The Sun.
London, England, 1853-08-20 00:00:00

Britannic Majesty's Government sharing this opinion with
us. We are likewise convinced that, like ourselves, it
considers as unfounded the prejudices entertained by the
English commerce with reference to the presumed designs
of our Government in regard to the commercial relations of
the Danubian provinces.
"If it is borne in mind that it was Russia who, at the
cost of many sacrifices, obtained for those provinces the
advantages, the security, and the franchises which they
enjoy, it cannot fail to be acknowledged that the calcula-
tions of a narrow commercial policy did not at all enter
into the calculations of our Government. It continues to
cherish a benevolent solicitude for the development of the
prosperity of the countries bordering on the Danube.
Notwithstanding the crisis which they have had to endure
under the influence of recent commotions, to which Russia,
in concert with the Porte, has happily put an end, those
countries witness the progressive increase of their resources.
The natural outlet which the Danube secures to their en-
terprise is freely accessible to the ships of all nations. We
desire no better proof of this than the evidence of the
British consul, which proves that the Sulina channel has
at the present time a depth of 12i feet.
" For our own part we should be happy, if, at the very
centre of our commercial activity, our efforts could afford
the like depth to the bed of the Neva. If here, as else-
where, sand-banks oppose to the labours of art resistance
difficult to be overcome, it must not be therefore inferred
that the commerce of Odessa is jealous of that of St. Peters-
burg. _

"-A. truism is connected with these considerations which
is so generally admitted as not to require remark : in all
countries where cultivation is increasing, the body of water
in the great rivers has a tendency to decrease. The Rhine,
the Elbe, and with us the Dniester and the Dnieper, have
undergone this law. Is it to be wondered at that the
Danube does the same ? Twenty years ago it is said this
river had 16 feet depth at its mouth ; if it is so, the Turk-
ish engineers deserved no more credit for it than ours
blame now that the depth of water appears to be reduced
to 124 feet. The cause of it must bo sought in the altera-
tions which result by degrees from the nature of things.
Thus the city of Taganrog resigns itself to seeing its port
become by degrees empty in proportion as the sea of Azov
retires.

" No Government, however good its intentions may be,
can repair the irresistible effect of time. It can only
answer for the good will, the zeal, the perseverance which
it exhibits in order to remedy difficulties which nature has
created, and which it can only contend against within the
limits of possibility. This is what we have done, and will
continue to do, without allowing ourselves to be influenced
or discouraged in our efforts by the unjust reproaches
which in any quarter might be made against the intentions
of our Government.

" It is satisfactory for us to infer from Lord Palmers-
ton's dispatch that her Britannic Majesty's Government
does not share these prejudices. It has considered it right
to point them out to us such as they are. For our part we
state to it, with the same frankness, in what they appear
to be erroneous. From this mutual interchange of ideas,
both Cabinets must derive the conviction that they both
have equally at heart the interest of the commerce which
is common to them both. You will have the goodness, M.
le Baron, to express this truth to Lord Palmerston in fur-
nishing him with a copy of this dispatch.—Receive, &c.,
(Signed) " NESSELRODE."
From this time the complaints still appeared to have
been continued, and remonstrances were addressed to
the Russian Government on this point both by Lord
Malmesbury and Lord Clarendon.
In June last Vice-Consul Lloyd made the following
report to Lord Stratford de Red cliffe :
" Sulina, June 4, 1853.
" I have the honour to report to your lordship that dur-
ing the last year, and up to the present time, the Russian
authorities have done nothing effectual towards clearing
the bar of Sulina, the mud machine employed for that
purpose having been out on the bar but ten times during
the last year, working on an average about four hours, and
the last time sho was out not having even put her buckets
down ; the machine was taken to Nicolaieff in the autumn,
and it was said would not return ; it was, however, brought
back here a few days ago, but has not yet commenced
working.

" The average depth of the water up to the present period
is, as it always has been since I have known the bar, about
ten feet English, but is subject to great variations for short
periods of time. When the wind is from the eastward,
from the north and east, or from the south and east, act-
ing in a contrary direction to the current and upon its
surface, the water cannot go out so freely, and the water
in the river and on the bar rise to such an extent some-
times that the whole of the town of Sulina is flooded.
When the wind takes an easterly direction, at first it is pos-
sible for very light vessels to enter the river (none being able
to go out unless the wind is very light indeed), but as there is
upon these occasions always a sea upon the bar, it is danger-
ous for them, as they frequently strike, lose way, or damage
their rudders, if they do not immediately spring a leak
and fill, and are driven ashore, where they are wrecked. If
the wind has continued for two or three days at all strong
in the same easterly direction, the water has risen con-
siderably, as stated, and it would be naturally concluded
there would be plenty of water on the bar ; such, however
is not the case ; the same cause which prevents the egress
of the water prevents the egress of the mud and sand
brought down with the current, and these deposit them-
selves upon the bar, the surface of which also thus rises at

upon ..- as applicable to the
established rule of law, according to Lord Hardwicke, iu
relation to political considerations of public policy in the
most extended and widest sense of the term. It was true,
and
others for
should
very
n hreey beyond
ut
dbe
that other motives acted upon men than that of the
mere love of money. The love of power, and, the thirst,
for office, would, more or less, influence the conduct of
some persons in the performance of the important duties
to_which he had made reference. Such motives, how-
ever,aso w
added to them. The question here was, whetherproviso was to be regarded as having a tendency to lead
rete offered the
no reachinfe
this
ren of e
why
to the evils he had pointed out. In his opinion it had
that tendency, and consequently, he considered, that it
was against public good, and, therefore, illegal and void.
c
Upon these grounds it was that he gave his opinion, al-
though with some degree of hesitation, seeing that it
was at variance with those of the majority of the judges,
that the decree of the court below should be reversed, as
that decree had held that the proviso was a condition
precedent. He was clearly of opinion that it was a con-
dition subsequent, and therefore it was illegal and void.
and could not affect the estate which had vested in
Lord Alford.
Lord Brougham (who read his judgment in a very low
tone of voice) said he concurred in the opinion which had
been expressed by Lord Lyndhurst. If the condition
was a good condition, it would have its due effect. If it
was a condition precedent, it would prevent the estate
vesting, but if it was a condition subsequent, it would
annihilate the estate which had vested. The noble and
learned lord then read the several clauses of the will, with
the view of showing what was the intention of the testa-
tor, and said that, in his view, the proviso was a con-
dition subsequent. The proviso was, that if Lord Alford
did not acquire in his lifetime the title of Marquis or
Duke of Bridgewater, the estate should pass from the
heirs male of his body, and go over. The elevation of Earl
Brownlow to either of these dignities was to vest the
estates in him and his heirs male ; and in the course of
the argument it had been supposed that had the expres-
sion been "created," and not "acquired,'" the same con-
siderations would not apply. The house had to regard
the expressions, not as they ought or might have been,
but as they were found to be in the will itself. The
noble and learned lord, after a very elaborate inquiry into
the circumstances of the case, again directed the atten-
tion of the house to the various clauses of the will, and
concluded by offering it as his decided opinion that the
proviso was a condition subsequent and not a condition
precedent, and, therefore, that it was illegal and void ;
he was consequently of opinion that the decree of the
court below ought to be reversed.
Lord Truro next proceeded to read his judgment ; the
noble and learned lord entirely concurred with the opi-
nions and reasons which had been advanced by his noble
and learned friends who had preceded him. This condi-
tion was a condition subsequent and not a condition
precedent ; it was against public policy, and was conse-
quently illegal and void.
ofth eitrheopminaiojonris
ty du
orifngthteheleciarrcn
Lord St. Leonards stated very elaborately the grounds
upon which he entertained the same opinion as his three
noble and learned friends. The property which, if this
proviso were a condition precedent would pass over,
was of the value of two millions. He lamented that
the learned judges should have been pressed to give
gret that the conclusion he had arrived at, after most
uiedts,pae ursdonhse.
careful examination of the case, was opposed to those
ought to be reversed.
The Lord Chancellor said he felt great hesitation, after
the decided opinions which had been given by four noble
feltH eequwalasreo-f
opinion, therefore, that the decree of the court below
and learned members of that house adverse to his own,
in risinc, to say that, notwithstanding all the arguments
which had been submitted at the bar of the house, and
notwithstanding the opinions which the house had that
day heard expressed by the four noble and learned lords,
he still entertained the same opinion as that which he
had pronounced when delivering the decree now appealed
from in the court below, and for the same reasons, too,
which in the printed case the house had had an oppor-
tunity of perusing. If the arguments of counsel, or the
grounds put forth by his noble and learned friends, had
operated upon his mind so as to prove to him that the
view he had taken was erroneous, he would have de-
clared upon the present occasion that he had been mistaken
in the degree he had pronounced ; but, as he had already
stated to the house, his previous conviction had not
been disturbed. His opinion on the former occasion
was, that the proviso was a condition precedent, and
not a condition subsequent, and that opinion he still en•
tertained. He did not consider it necessary to place
his reasons again before the house on that occasion, but
he would add, that he had not in the court below arrived
at his conclusions without mature consideration. He
regretted that he differed from his four learned friends,
and if one circumstance could console him for being at
variance in opinion with those noble and learned lords,
he should find it in the fact, that the majority of the
learned judges concurred in the view he had taken of
this case.

The decree of the court below was ordered to be re-
versed, and the costs of all the parties to the suit were
ordered to be paid out of the estate.
The effect of this decision is that the present Lord
Alford becomes the possessor of the vast property in
dispute.

COURT OF BANKRUPTCY. YESTERDAY.
(Before Mr. Commissioner Fonblanque.)

IN RE WILLIAM LIONEL FELIX TOLEMACHE, COMMONLY

CALLED LORD RUNTINGTOWER.

To-day was fixed for the last examination meeting in
the matter of this bankrupt, described as of Grosvenor-
square, horse dealer, the proceedings in whose case,
under a former bankruptcy in 1842, and- again in 1344,
when his lordship applied for relief as an insolvent
debtor, have before been reported. The petition under
which the bankrupt now applied was dated July 6th of
the present year, and was at the instance of Mr. Cart-
tar, solicitor, Greenwich. It may be remembered that
after the previous failures his lordship had taken upon
himself the renewal of certain debts, and it was said that
the present bankruptcy was to relieve himself of those
renewals. The balance sheet, consisting of 40 folios,
and extending from January, 1849, to July, 1853, was
prepared by Mr. J. D. Fowell, of Basinghall-street ; and
contains the names of upwards of 100 creditors (the
debts contracted since the former failures), and showed
the following results :
Debtor—To creditors, 3,0861. ; ditto on debts under
former bankruptcy renewed, 8,7661. ; ditto under insol-
vency, 2,5131. ; liabilities under former bankruptcy re-
newed, 42,2601. ; ditto under insolvency, 4,6501. ; cash
from relations, 3,3941.
Creditor —By deficiency January 1849, 13,0061. ;
doubtful debtor, 1501. ; property given up to assignees,
1201. ; losses, 140/. ; law costs, 960/. ; trade expenses,
728/. ; house expenses, 3,367/. ; liabilities as per contra,
46,910/.

The official assignee, Mr. Stansfeld, reported that the
bankrupt had kept no books, but the accounts filed were
in his (Mr. Stansfeld's) opinion the best that could be
rendered, and they were in the proper form.
His Honour—ls there any opposition to the bankrupt's
passing ?

Mr.-Lucas—l appear for the assignees, who are quite
satisfied with the bankrupt's accounts.
His Honour•—l observe that the greater portion of the
bankrupt's debts arise from the renewal of old debts—a
most mischievous practice. lam glad that this cannot
occur again. The last statute puts an end to those re-
newals. The attention of the assignees must be particu-
larly called to these renewed debts, 'particularly to the
bond of 20,0001.

Mr. Lucas---The case is now in respectable hands,
and the assignees will do all that is right.
The bankrupt then passed his examination.

CENTRAL CRIMINAL COURT-Aug. 19.

THIRD COURT.

(Before Russell Gurney, Esq., Q.C.)
Charles ivingrore, a very respectable-looking man,
surrendered to take his trial, for wilful and corrupt per-
jury, committed by him before the judge of the Uxbridge
County Court, in an action to which he was defendant,
and Thomas Dodd Grove, the plaintiff.
Mr. Bodkin and Mr. Rebton prosecuted, and Mr.
Serjeant Thomas, with whom was Mr. Carter, were for
the defence.
Mr. Bodkin stated to the jury the following case,
which was fully borne out by the evidence of the nume-
rous witnesses who appeared on the part of the prosecu-
tion. The prosecutor is a small farmer living at Lang-
ley Marsh, Buckinghamshire, and the prisoner is also a
farmer and butcher, carrying on business at Gerrard's-
cross, in the same county. It would appear that some
quarrel had taken place between them, arising out of the
purchase of a cow by prosecutor. On the 10th of June.
the prosecutor was at the Bull, at Gerrard's-cross, and
was slightly the worse for liquor, but not very bad.
After leaving the Bull, he proceeded on the road in
the direction of the prisoner's house, near to which
stood a public-house called the French Horn. Upon
i
passing the French Horn, between that and the pr
i•
house, he saw a cask lying on the road, helo
and ing to a brewer whom he knew. This he picked up
few
took back to the French Horn, where be stayed fora
minutes and had a small quantity of beer, and he thens _o
went
on his road and had to pass the prisoner's lee
garden A
sooner had be got up to the wall surrounding
than the prisoner jumped over, struck him a most
violent blow on the nose, which knocked him down, and
broke the bridge of it. The priso,netruspaindutdhmatahneawgedoutldo
do it. again for him. Prosecutor
prisoner'st the wound
shopwas
crawl back to the French Horn,
tw:chtehree
dressed. ' ProsecutOr_then went
and
dt to
pro-
secutor to ask him why he did it, and prisoner
some further violence when wriisfoonienrt interfered,
rthreatening to serve him so
secutor left, the I
again. Prosecuto-rint.shee'niewent to one of the county ma-
gistrates for a summons, but being somewhat the worse
for liquor the magistrate told him to come again. He,
however, did not do that, but brought an action in the
county court, laying his damages at 101. The prisoner,
as defendant, was examined, and swore most distinctly
that the prosecutor, the then plaintiff, was quite drunk
and had fallen down, and that he had never struck him
at 'all, and that he had seen him for two hours at the
French Horn getting drunk. The prosecutor being un-
prepared with evidence, the judgment was given against
him, and then he took these proceedings.
The evidence was very lengthy, occupying the court
until late in the evening, and although of a conflicting
character, clearly brought the charge home to the pri-
soner, who was found guilty, and sentenced to six
months' imprisonment.
The Court sat until nearly eight o'clock to finish the
business left, and was then adjourned until Monday,
Sept. 19.