
to • idges who had ever occupied a seat on the bench ; and
in Hal s case (2 Vesey, jun.) he held that the right was
ned to the person found lunatic, but extended to
third
waspa made stranger parties
avelganterest ; and even where the applica-
tion by a not having an interest, as in
Ward's case (6 Vesey, 579), the Chancellor did not decide
against such a person's right, but merely observed that the
Court would regard such applications with jealousy. Lord
Rosslyn, in Ferne's case, was also of opinion in favour of the
traverse being of right. Lord Eldon, as already remarked,
had expressed his opinion over and over again. Lord Lynd-
hurst was never called on to express any opinion on the
point, and Lord Brougham had not expressed a judicial
opinion. Lord Cottenham in "Ex parte Bridge" was in
favour of the right, and Lord Truro, in two cases which
came before him, deci led that it was a matter of right. But
none of these judges had the advantage of hearing the whole
question so comprehensively eed learnedly argued or being
assisted as he (the Lord Chancellsr) was on the present oc-
casion. It seemed to him tbst it ould be difficult to deny
that these authorities were entitled to greatest weight, and
it would require much deliberate r 0, hesitation on the
part of any judge who should venseae to oppose his single
opinion. He certainly was not that judge, for his opinion
uinpgonantod
entirely coincided with those expressed uy his predecessors
in favour of the right to travrse—that it WI! a right
liwiatdbihnethbeeefnullcamlleeadn
• • ,
decidesptotfhtehgeuAescut
question
wPeurliia_nis erste.
benefit of the learned argument in this ce.se, he should have
arrived at the same conclusion—that the right was expressly
given by the 6th section of the statute of Edward VI., and
that the statute of George IV. did not alter the character of
• that right; but then the question of the right to traverse
being acknowledged i . —and n that opinion the Lords Justices
concurred—a question of a very different description arose—
the question how was that right to be exercised? It was
impossible to deny that in all the cases of this nature which
had come before the Court, attention had been in some de-
gree directed to the question whether the traverse should
issue. But then it was said that this was inconsistent with
the position taken on the other side. Of course you must
first decide, in order to come to a satisfactory conclusion,
whether the issuing is of right or not. Became
if it was of right, then the consideration which
the Court would give in such cases would be
with a very different view, if the traverse were
held to be not strictly of right. He thought that it was
proper that a reasonable control should be in the power of the
Court. For example, should a case be ;presented, where the
Chancellor at once saw unmistakeable signs of madness, no
man could imagine that it would be a proper case in which a
traverse should issue; for there there. world be prima fade
proof against the assertion that the applidant had been " un-
truly" found lunatic under the inquisition sought to be tra-
versed. In some of the cases, particularly those before Lords
Hardwicke and Eldon, matters appeared to be entered into
which seemed to carry the inquiry beyond this extent. It
was not surprising that there should be some evidence of this
kind, as parties were left to their own discretion, and affida-
vits were made entering into the question of sanity or in-
sanity ; for the affidavits being made, the Court could not
prevent them being filed. He could not admit that there
was any authority laid down by Lord Elden which bound
him to go into the evidence which had been adduced before
thejary, when be found that Noble Lord over and over again
deliberately stating that traverse was a matter of right.
That now brought him to the consideration of what
was the proper discharge of
i the duty which de-
volved on the Great Seal n an application like
the present for leave to traverse. There could be no doubt
that the first duty was to make such inquiry as should sa-
tisfy his mind that the application was a bond fide one; that
Mrs. Cumming really desired the traverse, and that she was
capable of an act of volition. He did not mean to say that
if he had found on seeing Mrs. Cumming that she was not
actually the petitioner, he would not have allowed the tra-
verse. That point was not now before the Court, and on it
he offerredno opinion. In the case as presented the Court
would decide that the traverse was a matter of right. In
his interview with Mrs. Cumming he had represented to her
what would be the effect of the traverse, and he had also fully
explained all the consequences in respect of costs, and he had
found her rational, collected, and dispassionate. He did not,
of course, now allude to the general state of her mind;
but, on the question of traverse or no traverse, he was bound
to say that she was as composed and rational as any rea-
sonable person with whom he bad ever conversed. She was
most desirous to traverse, even though the rema:nder of
her property should be sacrificed. Bang therefore satis-
fied on that point, he was of opinion that the traverse was
of right, and that the Court were bound to allow it.
But before he parted with this case he must say that it was
one which the Court had heard with much pain. This pro-
perty is of small amount. and even with care—and he saw
no signs of care—could ill afford the costs of these proceed-
ings. Unless it was than seed with the strictest economy,
the whole of it will be swail3wed up in
meetinthe proceedings pro-
fessedly taken for the purpose of is g it. It woul
a lasting reproach to the parties on bi.th sides—net excepting
the counsel by whom they are aus;sed. if these proceedings
are allowed to be carried on in such a in, ner as to exhaust
this poor lady's eroperty. Let them e ,u. hink of this.
This lady is now very infirm in health and se% '...10g 76 years
old. He repeated that it would be a 'astir dis,srace to
all parties concerned, and it would be a represeh t,o on
the law, if through the:e proceedings the few year.. which
will be left to her must be spent in p ,verty. Here hact no
less than eight counsel been engaged in supporting and op-
posing this application, three on the one side and five on
the other. He now made an order that only the costs of
two counsel en each side should be allowed; and he would
make an order that future expei:ses to be incurred in these
proceedings be cut down to the lowest possible point, for
he was determined to preserve what remained of this lady's
property, if it is in the power of the Great Seal to pre-
serve it.
A portion of the audience by which the Court was filled
loudly applauded the Noble and Learned Lord on concluding
I his judgment, but of course so indecent an expression of feel-
ing in a court of justice was instantly suppressed.
The Lord Justice KNIGHT BRUCE and the Lord Justice Lord
CRANWORTH expressed severally, but briefly, their full con-
currence in the view taken of the petition by the Lord Chan-
cellor, and the order was made accordingly.
Mr. BETHELL asked their Lordships to stay the proceed-
ings in the lunacy.
The Loan CHANCELLOR said the Court as then constituted
had nothing to do with that question. The application must
be made elsewhere.