The Sun.
London, England, 1838-11-28 00:00:00

THE SUN, LONDON, WEDNESDAY, NOVEMBER 28, 1838.

MONEY AND COMMERCIAL !SEWS

CITY ( THIS DAY), TWELVE 0' CL 0 C
The arrivals this morning are--French and Gibraltar
mails, by the Royal Tar ; also a mail from Lisbon, by the
above vessel, which sailed from Gibraltar 16th November,
Cadiz 17th, Lisbon 20th, and Vigo 22d ; and ship letters
from Rio Janeiro.

Gibraltar Chronicles to the 16th November have been
received, but their contents from the theatre of war in Spain
have already been anticipated by the French Papers.
The overland express from India, via Marseilles, has
arrived.

The Nuremberg Correspondent states that several houses
of commerce of the first rank at Frankfort, have again been
obliged to suspend their payments, owing to their specula-
tions in the railroads ; also that German houses have ex-
perienced great losses at Paris.
The Inconstant frigate has arrived off Plymouth, with
Earl Durham on board, but the strong easterly wind pre-
vented any communication with her in time for the post.
The letters and papers by the England from New York
of the Ist inst. have not yet been received.
A letter from Vienna. of the 14th November, states that
the house of Samuel Haan in that city has suspended pay-
ment. This news created great sensation on 'Change and
among the commercial community.
The intelligence from Lisbon is of minor importance.
It appears that the Algarve guerillas have experienced
three slight checks.

We have this moment seen a Bombay paper of the Gth
October. It states that active preparations were in pro-
gress for the approaching campaign on Caboul. The
Bengal troops marched from Kurnaul on the Ist October ;
the Bombay force were to march as soon as possible to
form a corp of observation at Shickarpoor. It was re-
ported that the Persians had re-invested Herat.
LIVERPOOL COTTON-MARKET, Nov. 27.—The demand
for Cotton to-day has been to a fair extent, and full prices
have been obtained. The sales are 3,500 bags, chiefly
American descriptions.

THE FUNDS.

Consols rather declined in the early part of yesterday,
but towards the close of the market Consols rallied again,
and left off at 93i 94 for Money, and 94i buyers for the
opening. Opaned this morning at the above prices. This
is pay-day for the settling of the account yesterday; up
to the present time, all is going off well. Exchequer Bills,
65 67 ; India Bonet:, 62 64 ; Bank Stock, 2021 203 ;
India Stock, 262 263.

LLOYD'S SHIPPING.-(THIS DAY•)

DEAL, N)v. 27.—Wind S. S. E., blowing strong through-
out the day, and still (seven, 30 p.m.), continues, With rain.
No arrivals reported.

PORTSM)UTH, Nov. 27. Wind S. S. E., a gale, hazy, with
rain.—Arrived the Frederick and Amelia, from Lisbon for
Memel, and proceeded for Cowes ; and Mameluke, Naylor,
from Wylurg. Passed by the Poultney, Mouat, from Rio
Granda, for Hamburg, in 48 days. On the 14th instrnt, in lat.
44. 9., loag. 11. 50., spoke the Mary, Williamson, from 'St.
David's fir Marseilles ; same day, the Dart, Ormston, from
London 'fir Madeira.

PLYMOUTH, Nov. 26. —Wind S. S. E.—Arrived her Ma-
jesty's skip Inconstant, from Quebec, and reported last from
Falmouth—sailed Nov. 1.

FALMOUTH, Nov. 26.—1 t blew a strong gale from S. E.
until midnight, when it moderated and veered to the west-
ward. since which light airs and variable.—Arrived the
Miriam, Bamberry. from Newfoundland ; Grasshopper, Han -
kin, from Galipoli ; Freedom, Cox, from Palermo ; Castilian
Nlaid, Se4,tt, from Xabia ; Fanny, floquot, from Alton ;
Royal Tat (steamer), from Gibraltar—left 16th Nov., Cadiz
17th, Lisbon 20th, and Vigo 22d ; Ann Dorothea, Locke,
from St Übe's, with damage—bound to Dronkien ; and her
Majesty's steamer Meteor, from Prinze. Sailed Iberia
(steamer), for Lisbon, Cadiz, and Gibraltar.

Ll✓EarooL, Nov. 27.—Wind S. E. ; heavy gale throughout
last right and this day.—Arrived off, the Manchester, from
Pernambuco ; Isabella, from Antigua; Christopher Colum-
bus, from Naples ; and Sultana, from the Mediterranean.
Sailed the British Heroine, Atkins, for Mobile ; Jane, Gre-
gor), for Rio Janeiro; Le Zephyr, Molerer, for Senegal ;
and Brilliant, Craig, for Bordeaux.

OFF THE WIGHr, Nov. 27.—Arrived the Johan Christoff,
frori Bahia.

MILFORD, Nov. 26.—The Pilot (sloop), of Aberyswith, has
been towed into this port, with loss of masts, &c., and aban-
dmed by the crew, having been in contact with the Industry,
Onffiths, of Aberystwith ; the latter sunk ; crew saved.
STANGATF. CREEK, Nov. 27.—Arrived the Post-Boy, Ho-
ming, from Smyrna.
COWES, Nov. 27. Arrived the Ulysses, Rye, from Cadiz.
PENZANCE, Nov. 26.---Off port the Mountaineer, Demerara.
OFF TILE LONGSIIIPS, Nov. 26.—Arrived the Abbotsford,
from St. Petcrsburgh.

CORK, Nov. 25.---Arrived the Lady Clifford. from Cal-
cutta, leaky in her upper works; Redbreast, Millard, from
Smyrna, under jury-masts; Eliza Ann, Hyde, from Quebec;
Elizabeth Ann, Ellis, from Salon; and Amerlde, Azora,
from St. Übe's.

CROOKHAVEN, Nov. 26.—Arrived the Fame, Whitley, from
Monte Video.

WATERFORD, Nov. 25 —Arrived the Alert, Hall, and Wa-
terloo Packet, Marshall, from London; and Clarissa, Fran.
cisco, from Santander.

Hutt., Nov 26.—Arrived the William and Jane, Scallerow,
and Harlequin, Mosey, from St. Petersburgh ; and Cathe-
rine, Johansen, from Altona, brought in with three feet water
;11 the hold, and must discharge, having been on shore ; bound
to Lynn.

HIMUURGH, Nov. 23.—The Elbe is so full of the floating
ice that no vessel can be put to or come from tea. The
Crosby, Golder, which sailed hence yesterday for London,
has put back to Altona, not having been able to proceed
through the ice.

TOI'.:INING, Nov. 18. —The Essai, Schiel, from Konigsburgh
to liamburgh, was run foul of in the Eider, drove her anchor
through her bows, and being leaky was run aground ; cargo
discharged.

CoP;No, TIMOR, AUG. 3.—Arrived the Walmer (whaler)
Robins, of London; Wiley, Lazenby, with 2,230 barrels of
sperm oil, and was coming home.
SANDFORD, Nov. 9.—. The Christiana Dorothea, Claud,
bound to Altona, has put into Krageroe, leaky.

INDIA.

do most heartily rejoice that such is the case. For there
writs have been found so vexatious, so oppressive, that
by the unanimous voice of the Legislature they
have been abolished. A Bill for that purpose
passed both Houses of Parliament without any
opposition—with universal approbation ; it was cons
ducted through the Lords by that eminent Ne"
bleman, Lord a Lyndhurst. Unfortunately, however, for
Mr. Selby Lowndes, he is not entitled to die benefit of the
Act. His situation is one of unexampled oppression. The
writ is brought to recover from him and his family an estate
in the county of Bucks, worth, I understand, between
4,0001. and 5,000/. a year, which has been in his family for
sixty years—which was enjoyed by his father—which
wa
by his father settled upon him at his marriage—which be
has settled on his son's marriage—and which he had hope
to transmit without disturbance to his posterity. The eWato
against him is brought within a few hours of the expiration
of the sixty years, which expired on the 6th of Deceit:.
ber, 1832, and the claim was made on the sth.
Mr. Selby Lowndes's father's time, when witnesses weed
alive—when documents were genuine—when there i,
not been the opportunities, that have since occurred;
of falsifying testimony, and of altering writings, this
question of right was tried again and again, and "1:
formly decided in favour of the family of Lowed";
and now, when witnesses are dead, and when there bs
r,
been ample opportunity to falsify, the claim is brought I.°.
ward—by whom ?by a person named Davis and his wi`e.
I understand he is a mariner, somewhere in South Val ht
If there be the smallest pretence for this claim, it !Mc
have been brought forward sixty years ago by various Pe
sons, under whom this Davis now claims. They themselv...se
say that one Erasmus Lloyd was entitled to the estate 0
why did he not bring his action?—he dies, and makes b 6
claim. His son, J. Lloyd, they say, was next entitledn,
lives till 1784 : he dies and makes no claim. Thiagg'„
Lloyd left three daughters—Catherine, Frances, and Ns;
who all died in 1795 : no claim having been ela
by either. It seems Mrs. Davis is alleged to be tejhe
daughter of that Catherine Lloyd—born in 1787, mar till
in 1808. No claim is made on behalf of Mrs. Davis ti
1832. I ask whether this claim is not made under cirel;
stances that look very suspicious ?—whether there is °ire
every presumption against it ?—whether it will not retlei„,
the most unquestionable, the most clearly satisfactory esa
dente, to substantiate it before the Grand Ass.ze ? Instsell
of being a claim thus unquestionable in its nature, 15 b
for
show you that, on the contrary, there is not a pretence et"
it ; that of all the claims which have been made, it is P",
haps the most unfounded. The Learned Attorney-6806
ral proceeded to give a history of the estate till it Se
into the hands of the tenant, Mr. Selby Lowndes. 'lO
was an attorney—first of Salford, then of Bedford, .o
lastly of a place close upon the borders of BuckingbatPsiilllo
and who bought some property, a small portion of W the
formed a part of that now in dispute. His son wag ilia
celebrated Sergeant Selby, a most eminent member of ea
legal profession, who acquired a large fortune, and purehs6o
th estate of Wavendon. He had a son, T. J. Selby' se,
died a bachelor, and made a will on which this claim sr pd'
T. J. Selby knew his relation, on his mother's and VsPee
mother's side. His father married into the Alstonsi tips
geant Selby having married Mary Alston. And &lasi°
the descendants of the Aistons were a Temperaneecpo.
ford, niece of Mary Alston, the wife of Sergeant s'
T. J. Selby also knew his relations on the part of Pwrsica
ternal grandfather, Selby, the attorney, having Platist
Margaret Wells, from whom there were various cornice,ie; Jr
Ellen, Frances, and Elizabeth Wells. T. J. Selby
sirous that the estate which had been purchased and Alia
by his family, should descend to some person of the neal the
blood of Selby ; and failing that, his object was they, of
estate should go to his friend, a gentleman of the coueliciss.
Bucks, named Lowndes, then a Major in the 131 hs
Militia. In 1768 T. J. Selby made this will, in whfheir
declared—" I give and devise to my right and lawful tise's
at-law (for the better finding of'whorn I direct an aaverns
ment to be published in the public papers) a!1 so; oansles-
Wavendon, &c., subject to the payment of all lega"tsiS
Various legacies were then bequeathed. Then came
most important proviso :—" All which charges, Volta
direct to be paid by said heir-at-law within 12 monthseach
my decease ; but should it so happen that u° itote
heir-at-law is found, then I do hereby eapst•or je
Wm. Lowndes, Esq., of Winslow, Bucks, now INNotaiso
the Militia, my heir, on condition that he changes 1115„,-
to Selby ; and subject to all charges before-meatTne to.
Testator died in 1772. Advertisements were, aeeerasit;
his directions, inserted in tho public papers to discovers the
heir-at law ; and numerous claimants from all parts (10 of
country appeared. Every person, in fact, of thens tbst
Selby, or who had any connection with a person 7'whisly
name, searched his pedigree and made his claim ;al per
was quite fair ; and then indeed was the time for anY,Tbere
son who considered he had a claim to make it- and
would then have been no hardship on Mr. LowndeS,'„ of
willingly would he have surrendered the property
eir
person satisfactorily shown to have been the rigiss't
None of these claims, however, were established. vsse'h-oos
proceedings took place afterwards in the Court of `ll, of
eery, on which, in 1763, Mr. Lowndes took possessi°rd
the estate as owner, and levied a fine of the estate laYaPilea
clamation. The Learned Attorney-General then acts, to
the proceedings in question, the object of which roes,
settle the trusts of the will ; and the result of which odes
first, a decree of the Lord Chancellor that Mr. Lef the
should act as receiver of the estates, while the claims 0,101
various persons affirming themselves to be the heirs-B'ol
of T. J. Selby, were considered ; and ultimately a
boo
decree—(those claims not having, any of theme SIP
proved)—a decree that the estate belonged t 0 ¢to
Lowndes, and that possession should be give
him as owner. Mr. Lowndes, therefore, from that bo
ceased to be receiver, and became real owner 'ever
changed his name to Selby, under which name uet,SP
afterwards helds manor courts, signed receipts for renendao,
In March, 1783, great rejoicings took place at Wilt:l-tope°
on his assuming the ownership of the estates—sa dsse'
being erected, a procession marshalled, with music'( loot
ing, and various entertainments : and two witnesses ° aid!
could be produced, who would recollect these Prt/sillitji
and fix their date within a very few days. In Awe" s
Term, 1784, Mr. Lowndes levied a fine, in the otitis
Selby ; and, as the law then stood, a fine, by pronlAelbei
by a person holding an estate as owner, whether rigbes t°
wrongly, operated after five years as a complete jilt to
any claim whatever. After this it was isnmate.o3l er°
him, (the Attorney-General), by whom a ells; essi°:
set up. The estate continued in Mr. Lowndes'; Pe. oo tyj
till his death ; it became the subject of settlentee'd hi%
marriage of his son, the present Mr. Lowndes' se of vd
become the subject of settlement on the marriagaserte's
son also. The Learned Attorney-General then %cote:
to the claim of Mr. and Mrs. Davis, which, be
pt
came forward under circumstances of great sa-o e4l'
When he thought of the evidence given in Pedigcrpearss
now-a-days he trembled as often as he was calle-
ob
assist in them as Counsel. It was marvellous to alaPri;
the credulity of mankind in giving credence to 5" ore
however absurd and improbable, some personstaerreestag i00°10)
give it belief ; subscriptions are collected, ie
cited, and agents appointed, often not very scruPPi sasorroop.
the means to be employed. Ho (the AttornerosoPoss
had witnessed the most scandalous attempts t 0 `tlis her
such cases ; and well did he remember a case 01j) a
ford Circuit, where declarations were made felia4ileateboti
on misconception or perjury, and entries were I
►jos, tly
assize after assize. Parish registries, it was nelt see° 0
been forged without number. A practice ba peet,6l.es
sprung. up still more dangerous—of forging dee saas;eot
the Ecclesiastical Courts, of subtracting theatee°,e%.
placing them with such alterations as might stetiers'
ueb
of the party making them. The Attorner too o,s
pressed his belief that such practices had behloPlec°o,
fostered by the custom given rise to, tkroug"l- sging, ;ow'
Berlin and Milan Commercial Decrees, 01.A.°00 e'ct'srs'
tificates of origin, &c., which were imitate-oer, wa big
handwriting, seals of office, texture of t?e. ser
mark, every thing in fact, as to deceive iNciaPt.,-esol said'
agents. Such manufactures, the Attornerue-A the Beall}'
feared had become too flourishing of late, an
was liter do'
rity and skill with which it was carried on vvio aoY
appalling, and tended to shake one's confident Scripts so
of
cuments produced on these occasions. iganusthe reig°rsel,l'
be procured, of any date, however ancient, 0f 4th °tele,.
Elizabeth, or Henry the sth, or Edward the ,d sucos.
by giving the order—(Laughter —a person cootie' oetlYiloos
in a few days with the document required' s nst skdiss
tated in every particular, as to deceive the 11/-.ting an " 00
tiquary, if he looked only to the face of the
wrionm retisti
not consider its history and origin. -av!sseatvie t/rseir
to imagine," continued the Attorney-General, so teas s $
told that there was a certain Thomas Selby, :"
wrecked on the coast of South Wales --that
gaveebirth t°
Mary Lloyd--that Mary Lloyd, his
Selby, and died in child-bed ; Selby being be otlibi
only son. I have some reason to suppose it.
vrvsrm_ked
0.,
gested that this J. Selby, the son of the shbirpet.
eur of s;
Lloyd, n z
river, was educated by his uncle, the grea"-).111J'
Selby ; and that this Mrs. Davis was. e
rap don o
ked
daughter of an Erasmus Lloyd, who was thheg shipwree.ven
wife'
their first a.,„
Lloyd, brother to Mary, the wife
mariner. I believe the loosest evideOnfs.te :tied gti.h_ao:
as to the various parts of
that it wouiSt Puisootoe 7):
I am justified in saying • ,
by forging Liu, to
to make the attempt, except .
this pedigr. opente.,
ral went o "019 ell
In pedigree cases (the Attorney-General ewould make 1/litos,
pevidithr,4 Selby', serve) if you gave a party one link,
the flousi!e° house)
out to be related to the Bourbons, to
owith, rto
ht Princeshtheepa r
party
woi
wished
hedt Wales,ob corcionnftiaecctttcoel.ag_ltiiii;iteetorbl!
There was always one material link in
grandfather of the testator, was the son ~.:s„healePo'"
the important link in this case was to sahoof
the Duclia",
and Mary Lloyd ;to show that ThoolBo

The overland despatch from India via Marseilles
has arrived this morning. The dates are--Bombay,
6th October ; Madras, 26th September ; and Calcutta,
24th ditto.

The programme of the force intended for Caubul
had been published by order of the Government, at
least so much of it as will consist of the Bengal army;
and on the whole the appointments are creditable to
the discrimination of our military authoritks. The
general rendezvous is fixed at Fetozepoore, which will
be the line of or approach to the scene of operations.
His Excellency Sir Henry Fane, Commander-in-Chief
in India, will command the whole.
It is stated that Mr. Macnaghten was to accom-
pany the army into Caubul, as Civil Commissioner,
with a salary of 500 rupees a month, in addition to
his 55,000 as Secretary to Government.
Much umbrage has, it is said, been given to the
Government by the recusancy of Captain Burnet, who
will persist in taking the views his ample experience
and natural ability present to him of the proposed
restoration of Shah Shoojah to the throne on Caubul,
in defiance of the ones held by his Lordship. Cap-
tain Burnes affirms, that of all the race his Lordship's
protegee is the vilest, the most despised, and most
hated by the Affghan tribes—the most tyrannical, in-
dolent, and senseless—a coward and a fool.

Since the repulse of the Persians from before Herat,
the Shah is said to have made some overtures to
Shah Kaman, the ruler of the place, with the view of
,caving his own character and effecting peace ; but it
appears they were indignantly, and in very uncourteous
language, rejected by him of Herat.
Affairs do not look well as regards the Burmese.
Letters from Rangoon, received at Calcutta, state that
the Governor of that place had not only declined to
return Colonel Benson's visit, but had not sent any
°filccr of the Government to attend at his embarka
tion for the capital. Dr. Bayfield had bee❑ informed,
also, that he would not he permitted to remain at the
residency after the departure of Colonel Benson.
Therawaddy, it is said, had left the capital in order
to avoid our Ambassador.