The Sun.
London, England, 1853-05-04 00:00:00

BANKRUPTCY COURT.-(THIS DAY.)

(Before Mr. Commissioner Goulburn.)
IN RE LACY.—IN THE MATTER OF THE COMMERCIAL
BANK OF LONDON.

The bankrupt formerly carried on business as a mer-
chant in Great St. Helen's, and to-day was appointed
for hearing a claim made against the estate by the Com-
mercial Bank of London.

Mr. Pearson appeared as counsel for the Bank, and
Mr. Aspland as counsel for the assignees.
Mr. Pearson said that he proposed, in the first in-
stance, to enter a claim, on behalf of the Commercial
Bank of London, on a bill of exchange for 2,500/., drawn
by Lackerstein and Co., on the bankrupt. The bill was
dated the Ist of December, 1851, and professed to be
accepted for "value received on shipments." The ob-
ject of the present claim was to follow the shipments,
and ascertain what they realised.

Mr. Aspland submitted that if the bank sought to
prove a claim on the bill, they must waive any col-
lateral security, or else realise the security, and prove
for the difference. _

Mr. Pearson on the contrary, urged that both the
bankrupt and Laokersteins had distinctly vouched to the
cashier of the bankrupt that the bill was on the ship-
ments, and he hoped his clients would not be pressed to
make an election now.
His Honour concurred that the general rule was
to either prove for the debt, and abandon the collateral
security, or to realise the security and prove for the differ-
ence, and he did not see why it should be departed from
in the present case. The only effect of admitting the
claim would be to shut up a large sum of money from
being made available for a dividend amongst the gene-
ral body of creditors. The bankrupt could not be pre-
judiced by a delay, as there would be an abundance of
assets to meet their dividend, in the event of the right of
lien on the shipments not being supported.
The claim was then withdrawn, and it was agreed that
theright of lien should be argued before a Court of Com-
missioners, whose decision was to be final. Commis-
sioners Goulburn, Holroyd, and Fonblanque will be
the commissioners on the occasion.

CITY COMMISSIONERS Or SEWERS.—The Commis-
sioners met yesterday at the Guildhall. There was the
usual routine of business disposed of, and tenders, were
received for the Cleansing of the streets and removal of
dust, &c., for the year commencing at Midsummer next.,
The Commissioners directed the Medical officer of
Health to examine the business premises of Messrs.
Cuthbert, in Paternoster-row, • which have obtained
notoriety from the frequent complaints made of nui-
sances from the fat-melting process carried on there ;
and he was directed to report at length as to any means
that can be devised to get rid of the nuisance. The
Court also agreed with a committee who had had under
consideration the widening of Birchin-lane, at the pre-
mises of Messrs. Waterlow, but found that the cost re-
quisite to carry it, out, even to the extent of six feet,
would be so great as to render it unadvisable to adopt
such a course. It was rumoured that the sum asked
amounted to several thousand pounds, so great is the
value' of ground in that part the city.
SAVINGS' BANKS. —lt has been announced that the'
Government intend to propose a measure with regard to
the management of Savings' Banks. A similar promise,
it will be remembered, was' repeatedly made by Sir
Charles Wood a few years ago, when heavy losses were
being sustained almost daily by the poor from defalca-
tions in all parts of the united kingdom. Nothing,
however, was done after the immediate excitement had
passed away, and hence, as the connexion of these in-
stitutions with the Government was allowed to continue
without the slightest protection being afforded to de-
positors, who were' deluded by it into the belief of
perfect security, the remedy still remains to be applied.
If the Government are to have anything to do with
these establishments, it is unquestionably desirable that
they should assume a real instead-of a deceptive respon-
sibility. At the same time, it would be more in ac-
cordance with sound principle if they were to leave such
matters entirely to private 'enterprise, and in place of
assuming, after the Continental fashion, that the humbler
classes are too helpless to conduct their own banking
transactions without State assistance, were to enconrage
them to exercise their discretion, and to acquire by
experience the advantages of self-reliance.

LITERARY ASSOOIAY'ION OF THE FRIENDS
OF POLAND.

Yesterday the twenty-first annual general meeting of
this association was held at the Sussex Chambers, Duke-
street, St. James's. Lord D. Stuart, M.P., the Presi-
dent of the Association, presided—supported by the
Earls of Harrington and Zetland, Lord Robert Gros-
venor, M.P., Captain Townshend, R.N., M.P., Georp
Trail, Esq., M.P., R. Monckton Milnes, Esq., M.P.,
Thomas Alcock, M.P., W. Scholefield, Esq., M.P., Sir
B. Hall, Bart, M.P., Digby Seymour, Esq., M.P. W.
Pritchard, Esq., High Bailiff of Southwark, Thomas
Hankey, jun., Esq., Frederick Pigeon, Esq., the Rev.
Dr. Worthington, &c.
The Noble CHAIRMAN said, it was his duty as Presi-
dent to preside on this occasion, and he had to tell them
it would that day be a part of their duty to elect a Pre-
sident for the ensuing year. The noble lord stated that

he had received letters from the Rev. Richard Macdon-

nell, Provost of Trinity College, Dublin • Mr. Alder-
man Salomons, T. Mowatt, Esq., late M.P."• T. Daniel,
Esq. ; E. Romily, Esq. ; and James Silk Buckingham,
Esq., apologising for their inability to attend the meet-
ing from various causes, and all expressing their anxiety
to render every support to the association. His lordship
concluded by calling on the secretary to read the annual
report.
WM. LLOYD BIRKBECK, Esq., the honorary secretary,
proceeded accordingly to read the report, of which the
following is an abstract :—The repo' t commenced with
expressing the regret o the council that, after twenty-
two years, the exertions of the association, either to
diffuse information respecting Poland, or to afford as-
sistance to Polish political exiles, should be still required.
It explained the causes of the latter, by the augmen-
tation of the number of refugees, caused by the conti-
nued persecutions of Poles by the Russian Government,
and' the unjust severity of that of Prussia. It entered

at some length into the case of Leopold de Rose, and re
ferred to the just, handsome, and honourable manner in
which the late Home Secretary, Mr. Walpole, had made
the amende honourable to the sufferer by declaring in
the House of Commons that, had the magistrates pos-
sessed the information which he had received, they would
have come to a different conclusion, and have honourably
acquitted him. Reference was made to the arrival of a
large number of Polish refugees a-ter the conclusion of
the war in Hungary, and the valuable aid afforded by
Lord Malmesbury in consent:rig to furnish a free passage
to America for 200 ; to the kindness of the Common Coun-
cil in granting the use of the Guildhall for the ball and con-
cert ; and of the performers who lent their gratuitous aid.
The report further stated, that many Poles residing iii the
Continent have contributed to their funds, either directly,
or through the zealous and most efficient resident secre-
tary ; and that among the refugees in this country, the
Polish Fraternal Aid Society has been established. In
conclusion, the council expressed their faith in the ulti-
mate re-establishment of Poland, a nation whose in-
terests are identical with our own in eastern Europe.
The income of the association was 8761., and the relief
granted to refugees was 7201., and other expenses
amounted to 3431., leaving a balance of 1861. excess over
income. The number of refugees. now in England is
769, being 36 less than last year. In the course of the
year there were 954, most of them having been expelled
from the duchy of Posen. 172 left this country, and
13 died.
The reading of the report having been concluded,
The Noble CHAIRMAN called on
The Rev. Dr. WORTHINGTON, who said it was some
matter of regret that the report was not more satis-
factory, although, all' things considered, they could
hardly expect it to be more favourable. He thought
it must be apparent that a change was rapidly ap-
proaching which would better the condition of the
Sclavonian race. He considered it was matter of deep
regret that the present ruler of France had adopted
such an illiberal policy as regarded the Poles. But when
they remembered that the French Emperor had formed
such a close alliance with the Jesuits, the deadly enemies
of Poland, and had bound himself up with the most
intolerant portion of the Roman Catholic Church, they
could not wonder at the hostile policy he had adopted
towards the unfortunate Poles. (Hear, hear.) He was
proud to say that England still stood forth as the refuge
of the oppressed ; and he regretted that Lord Malmes-
bury had, as they would remember, acted in a manner
which was not creditable 'to the character of England.
He was, however, proud to refer to the policy which had
uniformly been pursued by Lord Palmerston in counte-
nancing the struggles for national independence in every
part of the world. (Hear, hear.) After eulogising the
conduct and general character of the Poles, the rev.
doctor referred to the policy which Austria had recently
adopted, and the grovelling sycophancy which the Aus-
trian. Government had exhibited towards Russia. He
saw no reason why the refugees should not make every
exertion to recover their independence, and he trusted,
that when the attempt was made, it would be under
such circumstances as would insure success. (Hear,
hear.) He concluded by moving the adoption of the
report.
Lord R. GROSVENOR rose to second the resolution,
and said he did it at the request of his noble friend the
chairman, whose wishes he was at all times ready to
assent to in forwarding any good work. (Hear, hear.)
He hoped the report would be printed and widely circu-
lated, as he thought it contained matter which should
be extensively known. One portion of the report had
given him much pain—he alluded to the treatment of
that much ill-used gentleman—Mr. Leopold de Rose—
(hear) —and he thought that no one could have ren-
dered more service to that unfortunate gentleman than
the noble lord had done, in placing Mr. de Rose in a
proper light before the public. (Hear, hear.) While he
stated that he was deeply interested in the fate of Poland,
that distinguished but unfortunate and brave nation, he
must at the same time say that he certainly would not
express any encouragement to insurrection. The time
would con=e he hoped when Poland would be again a
nation, but ill-advised and premature attempts to recover
the independence of Poland would only result in the
discomfiture of those engaged, and 'add to the suffering
of Poland. He, hoped the association would be the
means of rendering much service to the refugees and the
cause of Poland, and he had much pleasure in seconding
the adoption of the report.
The motion was then agreed to.
The Earl of HARRINGTON moved the second resolu-
tion, and said he was delighted to meet the association
at the present moment, and especially in the presence of
the noble lord in the chair, who was the untiring advo-
cate of the oppressed hi all nations. (Hear, hear.) The
partition of Poland destroyed the balance of power in
Europe, and led to the unfortunate events which suc
needed, and with which that partition was associated.
(Hear, hear.) It was only in England, by means of a
free press, that the wrongs of the oppressed could be
made known ; but the measures adopted •by foreign
states prevented these statements being widely circu-
lated. (Hear, hear.) He was happy, however, to say
that he had that day heard that the Prussian Govern-
ment had come to the determination of not preventing
the introduction and circulation of foreign journals
throughout Prussia. (Hear, hear.) Re could not doubt
that the redemption of oppressed nations was at hand,
and he felt confident that the day was not• far distant
when Poland would recover her independence. (Hear,
hear.) He was, however, opposed to the establishment
of a republic in Po!and ; and he could point to this
country as an instance of the happiness and liberty that
prevailed under a constitutional monarchy. He intended
to have been present in the House of Lords on the
debate on the Jew Bill, and to have spoken against the
bill, because he considered the Jews to be abettors of
tyranny throughout Europe, by furnishing the despots
with funds. The noble earl concluded by moving the
following resolution :—" That the permissive destruction
of the nationality of Poland laid the foundation, and has
mainly facilitated the further development, of that sys-
tem of- confederate despotism which kas since absorbed,
with those of Poland, the national rights of Italy, Hun-
gary,
and Germany, and menaces the existence of con-
stitutional Government, and of any form of freedom,
throughout Europe."
MONCKTON MILNES, Esq., M.P., seconded the reso-
lution, and thought it was so worded as to merit their
support. Everything that had occurred had shown
how unfortunate it was for Europe that the nationality
of Poland had been destroyed. Even the countries that
had benefited by the accession of territory through the
partition of Poland, had in reality gained anything but
an advantage by the perpetual irritation and excitement
that prevailed throughout their territories. (Hear.) The
destinies of the Sclavonic nations were not yet unfolded,
and he believed that the remnant of the unfortunate
Poles would take the lead in righting that unfortunate
race. (Hear.) He would say that in all their struggles
they had his hearty sympathy and best wishes. (Hear.)
Recollecting the position in which the Poles were placed,
he conceived they were entitled to every possible consi-
deration. (Hear.) Were Englishmen scattered through-
out the world as the Poles unfortunately were, he had
no doubt they would behave as the Poles had done.
(Hear.) The hon. gentleman then referred to the state
of. Italy, Hungary, and the other oppressed countries on
the Continent. The nationality of the Poles was 'most
prominently exhibited, and he thought if the events of
Europe enabled them to regain their independence, that
they should not consider too Particularly what form of
Government should be adopted. (Hear.) In conclu-
sion, he complimented the noble lord in the chair on his
efforts in behalf of the association. (Cheers.)
The resolution was then agreed to.
The Earl of ZETLAND proposed the next resolution,
which, he said, afforded him much pleasure, as no one
more deserved the hearty expressions of their, regard
than did the noble lord in the chair. (Hear, hear.) He
begged to move that Lord Dudley Coutts Stuart be
President of the Association for the ensuing year.
Colonel CHESTERTON seconded the motion, and bore
testimony to the untiring zeal which the noble lord ever
exhibited on behalf of the oppressed. (Hear, hear.)
The motion was then unapimously agreed to.
Lord DUDLEY C. STUART lose to return thanks for the
honour conferred upon him in re-electing him president
of the association for the ensuing year. They bad for a
long while to regret the condition of Poland, but he did
not despair of the restoratiom of that unfortunate country
to independence, and he trusted they would all live to
witness it. (Hear.) S'_nce the last great struggle in
1831 the condition of Poland had been indeed of a most
melancholy character. The unfortunate Poles were
sent to the mines in Siberia, exiled, or put to death.
Those who had been able to escape from the power of
Russia had theii• sentences of death still recorded against
them, and among the numbers were some of the most
illustrious of the people of Poland. So sure as their. an-
niversary meeting came round they were quite certain of
notbeianeg artegaarlodsesdfotrheto
eche tof
the
Emperor expatiate, espe-
cially
e f
liberty in Europe. This year he Was alarming all Europe
Russia, who was, he considered, the greatest. enemy of
ppircoscoene divnhgi
by his menacing conduct towards Turkey, and in the
policy pursued by Russia Austria was giving every aid.
There was no doubt that the animosity entertained towards
Turkey by these despotic powers was owing to the noble

conduct of the Sultan in giving refuge to Kossuth, Be,n
and the other unfortunate Hungarians. (Hear.) Eng'
land, backed by the only other free country in the world,
the United States or America, supported Turkey iu ref
fusing to give up these brave men to the vengeance
P. :?ta, aud. Austria ; and the noble conduct of the Sul_in
never Ea forgotten by these twin despots.
t'
'ln.7
rot' 3 -Mr then r:‘,3rred to the Montenegro affair, an
to t"...a obj‘ct of Russia, in demanding the independeneer
of Montenegro. The intention of Russia in that mattee
was obviously to undermine and destroy the independeene,
of Turkey.
and
The object of Russia was univ rs!!
dominion, and she had her eye fixed on Constantinople
and the Dardanelles. But Russia knew that the western
powers were watching her movements, and she was there;
fore endeavouring to do that; secretly which she dared
attempt openly. The noble lord then at some length re;
ferred to other proceedings of Russia, which he said scts
n order to work out the infamous policy in which eu
had been so long engaged. He was glad to see the course
which this country was pursuing on the Eastern questiTs
So far, at least, as it went, it was satisfactory ; and be w
especially pleased with the letter which Lord John Riles e'
had lately written to the town of Newcastle-uponlYlle.
on the subject. As he had already stated, the preseas
prospects of Poland were not very bright, and he •
sorry to say, neither were the prospects of the asen,elis;
tion. He had been thinking that a public dinner reig d
be made the means of giving some aid to the funds
ove, 611._
he hoped their friends would turn the matter r
their minds, and see how it could be carried out. (1
hear.) He believed the Almighty would not a,,liniwspa
great an injustice as had been practised towards r°'A,4
to remain unredressed, and he could not doubt TO*"
Poland would yet be free and independent. e°,
Ol
hear.) Let the Poles go on cherishing their nationsidpi
but he would not counsel them to make any
the fitting period arrived. Let them teach their eililf;
to cherish their love for the white eagle of relna
(hear, hear, hear)—and when he knew the devotion to
the feelings of the women .of Poland, he had no fesreZeir
their children would have deeply instilled int° ;bore
minds that love of Poland which had made their feo„,.j.
patriots. (Hear, hear.) In conclusion the noble I_l.
begged again to thank them for re-electing him Pr'''
dent of the association. (Loud cheers.)
Mr. ALCOIK, M.P., moved the next resolution."'
vote of thanks to the Lord Mayor, Aldermen, and ,C2,,lned
mon Council of the city of London, for their contwd g
sympathy with the misfortunes of Poland, by gren:Y:o
the use of their Guildhall on the 15th of Decem
for a ball and concert, in aid of the funds of this see;ir,
tion, and, in particular, to Mr. Deputy Holt, the Clir,
man, Mr. Deputy Eagleton, the treasurer, and for
James R. Carr, the secretary of the ball committee's,
their noble andindefatigable efforts to insure the slice:oo
of that entertainment. In recommending the rev:411;1cl
to the meeting, the honourable gentleman said ht.!o to
never forget the visit he had made some years sg:A
Poland, and the great delight which that visit bilio
forded him, as well as the interest it had excited in
for
Mr. th restoration of Polish independence. (Choereio,
e BEALES seconded the resolution, and, in doing,a
warmly advocated the cause of Poland, and dertoniw:o
the vd. conduct which Austria had recently praetl,,l3ll
Italy. parties also severely censured the attempts
her
-ow
certain pn this country to get up another g
powder plot, with which it was endeavoured to en 0.
the name of the illustrious Hungarian patriot,
(Cheers.)
The The motion was then agreed to. El
Mr. CARR returned thanks, and concluded by lnedoo
a vote of thanks to the ladies and gentlemen wh°,1411,.'
their gratuitous services to the concert at the Guilu-
in aid of the funds for the Polish refugees. fto
Mr. FERGUSON seconded the resolution, which
agreed to.
Mr. PRITCHARD moved that the following neblel
should be elected vice-presidents of the association :10 ;
the ensuing year, namely, the Duke of Sutherlandto4l
Marquis of Breadalbane, and the Earls of Scarborc.l;l
Harrowby, Harrington, Fitzwilliam, Shaftesburi
Fortescue. ,09
Mr. D2ERING seconded the resolution, which
agreed to. oly
On the motion of the Rev. Dr. Worrrilig"" for
seconded by Mr. FERGUSON, the council and officers
the ensuing year were next elected. for
Colonel SZYRIIA. then, in the name of the Peu,"7,A,.60
torical Society, presented to the association an ad
from the council of the society.
Lord. DUDLEY STUART was sure he spoke the eentich •
ments of the association, when he said they. were °l-It
gratified by the address from the Historical Society fa.
was most gratifying, he said, to see how the Polish rico
gees were employing their time during their exile
their native country in collecting valuable historica'
fbrmation. (Hear.) the
Mr. W. A. SMITH proposed a vote of thanks t 0
noble lord in the chair, for his presence that dal, to
for his unwearied and indefatigable exertions in
cause of Poland. do
M. WIERANSKI seconded the resolution, and - the
so pronounced a high eulogy on the character of
noble lord.
The motion was unanimously ?greed to.
Lord DUDLEY STUART briefly returned thanks. ,s of
Lieut. C. SZULCZEWSKI then proposed the th,,aranll."
the association to the hon. secretary, he
,"Lloydtweorl agreedo B
102 ikrebtteaul
cxzc,s, kief
cares
ct thein valuable services he .11— re
i„,r,rnents,
econ
expressedded histhe
acknoww-a
after which the meeting separated. resolution, which