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

17-(
2,,a;t/6

LAW INTELLIGENCE.

The Russian authorities, on the other hand, allege
that the method of using rakes alone adopted by the
Turks was quite ineffectual, and that the channel could
only be deepened by a dredging machine, which they
had procured from England. The British consuls, on
the contrary, condemn the dredging machine, and
strongly insist upon a return to the old method of clear-
ing the passage. A great deal of irritation appears to
have prevailed on the part of the Russian Government
at this time, and the affair thus remained when Lord
Palmerston addressed the following letter to Sir G. 11.
Seymour, the British Ambassador at St. Petersburg :
" Foreign-office, Oct. 28, 1851.
"Sir,—l have received your dispatch of the 17th inst.,
inclosing a copy of a memorandum given to you by M. de
Seniavine respecting the measures to be adopted for clear-
ing the Sulina channel of the Danube.
" I have to remark that the Russian Government ought
not to take amiss the urgency of the representations of her
Majesty's Government in this respect, seeing that no effec-
tual measures have been adopted by that Government for
clearing this channel, though that mouth of the Danube
has been in the possession of Russia three-and-twenty
years, and although great injury and inconvenience has
been sustained by commerce from the gradual choking up
of the bar, and although during the last twelve years tho
British Government has made repeated representations,
and the Russian Government has made repeated promises,
on this subject.
" With respect to the memorandum inclosed in your dis-
patch, I have to instruct you to observe that her Majesty's
Government have been informed that the method practised
by the Turks for clearing the channel maintained a depth
of 16 feet water on the bar, and that method cannot there-
fore be said to have failed, nor to have been altogether in-
sufficient for the passage of sea-going ships; whereas the
dredging machine which has been sent to Sulina, whether
owing to the want of skill or the want of good-Will of the
persons locally employed, has produced hitherto no result
whatever, and it has now been sent to Sebastopol, so that
all attempts to deepen the channel by means of that ma-
chine appear to be for the present given up.
" You will give a copy of this dispatch to Count Nessel-
rode. " I am, &e.,
(Signed) " PALMERSTON."
The following communication from Count Nesselrode
was forwarded to Lord Palmerston by Baron Brunnow
on the hubleat of a report from the British Consul at
Galatz, which does not, however, appear to have been
a very favourable one :
(Translation.)
" St. Petersburg, Oct, 11-23, 1851.
"M. le Baron,—Sir Hamilton Seymour has had the
goodness to communicate to me the report of the English
consul at Galatz, which gives an account of the operations
of the dredging machine recently purchased in England by
our authorities in the Black Sea, with the view of im-
proving and extending the system of clearance at the
mouth of the Danube.
"This report, which your Excellency has read, marks
the daily progress of these works, and shows their results.
They have seemed to us satisfactory, so far as they could
be so, considering the local difficulties to be contended
with, and which it is right in such a work strictly to take
into account.
"These results, it may be supposed, would have been
still more complete and more speedy, if the dredging ma-
chine, ordered at our expense in England, had not required
repair. An accidental interruption of the works, which
cannot be attributed to the persons entrusted with them,
has from time to time been the consequence.
".We have reason to suppose that the information ob-
tained on the spot by the English consul, as regards the
efficacious manner in which these works are carried on,
would have sufficed to satisfy the British Government of
the steadiness of the efforts which the Imperial Govern-
ment has employed for an object of such great interest to
commerce.
" To our great regret, we perceive that a less favourable
impression prevails in the English public. We find an
indication of this in the annexed dispatch from Lord Pal-
merston, which Sir Hamilton Seymour has just communi-
cated to me. It forms the sequel of a memorandum which
had been given me by Mr. Buchanan, on the advantages
of the system of clearance established under the Ottoman
Government previously to the treaty of Adrianople.
" It cannot be our intention, M. le Baron, to depreciate
the zeal shown by the Turkish engineers, nor the merit of
the mechanical means employed by them, at the time
when the charge of maintaining the passage of the Sulina
devolved on them. But we have imagined that a dredging
machine constructed in England must necessarily, with a
view to the same object, inspire us with more confidence,
and hold out to us a greater prospect of success. Notwith-
standing the observations contained in Mr. Buchanan's
memorandum in regard to the advantages of the Turkish
system, we persist in granting a preference to the improve-
ments which the mechanical art in England has introduc
into this branch of the service. We have no doubt of her

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 Redcliffe :
" Sulina, Juno 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 she 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
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
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 tho 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 84 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 ten feet 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 bo 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, owingincreasing to the yearly num-
ber of vessels that come 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, nb 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 running out of a line
of piles to the black buoy to the south ward 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 Novemberlast
both vessels were got off, though at considerable
ex-
pense, and proceeded up the river and loaded for Great
Britain.
" But this spring, among anvim. numbermenesedania
ed,oftheoeinglny
vessels totally lost, of Arbroath, 109n9
British vessel lost waasutdhoulSatour-mmQGulariiesetnz,
tons, being bound in ballast for .
Sunday, the 29th of March, drawing 9eifsesent
teofriwnagttehre,
riverwith
a breeze from the eastward, other.vess
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, unmanageable, rudder was found to be unshipped,
and the vessel being an anchor was dropped,
when the vessel swung round and took the ground abaft,
dragging the anchor home anoer anchor was got out,
every means used to gether off, but without effect
andshe continued striking, made water and filled, but re-
m 'wad upright the whole of that night ; the next day
theal master came ashore to get assistance, but a gale spring-
ing up no boat or crew could be next morning the vessele got off even to take out
the crew left on board, and t
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 master's di-
rection, and the crew were shipped, some on wages and
others as passengers, to Great Britain, in other British
ships homeward bound.
6‘ Within the last few days 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.—AUG• 19.
(Appeals.—Before the Lord Chancellor, Lord Lyndhurst,
Lord Brougham, Lord Truro, Lord St. Leonards, &e.)
EGERTON V. BROWNLOW.—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 Afford), 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
Talton Egerton, and Wilbraham Egerton the younger,
who were parties in contingent remainder uner
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 Cran-
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 subject involved 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 bad 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 lie 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
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.
Ile 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 supposition
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, and the
honours were not granted exceptlon 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
opposite. This was in itself an evil to be g
audabeli.dpatsesdtehaegadijrnesctt
adoption of one particular course, would .
Looking at mankind in general, they
must
conclusion that such a state of things ha
d a
Powerful arrive at theten-
dency to cripple the free agency of the person and to