The Sun.
London, England, 1836-12-07 00:00:00

THE SUN, LONDON, WEDNESDAY, DECEMBER 7, s3O

and fifty Yorkshiremen be found to echo the praises
bestowed by Jord WHARNCLIFFE on the House of
Lords? Why, in Somersetshire the other day, where
a Reform dinner was got up almost on the spur of the
moment, upwards of six hundred people attended
But perhaps their knowledge of the speakers kept
many away from the Wakefield feed ; for who, unless
handsomely paid for his duty, would go to hear a
Rev. Mr. SIIARP prose by the hour together, in de-
fence of our glorious Constitution in Church and State?
A gooddinner is no adequate compensation for sufferings
of this sort. Champagne may enable a man to endure
ten minutes of a SHARP'S philippic ; but Imperial
toquay itself will not enable him to sit out an hour's
worth of such an orator's abuse. This Rev. Gentle-

CHANCERY COURT.-(THIS DAY.)

IN THE MATTER OF JESUS COLLEGE.

The LORD CHANCELLOR gave judgment in this case in
his private room ; we are, therefore, prevented giving either
the facts, or his Lordship's decision.

THE MARQUIS OF BREADALBANE V. THE MARQUIS OF
CHANDOS.

The arguments in this case, which were partly heard yes-
terday, were resumed immediately on his Lordship taking
his seat in Court.
Mr. KNIGHT proceeded to address the Court on behalf
of the Marquis of Breadalbane, in support of the decision
of the Vice-Chancellor, and had not concluded when our
Reporter left, at two o'clock.

VICE-CHANCERY.-(THIS DAY.)

gPACKMAN V. TP411311E:LI"

man--who judging from his speech we should con-
ceive to ,have far more of the fat than the sharp in his
composition—observed, that the more our glorious
Constitution was assailed, the more its majesty was
apparent, and the more durable it became. Why
then how grateful ought this Mr. SHARP to be
to the Reformers, who (according to his own ac-
count) are doing their best to assail the Con-
stitution ! Are they not, by such assault, testing
its majesty, and adducing proofs positive of its
durability ? Surely this Yorkshire pastor should be
the very last to abuse the Reformers, for it is by their
efforts only that the Constitution is proved to be im-
pregnable I In another part, however, of the Rev.
Gentleman's speech, we find that this Constitution—
majestic and durable as it may appear to him—has
already lost " one of its main pillars ;" but which, he
takes care to assure us, is a mere trifle not worth talk-
ing about, because the " British lion is at last awake,"
and of course, being an architect, will instantly set to,
and rebuild the fallen column ! And trash of this
sort is considered by the Yorkshire Tories as genuine
eloquence, and cheered accordingly ! If the dinners
of these men were concocted of no more wholesome
materials than the speeches of some of their Mag-
nates, not one of them but would be poisoned be-
fore he left the table. Lord WHARNCLIFFE talked
pretty much as he always does, and as we greatly fear,
ever will. He praised the virtues of the Lords, and
roundly stated that they would play over again next
Session, the game they played throughout the last.
Let them do so. The consequences of such obstinacy
will not fall on the country, but on them. They and

The argument in this case, which came before the Court
upon an application to re-hear three petitions, occupied his
Honour the whole morning. The facts are of no interest,
except to the parties concerned.

ROLLS' COURT.-(THIS DAY.)

JITDG MENT

.-MTLLIN V. FLETCHER.

Lord LANGDALE, in giving judgment in this case, said
the testator having contracted to purchase the estate in
question, made a codicil to his will, and thereby devised
the purchased estate to the plaintiff. Sometime afterwards
the legal estate was conveyed to him, or for his benefit, and
the question in the cause was whether the conveyance ope-
rated as a revocation of the devise. By the contract in
this case the testator was entitled to a conveyance to him,
" his heirs, appointees, and assigns." The effect of the
word " appointees" had been disputed ; it having been
contended that it meant such persons as the testator might
nominate and appoint previous to the conveyance, so that
there might be a conveyance to them by the vendor ; or
such persons as the testator might nominate and appoint
subsequent to the conveyance. The conveyance was to
the'testator and his heirs, to such uses as he should by
deed appoint, and in default of appointment to the tenants
for life. If the testator bad an equitable estate in fee
simple under the contract, the will was revoked according
to the cases that had been decided on this point. What-
ever effect might be attributed to the word " appointees"
the contract was so framed as to revoke the devise. It
was possible this result might defeat the intention
of the testator, but the law disregarded intentions, and
sometimes, as Sir Thomas Plumer had observed, violated
an intention clearly indicated. It had been argued at the
Bar, that the rules, in these cases, were too strict, and had
been much regretted by the profession. This his Lordship
considered not to have been urged improperly, but it tended
to make the Judge more cautious in concluding, that that,
which he found to be a rule was really a rule admitted in
the law ; but whether the authorities relating to a revoca-
tion by contract were subject to so great an objection as
had been stated, or whether it was or was not the proper
subject of regret that they should be applied to cases of
this nature, his Lordship did not think he had authority to
deviate from decisions that had been acquiesced in, and
which had for years past furnished a rule for Courts of
Equity. He conceived it to be the duty of a Judge
to administer the law according to the recognised
practice of the profession. The enquiry before him was,
not what the law ought to be, but what it was, and how
it was to be applied to the particular case under consi-
deration. It was melancholy to find the law in such a state
that eminent Judges and writers expressed their disappro-
bation of it, and regretted that they were bound to give
effect to it ; but it would be still more melancholy to find
Judges declaring the law to be according to their notions
of what it ought to be. All stability would then be lost,
and every decision would tend to confusion. The distinc-
tion in this case turned on a very small point, but by de-
parting from distinctions that were settled, a degree of
uncertainty was produced, so that no one could advise upon
a will until the opinion of the Court was had upon it.
Therefore, whether the distinction was sound or not, if it
had been adopted in the cases reported in the books, it was
better to abide by it than to determine whether it ought
or ought not to be established. It being his Lordship's
opinion the devise was revoked, the bill, which was in sub-
stance for a specific performance of a contract, was dis-
missed, and the costs were ordered to be paid out of the.
estate.

they alone, will be the sufferers. A people is immortal,
but all history shows that an aristocracy is made up of
most perishable stuff. It is here to-day—gone to-
morrow. And why ? Because it is a luxury, not a
necessary. Lord WH A RNCLIFP E himself seems aware
of this fact, for he expressly observed that the Lords
had no power to hold out, if the country chose to
declare against them. Unsupported by popular
opinion they could not stand an instant. His
Lordship is right, and greatly it surprises us that see-
ing which is the right path for the Peers to pursue, he
should persist in counselling them to take the wrong
one. Why does he not advise them to bow to the
opinion which he confesses is uncontrollable ? There
would be no mean subserviency in such a course of
conduct ; but on the contrary, a show of discretion
and good feeling, which would give the Lords a strong
claim on the gratitude of the country. The people are
naturally prejudiced in favour of the Aristocracy; but
they will not allow that these last are our only fit legis-
lators. They claim the right of judgment for them-
selves, and will not surrender that right, even though
the House of Peers should perish in the struggle. A
considerable portion of Lord WHARNCLIFFE'S speech
was made up, as might have been expected, of abuse
of O'CONNELL ; but great as was this abuse, it was
nothing to that of Mr. LASCELLES, who made the
astounding discovery that DANIEL was neither more
nor less than the Devil ! Yes, we have the au-

thority of this astute Tory for saying that O'CoN-
NELL is Anti-Christ, and has taken up his quar-
ters at Lichfield House. He no longer roams ud
and down the earth, " seeking whom he may de-
vour," hut remains stationary at Lord LictiFlELD's,
where he contents himself with swallowing a Whig or
two every morning for breakfast. The poor Tories
If it were not for O'CONNELL, we really know not
what they would do. He has been the making of
Lord LYNDHURST, so far as notoriety is concerned ;
and who knows but he may be the means of bringing
even such a thing as LASCELLES into fashion

We beg to direct the attention of,' our readers to an
advertisement, which appears in our first page, respect-
ing a Rector of the Established Church ; the facts, as
mentioned to us, are Certainly extraordinary. It ap-
pears that about twenty years ago, a public subscription
was entered into by the inhabitants of AlotPeth, to
establish a school for the children of the poor and in-
digent. Mr. EKINS was appointed the Secretary.
The school, after being carried on for a short time, was
discontinued, and Mr. EKINS, without any authority,
placed the money in the Funds in his own individual
name. Until within these few months the matter slept
in profound silence. The Reform Council of the
borough, however, thought it necessary to make some
enquiries respecting this money ; and in conjunction
with a deputation from the Churchwardens, Overseers,
and Select Vestry, signified to the Reverend Gentleman
their wish to have an interview with him, but he re-
plied by saying he had no fiends in his hands for a
free school. The deputation, however, called upon
him, and obtained a confession that he had 5001.,
Three-and-a-Half per Cent. Stock, belonging to the
Charity, and that, since the year, 1827, he had, of his
own accord, applied the interest to a shadow of a Sun-
day school. A Public Meeting of the whole Parish
was convened, at which certain gentlemen were ap-
pointed to request the money to be placed in their
hands, for the purpose of applying it to the object for
which it was originally subscribed. But the Rector
refused to give it up. He has since been applied to
by the Bishop of DURHAM, but without success. A
good deal of excitement, and some discussion in the
local Newspapers, have been called forth, and tiler°
seems every probability that an application to the LORD
CHANCELLOR will be necessary. It is no wonder
that the Established Church sinks in public estimation
when one who derives an income of 1,6001. from his
station in it is capable of such conduct.

The Vestry of the parish of St. George, Hanover-
square has resolved to appeal against the Middlesex
County-rate, for the present quarter, made by the Jus-
tices of the Peace in Quarter Sessions, on the 27th of
October, 1836, at one half-penny in the pound, or a
gross sum 11,1851. 3s. 6d.