The Sun.
London, England, 1852-06-17 00:00:00

THE SUN, LONDON, THURSDAY EVENING,

tions of Lord LYNDHURST, been placed in such a
position as to give a well-founded hope of speedy ad-
justment. The simple narrative of the wrongs in-
flicted on the parties, in the name and with the sanc-
tion of the English Government, excited a general
feeling in the House and in the country of sympathy
for the oppressed, and indignation against the
oppressors. This feeling led to a unanimous reso-
lution for the appointment of a Select Committee
to investigate the entire circumstances of the transac-
tion, so that the stigma of unjust and dishonest con-
duct may be removed from the British name. Under
the convention that had taken place, the Baron DE
BODE was entitled to compensation for the injuries
he had sustained, not from the French, but from the
English Government, which, in consideration of
60,000,000 of francs, or 2,400,0001. sterling, had
taken all these liabilities on itself. And so far as the
justice of the case was concerned, it signified nothing
whether the Ministers, for the time being, had made
an improvident bargain, so that the entire fund
were exhausted in satisfying the demands of
other claimants. In any case the losses of
the Baron, an English subject, should he
recompensed from the national Exchequer. And
this view of the case is corroborated by the fact
that when it was erroneously supposed that there was
a surplus it was not restored to France, but paid into
the Treasury 'and applied to public purposes, we
believe to, the building of Buckingham Palace, the
general destination of all unappropriated balances
being the erection of Royal Palaces in the good old
times when GEORGE the FOURTH was King. No
matter then what may be stated of the fund, or how-
ever inconvenient or unpleasant it may be to pay
half a million of money, the demand must be satis-
fied, if founded on justice and equity, and that although
it might be successfully resisted by an astute lawyer
on technical grounds, not going to the real merits.
There is, however, another case of equal hardship
which was brought before the public only last week
in the Court of Chancery, and which should be re-
ferred to the consideration of the same Committee.
We allude to the application made in the case of the
representatives of the parties claiming to be the next
of kin of the late SAMUEL TROUTDECK, in which an
injection was granted to restrain the claimant from
taking any further proceedings under the writ of
right that had already been obtained, or under
another writ, denominated " mon,strans de droitt
We do not impeach the judgment of the Loan
CHANCELLOR; he could not perhaps have pronounced
any other, taking into consideration the objections
I urged by the counsel appearing for the Crown.
Lord LYNDHURST admitted the justice of the deci-
sion pronounced in the case of the Baron DE BoDE,
and which, if final, would be fatal to his claim; but
he went on the broad ground that a mighty nation
like Great Britain should not avail itself of technical,
or what may be termed unconscientious defences to
demands resting on the broad basis of substantial
justice.

The deceased, SAMUEL TROUTBECH, died in the
year 1785, 67 years ago, leaving property amounting
to between 300,0001. and 400,0001. A bill was filed
in 1792 for the administration of his estate and
effects, and a decree pronounced two years subse-
quently referring it to one of the Masters to ascer-
tain his heir-at law and next of kin, who reported
that there was no such person. The property was
subsequently transferred to the Treasury, and in the
year 1815 expended on the Pavilion at Brighton.
Many years afterwards the then claimants, two ladies
named ROBSON and AINSLIE, applied to be allowed to
go in before the Master to establish their title as next
of kin of the deceased. The application was granted,
but the decision in the Chancery suit, which was
carried by appeal to the House of Lords, was unfa-
vourable to the claimants. We are not aware of
the exact grounds of the judgment, but the
real substantial issue, the only one that
could determine the merits, was whether
they were the nearest surviving relatives of the de-
ceased, at the time of his death. In order that this
might be fairly tested they put forward what is
termed a petition of right, setting forth the nature of
their claim and praying relief. Now, if it had been
intended to rely on the former proceedings in the
Chancery suit as being final and conclusive, it is
quite clear that the prayer of the petition should have
been rejected, and that the applicants should not be
suffered to incur heavy expenses, or allowed to en-
tertain unfounded hopes. Had such a course been
adoptal, perhaps, no well founded complaint could
have ben preferred, for there had been an adjudi-
cation, which was adverse to the alleged rights of the
petitioners.

In place, however, of that simple and straightfor-
ward course the law advisers of the Crown for the
time being, relying, perhaps, on the great difficulty
of establishing a relationship after the lapse of so
many years, assented to the application, the usual
answer, " Let right be done," was returned, and the
writ issued in due course. The allegations
of the petition were referred to a special jury, who,
after a protracted investigation, returned a verdict
in favour of the petitioners, finding that they were the
sole next of kin of the intestate, and as such entitled
to his immense personal estate. A petition was then
presented to the then Lord Chancellor (CovrErinAm)
praying for liberty to enforce the inquisition. The
law officers, however, when the facts had been
found favourable to the claim, began (as in
the case of Baron DE BODE) to take technical
objections. Then they considered that proceedings
should be stayed on the ground of the finality of the
Chancery decision. After a further delay of two
years, Lord COTTENHAM pronounced judgment, re-
straining the parties from proceeding at law to enforce
the verdict, or from taking any proceedings to enforce
their claim, except in the suit in Chancery, and
this order was confirmed on appeal before Lord ST. '
LEONARDS last week.

Here then is the position of the case. The present
plaintiff is prevented from obtaining rights that have
been established by a verdict which has not been set
aside or even impeached. If Mesdames ROBSON
and AINSLIE were the next of kin of SAMUEL TROUT-
BECK, Mr. MONKTON is entitled to a large sum of
money, which has been paid into the national
Exchequer. An intelligent jury has declared that
they were so. Let the fact be investigated over and
over again if necessary; but we cannot believe that
while such a verdict remains on record it will be con-
sidered just or expedient to prevent the party from
following it up and obtaining the rights to which
he is entitled thereunder. We trust, then, that some
Noble Lord will think it advisable to move that the
case of MONKTON V. the ATTORNEY-GENERAL he
submitted to the consideration of the same Committee
that is to report on that of the Baron DE BODE,
and that " not for the sake of the claimant, but for
the character, honour, and dignity of this great
country."

BATTY'S ROYAL HIPPODROME.—This interesting
place of resort and recreation still continues attractive, and
the daring feats of horsemanship succeed each other with
astonishing rapidity. The interest and excitement caused
by the jockey, car, and other races is almost incredible;
nor can we speak too highly of the daring as-
cent of Mademoiselle Eisler on the elevated corde,
or the Brothers Elliott as the flying
Calisthenics.
Scarcely less interesting or extraordinary were the feats of
the Nicole Family. Mons. Franconi, the able direetor, de-
serves especial notice for the wonderful training of his dapple
grey horse Johnstini. The car of Bacchus and the attend-
ant bacchanalians elicit thunders of applause, arranged as
it is with singular ingenuity, and producing the most
pleasing effects; and we doubt not but Mr. Batty will reap
a golden harvest.
MASQUERADE AT VAUXHALL TO-NIG UT.—A grand
bal masque and Venetian carnival is announced at the " Royal
Property" this evening, and to-morrow (Friday), the anni-
versary of the battle of Waterloo, a magnificent gala, to
celebrate the triumph of British arms, and in honour of the
" hero of a hundred fights," his Grace the Duke of Wel-
lington, on which occasion the veteran aeronaut, bir.Charles
Green, the" Columbus of the Skies," as he has been face-
tiously termed, will make a nocturnal ascent in his rnonstrc
ariel machine, the great Nassau balloon. The illuminations,
by that "Genius of the Lamp"—the modern Aladdin-31r.
Robert Duffel], will be brilliant in the extreme, introducing
many new and appropriate devices, in addition to which
there will be double display of fireworks.
ROYAL MARIONETTE • THEATRE.—The attractions
of this elegant theatre continue endiminished, nor do the
late rains appear to have affected either the voices or spirit
of the performers. Last evening the Duchess of Sutherland
accompanied by a brilliant party, among whom were the
Marchioness of Kildare, the Earl of Grosvenor, Lady Con-
stance Grosvenor, Lordli Frederick Leveson Gower, Lord
Albert Leveson Gower, and Lord Ronald Leveson Gower,
honoured the theatre mith their presence.
MARKED SALMON.—On the 13th instant, a small
salmon, weighing 21b. 10oz. was caught by Mr. Young, in
the stake-nets in Wlgtown iay, at the mouth of the Blad-
noch. The tail was deeply nicked as if by a knife for about
a third of its breadth down to the root, and a slight after-
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