The Sun.
London, England, 1836-12-23 00:00:00

THE SUN, LONDON, FRIDAY, DECEMBER 23, 1836.

LAW INTELLIGENCE.

COURT OF CHANCERY, DEC.
ARNOLD V. ARNOLD.
In this case, which was not finished yesterday up to the
, • y
time that our Reporter ouittco inc Couß, the LORD
alter-tea/4n the statements and arguments
plle'stponed judgment.
oCrlt counsel,

COURT OF COMMON PLEAS, DEC. 22.
HALL AND ANOTHER V. BENSON.

This was an action brought by Messrs. Hall and John-
son, shipbrokers, against the owner of the vessel Hekit
Mar for 103/., the amount of Custom-house charges paid
by them upon clearing out the said ship. The transaction
out of which the present action arises, occurred in March,
1832, when the plaintiffs cleared out the Helot Mar, and
paid the Custom-house charges, amounting to the sum now
claimed. A freight had been provided by a person named
Norrey, introduced to the defendant by the plaintiffs, and
whom the defendant had directed in the presence of the
plaintiffs to lay down the ship. A voyage was made to
Hobart Town and Launceston, and about the middle of
1833 the 'ldol Mar returned—directed, however, not to
the present plaintiffs, but to other brokers. Mr. Norrey
had received from the defendant about 3001., and the de-
fenon ett up to the present action was—first, that the con-
tract had been entered into on the part of the defendants
with Messrs. Hall and Johnson and Mr. Norrcy jointly,
that they
.intly acted as brokers, and that, therefore, the
rrnnt plaintiffs alone had no right of action ; and, se-
condly, that there had been an express agreement that the
plaintiffs were only to look to the fund raised by Norrey
for the eatisfattion of their demands.

Attu hearing evidence,
The LORD CIIIEF JUSTICE summed up, and the jury re-
turned a verdict far the defendant.

TRIEBNER V. SODDY.

Tills Was an action brought by the plaintiff to recover the
value of ten casks of tallow, about 1701., alleged to have
been fraudulently purchased by the defendant.
The defendant was a soapmaker in Spitalfields, and about
the 20th of August, 1835, he was applied to by a person
of the name of Carter, a tallow-chandler, residing in
Castle-street, Shoreditch, and who had been a bankrupt a
few years before, for a small advance of money ; and then
it was alleged on the part of the plaintiff that the defen-
dant, refusing to advance money, suggested to Carter to
get some tallow, which he, the defendant, would purchase
of him at an under price, and that that suggestion was
acted upon by Carter, who procured altogether ten casks
of tallow upon credit from the present plaintiff, which casks
were asserted to have been conveyed directly to the pre-
mises of the defendant, except in one instance, but which
the plaintiff imagined that he had been selling to Carter for
the usual purposes of business.
Verdict for the defendant.

COURT OF THE DEAN AND CHAPTER OF

ST. PAUL'S.
NORTH V. NORTH.

This was a suit commenced by Rosamond, wife of Mr.
John North, for restitution of conjugal rights. An alle-
gation was now offered on behalf of the husband in bar to
the suit, in which it was pleaded that Mrs. North had
been guilty of adultery. The admission of the allegation
was opposed. The parties were married in 1828, the lady
being a minor at the time, and they cohabited together until
July last, soon after which the suit was promoted by the
wife for the restitution of conjugal rights. The allegation
given in on the part of Mr. North pleaded adultery to have
been committed with an apprentice.
Dr. LUSILINGTON, on the behalf of the lady, opposed
the admissibility of the allegation, as, were its contents fully
proved, the Court could not come to the conclusion that
adultery had been committed. He (Dr. Lushington), as
well as his Learned Friend on the other side, had sat up
many a weary night perusing love letters introduced in
suits in that Court ; but he was satisfied that never before
did a lover address his mistress as the alleged paramour in
this case had done. This party had addressed the lady as
having acted towards him as a sister or mother. The
tenets of the letter negatived the presumption that adultery
had been committed. The allegation was objectionable in
other respects, and he should submit that it ought to be
rejected.
The KING'S ADVOCATE supported the allegation, and
submitted that if the facts pleaded in the allegation were
proved, the Court must hold that adultery had been com-
mitted. The allegation, therefore, must be admitted.
Dr. PIIILLIDIORE directed the allegation to be admitted,
after reformation, and directed 50/. to be paid to the wife
on account of alimony.

THE NORTHERN WHALE FISHERY.

(From the Aberdeen Herald.)

• The decay of the Northern Whale Fishery has, of late
years been --”sons anticipate
its speedy annihilation. In 1820, 142 vessels were out in
Great Britain ; in 1832, the number bad decreased to
81 ; and, last year, only 59 were despatched to prosecute
this branch of industry. Aberdeen, about '2O years ago,
sent out annually 14 vessels ; we understand that only
four will leave this port next season. Nor is this decline
at all surprising. The necessity of seeking the fish
among the extensive fields of loose ice and icebergs, in
Davis' straits, where, too, storms seem to be of much
more frequent occurrence than in the East Greenland
seas, has greatly increased the difficulties and dangers of
the undertaking. The loss of life and property that has
been sustained within the last twenty years has: been so
great, and the success, even in the most favourable sea-
sons, so trifling, that there is more matter of astonishment
in finding men still willing to risk their capital and lives
in such disastrous and profitless expeditions, than in the
fact that many vessels have been withdrawn from the sta-
tions, and that several Companies have given up their con-
nection with the trade altogether. Of five hundred and
eighty-six ships sent to the north for four years previous to
1817, eight were lost. ; although, as is stated by Captain
Scoresby, this period was peculiarly free from disaster. In
1819, of 63 ships sent to Davis' Straits, no fewer than 10
were lost ; in 1821, out of 79 ships, eleven were lost ; in
1822, out of 60 ships, seven were lost ; and in 1830, out of
87 ships, no less than 18 were lost. The dire mishaps of
the season before last must still be fresh in the recollection
of our readers, and they cannot have forgotten the fact
that six vessels still remain fast bound up in the ice (if, by
this time, they are not completely wrecked,) notwithstand-
ing the praiseworthy attempts to relieve undertaken at
the request of humane and benevolent individuals. Nor
have the results of the fishing been of such a kind as to
tempt the merchant or the shipowner to expose his own
property and the lives of his fellow men to new risks. In
1830, of the 87 ships sent out, 24 returned clean, and of
the remainder, only one had a full cargo, one or two being
all that were half-fished. Of the vessels that returned in
1835, few were even half-fished, and many of them were
clean, and this last season, the returns although better than
was at first anticipated, proved miserable in the extreme.
The natural consequence of all this is, a gradual reduction
of the number of vessels employed in the fishing, and a
seeming disposition on the part of the shipowners to
abandon it.

The question naturally occurs, is there no mode of reviv-
ing or extending a branch of industry that used to be con-
sidered of very great importance, that, certainly, at first
view, appears calculated to contribute materially to indivi-
dual and national wealth ; and which, there can be no doubt,
must aid greatly in promoting the discovery of the unknown
arctic regions, and tend to introduce among the native tribes
the habits and usages of civilized life ? From inquiries
made among intelligent individuals who have been long em-
ployed the fishing, and from a careful examination of the
merits of a suggestion thrown out by a shipowner in this
city, we think we may venture to answer this question in
the affirmative. At all events, the hint of our intelligent
friend is highly worthy of the consideration of those who have
their capital at present unprofitably invested in whale-ships.
The plan is simply to estabksh a settlement of active
and enterprising whale fishers on some favourable spot in the
vicinity of Davis' Straits, and to employ only so many large
vessels as may be necessary to carry out provisions to the
colony, and fetch home the oil, blubber, whalebone, and
other articles which may be thought worth importing.
From all the information that we at present possess, we
should think that the most eligible position for the settle-
ment would be at Pond's Bay, or somewhere between that
and Lancaster Sound, on the west coast of Baffin's Bay.
There are some situations on the north-cast shore (Prince
Regent's Bay, for example) that might be found suitable ;
but, of late years, the fishers assert that the whales have
been most plentiful towards the other shore.
The practicability of carrying such a plan into effect, and
the advantages likely to result from it, are the only two
points that fall to be noticed here.
The testimony of recent travellers, as well as of seamen
who have been compelled to winter in the high latitudes,
goes to prove the practicability of establishing and main-
taining an efficient colony even as far north as the place we
have pointed out. Captain Ross's remark, that " the tem-
perature of sensation is more relative than is imagined, the
body soon contriving to find a new and much lower scale of
comfortable or endurable heat," has been completely veri-
fied by all who have visited the Polar regions. The atten-
tion now paid to the quality of ship provisions, and the
improved methods of preserving them, have not only put
a stop to the inroads of scurvy, but have tended materially
to increase the comfort of those who choose to lengthen
their stay in cold countries. In East Greenland there are
several Danish settlements. Holsteinburg, within the Arctic
Circle, is a small town with a church and a clergyman ;
and still higher up, at Lievly, in Disco Island, the chief
Danish governor resides. With an ample store of food
and clothing, and materials for constructing houses, there
can be no doubt that a colony of hardy whalers would con-
trive to pass the winter agreeably and in comfort. Nor
would they be dependent altogether on the supplies carried
with them, or procured from the mother country. The
musk ox, the rein-deer, the white bear, the hare, and a
number of other quadrupeds, would afford them at once
sport and a valuable addition to their means of sustenance.
Birds, too, and fresh fish of various kinds, would not be
wanting to give variety to their repasts ; while lobsters,
muscles, and other shell fish could be had as abundantly
as at home. To avoid all risks of famine, it would be pro-
per to have always in the settlement provisions for two
years—although it could hardly ever happen that the set-
lers would be so completely shut up as to be inaccessible
during the whole of the summer months.
Tho advantages of having a numerous body of fishers on
the spot, instead of sending them out annually, can easily be
made apparent. Ist, There would be a saving of outlaid
capital. For some time the ships sent from Great Britain
to Davis' Straits may have averaged 100 each year ; and
we believe we speak within limits when we assert, that the
oil and whalebone which they have brought home might
easily have been carried by one-fifth of the number. Sup-
pose a permanent colony of 4,000 fishers were established
at Davis' Straits, and 20 of the 100 vessels employed in
the carrying trade, the other 80 vessels might at once be
withdrawn, making a saving of outlaid capital to the extent
of at least 320,000/. In this calculation we take merely
the cost of the ships, as the boats, harpoons, casks, and
other apparatus, and the provisions included in the outfit,
would all be required in the settlement. 2d, The fishery
would have a better chance of being successful. At pre-
sent it sometimes happens that vessels cannot get into the
proper fishing station till the season is so far advanced that
they are under the necessity of returning home without
lowering their boats, and this difficulty arises not from
the want of open sea within the Straits, but from accu-
mulations of ice drifted from the north extremity of Baffin's
Bay to the Labrador coast. A settlement of fishers win-
tering inside would, in most cases, make a good fishing
before the British ships had penetrated far up the Straits.
Mr Fisher says—
" It is particularly deserving of being remarked, that
hitherto we have always found the sea clearer of ice near
the shore than farther out at sea, which is rather at va-
riance with the opinion of those who suppose the vicinity
of land necessary to the formation of ice ; but it may
be asked whether the loose floes of ice with which the
sea in these latitudes is almost covered were not, at the
time of their formation, united to the land ? May not
the reflection of the sun's rays from the mountains tend,
in a great measure, to dissolve the ice near the shore ?"
The master of a whaler, an intelligent native of this
city, who has prosecuted the fishery for upwards of twenty
years, confirms this statement, and says that one of the
best years' fishings he ever made was in an open space
quite close to the beach. 3d. There would be much less
risk of loss by shipwreck. In the first place, a smaller
number of vessels would be required ; and, secondly,
those sent out would only have to discharge their cargo
and take in their casks of blubber and the whalebone.
If, as in the old Dutch settlements, the boiling process
could be carried on on the spot, another saving could
be effected by bringing home only the oil. The com-
paratively short time that the vessels would necessarily
be out, would enable them to choose their time of sail-
ing better, both on their outward and homeward passage.
4th, The fishing might, ultimately, be left in a great
measure to the natives, and a profitable barter trade
established. Captain Ross speaks of the Esquimaux as
being very peaceable, active, and industrious, and notes
especially their remarkable talent for imitation. They
would soon be collected in considerable numbers by the
presence of a large settlement of Europeans, and there
would be little difficulty found in inducing them to assist
in the fishery. sth, But the traffic need not necessarily be
confined to the exchange of goods for whale oil and whale-
bone merely. In giving an acconnt of Prince Regent's
Bay, Captain Ross says—
" It is probable that a valuable fur trade might be esta-
blished, as numbers of black foxes were seen, and also the
traps used by the natives for catching them. There can be
no doubt that a people of so harmless a disposition as the
Arctic Highlanders, might be easily instructed to collect
these skins, which they do not seem to value, or to make so
much use as those of the seal or the bear. The ivory of
the sea-unicorn, the sea-horse's teeth, may also be con-
sidered as articles of trade. All these could be procured
for European commodities, such as knives, nails, small har-
poon-heads, pieces of iron, wood ofany description, crockery_
ware, and cheap and useful utensils and tools ; both to the
great benefit of the merchant, and to that of this Secluded
race of human beings."

6th. While such a settlement...would be highly advanta-

qc99s to the nation and individuals in a commercial point of
vier;
^i ii
WiU.ldtencdalso to, advance science and prothoto the
dance of Partles: employed: to explore the poitif
regions, by living for st'.;a-lii Otil'o'nr:o; the, Whale-fishers,
would acquire a knowledge of the Esquiniaio. 4,dOign'oi they
• •
mum 0c(3,31pe hardened to the severities of the climate
they would learn the best mode of travelling ; they would
obtain sue li ?t:ftql-hatjort as the natives are able to commu-
nicate, and thisf as i§Efidfm b'y the. liintz, given to Captain
Doss en Ids last Voyage, ig Of Oo Mean importance ; nod be-
sides they would be enab'd by wintering in the
country and In a high latitude to seize tild roost favourable
opportunity for undeftnkirt their voyage or jourtioiys If
necessary, parties belonging td he fishing station could Ire
sent forward with provisions sufficient lot. Their sustenance,
to form a new station, to be the starting point Of a new set of
discoverers, and so off from s!tTe to stage, till the lrJr'g agi-
tated question of a north-west passage was fairly set at retit.
But in another respect the proposal to k'end a colony in
tits polar regions ought to be favourably receiVC4 by the
friends of humanity and civilization. If the Esquimaux and
other northern tribes are to be humanized, it must be by
come such means as this. Let them be taught to avail them-
selves to the utmost of the store 6 which Providence, ever
bountiful, has provided for their use, even in the seemingly,
inhospitable regions of snOW give them a taste rot the con-
veniences nod comforts of civilized life ; and show them
that, by exerting their skill in subduing the wild beasts of
their forestless mountains, entrapping their tamer animals,
and becoming masters of the leviathan-like monsters that
swarm in their seas and bays, they are providing the means
of adding greatly to their happiness and enjoyment. The
pious and devoted missionary may then go on his message
of love, .and who knows but a period much shorter than
that already spent in the northern fishery may suffice to
make the " untutored savage" a civilized intelligent man and
a sincere Christian.

We have thus briefly alluded to a few of the advantages
that would accrue from the proposed settlement. There
would, no doubt, be difficulties to overcome, and we make
no pretensions to anything like a competent knowledge of
their extent ; but still we are of opinion that they are not
greater than British ingenuity and British persevercnce have
often surmounted. That the Northern Fishery will either
undergo some change in the mode of its prosecution or sink
into insignificance, must, we should think, be abundantly
obvious. If the hints thrown out in the preceding remarks
be the means of directing the attention of parties interested
in the subject, and of stimulating them to the proposal of
some plan for advancing individual and national interest,
and the cause of civilization, they are not altogether lost.
Should a settlement be thought advisable, individuals who
have frequently visited the country would be able to sug-
gest the alterations required in the operations commonly
used in the fishing in consequence of the new mode of pro-
cedure. Small craft, 'strongly built, to work inside of the
ice might be necessary in addition to the common boats,
and light vehicles for transporting blubber and other arti-
cles across the ice, could easily be invented. For the first
year, the fishers and mechanics would do well to go out
alone ; but after having their dwellings comfortably fitted
up, there would be no harm, but much good, in letting their
families join them.
In conclusion, we beg to refer such of our readers as
wish to ascertain the practicability of the proposed scheme,
to Captain Scoresby's excellent work, and the writings of
Parry, Fisher, Ross, and the other northern travellers.
They will there find much useful and interesting informa-
tion, calculated to show them at once the dangers and
difficulties of a sojourn in the icy regions, and the possibi-
lity of completely overcoming them.