The Sun.
London, England, 1830-08-27 00:00:00

PARLIAMENTARY PAPER.

LAW OF REAL PROPERTY.—No. IL
SECOND REPORT OF TIM COMMISSIONERS.
(Continued from our Paper of yesterday.)

The principle, upon which protection is afforded
by the assignment of a term, is founded upon certain
rules of equity. When the legal estate is vested in
a trustee, he, and all persons to whom it passes as
his representatives, or under u voluntary convey-
ance, or with any knowledge of the trust, are con.
sidered to be bound in conscience to perform the
trust; but a purchaser for valuable consideration,
who obtains a conveyance for the legal estate with-
out notice of the trust, is not considered to be
under any such obligation. When the owner of a
legal estate has made a conveyance of it for valuable
consideration, if he attempt to make a subsequent
conveyance, it con have no effect. When the
owner of the equitable estate sells it to one person,
and afterwards sells it to another, who is ignorant
of the former sale, and neither of them has obtained
a conveyance of the legal estate, the first purchaser
is preferred, according to the maxim qui prior eat
tempore pallor cat jure; but if the second pur-
chaser 'obtain the legal estate, be thereby defeats
the right of the first purchaser; it being considered
that the second purchaser, who has paid the value
of the estate without knowledge .of the former
sale, has a right in conscience equal in degree to
that of the first purchaser, and it is an established
maxim, that between equal equities the law shall
prevail. If the purchaser procure the legal estate
to be transferred to a trustee of his own nomination,
who accepts the estate upon trusts declared by the
assignment, this, for the purposes of protection, is
held equivalent to the purchaser's having the legal
estate himself; and, it maybe observed, that in
some cases the • protection is obtained by means,
which are held to give the purchaser a preferable
right to call for the legal estate, without his procur-
ing an actual conveyance of it.
Such is the system under which purchasers are
protected against secret estates and charges by the
assignment of outstanding terms, and it may be
observed, that the estates and charges against which
such protection is obtained, may be either legal or
equitable.
Legal estates in fee vested in mortgages or trus-
tees, are usually, after the purposes for which they
were separated from the equitable estate have been
satisfied, So conveyed us to re-unite them with the
equitable estate, because it would be of no use in a
purchaser to keep such estates separate. Any
estates or charges created by the beneficial owner,
during the separation, must be equitable; and the
purchaser without notice, by obtaini/ig the legal
estate, is effectually protected against any such equit-
able rights.
The expedient of obtaining
oosefuettrsheteant
exedsiptnaeitne ss
et. artisieldsl
yc :01
aca
occasions
cy
au theltpice;assignment
api oesr t
-ft
nation.

lo every ease, In which there is an outstanding
teem, term must be shown in the
srim the
emanntietrle to theatitit
e title to the Freehold ; and where
there is more than one term, the title to each term
must be shown; so that in fact, 411 Mal titles most

UR term be assigned by the deed by which the
inheritance is conveyed to the purchaser, the deed is
-neeeAsarily longer, and the expense is increased ; and
if the term be assigned by a separate deed, which is
generally advisable, the expellee is still greater. Not
unfrequemly the separate deed is much longer than
the conveyance of the inheritance, particularly if the
term be an old one, and has not been recently assigned,
or has not been assigned at all, in either of which cases
it is considered the most correct practice to show
the title to the inheritance in the deed of assignment,
from the time when the term was last assigned to
attend, or from the time of its creation.
To guard against the difficulties which frequently
.arise in establishing a term at law, it is usually

thought advisable, where there are several attendant
terms in the same land, to keep many of them on
foot, in order that the person claiming protection,
should he fail .11 to one term, may have the chance
of succeeding to another. In consequence of this
precaution, and also of the numerous instances in
which different terms comprise different portions of
an estate, a great ember of terms are frequently
kept on foot in the same title.
Expellee, delay, and difficulty frequently arise in
finding the trustees, in whom the terms have been
:vested, or in tracing their representatives. Many
difficulties occur in consequence of wills or adminis-
trations necessary to trace the title to the term not
having been proved or taken out, or when proved
or taken out, in consequence of the Court, in which
they have been proved or taken , being disco.
vered to be a Court, either havinr no jurisdiction,
or only a defensible right to grant probate or admi-
nistration. These difficulties are increased by the
uncertainty, which exists, in many cases, respecting
the Court in which the probate or administration
ought to be granted or taken out.
Although a purchaser is usually advised to obtain,
at great expence, the assignment of a term, when-
ever it appears to exist, in order to guard against
secret estates and charges, yet the protection thus
acquired is always precations and frequently inade-
quate. What may appear on a tide produced to a
purchaser to be the oldest or only term, cannot
safely be relied on as a protection, because he can
never be certain that it actually is the oldest or
only term, or that it has not been previously
transferred by a deed concealed from him. A
term cannot he relied upon where, from the land
being described in too general and imperfect a man-
ner, or where, from changes having taken place by
building, making new divisions, or otherwise, suffi-
cient evidence cannot be 'obtained to identify the
land described in the deed or will by which the term
was created, or where any of the instruments e,-
sential to the support of the title are lost or sup-
pressed. The uncertainty to which we have before
adverted, whether the will of a deceased trustee of
a term, or the administration to his effects, has been
proved or tuken out in the proper court, occasions
great hazard in making use of the term.
When an assignment of a term ha's been tolerated

the protection afforded by it may be lost through
accident or carelessness, of which some instances
may be mentioned. If the estate subject to the term
be conveyed or devised to the trustee of the term
for his own benefit, or aka trustee, or one of several
trustees, the term in thsilehole land, or in the undi-
vided part of which the reversion may thus become
vested in the trustee, will be extinguished. The
same effect will be rroduced, if a lease of the land
be granted to the trustee of the term. The term
and the reversion may become vested in the said
trustee, by marriage, descent, or representation, as
well as under deeds or wills; and in many of such
cases the question whether the term is extinguished
depends upon nice distinctions.
The protection afforded by a term is always ren-
dered precarious by the rules of equity respecting
notice, and by the doctrine of presuming the sur-
render of outstanding terms; and particularly by
the recent extension of that doctrine to the case of
a term assigned in trust to attend the inheritance.
Notice, according to the rules of equity, is not
confined to actual knowledge or information in the
ordinary sense of those words. The dougjne of
notice has been expanded into a system or great
subtlety and refinement.
Notice is either actual or constructive: but, for
most purposes, there is no difference between them
in their consequences.
It is luid down in the books that actual notice
must be given by or on behalf of a person having a
claim on the property, and in the course of the
treaty for the purchase; and that it must not be
vague report or assertion of such claim, nor even a
general claim, without reference to particulars. Yet
a book of highl authority states, " however, no per-
son could be advised to accept a title concerning
which there were any such reports or assertions
without having them elucidated; because, what
one Judge might think a flying vague report, or a
mere assertion, another might deem a good notice."
Constructive notice is scarcely susceptible of de-
finition; and it seems admitted that no certain rules
as to what shall amount to constructive notice can
be laid down. We shall state some of the many
instances of it which are to be found in the books.

Notice to the counsel, attorney, or agent, of the
purchaser, or to the sub-agent, as the London agent
of the country attorney, employed in any part of the
transaction, is held to be notice to the purchaser;
although it may be clear that the fact was not corn-
muniemod to him ; although its importance may not
have been understood by the agent; although if
employed (as frequently happens) by both parties he
may have received as agent for the one what it be-
came his duty to make known to the other ; and
although the purchase may have been made without
the purchaser's knowledge, and he may afterwards
have adopted it on the agent's representations. This
species of notice is frequently treated as actual notice.
A suit in equity, unless collusive, is, during hs
continuance, constructive notice to all persons of the
claim raised by it, although the purchaser of the
estate and his agents may never have heard of such
a suit. A suit determined ceases to operate as no-
tice; but it appears to have been considered that
an appeal from a decree would recall the suit into
existence, so as to affect a purchaser in the interval
with notice.

It is held generally, that whatever is sufficient to
put a purchaser upon inquiry, is good constructive
notice; in other words, that; when a man has suffl-
dent information to lead him to a fact, he shell be
deemed to know such a fact. When a title is made
out through a deed, the purchaser has constructive
notice of every fact to the knowledge of which that
deed leads, by recital, by description of the parties,
or otherwise, immediately 'or remotely. So a par-
chaser who has notice of a deed, has constructive no-
tice of all its contents, though his advisers may not
have thought it necessary to examine or require the
inspection of the dced. Where an estate is in the
occupation of tenants, the purchaser is deemed to
not only of their actual leases, but of
any agnroeteme;nts relating to the property, which the
tenants may have made with their landlords.
It must ,be obvious, from what we have stated
with regard to the doctrine of notice, that there unlit
be numerous cases in which a fair and even vigilant
purchaser may be deprived of the protection of
the term.

When the purposes for which a term was created
are satisfied, Courts of Law, with a view to expe-
dite justice and save expense, frequently direct, or
leave u jury to presume its 'surrender, and by that

fiction are enabled to determine the question bet wren
the litigant parties, as if the legal and equitable mate
had never been separated. Bur although this fiction
may be resorted to without prejudice to the rights of
parties, where a term is merely attendant by con-
struction of equity, it was always considered that
the presumption could not be extended to a rerun as•
signed expressly in trust to attend the inheritance.
But in opposition to the practice of Counsel for a
long series of years, recent determinations have,
against,the.opinion of ninny eminent lawyers, sups
ported the presumption of the surrender of -terms,
even after they had been assigned in trust to attend
the inheritance. If these decisions are to prevail,
the whole system of protection by the assignment of
terms will lie deranged; for there are very few old
terms which, from some circumstanees after the as-
signment to attend the inheritance, may not be pre-
sumed to have been surrendered.

We may here remark, that even if a purchaser
who has got in an outstanding term, could rely on it
us u protection against secret incumbranees, yet there
is ground to contend that his title is not marketable,
anti that a subsequent purchaser, with notiee.of an
incumbrance existing at the time of the former pur-
chase, may refuse the title, because the absence of
notice ut the time of the former purchase will not
admit of proof. And we may further remark, that
if a purchaser, by means of An outstanding term,
protect himself against adverse claims, 'he protects
himself merely to the extent of the term.

With reference to the expedient for protection
against secret estates anti charges afforded by the
assignment of terms, it is an important considera-
tion, that in a great proportion of titles the protec-
tion cannot be obtained. It may safely be asserted,
that terms are not to be found 111 more than hull of
the agricultural and family estates in this country,
and that they are more rare in houses in towns, and
small properties. This is a decisive answer to those
who consider that the system of protection against
secret estates and charges, afforded by the assign-
ment of terms, renders unnecessary the establish-
ment of a General Register.
But the imperfection of this system of protection
by outstanding terms will not ba fully appreciated
unless it be remembered, that in proportion as it is
a means of protection, it is art actual source of dan-
ger to purchasers, and a cause of mischiefs which
without it would not exist.

A purchaser conceiving himself protec!ed by the
assignment of a term, is not liable to be defeated by
a prior ineumbranceri who may have obtained al,
previous assignment of the same term, or an assign-
ment of an older term, but he is also liable to be
defeated in the same manner by a subsequent in-
cumbraucer. Thus, where a mortgagee has relied
on a term assigned to a trustee for his protection,
the mortgagor may make a subsequent mortgage, of
sell the inheritance; and the subsequent ineum-
brancer or purchaser not havhig Notice of the ori•
ginal mortgage, if he obtain an assignment of an
older term, will prevail against the original mort-
gagee. he danger arising from the neglect to get
in the outstanding legal estates exists in practice to
a great extent in cases in which titles are not usually
investigated with strictness, such as marriage settle-
ments, and purchases of small value, The practice
which we have before noticed, of assigning terms by
deed, separate from the conveyance of the fee, affords
a facility to persons to conceal the existence of out-
standing terms.
If the system of protection by the assignment of
terms could be made available in every title, and
were not productive of the other evila adverted to,
it would still be open to the 'objection, that it is
liable to work injustice ; foe whenever it comes ity o
operation, its effect is simply to transfer the injurious
consequences of fraud from one innocent party to
another, and generally to postpone or exclude a per-
son who had, by priority in point of time, the best
equitable claim.
By this artificial system legal rights are made to
depend on matters foreign to the merits of the case.
' Suits are occasioned by it, in which the question is
not between the rightful and the wrongful party,
but between two having equal merits; the point to
be determined being which party shall be the victim
of the fraud of a third party, or of mere misfortune,
and the result of which suits depends on a sort of
chance. To obtain the accidental advantage of the
" Tabula in Naufragio" (as it is called), very ob.
jectiorkble proceedings may be resorted to, which the
law is forced to countenance; as where a man, by
climbing into an open window, to which he had No
lawful access, obtained a deed, the possession of
which entitled him to the benefit of the legal estate.
Thrtsystem has u tendency in some cases to pro-
mote fraud; it may enable a party who has made a
settlement or mortgage to defeat it with greater fa-
cility ; it appears, too, that in some instances it in-
duces a system of selfish caution, with an indifference
to the just claims of other persons, since some re-
spectable practitioners have avowed, that when an
outstanding term can be obtained, they advise their
dews to omit the usual inquiries, by which the
existence of intermediate ineumbrances might be
discovered, and to rely upon the legal estate to de-
, feat them.

There are many cases of secondary and partial
interests in real property for which the protection
we have been considering cannot be obtained.
These interests, therefore, are without any pro-
tection against secret deeds, unless it should he held
by analogy to some late decisions relating to equitable
interests of a different description, that it may be
obtained by giving notice of the purchase to the
person having the legal estate. On this principle
it his been contended, that the owner of an equitable
interest, by giving notice to the owner of a legal
estate, may entitle himself to priority over a former
purchaser of an equitable interest in the same hind,
who may have omitted to give the like notice, and
of whose interest the purchaser had at the time of
his purchase no notice.
The rule, however, giving this preference (con-
sidering that eminent lawyers are understood not
to be satisfied with the grounds on which the cases
referred to rest) can scarcely be said to be esta-
blished. The inadequacy and Inequality in its opera-
tion of this expedient are easily made apparent : the
purchaser of an equitable or a secondary interest
may not Icpow who holds the legal estate, or may
not have access to hint, or such person may be in-
capable of receiving the notice, or other circum-
stances may afford a just excuse for not giving the
notice. The legal estate may be held by many per-
sons, or split into various interests. The pereon
receiving the notice, if it be not indorsed on the
deed under which he holds (which indorsement
cannot always be procured), may mislay the notice,
and forget it ; the legal estate may be transferred
or transmitted without the notice; there may ulti-
mately be disputes nhether the notice was given,
enrvegeinve Io
severalto t p
arirgt !lets
whoperso mayn;or h a
ast o priority bo-
ve
given like
notices; or whether the notice, although lightly
given, ought, under various circumstances, to have
effparties, or against subsequent
parties The tendency of this expedient must be, on the
ect againstwltom trios
may" not have reached.
whole, to counteract the protection to be obtained
by means of the legal estate; like that, it must oite.
rate sometimes in accordance with, and sometimes
against natural: justice. -
Owing to the peril known to attend securities on
equirebie interests, trustees are well understood not
to be at liberty to advance money upon them, and
practically, such interests be under great disad-
vantages as to transfer.

The siege of Jaffa, a paltry town, dignified as
the ancient Joppe, commenced on the 4th, and
terminated by assault and pillage, on 'the 6th of
March. The carnage was -horrible. Bonaparta
sent his aides-de-campßeauharnois'and Cruiser
to-appease, as far as possible, the: fury Of the
soldiery ; to examine what passed, and report.
They learned that a numerous detachment of the
garrison had retired into a strong position, where
large buildings or caravanserai surroneded a
court yard. This court they entered, displaying
the scarfs which Marked their rank. The Alba=
nians and Arnauts, composing nearly the- entire
of these refugees, cried out from the windows,
that they wished to surrender, on conditiOn that
their lives were spared ; if not, threatening to
fire upon the officers, and to defend 'themselves
to the last extremity. The young men con-
ceived they ought, and had power, to accede to
the demand, in opposition to the sentence of
death pronounced against the garrison of every
place taken by assault. I was walking with
General Bonaparte before his tent, when these
prisoners, in two columns, amounting to about
four thousand, were marched into the camp.
When he beheld the mass of men arrive, and
before seeing the aides-de-camp, ie turned to
me with an expression of consternation, ,g What
would they have the do with these ? have I pro-
visions to feed them ? ships to transport them
either to Egypt or France?, horn the devil mold
they play me this trick ?" The two aides:qhss
camp, on their arrival and explanatiteis, reseivett
the strongest reprimands ; to their. defence, Ow:
they were alone amid numerous enemnie:', aqd
that he had recommended them to appease the
slaughter, " Yes," replied the Ge»eral in the
sternest tone,. 6. without doubt, the slaughter of
women, children, old men, the peaceable iuha,
bitants ; but not of armed soldiers ; yOu ought
to have braved death, and not brought these to
me : what would you have me do with therit;?"
But the evil was done—four thomiand tacit
were there—their fate must be determined.
The prisoners were made to sit down, huddled
together befbre the tents, their hands being
bound behind them. A gloomy rage was de-
picted in every lineament; they received a
little biscuit and some bread, deducti:d front
the already scanty provisions of the ;spiny. 1.
council was held in the General's tent, which,
after long deliberation, broke up without conning
to any resolution, 'rho day following,,arrived,
in the evening, the reports of the Generak of
Division ; these contained only complai»ts out
the insufficiency of provisions and the. discon-
tent of. the soldiers, who murmured beeatn‘e of
their rations being devoured by enemies With-
drawn from their just vengeance. All these re-
ports were alarming, especially those of General
Bon; they even induced the fear of a rtvolt.
Again the council assembled, to whidi were
summoned all the Generals of Division. The
measures here discussed for hours, with a sin-
cere desire of adopting and executing that which
might save these captives, were the following:--
Should they be sent to Egypt ? and have
we the means of transpottation ? In this case
it would be necessary to give them a numerous
escort, and our little army would be too Weak
in a hostile country. Besides, how feed both
prisoners and escort, when we could give them
nu provisions on setting out, over a tract already
exhausted of resources by our passage ? If it
is proposed to send them by sea, where are the
shtps ? With every telescope turned upon the
ocean, we could not discover one friendly Sail.
Bonaparte, I affirm, would have regarded, this
as a real favour of fortune. It was this hope—
' I have pleasure in saying so—this thought alone
that enabled him to brave, for three days, the
murmurs of his army. But we ever hoped in
vain for distant succour ; it never came.

Shall these prisoners then he liberated!, They
will, in this event, either set out directly 'for
Acre, to reinforce the Pacha, or, trowiog them-
selves into the mountainous tract of Is7111)1011w,
harass our rear and right flank, and the deStrue.
tion of our own men will be the price of the,lifo
which we have spared. If this be deemed in-
credible, ask the question of our own expe-
rience—what is the life of a Christian dog in !the
estimation of a Turk? Ingratitune will here
become with thorn an act of religion I
Shall we then disarm and incorporate the!-:e
men among our own troops? Here occurred,
in all ha force, the question of provisions. Af-
terwards occurred the danger of such compa-
nions in an enemy's country. What was to In
done with them in the event of a conflict before
' Acre? or how dispose of them beneath the
walls of that city. The difficulties of provi-
sioning and of guarlding them increased more
anti more.

The third day arrived, yet no means, so de-
sired, of safety, presented for these unhappy
men. The murmurs of the camp augmented—
the evil went on increasing—remedy appeared
impossible—danger was real and pressing. On
the 10th of March, the order, ‘, that they
should be shot," was issued and executed.
There was no separation of the Egyptians, as
has been said—there were none.

Many of these miserable beings, composing
the smaller column, tvltich, amountiog to about
fifteen hundred, was drawn up on tbe betteh, at
some distance from the nktin body, wbile,the
butchery was going on, emaped by swimming to
some reefs out ofgun-shot. On perceiving this
our men Mid down their muskets on the sand,
and employing the signs of reconciliation and of
amity, which they had learned in Egypt, invi
the return of their victims. They did return ;
but, as they came within reach, they found death,
ancl perished amid the waters. .1 limit myself to
those details of this horrible necessity of wltieh
was an eye witness. The atrocious scene wakes
me yet shudder when I think of it, •as when it
f
ipmasssseild:)ieb
of fearful, in this day of blood, would slimrt
tibhraenndlees;eribe.
of the reality. I have reported the truth-41w
much
Aratilliteiru'ittt'Octatilidble
cci
whole truth. I assisted at all the debates-I—lt
all the conferences—at all the deliberations. 1.
had, of course, no deliberative voice; but 1 4)wo
right of votng, my vote for death would have
a
ito declare, that, had I possessed
and the circumstances of our army, would have
biteetnoa;li'errtirtryative. The result of the deliberations,
constrained me to this opinion. W'e'ar unfor.
tunately offers i
nstances by no means rate, in
an
f all
tmwe which
tistl
shalt be :heft sleadwi !toe 't'
0110 oti:airsapteouab,
good,lic
posterity an i htuom
judgeanitywhether
itself he e
sfuocrgholtvtzettlit.th It 4 is
ro r
rible position of Bonaparte. I, on myepacirt,
have an intonate conviction of the fact ;
over, it was by the advice of the c011i;(11
officers,
whose opinion finatlly became unatd-
thous, that the matter was decided. 1 MU it 41'30
to truth to state, that he yielded. 04 at the mist
extremity, anti was, perhaps, one of those who
witnessed the massacre with the greatest sorrow.
Constable's Miscelktny, Vol. LVII.

Fit/iNCE.

0141 PEERS, Auu.

Tito Session opened 'at a loaner-past two. The
Prince Royal; Duke of-Orleans, entered whilst the
prac44,eehal was reading; and took his customary
place. The Duke de Broglie was alone on the Mi.
nisterial bench.

-
The Marquis de Pange, the Count de St. Priest,
the Marquis d'Angosse, Count POrtl, Count du
Cayla, and Viscount Bonchage, took the oath.
The Marquis d'Arragon, the Marquis d'Aramon,
and Count de Lynch, wrote that they were pre-
vented from attending by sickne,s, but that they
will take their places as soon as possible.
The President read the following leiter from. the
Martinis de Perignon :
" M. the President,-llaving been unable to be
present at Paris at the time of the events which
have lately taken place I have taken no part
in the resolutions of the Chamber of Peers. The
meetings of the 7th and 10th of August are well
known. My duty, as a true and loyal F'eer of
France, is masked out. I adhere to the principles
expressed by the Viscount de Chateauhriand, in al-
most the whole of his noble speech, delivered ut the
sitting of the 7th of Atign.t. I withdraw myself for
the reasons assigned in the sitting of the 10th by
the ViscOunt Dambray. Be pleased to communicate
my letter, in full, to the Chamber," &c.
_ .

The Duke de Firs James rose to address the
Chamber in reference to the letter of the Marquis de
Rouge. The Noble Peer said—" Since the sitting
at which I took the oath, I have not seen, or com-
municated with, the Marquis de Rough, the Peer said
to hare signed a letter published in the Quolidienne,
which gave rise to a discussion at the last sitting. 1
think it my duty to make this declaration before 1
enter upon the matter in question, because 1 feel that
I to deal with a Ministry that is somewhat
• eapticius.",--(A laugh.)—The Noble Peer repeated
that when he took the oath he thought he was

following the wishes of him whose misfortunes he re-
. spewed, and for whom he would have sacrificed
his life over and over again. " Contribute to the
maintenance of peace and order in France, and this
will be serving me." Such were his last words;
but at the same time he had no reservation, and pro-
nounced the oath as a man of honour. The Duke
then took leave to tell Ministers that it was but a
pitiful opening of their career to criticise letters and
gyre a forced construction to words which may have
slipped from the pen. lie thought it would be
better for them to occupy themselves with more im-
portant cares, and think. of the public good, and pre-
pare against the storms that were ga►hering over
their heads,--(l•furmurs, and " Get on, go on.")—
They should above all things endeavour to satisfy
the country that the revolution► accomplished by the
public would • promote the public interests and the
laws, and not merely serve the interests of a party
who abused the victory, by using it for the indul-
gence of their private resentment. lie concluded
by expressing a hope that Ministers would not believe
that any Peers retained opinions or sentiments dif-
ferent from those they had avowed.

The Duke de Broglie, Minister of Public Instruc-
tion, replied that it was not his disposition to search
too deeply into men's consciences, but that when
motives for taking an oath were publicly assigned,
the very act made them liable to discussion. The
Ministry, however captious it might be (the epithet
was rather prematurely applied), would have said
nothing, anti asked nothing, respecting an oath taken
by men of honour ; the explanation had been pro-
voked by the insertion of a letter in the journals,und
the noble Peer, in addressing it to the public,gave the
Chamber the right of inquiring the meaning. of
Ile (the Duke) knew but one restriction in respect
to the oath, which was the reciprocity of engage-
nsent between the person that took and the person
who 'received it. " 1 have taken," he said, "an
oath of fidelity to L.ouis Philippe : so long us Louis
,Philippe fulfils the oath he has himself taken to
VrtMen, I will maintain mine.—(Numerous signs of
assent.)-1 :took en outh'to the late Government; 1
observed It obicurely, but faithfully, till the last
moment. The instant that the oaths which had been
taken to France were violated, I thought myself
disengaged from mine."
The President then read a letter from the Mar-
quis de RuugeS, avowing himself to be the writer of
the letter published in the Quothlicaite, but at the
same time declaring that he took the oath purely
and without reserve.
The .Chamber declared itself satisfied with the
explanations given.
Count ,Simeon, reporter of the committee ap.
pointed 'to take. into consideration the letter ad-
tfressed to the President by the Prince de Polignac
rose auti adressed the Chamber to the following
effect :--
• • • • . • •

" Gentlemen —The-grand and terrible event
Which has just changed the entire face of Prance bits
given rise to the arrest of several of the Ministers of
the late Government, members of the Chamber of
Peers or of the chamber of, Deputies, who are
protected by artielei 20 and 44 of the Charter. The
former article declares that no Peer can be arrested
without the authority of the Chamber; the latter,
that no member of the Chamber of Deputies can
be arrested or prosecuted in criminal matters during
a session, unless taken M flogrante,riciiciu, until
after the Chamber,has granted its permission. The
penal code awards a severe punishment to an hi-
fraction of this constitutional decree,. unless in the
case of:flora:tie ddieha or public clamour. This
guarantee, which no doubt prevented the local au-
thorities proceeding beyond the mere arrest and de-
tention warranted by the public clamour which
existed, is that which- the Prince de Polignac claims
by his letter of the 12th instant from St. Lo, ad-
dressed to the President of this Chamber. The
Minister of Justice has also considered It his duty
to acquaint the Chamber with the arrest and deten-
tion of the Prince 'de Polignac at Saint Lo, and the
Count de Peyrointet at Tours, in order that, in
consequence of the impeachment against them,
proposed by the Chamber of Deputies, the Chum-
her of Peers in its wisdom may take such measures
as to them may seem meet. The letter of the Mi-
nister of Justice millet President of this Chamber,
dated the 21st :instant, together with that of the
Prince de Polignae, were referred to the COm-
mittee,es whose organ theve the honour to melee a
report to you upon the subject,. The Committee
conceived that there were two questions •for their
consideration t-1. Whether the guarantee could
be claimed ?-2. If it could, what measures
the Chamber ought to adopt ? Upon the first
question we do not think that the responsibility
attached to the. Minister deptives Ministers who
are ' Peers or. Depotiee of the guarantees
granted to them by the Charter. Every Mini.
ster who is a Peer or Deputy is liable to be called
upon to take part in the deliberations of the Chem-
ber of which he is a member. They must not there-
fore be prevented by any arrests which the officers
of justice may allow themselves to execute, some-
times through an excess of zeal, and in others with
a culpable view, in order to prevent a Peer or De-
puty, whether 11inister or not, from taking a part in
641011400 n in which their influence, is feared. This
guarantee is given leas to the potion than to the
litallie good, to the freedom of debate, and the rte
'VI*, march of the Government. It is sufficient for
thoyutpoette of justice, which are the power of up-
P""quiing any preen accused of a crime or offence,
that Pears or Deputies may be arrested without any
"P"" "'mint from their respective Chambers, if
found infiagrantedefietu or attestspublic l
and i !It_litit
trs
,111
subject
t eases
Io
etxhiestaartres.t ti rage mt, tteccesamsaoruyr,
it tiLer to cease or toPhelaiMm '4'l;jellmay
cause
the, , ~,___,,
_, 0 Thorny :rimed, according to
81.0tte Ton of the
.fto coed, the theperson
krii iiiiaoh„,l4o34! ~ L, 1, our optmon the
4
to
y or Mini Mer doe* not de-
Int— coe,,iiir' a 1-) V Petty of the protection which
0480
Art. 21 pt
~'.: . . . 41tia as snob, as according to
:-.300t. - ' ;oolie this protection is guars' teed Ili-.
'Wei '', •„1" o ate not either Peeriver,Deputies. This
.400,
ItoT
btAadrnittkti, the next question is, what steps
mugs -41 ,
` * Chamber to take in this case ? If a Peer

or a Deputy were arrested and detained for a slight
cause, or upon weak and doubtful evidence, we
should unquestionably iitsist upon the protection
granted to Itim. - But the Prince de Polignac hue
been arrested in consequence of a public Ourncur,
which has pursued him by reason of gets ivlddi they
bring upon hint a Vast responsiblity. We have
been olbeially informed that the Chamber of De-
puties is preparing an act of impeachment
against him ; anti who, under such circumstances,
could entertain a thought of sheltering him from
so high an accuser ? It appears that the Prince de
Polignac considers himself as not guilty, since he
asks permission to retire abroad. It is not by a
hasty deliberation, which would amount to an escape,
flint he ought to obtain the power of doing so. He
has the right, as it will be his duty, to defend his
innocence, he will be allowed every means, and will
Ine tried by upright and impartial judges; but to set
him at liberty would be the greatest, and at the same
time the most incredible, denial of justice that can
be conceived. Since he is under arrest, it is im- '
possible not to suffer the law to take its course, and
pronounce upon his guilt or innocence. We have
no need, as some Noble Peers think, to be formed
into a court of justice to come to a decision upon
the application of the Prince de Polignac. We shall
not be executing a judicial act; we shall be merely
refraining from demanding in his favour the consti-
tutional guarantee. We are not about to issue any
warrant against him ; we shall be merely authorising
a detention, which in fact has not been made by any
order of ours; we allow it to be available because
it has been called for by public clamour imputing to
him grave and recent serious offences. We grant
this authority not as judges, because there is not as
yet before us any form of process, but as members
of one of the two Chambers, each of which has the
right of putting an end to a detention made with-
out its consent. I have not made any mention of
sl. de Peyrotinet, because he has lost, by article 76
of the Charter, his right arising out of the character
and quality of a Peer. The impeachment with
which he is threatened will nevertheless be judged
by this Chamber, for the twofold reason that the
misdemeanours imputed to him were committed
when he was a Peer, and because till impeachments
brought by the Chamber of Deputies against a Mi-
nister must be tried before the Chamber of Peers.
lint it does not belong to us to authorise his deten-
tion, since be is no longer a Peer. He himself
tacitly acknowledges this by not making any appeal
to us, as the Prince de Polignac has done, with
whose arrest alone we have to occupy ourselves.
With regard to him, I have the honour to propose
the f‘illowing resolution :
" Having considered a letter signed Prince de
['divine, written from St. Lo, dated the 17th of
August, and addressed to the President of the Cham-
ber of Peers, by which, after announcing that he was
kept in detention, he claims the benefit of article 29
of the Constitutional (Mutter, promulgated the 14th
instant ;

" having considered the letter of the Minister of
Justice, dated the 2lst instant, by which he informs
the Chamber that the Prince de Polignac had been
arrested at St. Lo, and the Count tie Peyronnet at
Tours, in consequence of public clamour, us authors
of acts which form the matter of an impeachment at
this moment proposed to the Chamber of Deputies,
and by which he invites this Chamber to take such
measurer as it may think fit ; this Chamber has
come to the following decision :
" In conformity with Art. 20 of the Constitutional
Charter, the Chamber of Peers authorizes the arrest
of the Prince de Polignac made at St. Lo.
"As to the arrest of the Count de Peyronnet,
made at Tours, after considering Art. 78 of the
Charter, the (lumber declares that there are no
grounds for taking it into consideration.
" .The Chamber of Peers charges its President to
transmit this decision to the Minister of justice."
The proposition was adopted.
The President announced a message from the
Deputies, accompanied by two law projects, one re•
lating to pensions to be granted to the wounded,
and the widows and orphans of those who fell in the
lute contest, and the other to the new oath.
A report was then brought tip from the petition
committee, after which the Chamber adjourned.

CIIAAIBER OF DEPIMES, Atm. 23.

The Vice-Prcs;dent (NI. Lafitte) read letters from
the Deputies of Allier, Jura, and St. Brieux, de-
clining, in consequence of recent events, to consider
the mielves us Deputies, and demanding their dis-
mission.

The Vice President then rend the following letter:

M. Vice-President of the Chamber of Deputies,
•--The circumstances which induced me to accept
for the moment the Presidency of the Chamber
having ceased to exist, and my health preventing me
discharging such important functions, I beg you to
make known my resignation to the Chamber, and
to convey to it the expression of my gratitude for
the high mark of confidence with which it has
honoured me.

" CASIMIR PEltiEll."
The President proposed a vote of thanks to the
Hon. President, accompanied by the regret of the
Climber et the ill state of his health.--Adopted.
Upon the proposition of M. Donleylet, the
Chamber decided that a new President should be
elected to-morrow.

M. Labbey de Pompieres said—ln contempt of
sworn faith, and contrary to article 11 of the
Charter, citizens have beets expelled from France,
411(i torn from the bosom of their families. With
their eyes fixed upon their country, they have been
waiting 15 years for the moment of justice. The
hour of liberty has come for every Frenchman, and
they are waiting still! Men 00 years old are anxiously
looking forward to the moment when they shall em-
brace their great grandchildren. For them, days,
--4rours,. perhaps,---are years, We cannot hasten
too much in restoring them to their families. May
a friendly hand at least close their eyes ! May the
land which gave them birth receive their ashes;
This is the only wish they entertain. I therefore
submitted the proposition of a law for the repeal of
article 7 of the law which was called,ll decision,
an act of amnesty, for it was a proscription law to
which nothing but categories were wanting. Having
.learned that the Government have in contemplation
a law on the subject, I withdraw my motion.
The Keeper of the Seals stated that a law or or.;
&mince on the' subject would shortly be brought
forward.-4 Applause.)
The President—When the initiative belonged
solely to the Crown, it was customary to send by
message to the King a law voted by the Chamber;
this law was then presented by the Government: to
the Chamber of Peers; but now that the right of
proposing laws belongs to us as well as to the Go-
vernment, the King should not be the mediuM
tweeti us and the Chamber of Peers. The law should
now he sent immediately to the Chamber of Peers,
After it has been discussed by the latter Chamber,
it will then be transmitted to the King, Who will
give it his sunction.---Adopted.
Gaetan de la RochelOticauld, in the name of the
oth Bureau, proposed the admission of M. Cruze,
deputy for Vienne, which had been adjourned.
M. Demurcay opposed this admisSion, on the ground
that M. Cruze had quitted the business he formerly
pursued, and had no right to include in his qualifying
taxation a licence which was now paid by lus
children; lie therefore moved a further adjournment,
which was agreed to.
The Chamber passed to the orders of the day, for
considering the law respecting the publication of the
electoral lists, and of thujury ; but
M. Duvergier de Hauranne remarked, that in con-
sequence tf the Modifications of the Charter, the most
important and pressing subject was that of regulating
the mode in which the Chamber should exercise its
initiative.
The Chamber passed to the discussion of the ar-
ticles. 4. variety of amendments proposed by the
committee were adopted, some Wormers, changes
et terms. Several new articles were adopted rela-
dye to the forms of conducting business in the
Chamber.

Oau of tilt) new articles propossd was the follow-

ing No written speech cat► be delivered during
the discussion of the amendments, except In the law
of finances."
M. MontgUyon; in ti set disbotirse; spolsb against
the abuses of written speettber.
M. Peton opposed the amendment, as contrary to
the general interest. Every deputy had not the
faculty of speaking in the tribune, who might con-
coct an excellent one in his study.

M. de Sade said, it was time to put a stop to
written speeches. "It is reported," he observed,
" that large sums were expended to the Moniieur
for the cost of printing them. With a torrent of
Words we could not get through the business of the
country, which sent deputies, riot to make fine
speeches, but to attend to its interests."
Several other members spoke on either side of
the question► and the amended article, when put to
the vote, was rejected by a vast majority.
The Chamber adjourned at six o'clock.
(From the Journal des-Debuts.)

By advices from Nismes, dated the 18th of Au.
gust, it appears that the proeimation of his Majesty
Philip I. took place on the morning of Sunday, the
15th inst., amidst the acclamations of an immense
crowd, and accompanied by cries, a thousand times
repeated, of " Vive le Roi !" " Vivo Look-Philip I"
" Vive le Charte !" In the evening a serious
quarrel ensued between the Catholics and Protes-
tants, arising out of this proclamation, and two per-
sons were killed and several wounded. The energy
displayed by M. de Lnscours, the commander of the
department, and the firmness of the new Prefect,
re-estab!ished order. Two battalions of the 36th
Ityglinent of the Line from Montpellier, and a
squadron of the Chtmeurs d cheiml of the 7th, gar-
risoned at Tarascon, arrived on the 17th. These
reinforcements, together with the troops in the
town, succeeded in preserving tranquillity.
The above-mentioned occurrences have given oc-
casion to the following proclamation and decree
" THE PREFECT OF THE GARI) TO THE INHABITANTS