The Sun.
London, England, 1836-11-17 00:00:00

THE SUN, LONDON, THURSDAY, NOVEMBER 17, 1836.

our Foreign Secretary, next to the immortal proto-
cols, was brushed away like a spider's svcb, though
the diplomatic artist .by which it was spun Mill
amuses himself by endeavouring to repair the irrepar,7-
bly-shattered filaments.
" Destroy his diplomatic web, in vain,
The creature's at his flimsy work again."
Almost simultaneous with the demolition of the
Royal statute of Spain was the cancelling
and trampling
under foot of the Constitutional Charter of Don Pedro
by the military " Constitutionalists"
of Lisbon, at the
point of the bayonet. The very Constitution which
was the great prize struggled for by the Portuguese
Liberals, in a furious and bloody war—the Constitu-
tion to gain which for those Portuguese Liberals,
British valour was prodigally displayed,_British treasure
expended, and Whig co-operation justified—that very
Constitution survived its author not so long as the
war to obtain it lasted, and is now buried in his tomb !
Another act in the tragi-comedy of Vs non-in-
tervention has just now been performed at Lisbon,
for the details of which we refer to the Correspondence
in our columns to-day. That act has been attended
with some bloodshed. A distinguished victim has
been sacrificed on the altar of revolutionary liberty—
Agostino Jose Freire, one of the few Portuguese
Statesmen who was not an enemy of English interests,
has paid the forfeit of his life to consolidate the system
of what is called the " Constitution of 1822." One of
the prominent circumstances of the movement was, the
loud and vehement expression of popular hatred to the
English name and nation—and certainly it is the
fitting reward for people who obtrusively intermeddle
in the affairs of their neighbours. Will nothing cure
the Whig Government and our liberal countrymen of
this besetting sin ? The British troops, who have been
fighting the battles of the Spanish Liberals, are de-
frauded of their pay, and left to starve or rob at St.
Sebastian, and the whole English nation is execrated
by the liberal Portuguese, because British troops pre-
served Oporto, and prevented the incapable Don
Pedro and his " brave cazadorcs" from being driven
into the sea ; and because gallant British tars, com-
manded by the hold Napier, gave the final blow to the
power of Don Miguel, and enthroned the " ,
Consti-
tutional
Q, een at Lisbon. It would appear that the
Portuguese be:tc'e that the English, who, under
their non-intervention Ministry, have got the cha•
ratter of intermeddling in every thing, were the
instigators of the attempt, or apprehended attempt,
at a counter-revolution, which has ended so disas-
trously for the unhappy young Queen—obliged, as she
was, to send successive flags of truce to her own sub-
jects, and, finally, to capitulate to the National Guards
in the capital of her dominions ! Some of the Por-
tuguese journals, not long since, pointed at the repre-
sentative of Belgium, as being engaged in intrigues to
bring about a counter-revolution. We commented
upon the subject at the time, and expressed a hope
that the English would keep clear of such intrigues,
if they really existed. Whether Belgic influence had
in reality anything to do with the origin of the com-
motion, does not yet clearly appear—but, if it had
we presume the consequences will be unpleasant
to the scion of the family of Cobourg, that has
been transplanted to the soil of Portugal. Some
time ago, flourishing accounts were sent home from
Lisbon of the aspect of decision which the British
Government assumed. We were told that the
British vessels of war were so placed as to be prepared
to batter Lisbon in case of necessity ; and that the
Ta/avera had her guns pointed against the Custom-
house. Moreover, that the marines were drilled
several times a day, with the view of striking awe into
the hearts of the mutinous Portuguese. These " awful
appearances" were like Lord Palmerston's naval " de-
monstrations" elsewhere, and so we described them to
be at the time. Have we been deceived in supposing
that such demonstrations would only excite in the
event the ridicule of foreigners, and illustrate the Whig
policy of " willing to wound, but yet afraid to strike."
On the present occasion it appears that the British
marines were actually landed, and took up a position,
with the evident intention of overawing the rebellious
subjects of the Queen ; but the National Guards
having_ refused to treat with the Queen while they re-
mained on shore, they were re-embarked. It was not
so the British lion used to show his teeth, and then
turn his tail to the enemy I So, until the next catas-
trophe, terminated
" This strange—eventful history."
—Morning Herald.
The death of the exiled French Monarch Charles
X., which we announced in yesterday's publication is
confirmed. That illustrious son of misfortune is no
more. He has found at last a resting place in the
grave, and the hand of friendship already hastens to
strew over his tomb the sweet flowers of those recol-
lections which his long and varied life supplies. A
more amiable, honourable, and benevolent monarch
never existed. Though fate selected him as a victim
of her several trials—though thrice an exile from the
palace of his ancestry, and the sport of circumstances,
which are more powerful than human will—he pre-
served the respect and esteem of those who were about
him to the last, and exhibited a moral dignity in his
misfortunes which well became the high lineage
from which lie had descended. A few attached
subjects rendered him the homage of their loyalty
and their love, though the world had abandoned
him, and his own kindred had conspired to blot his
name out of the list of European Sovereigns. There
still remained some honourable men whose loyalty
was above price, whose affection was increased by
his misfortunes, and he was perhaps more proud,
and more happy in their support, than when millions
bowed down before his throne, and sycophants
sought honours and distinctions at his hand. The
Count d'Artois, as Charles the Tenth was called dur-
ing the life of his two elder brothers, quitted France
previous to the last terrors of the revolution, and took
a distinguished part in the military operations which
were undertaken with Prussian aid on the northern
frontier. He then removed to the shores of Great Bri-
tain—the hospitable refuge of all men like him, whose
virtues are illustrated by their misfortunes. He occu-
pied the Palace of Holyrood for some time, and then
resided in South Andley-street, Grosvenor-square, for
several years, happy in the society of one for whom he
had made great sacrifices, and whose attachment was
of that romantic nature which scarcely belongs to this
age of hard reality. Previous to the revolution, as
one of the handsomest men of his day, he dipped
deeply into all the pleasures and excitement of that
gallant time, and lived with so much profusion that he
contracted debts, for which afterwards he was perse-
cuted in this country. Among the many curious
adventures in which he was engaged, his duel
with the Duke de Bourbon—whose mysterious death
a few years since must still be fresh in our rea-
ders' recollection—was not the least remarkable.
The Count d'Artois was present at one of those
magnificent masqued balls which were then given
at the Opera-house, with the beautiful Madame de
Canillae under his protection. Their attention was
drawn to the splendid costume of another mask, whom
they suseected to be the Duchess of Bourbon, then
living separated from the Duke. Madame de Canillac
went beyond the bounds of etiquette in trying to gra-
tify her curiosity ; and the Count d'Artois, it was said,
so far forgot himself as to aid it by attempting to re-
move the mask from the face of this distinguished per-
sonage. The consequence of this freedom was that
the Duke of Bourbon felt himself obliged to take the
matter up. A challenge was given and received—and
the two Princes of the Blood met in the Bois de Bou-
logne
with their respective seconds. The Duke de
Bourbon was one of the best swordsmen in France,
and he received with perfect composure the violent as-
sault of the Count &Artois, contenting himself with
parrying his thrusts, and not taking advantage of his
own power, or of the unskilfulness of his oppo-
nent. The Count was not aware of the noble con-
duct of his opponent, but the seconds, being mili-
tary men, soon perceived it, and those in time suite of
the Count d'Artois advanced between the comba-
tants, and called on their principal to remark
that the Duke de Bourbon had not taken ad-
vantage of the opportunities which circumstances
, on hearing this, threw
had afforded. The Count c,
away his sword, and, rushing into the arms of the
Duke, offered him every atonement that he could re-
quire, and asked again to be restored to his friendship.
The Duke warmly embraced the Count, and they re-
turned to Paris in the same carriage. Such were the

French gyntlelnen of that day ! The Count d'Artois
married, before the Revolution, a daughter of the
House of Savoy, but, having had the misfortune to
lose her, be formed an attachment with Madame de
Pollastron, the sister of the Prince de Polignac, whose
mi„resitunes are at present occupying the attention of
the pub:!", His affection for this lady was so sin-
cere, that whsti she died, during his residence in
South Andley-street, he became a prey to the
liveliest grief, and a remarkable change came over
his mind and character. Previous to that period
he had been distinguished for acts of gallantry, and
habits of life which will not bear strict criticism ;
but from the hour of Madame de Pollastron's
death he became thoughtful and reserved, and sought
in the religion of his forefathers a consolation for the
blow which his affections had received, The Count
d'Artois was always generous, spirited, and amiable;
but now a fresh motive excited his good nature, and
the acts of his charity became unbounded. His bene-
volence was as silent as it was sincere, and many a
widow's and orphan's heart have beep made glad, with-
out knowing the source of the bounty to which they
were indebted, While thus fulfilling the duty which
his devotion prescribed, and whip); his owl feelings
dictated, he did not neglect the claims which the gen-
tlemen of France who abandoned their country with
him had ripen his family. He was the friend and
the associate of all the distinguished emigrants—the
warmth of his manner gaining every heart, the more
so as it was contrasted with the colder and more
calculating spirit of his elder brother. To be a
Frenchman and an exile, was a passport to his friend-
ship. He was one of the first of the Royal Family who
returned to France on the restoration. He appeared
at Vessoul, in Fra'nehe cornt, in 1811, and soon after-
wards passed on to Paris, where he acted as Lieute-
tenant- General of the kingdom, to which he had been
instantly appointed by Louis XVIII. It was chiefly
through his exertions that the claims of the emigrants
were taken into consideration ; and the indemnity
which was voted for their use, and part only of which
they received, in consequence of the legislative plunder
of M. Lafitte, in 1831, was mainly attributable to his
exertions. A love of justice was the foundation of his
character—and compensation to those who sacrificed
everything for his family was in his mind a sacred duty.
He ascended the throne on the death of his brother,
Louis XVIII. The revolution of 1830 is fresh in our
readers' recollection, and we need not go over the cir-
cumstances of that unhappy period. The events which
have since occurred have rendered justice to the motives
of Charles X., and of the Ministers who have, up to
this time, been made the victims of a policy vindictive
as it is unjust. The spirit of republicanism which has so
often attempted to overthrow the Monarchy that suc-
ceeded his was no bugbear of the imagination. Un-
fortunately for his family, the measures he adopted were
unequal to the end. He was the victim' of a conspi-
racy which had been long organised. England again
received the illustrious exile, and Holyrood once more
sheltered him from the political storms of the revolu-
tion. Let those who wish to write the private history
of Charles X. go to Holyrood for materials. The re-
spect and affection of the people in that neighbour-
hood for him and the illustrious companions of his
exile are the best evidences of his virtues. Since
Charles the Tenth thought fit to change his residence
from Great Britain to the Austrian States, he lived in
the vicinity of Prague, occasionally visiting the cele-
brated baths of Tceplitz, or occupying in the summer a
chateau near the former city. He there devoted all his
thoughts to the education of the illustrious Prince who
is the heir to the virtues, but we hope not to the misfor-
tunes of his family. Watching over the young scion of a
dynasty of eight centuries, the exiled monarch has spent
his time in patience and resignation, forgetful of the
past, forgiving the many wrongs which he sustained
from an ungrateful people, and filling the mind of his
tender charge with the purest love for France, and with
an awful sense of the high duties which the same fate
which deprived him of a Throne may call upon him
one day to exercise. Within a few months he deter-
mined to remove from Prague, and establish the ruins
of his fortune and household at Goritz, in Illyria ; but
scarcely had he made the change than the hand of
death came to summon him to that place where the
Monarch and the subject are equal, and where all the
cares of his former state, and latter wrongs, are hushed
in eternal sleep. He died in the midst of the members
of his afflicted family, whose constancy and truth
long compensated him for the injustice of the world.—
Morning Post.
There never was a more erroneous notion than that
entertained, and still persisted in, by Mr. O'Connell
that the majority of the people of England are indif-
ferent on the subject of Ireland's claims to justice.
That it is altogether unfounded we have repeatedly, on
former occasions, proved by the unanswerable logic of
facts. Thoroughly erroneous, however, though the
Hon. and Learned Gentleman's impression is, we are
not sure that the circumstance of his entertaining it ought
to be considered a matter of regret. It is true that to
hold such an opinion is to do an injustice to the Re-
formers of this country ; but then its inevitable ten-
dencies, as regards Ireland herself, are of a most salu-
tary nature. Were Mr. O'Connell and the people of
Ireland—for, perhaps, a large majority of Irishmen to
adopt his opinions in such matters without examining
into their truth for themselves—were, we say, the Hon.
and Learned Gentleman and the people of Ireland of a
different opinion, there would have been some danger
of their trusting too much to the exertions on their
behalf of the Reformers on this side of the water, and
their not being sufficiently active and energetic them-
selves. As it is, they act as if their triumph over their
Tory foes can only be achieved by their own efforts.
Hence they arc labouring to work out their freedom
with an earnestness, a perseverance, and a vigour,
which are, perhaps, unparalleled in history. Irishmen
are now united as one man. In the great struggle
which is going on all the distinctions of sects and
shades of opinion are laid aside. 'Whoever is for free-
dom—whoever loves his country—ranges himself, as
a matter of course on the side of the people : he iden-
tifies himself with the liberal party, though he may
differ from the leading men of that party on matters
of minor importance. And as his peculiar modifica-
tions of opinion do not prevent his joining the
ranks of the friends of Ireland, so neither do those
modifications prevent his being received by his
country's tried friends with open arms. There is
not, at this moment, a third or neutral party in Ireland.
Hitherto there always has been so, which has been
one of the greatest obtacles interposed to that coun-
try's freedom. Now all are either decidedly for or
against their country. The latter class have dwindled
down to a mere handful. The faction is now limited
to two or three hundred thousand hot-headed Orange-
men. What are these to seven millions and a
half, all resolutely determined on asserting their
rights as men and as subjects of the British crown?
Ireland presents at this present time one of the most
glorious moral spectacles ever exhibited under heaven.
Her people are bound together by the most sacred ties,
the love of country and the love of freedom. They are
animated by one spirit ; they arc bent on the accom-
plishment of one object—their country's release from
despotic faction ; and they are resolved
11c graspshallleyo
never
verlose sight of that object, not even for
an instant, until it has been gained. And the weapons,
too, with which they are to wage the war in which they
have
engaged, a
ogfe d,
the are
war itself.ap
accordance with the sa-
credness
There is to be no over-
stepping the limits set by the Constitution—no re-
course to physical force—no violence of any kind—all
is to be constitutional and peaceable. Strong in the
justice of their cause—resistless in their numbers, their
union, and the spirit which animates them, the people
of Ireland need no other aids. They have only to
battle it a little longer, and the triumph is theirs. But
let the people of England notwithstanding lend them a
helping hand. It is in our power, however, to acce-
lerate their triumph ; and this we are sure our country-
men will be generous enough to do, notwithstanding
Mr. O'Connell's groundless impression that we are in-
different to the fate of Ireland.—Morning. Advertiser.

The West Devon Standard, Tory journal, pub-
lished in this town after a two years' struggle for existence,
has been discontinued.—Devonport Telegraph.
A CRACK HAND.—On Friday last, as Street, the
coachman of the Red Rover coach, was on his journey to-
wards Dorset, a snipe got up by the road-side, when Street
with the precision of a true sportsman, brought the bird
down with the point of his whip.--Dorset Chronicle.

LAW INTELLIGENCE.

COURT OF CHANCERY, Nor. 16.
WHATFORD V. MOORE.

This was an appeal from the Vice-Chancellor. The
question turned on the construction of a marriage settle-
ment executed in 1763 and 1788, by which a sum of 4,0001.
and 2,0001. were respectively secured on an estate in De-
vonshire for the benefit of younger children, payable to
sons when they attained the age of twenty-one, or to daugh-
ters when they attained the age of eighteen or married.
The plaintiff was the representative of the eldest of three
daughters, and claimed one-third of the sum so settled ;
but in consequence of certain expressions in the settlement,
which seemed to render it necessary that the children should
survive their parents to become entitled to the sums se-
cured, and it appearing that Elizabeth, under whom the
plaintiff claimed, did not survive her parents, the Vice-
Chancellor decided that the plaintiff was not entitled.
Mr. TINNEY now appeared in support of an appeal
against this decision. The arguments were not concluded
at the rising of the Court,

ROLLS COURT.—Nov. 16.
THE ATTORNEY-GENERAL V. LUBBOCK.

His Lordship the MASTER of the ROLLS proceeded to
deliver his judgment. The principal question for the deci-
sion of the Court was as to the proposed increase of the
stipends to the pensioners, and whether five additional pen-
sioners, with stipends of 50/. per annum, should be added
to the number at present in the college. His Lordship
referred to the pro Visions of the will, and, after comment-
ing upon the facts of the ease, said that there had been two
schemes proposed before the Master—one on the part
of the relators, and the other on the part of the trus-
tees, The relators proposed that an increase of 32/.
per annum should be made to the 40/. per annum at
present received by the pensioners, making in the whole 72/.
per annum. By this Arrangement the sum of 410/. would
be left as q surplus to meet the necessary expenses of re-
pairing the college, The trustees, by their scheme, pro-
posed that five additional pensioners should be admitted
into the college, and that their stipends should be fixed at
60/. per annum, thereby leaving a surplus of 5781. Corn-
paring these two estimates, his Lordship was of opinion
that the sum of 4101. was by no means too little to lay
by for repairs, and for the other purposes of that nature.
The only question that now remained was to inquire whe-
ther the allowance of 72/. a year was too great, or whether
the allowance of 601. a year was too small, for the pen-
sioners. He was of opinion that the scheme of the rela-
tors, fixing the stipends at 721. per annum, should be
adopted. The decree he should make would be to refer
the matter back to the Master to review his report, sub-
ject to the declaration of the Court, that there should be
an increase of 321. per annum to the stipends of the pen-
sioners—that the number of pensioners should be continued
at 39, the present number—and that the chaplain and trea-
surer were not entitled to extra rooms. The Master was
also to consider the best mode of applying the garden
ground. The costs to be taxed up to the hearing as be-
tween solicitor and client, and to be paid out of the funds
of the institution.

VICE-CHANCELLOR'S COURT, Nor. 16.
EVANS V. JACKSON.

This cause, which was part heard yesterday, was con-
cluded this morning. It was a suit for specific performance
by the executors of a lessor against a person who had con-
tracted with them to take an underlease. The whole ques-
tion was, whether they would give a title which the de-
fendant was bound to accept. Thomas Oldham, the tes-
tator, late of Bucklersbury, bequeathed a leasehold house
and garden which he occupied at Brixton to the plaintiffs,
his executors, upon trust to sell, and out of the proceeds of
that and the rest of his personal estate to pay his debts and
legacies. Shortly after the testator's death, in 1832, the
executors put up the property for sale, but were unable to
find a purchaser. The defendant then offered to take the
premises on lease, and at length, in August, 1833, a con-
tract for a lease of the house and fixtures was agreed to, by
which the plaintiffs undertook to execute a good and suf-
ficient lease. The defendant was put in possession. Some
disputes arose as to fixtures. The lease was, however, at
length engrossed for execution, when the defendant's soli-
citor insisted on seeing the will. The trust for sale was
there discovered, and the defendant at that stage, refused
to accept the lease, on the ground that the plaintiffs were
not authorized under the terms of the will to grant a lease.
Their sole authority was to sell, and by accepting probate
they were bound to act in conformity with the trusts.
Mr. KNIGHT was for the plaintiff ; Mr. JACOB for the
defendant.

The VICE-CHANCELLOR could not say this was a title
the defendant was bound to accept ; but as it appeared both
parties had missed the point of objection in the course of
their negotiation in dismissing the bill, the Court would not
give costs.

BAIL COURT.
NUTTING V. SIMMONS.

Mr. liumpinvcys applied for a rule calling on the de-
fendant to show cause why the record for going to trial
should not be replaced, and the defendant pay the expenses
attending such proceedings. The plaintiff was an attorney,
and at the last sittings after Term had brought an action
for slander, which came on for trial at Guildhall before
Lord Denman. After the examination of the first witness
the plaintiff said if the defendant would make an apology,
he would withdraw the record. Mr. Kelly, who con-
ducted the defendant's case, acceded to the proposal, and
the record was withdrawn, Lord Denman remarking on the
very handsome conduct of the plaintiff. On the following
day a report appeared in the papers of the trial, which,
being seen by the defendant, letters were sent to the papers
stating that the account was false, for he had never made
an apology, nor did he intend to do it. The plaintiff on
seeing this had waited on the editors of the papers in ques-
tion, and had seen MSS., which appeared to be in the
hand-writing of the defendant, the same description and
style having been sent from the defendant to the plaintiff in
the course of the proceedings. As he had denied making
an apology, and the plaintiff having withdrawn the record
under the impression he had done so, he now sought to
have the record replaced, so that he could go to trial.
Mr. Justice LITTLEDALE observed it was a novel point.
He should therefore grant the rule.

COURT OF COMMON PLEAS, Nor. 13.
(Concluded from The Sun of yesterday.)

THE BANK OF ENGLAND V. ANDERSON AND OTHERS.

The ATTORNEY-GENERAL, on behalf of the defendants,
argued that his clients had been guilty of no infringement
of the legal privileges of the plaintiffs ; and that the Court
would pause long before they would put such a construc-
tion on the law. The private banks of London were
banks of deposit, and not of issue ; but they acted as
agents for country banks which were banks of issue ; now
it would be of the greatest importance to them if the con-
struction of the law sought for by the plaintiffs were to
prevail, because it would have the necessary effect of driv-
ing all those formidable rivals out of the market, as it
would most materially cripple their operations as banks of
deposit. If, indeed, the Westminster Bank were to issue
notes for circulation, then they would be a bank of issue ;
but then they did no such thing ; they only promised to
pay a sum of money in their hands according to the order
of the owner at whose disposal they held it. He con
tended that an Act of Parliament conferring a monopoly
on any particular set of persons must always be construed
most strictly, as being an encroachment on the rights and
privileges of the public at large. If they, in what the de-
fendants had done, had committed a violation of the
Bank Act, they were liable to be indicted for it ; and lie sub-
mitted, that in construing that Act, they Court would do
so as strictly as if this really were an indictment against the
defendants. His Learned Friend had endeavoured to give
to the words of the Act an effect beyond that which it
would bear. If it was intended to include bills payable on
demand, why not insert these words," payable on demand ?"
These words not being inserted, proved that it was not the
intention of the Legislature to include them. The expres-
sion of the one is the exclusion of the other ; and there is a
very good reason why those words were excluded ; be-
cause, if they had been inserted, the whole of London, the
whole mercantile world, would have been up in arms against
them. It was a mistake to suppose that, because an Act of
Parliament did not give Parliamentary encouragement or
privileges to banks consisting of more than six persons, that
therefore it did not permit their existence according to their
common law rights. It was very true that in consideration
of a bargain made with the Bank of England, it conferred
certain privileges on them which they did not possess
before ; but it did not therefore take awry from others
those rights which the common law gave them. The
Learned Counsel then referred to the form of instruments
in use at the time of the passing of the Act of Anne.
Before then they consisted either of bills unsealed, or bills
sealed, both of which were alike unnegotiable, but the sealed
bill was held the better security. In fact, India bonds of
the present day are in form neither more nor less than
the ancient sealed bill. The words of the Act of Anne
therefore do not apply to the modern instrument of a bill
of exchange. If the Court were to give to them the
effect sought for on the other side, they would hold that
any person accepting a bill of exchange for an antecedent
debt, would be guilty of an offence. It was wholly imma-
terial whether the defendants carried on the business of
banking or not ; for in the case of " Broughton v. The Man-
chester Water Works," it was clear that the defendants did
not carry on the business of banking, so that it would be
impossible fgr a mercantile qr reining company to accept
a bill for an existing debt, There was no East India
or West India House in the city of London that was
not to • some extent a banking-house. They had money
in their hands to make payments on account of their
foreign correspondents ; they received their
!Tividends under
warrants of attorney ; they kept regular eau accounts with