The Sun.
London, England, 1830-01-30 00:00:00

AMERICAN PAPERS.

CoLoMnIA.—A letter has been receive I at Phi-
ladelphia, dated Laguayra, Nov. 26, which says
that an Act had been passed at Caraccas, declaring
a separation, which was passed Nvith only three dis-
senting voices, and had been followed by similar
Steps in Porto Cabello, Victoria, &c. The follow-
ing we copy from the Journal of Commerce:—
" MARAcAmo, Nov. 28. 1829,---Since I last
Wrote you, our political horizon has not by any
rueane brightened. People do not seem to think
titat the constituent Congress will be productive Or
the result desired, and we seriously apprehend that
the troubles of Colombia are net yet at an end.
various rumours are abroad, runny of them doubtless
with slender foundation, toot safficient to show that
mischief is brewing, 'Private letters from Caraccas
intimated that Pam had declared that he would take
no part in promoting► any system, but would leave
the poop►e free to make their own decisions, resolved,
lilwe'ver, to protect them in the maintenance of their
rt;;ltts. Two officers who lc.ely arrived from Porto
Cabello by the way of Caraccas, made declaration
to-day before the Prefect, that Paee had called a
meeting of the notables of the former place, and had
submitted to them a letter from General Urdancte,
the Secretary of War, containing a project for Crown-
ing Bolivar, and marrying him to the daughter of
the- Duke of Orleans, the crown to be hereditary,
but in case of Bolivar's death without issue, to
descend to the Duke. After all that Bolivar has
said and done, such a proposition appears highly im-
probable, and may be a mere fiction. But it is also
intimated, that in case of Bolivar's assuming su-
preme power, Veuetuela is resolved upon a separa-
tion. And ell these circumstances together, as
have just observed, indicate latent disturbances. In
consequence of the order of Government calling on
the citizens freely to express their opinions with re-
gard to the form of Government best adapted to the
condition of the country,• a printed manifesto has
made its appearance here, signed by 43 persons, the
greater part of whom are officers of the Government,
and many more subalterns, almost no more than
boys. It contains the following articles
" I. That the Government should be established
on a poptilar, elective, and representative basis.
" 2. That Simon Bolivar be President for life.

" 3. That he be clothed with powers necessary
to enforce respect to the laws and his own dignity,
so that in no case crimes may go unpunished; and
that he may have liberty to do what may be neces-
sary to secure public freedom, tranquillity, and
prosperity.
" 4. That in case of his death the direction of
the Republic fall provisionally upon the Vice-Presi-
dfnt during the time necessary for the election of a
new President, who shall remain in office for the
time the nation may hereafter decide.
" 5. That the Legislative body be established in
such a manner that it may never happen that after
the death of the Liberator President for life, any
one shall aim at usurping the national rights, and in-
troducing faction into the Republic.
" Whatever may be the form of Government re-
solved upon, no doubt Bolivar will be placed at the
head of it, and most probably for life. If in spite
of all his protestations, lie aims at more, then it is
to he presumed that Veneluela will separate.
" Although Maracaibo was connected with -Vene-
zuela under the Spanish regime, she is really dis-
connected, both geographically and politically : she
has no commerce with her neighbours on that side,
while her very existence depends upon her relations
with the south, and her navigable waters are all in
that direction. In case of a separation, it is to be
presumed that she would unite herself (as her situa-
tion obviously dictates) with Bogota and the jute.
rior towards the south, rather than with the country
on the ether side, with which site has scarcely a
common- interest: Whatever news may occur, you
mny expect to hear from me."
EXTRACT OF A LETTER FROM VENEZUELA, DATED
Nov. 28, 1829, RECEIVED AT PHILADELPHIA, VIA
ST. THOMAS.

" Affairs seem to have undergone a change in
Venezuela, arising, as it appears, from an official
proposal made by General Urdaneta, the Secretary
of War, to General Paez, to forward the corona-
tio❑ of Bolivar. The public voice is raised against
the act in Venezuela—' Death to the tyrant, death
to the crown—long live the constitution,' is the
common cry through the streets. It seems that this
portion of the country will form a separate, inde-
pendent, and Republican Government. The per-
sons confined in the dungeons of Puerto Cabello,
in consequence. of the Bogota con piracy, have been
act at liberty by the garrison, awl the many persons
11 110 were banished from the country for political
opinions have been recalled by General Pacz. The
odious and inquisitorial police has been abolished,
and the liberty of the press has been restored by a
public decree of General Pacz. You may, perhaps,
recollect to have beard this distinguished officer and
true patriot remark often, that he would follow
Bolivar as long as he had no idea of erecting a
monarchy, but that there should be so crowns in
Colombia. The time, it appears, has arrived when
he will verify his assertions."
Faost MEXICO.—By Campeachy papers, which
Avere brought on Friday by the ahip Desdonona, Capt.
Naghel, we learn that the troops in garrison in Cam-
peachy, on the tith of November, delared in favour
of a central government : and the state of Yucatan
has generally followed the example. The civil au-
thorities appear to have been overawed by the mili-
tary, or to have submitted, to prevent bloodshed.
Tranquillity is stated to have been undisturbed. The
officers at Merida, in accordance \vial the spirit of the
Campeachy manifesto, resolved that they would admit
no one into the army, nor receive any offievr, from
Vera Cruz or elsewhere, who would refuse to unite
with them.

This movement induced the call of a special
meeting of the Congress of the State, at Merida,
and their dissolution on the .sth, when they pub-
lished the following declaration :—" That, convinced
of the unhappy effects that would result from an
indiscreet though righteous resistance, and desirous
of preserving the public peace, they declared their
body dissolved, protesting to the whole nation, that
they acted under compulsion and a wish to prevent
greater evils."
We understand that this unfortunate and foolish
movement is probably to he attributed to the influ-
ence of the York party in, Yucatan, which, although
strong enough to meet with temporary success, is
still too feeble to excite any serious apprehensions in
the general government, and can hardly fail to be
immediately overcome. This is one more example
of the ill effects of a military force, so situated as to
be influenced by designing men. We are informed
that the troops in Campeachy probably did not ex-
ceed 1,500 men. President Guerrero being still in
the exercise of his extraordinary powers,will promptly
despatch General Santa Anna against them, and re-
store order. The revolters proclaim a central go-
vernment for Mexico ; but their designs probably
extend, to a general change in men and measures.
From MExtco.—The New Orleans Bee of
Dec. 9, under date of Vera Cruz, Nov. 19, gives us
an energetic proclamation of General Santa Anna to
the inhabitants of that state, on the subject of the
recent revolt in Yucatan. .

He states, that having received the news of the
declaration of the officers and troops of the garrison
of Campeachy for a central government ; after re-
ferring to his late victory over the Spaniards, the
charges which have been made against him, &c.,
he says—
" The time has come when you are to witness

actions that will prove the injustice of my accu-
sers; yes, you shall again see me faithful to my
oaths. Citizens, our duty, our dearest interest im-
pel us to the preservation of order. The Supreme
Government have been informed of what has oc-
curred, and they are eMployed in requisite arrange-
ments. For myself, so long as I retain the com-
mand of this State, I shall be inexorably just to
any one may dare to disturb the peace which you
happily enjoy ; and, unchangeable in my princi-
ples, 1 shall present myself at your head whenever

it may be necessary, to defend the laws and public
tranquillity.

" ANTONIO LOPEZ SANTA-ANNA.
" Jalapa, Nov. 16, 1829."

Bustamente, General-in,chief of the army of
reserve, and second magistrate of the republic, in a
proclamation dated at the same- place, on the fol-
lowing day, addressed to his troops, in which he
says that such reforms as the general govetnment
are willing to tnake, wculd remove all esils that
give any room fOr complaint, and that all the rc-
:.e!trees of the union will be given to maintain the
federal system. The tone of General Bustamente
is remarkably moderate and mild, and perfectlytmardy
and firm ; and we cannot doubt that the discontented
soldiers in Yucatan will be soon brought to their
duty, particularly as they appear to be entirely un-
supported by the people.
DON ISIDRO BAItRADAS.-It is stated that
General Barradas, who, lately made so miserable a
figure in Mexico, has arrived in this city from
New Oilcans, to sail for Havre in the packet of the
Ist proximo.
The lion. Mr. Rush has negotiated a loan in Eu•
rope of 100,000 of dollars, for the Corporation of
the city of W'athington, to pay their subscription to
the stock of Chesapeake and Ohio canal. The in-
terest is less than 6 per cent.

SCOTS APPEAL CASE.

lIOUSE OF LORDS.

GORDON OR BROWN'S TRUSTEES AGAINST BROWN.

In consequence of several reports of this cause having
appeared in various newspapers, and the cause itself not
having been yet decided by the Lord Chancellor, it is
deemed advisable to publish a short and plain statement of
the principal facts and circumstances of the case as stated
by Council.
The question was one of reduction and count and
reckoning, instituted before the Court of Session in 1820
or 1821, by the respondent, Miss Brown, of certain deeds
of settlement executed by her father and mother to her
prejudice, contrary to certain American decrees of the
Federal Court of Virginia in favour of the respondent, in
so far es several sums of money bequeathed to her by her
brother, William Brown, of Lynchburg, in the State of
Virginia, who did in the year 1811 resident in Virginia,
which deeds of settlement were executed in favour of John
Brown, an illegitimate son of John BrowN, her youngest
brother.

As the object of the present report cannot be attained
in a more satisfactory manner than by submitting to the
public the several heads of the cause as pled by Counsel in
the House of Lords upon the first and second days of May
last, reference to it shall be confined to the statements
made in behalf of both parties, which is considered the
most proper mode of bringing it before the public, and
which is best calculated to cut down excerpts or scrap
statements given by the other party.
Counsel for the appellants, after recountinga story about
the elopement of the respondent with a person of the name
of Johnston, a gardener, concluded it with observing, that
the matter was long ago settled. They then entered into
the question regarding surplus interest being allowed the
respondent upon certain sums and expences incurred in
same particular steps of the procedure in the Court of Ses-
sion, besides the expense allowed for auditing accounts.
They also adverted to the power of attorney executed by
the respondent in favour of the late John Brown, for the
purpose of enabling him to recover the funds left to her by
her brother Win. Brown, the testator in question, and point-
ed out that John Brown accepted of the office of attorney,
with a view to intercept and retain the remittances for his
own behoof. But the principal point contended for by
the Counsel for the appellants was, that the fee of the
money bequeathed to the respondent vested in Mr. and
Mrs. Brown, her parents, from the tenor of the late Wil-
liam Brown's settlement, according to the law of America,
and that they had a right to dispose of it by will to John
Brown, agreeable to the opinion of Sir Arthur Pigott,
who was consulted regarding the case. Counsel referred
to the American judgments given in favour of the respon-
dent, and stated that they did not deny the existence of
such judgments, but disputed their soundness. The Lord
Chancellor then observed, that he considered these decreets
to be good. The appellants' Counsel also observed, that
a re-hearing of these decreets was at present going on in
America; and they contended that the appellants had a
right to the fee from certain acts of Loma gation on the
put suer, said to have arisen front facility and imposition.
On the other side it was pled by the Counsel for the re-
spondent, that the fee of the money in question (being all
personal property) vested in her alone from the settle-
ment itself of the testator, and by virtue of a decree of
the Federal Court in Virginia in the year 1816, which
judgment was confirmed by that Court in the year 1819,
and that these decreets were never reversed, and not even
an offer to prove that a re-hearing had been attempted--
that even by the law of England the respondent had the
only legal claim to the funds, they being expressly con-
veyed to her, and that these American decreets were given
full effect to by the unanimous decisions of both Divisions
qr the court of Session, and that in conformity with the
opinion of Mr. Cho:imam Johnston, an eminent lawyer of
America, residing in the state of Virginia, which opinion,
moreover, was also obtained by John Brown himsgf—
that still more the decreets of the Second Division of
the Court cf Session had not been appealed from,
and that the final decree of that Division, which is
dated 27th May, 1825, was issued in a regular
action of reduction of the deeds of old Mr. and Mrs.
Brown in favour of John Brown, by which decreets
these deeds were both set aside. An extract of these
decreets was produced in the Court of Appeal, referred to
specially by Counsel, entertained and taken up by the
Lord Chancellor. The respondent's Counsel farther con-
tended, that the trustees of John Brown had no title or
claim upon the fee of the funds bequeathed to her by her
brother, even in consequence of the reduction of these
deeds, and stated, in support of this position, that the de-
erects appealed from were only pronounced in an action of
count and reckoning before the First Division of the
Court of Session, tt hich was never conjoined with. the
action of 7 eduction ;—that no homologation ever existed
under the present appeal, the only sums received by her
being paid by virtue of two interim decreets, one for 3001.
and another for 4001., as a provision for her temporary
maintenance ; and that if any homologation had ever
taken place, it was applicable alone to another part of the
property bequeathed to her by her said brother William,
consisting of funds that were situated in England, with
regard to which the respondent entered into an
ante-dated deed of agreement under certain restric-
tions in favour of John Brown. But that this money
was actually paid by the appellants themselves, and dis-
charged by the respondent. After a separate action had
been raised, and decreet obtained by the Lord Ordinary
in the respondent's favour, her Counsel argued, that see-
ing the trustees had actually paid this sum, the natural
question was, why not pay the other 7 And that nothing
better could elicit the nature of the cause than the de-
creet of the Second Division themselves, with the notes of
the Judges in the respondent's appendix to her appeal case,
13th and 141/1 pages, and referred to in the body of the
appeal, marginal note, page 7th, a copy of which is sub-
joined to this report.
It was also stated by Counsel that John Brown was
bound to account to the respondent for whatever sums
were recovered by him under the power of attorney exe-
cuted by her in his favour, in place of applying them to his
own vse, and was hound to ray legal interest thereon ;
and that if he considered he had any claim against the
respondent, his only remedy was to have instituted a re-
gular action. It was further stated, that from a deed of
settlement made by John Brown, in the event of the death
of an only child, nearly the whole of his property, both
heritable and moveable, was left to the appellants The
Lord Chancellor said he observed that: Counsel con-
tended that the accounts were most extravagantly
charged, and that the appellants had no right to any sur-
plus sum.
No decision having been pronounced, the cause rests
over fur such by that Right Honourable House.
Counsel for the appellants—Messrs. Bickersteath and
Maitland. For the respondent—Dr. Lushington and Mr.
Adam.

Interlocutors pronounced by Lord Eldin, Ordinary, and
the Judges of the Second Division of the Court of Ses-
sion, in the Process of Reductions, &c. at the instance
of Miss Mary Brown, sometitne of Netherwood, now
near Dumfries, against John Brown, of Netherwood,
and, since his decease, transferred against Robert Gor-
don, Esq. of Larglanglce, and others, Trustees of the
said deceased John Brown.
" Edinburgh, 4th March, IS2I.
" Having considered this representation, answers there-
to, and whole process, recals the interlocutor complained
of, in so far as concerns the interest of the reprcsenter,
Miss Brown : Finds, that it is unnecessary, and would he
useless to prepare a rase for the opinion of English Counsel,
as to the effect of the will of the deceased William Bro;t•n of
Virginia, and recals the remit to George Joseph Bell, Esq ,
advocate, to prepare, on account of the representer, such a
case. Finds, that if the opinion of any foreign lawyer were

necessary or useful, the opinion of an American lawyer, as
being best acquainted with the American law, ought to be
taken ; and the Lord Ordinary sees no reason whatever to
presume that the English lawyers arc professionally ac-
quainted with the laws of America. On the contrary, the
Lord Ordinary has very strong reasons to believe that the
American law has, since the establishment of American in-
dependence, been mixed and involved with so many new
rules and institutions, that it may now be considered as a
system totally different from that of the English law : Finds
that, from the nature of William Brown's settlement, which
is very simple and clear, the construction put upon it by
the respondents is apparently false, absurd, and incredible;
and finds, that it has been asserted by the represeuter, that
the settlement was regu'arly brought before an American
court of law, which gave judgment in the representer's fa-
vour : And finds, that no sufficient answer bas been mad
to that assertion ; therefore, in the reduction; reduces, de.
cerns, and declares, at the instance of the representer, in
terms of the reductive conclusions of the original libel :
finds the respondents lisble to tie representer in all the
expences hitherto incurred in this Court; and remits to
the auditor to tax, and to report on the account thereof,
when lodged. And in respect of the minute, craving that
the cause be remitted to Lord Alloway, and the answers
thereto, which have been laid before the Lord Ordinary
after he had advised the cause, appoints the cause to be en-
rolled.

(Signed)

" JOHN CLERK."
" Gth March, 1524.
" Having heard the Counsel for the parties, refuses the
desire of this minute.

(Signed) " J. CLERK."
" Edinburgh, Nov. 16, 1821.

" Having considered this representation, answers, writ-
ings produced, and whole process, alters the words 'false,
absurd, and incredible,' contained in the interlocutor com-
plained of, and substitutes, in their place, the word '
ill-
founded ;' and, with this alteration, adheres to the said in-
terlocutor : refuses the desire of the representer, and pro-
hibits further representations against the interlocutor._
Two words interlined before signing.
_

(Signed) v "J. CLERK."
" Edinburgh, May 27, 1325.

" The Lords having advised this petition, with answers
thereto, adhere to the interlocutors complained of, and
refuse the desire of this petition ; find the petitioners liable
in expences incurred since the 4th of March, 1921 ; and
remit to the auditor to report on the account thereof ; • as
well as of the expenees up to that date, firrru,Tly found due.
(Signed) "D. BOYLE, I. P.D.
Notes taken in the Second Division of the Court of Ses-
sion, on Friday, 27th May, 1925, at advising Petition
for John Brown's Tiustees, with Answers for Miss
Mary Brown.
LORD JUSTICE CLERK _Anything more to say on this
case ?

Air. CHRISTISON—I have only to mention that the
Trustees never sent out instructions to America.

Loan JUSTICE Cairn—llad there been no proceedings
in America, the proper course would have been to ascer-
tain what the law of the country was r and as this was
the place where the deed was executed, it should be regu-
lated by the law of that country and of that place. All
that is said here is that the matter was to be brought under
review of that Court ; and this gentleman (John Brown)
went out to America, in order, I presume, to give in a
reclaiming petition or get a re-hearing; but whether it
has been given in, or whether be has been heard, I cannot
soy. At any rate, as the Courts there had decided in Miss
Brown's favour, and the Trustees had produced no evi-
dence of a reversal of that decision, I have no difficulty in
adhering to the interlocutory of the Lord Ordinary.
Lord RoanyrsoN—The question here depends open the
interposition which you think proper to put upon 'William
Brown's deeds. I agree with my Lord Eldin and my Lord
Alloway ; and the pursuer, and, indeed, all parties agree
that the fee of this is vested simply and absolutely in Mary
Brown herself; and the deed under reduction is apparently

isposingof that fee ; anti that is what was represented

in Amewiea. I area with Lord Eldin, that no satisfac. 1
tory answer is made to Miss Brown's assertion, that the
settlement was regularly brought before an American Court
of Law, which decided in her favour. As to the opinion of
English Counsel—this gentleman (Sir A. Pigott), no doubt
stands very high in his profession as an English lawyer
but I do not conceive that the opinion of any English lawyer
whatever can regulate the law of America; and I think
his Lordship did right in recalling that part of Lord Kin-
nedder's interlocutor that ordered a case to he preparedand
made up for the opinion of English Counsel. There is
an argument which is dwelt upon a good deal, which is,
that at all events, this lady is barred personali exceptions,
from insisting in her action. I confess I was somewhat
surprised to find a pica of this kind maintained by the
representative of John Brown ; for his knowledge of his
relative was, that she was given to no common propen-
sities and babils of intemperance; and it certainly, if
true, affords sufficient evidence of the facility of this lady;
and yet the representatives of this Mr. John Brown con-
tend that she is debarred personali exceptione, front in-
sisting in this action, in consequence of having granted
this deed, when, at the same time, they bring forward evi-
dence of the facilities by which she might have been in-
duced to grant any deed.
Ley! PITMILLY—I am entirely of the same opinion;
and I need not take up your time its going over what has
already been stated, as the ground upon which I have
formed that opinion. I think the decree is quite decisive.
Lord ALLowar —I take the same view of this case
with the rest of your Lordships, and shall only express
my opinion upon another branch of it. I agree with your
Lordships that this case was decided in the most formal
and regular manner in 1816. The American Court pro-
ceeded on bill and answers (which, until very lately, your
Lordships know, were the very terms formerly used in
this Court, being syronymous with petition and answers),
and Counsel were also beard for both parties. Now, the
decree of this foreign Court is completely established in
this way. The jiidgntent was pronounced in 1816 ; and
they any they were to bring the sentence again under the
review of the American Court; but they never attempted
it. There is a letter so late as in March last year, which
mentions that they have never attempted to get it altered
and I must say, it is quite a singular coincidence in the
case, to found on a deed granted by this woman, whereby
she gives up no less a stun than 1,653/. for an annuity of
501 per annum, and to ray that is sufficient to bar this
action. If there was no other ground to show her fa-
cility than this, this of itself is quite sufficient, viz.
the acceptance of an annuity of 501. a year for
this sum ; which annuity, in the circumstances, is not
worth two years' purchase. As an annuity, therefore, it is
impossible to state that it is not a most at, ociotts and inju-
rious transaction to this poor woman ; and after stating and
alluding to the state of facility which this lady was under,
which is done in the narrative of the bond, to raise a plea
of hotnologation on that deed, shows no small hardihood
in the trustees. But your Lordships will pay no regard
to it. No doubt, when 1 was in the Outer House, I was
quite clear with regard to the ground of proceeding, that,
an Lord Ordinary, I had no power to reduce that deed
without a formal process of reduction ; and, accordingly,
I resisted that part of the case, till a formal reduction
should be brought. But, upon the whole, my Lord, I
never saw a more hopeless case than this, and, from the
way in which it was connected with the former proceed-

ings, a more atrocious.
Lord ROBERTSON-And, my Lord, the bond also de-
clared that the annuity should be forfeited if she did not
remain at Netberwood.
Lord ALLowar —lt was not to be supposed that slie
would reside long there.

LAW INTELLIGENCE.-(THIS DAY).

VIOE-CHANCELLOR'S COURT.

Nothing of any public importance took place in this
Court up to the period when we went to press. The
Court of Common Pleas was equally barren of interest.

----
Arrired. Due. Arrived. Due.
O America 0 0 Hamburg 0
O Brazil
O Buenos Ayree
O Carthagena 0 0 Leeward Islands ... 1
1 Dublin 0 0 Lisbon 0
O Flanders 0 0 Mexico
O France 0 0 Sweden
O Guernsey&Jersey.. 0 1 Waterford 0

NIGII WATER, AT LONDON BRIDGE TO-MORROW.
Morning ... 2 minutes after 7. Evening... 32 minutes after 7.

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• • •
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