The Sun.
London, England, 1855-10-12 00:00:00

THE SUN. LONDON FRIDAY EvENiNG.„ OCTOBER 12, 1855,

ance with our own, and our Government will be
wise to act accordingly. Odessa, Nicolaieff, and
Kherson are now more important to Prince
GORTSCHAKOFf than the North of Sebastopol and
the line of the Tchernaya. Deprive him of that
basis and he must starve. Destroy it, and he
will soon be obliged to move without the Allies
(ring a gun. Our navy, too, can be doing this,
while the army is attending to military duties.
But for Sir JAMES GRAHAM, and his like-minded
successor, Odessa would have been a ruin before
now, and Sebastopol have surrendered months
before.

The present War commends itself so strongly
to the national feeling, on the ground of right as
well as expediency, that the public look with
eagerness for expressions of sympathy, where
active co-operation may not reasonably be expected,
from all countries where the principle of freedom
is in any degree developed, and are proportionally
disappointed according to the extent of that de-
velopment, when such expressions are withheld
or sympathy with Russia is proclaimed in their
place. This, it is needless to remark, is perfectly
natural, but, as with other expectations of a
similar kind, the public, in case of disappoint-
ment, will do well to exercise a discreet forbear-
ance, and, by taking care to acquaint themselves,
as far as they are able, with the causes and real
extent of the neutral or hostile feelings at which
they feel aggrieved, insure themselves against
falling into serious error.
And especially will they do well to follow this
counsel in regard to the United States of America,
to which at the outset of the War they confidently
looked for moral, if not for material, support, and
from which it may be said they have got less of
either than of their opposites. For, after all, it
must be remembered that though America by
descent is essentially British, and possessed to a
large extent of that love of individual liberty and
free institutions more or less inherent in the
Anglo-Saxon race—by constitution she is partially
Russian. As a recent writer remarks, " she is
Anglo-Saxon in her history, and Slavonic ifs her
experience. Commercially she is allied with
England, geographically with Russia. It might
almost be said that America contains an England
and a Russia within her borders, for the republi-
can cities of the north can scarcely regard with
indifference our contest with an encroaching des-
potism, whilst the planters of the south see in the
preponderance of Russia, though they could not
themselves explain how, a defence of slavery.
They are simply conscious that there is very much
in common between the serfiom of Novgorod and
Tamboff, and the slavery of Alabama and Vir-
ginia." It is not much to be wondered at, there-
fore, that, with such antagonistic principles at war
within her boundaries, expressions of hostile feel-
ing should occasionally reach us from across the
Atlantic, and that those of sympathy should be
rare and feeble.

And the less surprise will be felt when other
circumstances are taken into account. America,
it should not be forgotten, is the most active and
and powerful commercial rival we have, and it is
next to impossible for close competition to exist
without engendering some degree of jealousy and
ill-will, which naturally finds expression on every
eligible opportunity. The Celtic element too can-
not be expected to be idle, or to fail in operating
prejudicially against us. Distance is said to
" lend enchantment to the view ;" but the only
enchantment it lends to this country in the
eyes of Irishmen in America is that required
to distort or caricature her every feature. The
ill-advised interference of a portion of the British
public in the slave question, it is well known,
gave rise to a bitterness of feeling towards us
which can hardly have subsided, and which, there-
fore, may fairly be taken into consideration also,
for of all grounds of ill-feeling commend us to
attacks on the " domestic institutions" of Ame-
rica as the most prolific. In addition to all this,
it should be recollected that the scum of the
American political world is ever on the surface—
that the noisiest and least scrupulous politicians
most largely avail themselves of the facilities for
good and evil offered by the Press—and that the
pirates whose descent on Cuba we, in alliance
with France, continue to baulk, could hardly fail
to tender their mouthing sympathies, if not their
active support, to Russia, as the enemy of their
enemy. All things considered, then, it will be
seen there is not so much cause for disappoint-
ment as was generally believed—that, in point of
fact, we estimated America too highly, and ex-
pected more from her than we had a right to do.
While confessing this error, however, the opposite
blunder must be avoided. Because so little syra-
thy with, and so much hostility to us has been
expressed, we must not come to the con-
clusion that this is a fair representation of
the state of public feeling in America. On the
contrary, there is every reason to believe that the
great majority of the American people are with
us in heart, and consequently, to say the least,
indisposed to take part against us. This much,
at all events, is certain, France and England can,
and will, accomplish the great work they have in
hand, and thereby immortalise the present era in
both their histories without the aid of America,
however much, or little sooner, they might have
done so with it, The honour will be all theirs,
though America will reap quite as much of the
material advantages.

DEPARTURE OF PART' OF TM? BLACK
SEA FLEET FOR NAPLES.

We extract the following important intelligence
from a letter just received from Constantinople,
dated Oct. 1 :

"The intelligence we have received from the English
fleet mentions the adoption of a rather important mea-
sure. Four ships of the line are to leave the Black Sea
for the Mediterranean, viz , the Albion, 90 guns, Capt.
Drummond ' • Rodney, 90 ; London, 90, Captain Jones ;
Queen, 116, bearing the flag of Admiral Stopford. These
four vessels are accompanied by two of inferior size,
viz., the Wasp, screw corvette, and the Leander, sailing
frigate. The Albion is replaced pro tent, by the Queen
on the station at Constantinople. The Wasp sailed
ay yesterday, with nut coming to anchor, and subse-
quently entered the Sea of Marmora. A report, well ac-
credited, induce us to believe that these men-of-war, de.
tached from the English fleet, will not proceed to Eng.
land immediately, but they are destined to assume a
menacing attitude in the Bay of Naples, under the corn,
wand of Admiral Stopford.

LAW INTELLIGENCE—(This Day.)

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Evans.)
IN RE STRAUAN, PAUL, AND BATES,
BANKERS, STRAND.

This was a dividend meeting.
Mr. Lawrence, for the assignees, stated to his Honour
that Mr. Bates had informed him that a partnership
deed was executed by him when be joined the other
bankrupts. It was thought it was in the assignees'
office with the papers of the bankrupts, but on searching
it could not be found. It was now supposed it must be
with Mr. Cookney, who formerly represented the bank.
Search should be made for it, and as soon as it was
found it should be produced.
Mr. Bell, official assignee, said he had never seen the
deed of partnership.

His Honour said it must be found. He must see it
before he could decide many of the points raised.

Mr. Lawrence said that with reference to the point
raised by Mr. Bagley at the last sitting, for keeping the
estates of the bankrupts separate, each estate to answer
its claims, it was proposed to have a private sitting,
and examine the parties as to the course of dealing,
agree on the facts, and present them to his Honour,
who would then be asked to adjudicate on them. It
was a point of considerable iraportance to all interested,
and it was proposed to enquire into the mode by which
the bankrupts, as Huckford and Co., as army and navy
agents, received the half-pay and pensions of the claim-
ants. His Honour was probably aware that the prac-
tice was for officers not only residing in this
country, but when on foreign service, to give their
agents a power of attorney to receive their pay or
pensions, and, consequently, a great deal would depend
on the question of whose names were inserted in the
power of attorney.
His Honour said be must see the partnership deed
before he decided anything.
Mr. Lawrence said it was impossible to get the deed
to-day. The point raised was not to be decided to-day.
All he asked for was the appointment of a private sit-
ting to examine Mr. Bates and Mr. Torey, the principal
clerks who had succeeded the bankrupts as army and
navy agents. He proposed the examination to take
place on Wednesday next.
His Honour granted the application, and again im-
pressed on Mr. Lawrence that he must have the
partnership deed produced.
Mr. Prior, whose claim for 1,0001. at the last sitting
stood over for him to show the consideration he gave
for the bill, appeared and produced the cheques he gave
when ho discounted it at 5 per cent. discount.
Mr. Lawrence having examined them, and asked Mr.
Prior a few questions, said he wished all the trans-
actions had been of so straightforward a character as
that of Mr. Prior's.

Proof was accordingly allowed.
Mr. Linklater, on the part of Mr. Walkinshaw, con-
nected with the City of Glasgow Insurance Company,
who claimed for 13,3501. at the former sitting, said he
had since then had an opportunity of examining
the covenant in the deed on which the claim
had been made, and be proposed now to withdraw it,
because that gentleman was not named in the deed on
which the claim was made, and to ask it should be
made in the names of the five gentlemen named in the
deed, and in favour of whom the covenant in the deed
was given by the bankrupts. The deed was dated the
2d June, 1854, and the facts were beyond dispute, but
on looking at the deed the question arose whether at the
present time these gentlemen had any right to prove,
seeing that by the deed the bankrupts were stated to be
the sureties for Gandall Brothers for the payment of
20,0001. in three instalments. One instalment only had
become due, and therefore he applied to prove for
the two remaining instalments not due, under the
177th and 178th sections of the Bankruptcy Con-
solidated Act, which had relation to a contingency
similar to the liability of the bankrupts under the deed
in question, and gave the Commissioner power to ascer-
tain the value of the contingency, and allow the persuns

to prove for it.
Mr. Lawrence said the facts were not disputed.
There could be no doubt Strahan and Co. were bank-
rupts, and he believed it might be taken that Gandall
Brothers had since become bankrnpts in France.
Mr. Linklater said he believed tho argument to be
adopted on the other side was, that this was not a debt
on a contingency, or to pay money on a contingency,
under the sections of the act he had named. The learned
counsel quoted a number of cases in support of his ap-
plication. The Court would have to determine the value
on which his clients should prove.
lUr. Lawrence said that the covenant in question was
not one in which the bankrupts were to pay, but some
other person. The case adverted to by Mr. Linklater did
not apply in this case. The claimants here had no right
to prove under this covenant, which was not a security,
nor had any default taken place under it. The remedy
against the bankrupts was by an action at law for the
breach of the covenant by the principal debtor, the value
to be assessed by damages, and which remedy existed
notwithstanding the bankrnpts obtained their certificates.
He contended there was no contingency here as contem-
plated by the 177th and 178th sec. of the Bankrupts
Consolidated Act, and quoted a number of cases to show
that this breach of covenant did not give the claimants
a right to prove under the bankruptcy.
Mr. Linklater having been heard in reply,
His Honour reserved the point.
Mr. Hacon applied to prove on the separate estates

of the bankrupts on the part of the Edinburgh Life
Assurance Company, in the name of Mr. Finlay, the
manager. The claim was for 10,0001., the balance of a

larger sum with interest up to the date of the petition.

The covenant in the deed was to pay a large sum of
money by eight instalments, seven of 3,0001. each, and
the eighth of 4,0001. Of these instalments all but
three were due prior to the bankruptcy, one had since
become due, and the remaining two were not yet pay-
able. In this case, the bankrupts jointly and separately
covenanted that, should Gandall Brothers not pay, they
would pay the debt and interest by quarterly instal-
ments. There ;was ;'default in one instalment, and he
proposed to prove for the value of the whole debt, but
if his Honour thought that inexpedient be would
prove for 3,0001. due July last, and enter a claim for
the remaining 7,0001.
The question was accordingly reserved.
Mr. Bell (solicitor) asked to prove for a debt on the
part of the only son of Sir J. Paul against that bank-
rupt's private estate. On the marriage of the son with
Miss T. Kay in 1851, the father granted him an an-
nuity of 9101. payable by quarterly instalments during
lifetime. The father was 54 years of age, and the son 28,
and the annuityhad been valuedbyMr. Morgan at 7,5781
Mr. Lawrence had no objection to the proof but
suggested, as the son was indebted to the estate, it
should be named on the margin of the proof. The
assignees were entitled to a set off.
The proof was admitted accordingly.
Mr. Bell then claimed to prove for 2981., on the part
of his daughter•in-law, who the father-in-law covenanted
to pay an annuity of 3001. per annum on his and her
surviving the husband, and so long as she remained a

widow.
Mr. Lawrence said this was a contingency which he
wag at a loss to know how the actuary valued it.
His Honour ordered this claim to stand over.
Mr. Bell then claimed to prove for 9,0001. console for
the son, against the separate estate of Sir J. D. Paul.
On the son becoming of age his father induced him to
surrender 9,0001. Consols, on his giving him a covenant
that on his death his executors should pay him the
amount. This amount was a part of the wedding por-
tion of the bankrupt's wife, who was dead, and in which
he bad only a life interest. The son was the only issue
of that marriage.
Mr. Laurence had no objection to the admission of
the proof. The son appeared to have given ample conf
sideration.
Mr. Bell—Ho gave up the reality for worse than the
shadow.
Some other proofs having been admitted, the dividend
was adjourned.

POLICE INTELLIGENCE—(This Day.)

SOUTHWARK.

ASSAULT UPON A WIFE BY HER HUSBAND.— William
Hands, a middle-aged man, described on the charge
sheet as a watchmaker, was brought up on a warrant by
Fentom, 227 M, one of the officers of the court, charged
with committing a brutal assault on Emma Hands, his
wife. The complainant, a decent-looking female, said
she hail been married to the prisoner six weeks, and a
few days afterwards he commenced ill-using her. At
times his canduct was so violent that she believed he
would murder her, and then he broke every piece of
china and glass ware in his reach. Wednesday night
she was sitting up for him with her child upon her lap
when he came home, pulled her off the chair, and struck
her with his clenched fists on several parts of the body,
besides kicking her in the face in a violent manner until
she was insensible. He then left ber, and now she be-
lieved her jaw was broken. The magistrate asked her
whether she had been to a doctor 1 She replied that
she had, and he advised her to go to the hospital, but
she had not done so at present. The magistrate asked
her whose child it was she was nursing ? She said it
was hers by a former husband, an she had two older
than that, which the prisoner was quite well aware
The magistrAte ailed her
of before he winded her.