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

LAW INTELLIGENCE.

the same time that the water rises, and when a depth of 11
or 12 feet might be expected, there is only found 8 feet or
4. feet water; and vessels outward bound, which had
lightened to 10 feet water, and had been during the con-
trary wind accumulating at Sulina, waiting for the first
change of wind to go out, have found themselves unable to
proceed, all the lighters being engaged.
" This has happened to a remarkable extent the last few
days, there had been 10 feet water as usual on the bar, but
the wind being easterly the vessels accumulated at Sulina,
on a change of wind there was found to be but 8 feet water,
and the Austrian weekly steamer from Constantinople,
with goods and passengers for the Danube, having arrived
off the bar last Thursday, the 2d inst., was unable to enter
the river, the passengers having nearly all landed here, un-
able to proceed, and greatly embarrassed for want of acco-
modation, the steamer having discharged her cargo into
vessels employed as lighters, but still unable to pass the bar.
Yesterday, the 3d, the wind shifted to the west, and the
bar was tolerably smooth, but there was only 8i English
feet upon it ; there is an immense number of vessels here
outward bound, indeed the river is crowded with them for
a couple of miles, and about five-and-twenty English ves-
sels in the number, none lightened sufficiently to go out,
and many not all, and every lighter in the place, or free
vessel engaged as lighter, already taken up. To-day, the
4th, the wind has again shifted to the eastward ; the water
has risen a little in consequence, but there is such a sea on
the bar it is impossible to sound it accurately, and of course
no vessels going out.
" I have no deubt but, as on former occasions when the
wind shifts to the westward, and continues so for a few days
the current having a free egress, the extra sand and mud ac-
cumulated on the bar will be cleared away, and the usual
average depth of tonfeet be obtained, but it is probable this
will not happen so soon at the present moment, as, from
the melting of the snow in the interior of Europe, the river
has overflowed its banks in some places to such an extent
that it is very difficult for the pilots and masters to know
where the channel of the river lays, the whole of the lower
part of Toultcha being entirely under water, and the banks
on both sides the river, above and below, being entirely
covered as far as the eye can see in many places ; and until
this extra body of Water disappears, an extra quantity of
sand and mud will be constantly brought down and depo-
sited
on the bar ; but eventually, I believe, ten feet, or
nearly so, in the course of time will be again found on the
bar. In the meantime, however, this obstruction to the
navigation and loss of property by shipwreck is daily be-
coming more serious, owing to the yearly increasing num-
ber of vessels that come to trade in the Danube ; and it is
high time, if the Russian Government are the parties
bound to keep the mouth clear, that they should be forced
to take effective steps towards doing so, the single mud-
machine employed by them on the few occasions that it
really can be worked (supposing good intentions on their
part towards clearing the bar), on account of the vessels
coming in and going out, and the sea and swell usually
running upon the bar, being worse than useless, as, when
at work, the effect produced being nothing at all, it is a
serious obstruction in itself to vessels going in and coming
out over the bar.
"Unfortunately, no parties here in the Danube have
any direct interest in clearing the bar or facilitating the
navigation ; or if they have, have no direct influence with
the Russian authorities ; the only party directly interested
that I am aware of, being the different insurance com-
panies ; the vessels themselves are insured, and also the
cargoes.
• • The bar of Sulina furnishes the means of existence to
the inhabitants of Sulina, by the employment of lighters,
and the expenses incurred by the vessels during their de-
tention.
" At first, vessels would load outside the bar, as at pre-
sent, with lighters to pass the bar ; but in the course of a
very short time, the inhabitants, finding their interest,
would soon find the means of clearing the bar ; the only
apparent effectual means being the muslin..B out of a line
of piles to the black buoy to the southward in the first
instance, and another to the red buoy to the north ; and
the channel, being thus contracted, would, with little as-
sistance, keep himself clear, to say nothing of the facilities
that would be thus afforded for making lines fast for the
vessels to warp in.
" Last year no English vessels at all were lost at Sulina,
though many foreign and lighters were lost ; the only
serious accidents to English vessels being the stranding of
the Europa, of Shields, bound to the Danube in ballast, in
the month of March, and that of the Lourenci of London,
also bound up in ballast, in the month of November last ;
both vessels were got off, though at considerable ex-
pense, and proceeded up the river and loaded for Great
Britain.
" But this spring, among an immense number of foreign
vessels totally lost, and many more damaged, the only
British vessel lost was the Storm Queen, of Arbroath,r..
tons, being bound in ballast for Galatz and Iba sla,
with
Sunday, the 29th of March, drawing 9 feet of water, ws
a breeze from the eastward, other vessels entering the river
at the same time, some of which were also lost, but
most with loss of rudder, or otherwise damaged ; she
struck on the bar and got fast, but being got off by means
of a warp and kedge, the rudder was found to be unshipped,
and the vessel being unmanageable, an anchor was dropped,
when the vessel swung round and took the ground abaft,
dragging the anchor home ; another anchor was got out,
and every means used to get her off, but without effect ;
continued striking, made water and filled, but re-
smhaeined upright the whole of that night ; the next day
the master came ashore to get assistance, but a gale spring_
inc., up no boat or crew could be got off even to take out
the crew left on board, and the next morning the vessel
was found to have settled over on her beam ends, and
nearly all under water, five men hanging in the rigging,
but who were saved by some Moldavian fishermen ; the
vessel was stripped and sold by auction by the Toaster's di-
rection, and the crew were shipped, some on wages and
others as passengers, to Great Britain, in other British
ships homeward bound.
Within the last few clays several foreign vessels have
struck on entering the bar, and several lighters of vessels
outward bound totally lost, or the cargoes so damaged as
to be totally unfit to be shipped."
The last letter of the correspondence, from Sir George
Seymour to Lord Clarendon, thus describes the present

HOUSE OF LORDS.—Aua. 19.
(Appeals.—Before the Lord Chancellor, Lord Lyndhurst,
Lord Brougham, Lord Truro Lord St. Leopards, &c.)
EGERTON V. BROWNLOIV.—THE EARL OF BRIDGEWATER'S

ESTATES.
Their Lordships to-day gave final judgment in this
case, which has been for some time before the house. It
will be remembered that the case relates to the singular
will of the late Earl of Bridgewater, by which certain
estates, said to produce between 50,0001. and 70,0001.
a year, and which were bequeathed to the late Lord Al-
ford, on condition that during his lifetime he attained to
the dignity of Marquis or Duke of Bridgewater. The
case was argued at great length before their lordships,
assisted by the learned judges of the common law courts.
The appellant is John William Spencer Brownlow Eger-
ton (formerly John William Spencer Brownlow Horne
Cust, he having assumed the name and arms of Eger-
ton), commonly called Lord Alford (eldest son of the
late Lord Alford), an infant, who appears by his next
friend, the Hon. Peregrine Francis Cust ; and the re-
spondents are John Earl Brownlow and the Earl of
Powis (trustees under the will of the Earl of Bridge.
water), Lady Marianne Margaret Egerton (formerly
Alford), widow of the late Lord Alford, whose jointure
is charged on the estates in question, the Hon. Charles
Henry Egerton, second son of Earl Brownlow, who is the
party interested, being next in remainder to Lord Alford
on the failure of the provisions under which he was
to inherit ; Wilbraham Egerton the elder, William
Tatton Egerton, and Wilbraham Egerton the younger,
who were parties in contingent remainder under 1
the will. The late Lord Alford, in whom the
estates were vested, having died without attaining
the dignity of Duke or Marquis of Bridgewater, the re-
spondent, Charles Henry Egerton, the next in remainder,
claimed the estates, and the present appellant, the son
and heir of Lord Alford, heir-at-law of the testator, filed
a bill in Chancery, praying that it might be declared
that he was under the will equitable tenant in tail male
of the estate other than leasehold for years, and abso-
lutely
entitled to the estates held upon lease, on the
ground that the condition in the will, the non-fulfilment
of which it was alleged determined the right of the late
Lord Alford and his heirs, was void, on the ground of
public policy. The cause was heard before Lord Oran-
worth, when Lord Justice, who decided that the provi-
sion of the will not having been complied with by Lord
Alford, no estate vested in his heirs, but that Charles
Henry Egerton, the respondent, was entitled to the
estates. The present appeal was then brought.
On Friday last the learned Judges gave their opinions
on the questions submitted to them, which went in sub-
stance to the decision of the appellant's right to succeed
to the estates. A majority of their lordships were of
opinion that the appellant did not take any estate after
the death of his father, the late Lord Alford, but that
they passed to the next in remainder, the respondent,
Charles Henry Egerton. The Lord Chief Baron and
Mr. Baron Platt gave an opinion in favour of the right
of the appellant, the present Lord Alford.
Lord Lyndhurst rose to move the judgment of the
house. He said that he had heard the opinions of the
learned judges, and he had since well considered those
opinions, and he felt bound to declare that, with all due
respect for the learned judges, he had been compelled to
arrive at a different conclusion from that which had
been expressed by the majority of that body. He
thought that it was greatly to be lamented that those
opinions had been prepared during the heavy pressure
of business which the assizes, of necessity, threw upon
the judges, and consequently without a sufficient oppor-
tunity
for those learned persons to consult authorities
having reference to the subjectinvolved in their answers
to the questions which had been submitted to them by
that house. In this case there were two questions,
namely, whether the condition in this proviso was a
condition precedent or a condition subsequent ; and
then, whether it was to be considered as being a valid
condition, or a condition against public policy, and
therefore void. As to the first of those questions, it
could not be disputed that this will had been drawn by
a gentleman who was well aware of all the terms, science
and art of his profession, and that in the application
of them he had exercised the greatest skill. If the
house would look at the particular clause in the will,
which constituted the real ground of dispute, they
would find that in that, as in other parts of that instru-
ment, that on the non-occurrence of certain events, the
estate which was first given was to cease and determine.
The application of these words convinced him that the
condition was a condition subsequent, and not a condi-
tion precedent. Looking at the whole of the will, he
had no doubt that that had been the intention of the
testator. Well, then, the question was, whether this
condition subsequent was such a condition as the law
would carry into effect, or whether it was one which the
law would declare to be null and void, upon the ground
that it was opposed to public policy ? If it was to be
regarded as a condition against public policy, then the
effect would be--the condition being a condition subse-
quent—the same as though there had been no condi-
tion or no proviso in the will ; but if the condition had
been a condition precedent, then it would be otherwise.
This was a rule of construction which, although it might
appear to be simply technical, yet was not so in truth.
What was the effect of this proviso. It was an estab-
lished rule that no condition against public policy should
be good, but should be regarded and treated as illegal
and void. This was laid down in Shepherd's Touch-
stone, as well as in Coke, and many other works, all of
the highest authority. In the more recent times Lord
Hardwick had acted upon this opinion, and in a case
quoted, Chief Justice Bacon had announced that grounds
of public policy, when they arose, ought to have great
weight ; and, although there might be no doles males,
still, if in the result, the well-being or interest of the
public in general was to be affected, the Court must be
governed by considerations of public interest , and then
he had afterwards stated that as these grounds of public
interest weighed heavily with him, it was not necessary
for him to cite authorities to establish this well-
known rule of law. Whatever cases fell within the rule
must be governed as they arose, and each must depend
upon its own peculiar circumstances. Hence, when the
case of cestui que trust originally came to be considered,
and the rights of the attorney and client, as well as the
egality of policies on seamen's wages, each of those cases,
although subjected to the operation of the same common
principle, had that principle applied to it in reference
to its own particular and peculiar circumstances, as to
each case, the inquiry must be in respect of the ten-
dency of the act to interfere with the public interest.
The rule was clear. Whether the particular facts of the
case brought it within the scope of the rule it was the
province of the courts to decide, and in determining
the question the courts would act with due caution.
The present was a case where there was a device to
Lord Alford, who would take an estate which he
must afterwards hold under a certain condition. The
appellant might at any time become a peer. The
duties of a peer were of a grave and important character.
He had duties in the Legislature, as well as those of a
judicial character, to accomplish. Moreover, a peer had
a right to demand an audience of the Sovereign, to offer
his advice upon the subject of public affairs. These were
high and important functions, both as to power and to
duty. In those, as well as in political matters, a peer
was bound to act free from any improper motive—least
of all ought there to be any motive of a pecuniary cha-
racter to influence his movements in the discharge of the
duties attached to his position and station. This was
the position, and these were the obligations and duties
of a peer. It followed, then, that any disposition of
property which in any way tended to interfere with
the discharge of those duties was at variance with the
public good. It was very true that the creation of peer-
ages emanates from the Crown, and that respect for the
sovereign would not permit the belief or i suppostio n
that the Crown would act in any other way than upon the
best and purest motives. All, however, knew that prac-
tically the power of creating peers was
called
into action
by the advice of the Ministers of the Crown, audthe
honours were not granted except' on their suggestion and
recommendation, and in most instances were not con-
ceded by the Crown unless in cases of distinguished pub-
lic services. What, then, was the practical operation of
this state of things in reference to the proviso in this will ?
Why it was this. This estate was made to depend upon an
emotion in the peerage. Was it reasonable to conceive that
such a state of things would not have a tendency to ope-
rate on the person thus interested in a manner calculated
to induce him to do whatever would secure the permanence
of the estate to his descendants. Was it not reasonable to
conceive that the operation would be to lead him to support
those measures which the minister of the day might bring
forward, and to uphold them without that degree of scru-
pulous regard to their necessity by which he ought to be
governed, and without that freedom of agency by which
his conduct ought to be regulated. That there might be
honourable exceptions to such a state of things, it was
impossible to doubt ; but then there might be other per-
sons who from the apprehension of being biassed in the
i
adoption of one particular course, would adopt the direct
t.
opposite. This was in itself an evil to be guarded against.
Looking at mankind in general, they must arrivethes
conclusion that such a state of things had a powerful
at
ten-
dency to cripple the free agency of the person and to