The Sun.
London, England, 1838-11-19 00:00:00

T.HE SUN, LONDON, MONDAY, NOVEMBER 19, 1838.

were thus recognized by the Crown as parties interested as
underwriters ; and after this the Companies might be con-
sidered as entitled to the lands allotted to them, subject to
the conditions of plantations, &c., and entitled to all the
profits to arise from them. The lands not allotted, together
with the ferries and fishings, remained vested in the Irish
• Society ; and the City of London, or the Irish Society,
were bound for these general and public works, and were
supposed to be entitled to levy money on the Companies.
Five or six years after the conveyances were male, further
complaint was made by the Crown that the conditions
of plantation had not been performed. The complaint was
laid before the Common Council on the 2d of June,
1624. Several disputes afterwards took place, and in the
course of a few years an information was filed in the Star
Chamber against the city of London, the Irish Society, and
certain individuals. The defendants were charged with
deceitfully and improperly procuring the Charter of James,
and with a breach of the articles agreed on by the Lords of
the Council and the Committees appointed by the City, and
with a breach of the trust which the King had reposed in
them. It was insisted on by the City that they had
nothing to do with the plantations, and that their name
was merely used for transacting affairs and levying
money. This was overruled, and te Court imposed upon
the city of London and the Irish Society, a fine of
70,0001., and decreed that part of their estates should be
surrendered, and brought into Court to be cancelled. Steps
were taken for the execution of the decree, and proceedings
were commenced against the twelve Companies. Under
these circumstances negociations took place for the money
between the Crown and the City. The City then offered a
compensation of 100,0001. The Crown endeavoured to
obtain more ; and the City offered to give up all the fishing
and the lands held by the Society and the Company, and all
arrears of rent ; and after protracted negociations, a fine was
ultimately imposed, and the City agreed to surrender the
land, fishing, &c., and pay a sum 0f14,0001. Afterwards,
when the City endeavoured to obtain relief from this op-
pression, and the House of Commons took upon itself to
pass resolutions declaring its opinion as to the validity of
the judgment of the Star Chamber, it ended in the King
being willing to restore the plantation to their former foot-
ing, and it was proposed to confirm the rights of the
Companies by Act of Parliament. He had read all the
documents referred to, but was of opinion that the allega-
tions and admissions used for the purpose of the defence,
against attempted extortions under the form of legal pro-
ceedings, for the purpose of obtaining justice irregularly,
ought not to be used as evidence of the rights of the par-
ties. If some of the allegations were otherwise proved,
regard must be had to such proof ; but independent of such
other proof, he considered that the allegations and admis-
sions which were made in the Star Chamber, or which
arose out of the sentence there, or any proceedings before.
the House of Commons, ought not in any degree to in-
fluence his judgment. Soon after the Restoration, and on
the 10th April, 1662, Charles the Second granted the
Charter under which the Irish Society now existed,
and under which the title to the estates was derived. It
recited the Charter of King James, the grants made by the
Society constituted under that Charter, and that the So-
ciety retained in its hands such part of the tenements
and hereditaments as were not defeasible for defraying the
charge of the general operations of the plantation ; it
further recited the repeal of the Charter, the promise of
Charles the First to restore the same, &c. This charter was
made for restoring the rights granted under the former
Charter, and for the further better settling and planting
the country with trade and inhabitants. A lapse of
forty nine years, and a change of circumstances, made
it necessary that there should be some differences
between the clauses in the Charter of 1615 and that of
1662 ; and those differences were sufficient to show that
the Charter of Charles 'was framed with considerable
care and attention. In the Charter of James there was
no mention of the Companies ; but the City, acting under
that Charter, had made conveyances to the Companies,
and levied money for the general plantation ; and the in-
tention of the Charter of Charles was to restore the Trials So-
ciety and the Companies of the City to their former rights ;
and after making all allowances for the difficulties which
occurred, the Charter of Charles appeared to him to be the
resur ation of the Charter of James. They were alike in
their general purview, in their object, and the means adopted
to carry them into effect. Under the new Charter a new
conveyance was made to the Companies, and the Irish So-
ciety had ever since continued in possession of the lands,
ferries, and fishery, and received and applied the rents to
its own purpose. It had stated from time to time
supplies to be in its hands, and had paid those sums to
the twelve Companies, in equal shares. On one occa-
sion, when money was wanted, the Society applied not
to the city of London for further levies, but to the Com-
panies for voluntary contributions ; and on another occa-
sion, when it was necessary to make a statement respecting
the timber, it stated itself to be seised of the fisheries, &c.,
in trust for the Companies of the city. The Society had
on other occasions stated themselves to be trustees for the
Companies ; and there was an instance of their refusing
to render any account to the City, and stating themselves
to be only accountable to the twelve chief Companies of
London. It did not appear to his Lordship necessary to
pursue further the history and conduct of the transac-
tions of the Society. The Society had vested in
them, under the early charter, very considerable property,
in which they had not collectively or individually, as mem-
bers of the Society, any beneficial interest ; and they
were vested with great power, and had duties to perform
iu a sense, therefore, they were trustees. The powers
possessed by the Society, as well as the duties with which
it was charged, had all of them reference to the plantation.
dnidviduals partly
it private.
imposed
V olrile]
n Now the objects of the plantation were of a nature partly
y the
conditions Crown
etr public and
treated only politicalwithin and
which were annexed to the enjoyment of the property be-
stowed, and the right of the Crown to enforce the condi-
tion constituted the security to him for the objects con-
templated ; but when it treated with the City of London.
the case seemed to have been different ; it was a
grant of powers and privileges which could not be bestowed
or individual undertakers. The objects were such as af-
fected the general welfare of Ireland, and the whole realm.
These were the objects of the Crown. Such as affected
the general welfare of the City of Londott might be con-
s tiered as the objects of the City. The Society emanated
from the City, and after its incorporation by the Crown
appeared only to have been the representative of the City
for the purpose of the plantation. The City had con-
tracted for the performance of the duties, and it was at
their instance that the Society-was invested with the pro-
perty. The . mistaken views which the Society
might have taken of its own situation and duties,
(lid not vary the conclusions to be deduced
from the Charter, and the circumstances contemporary to
the grant of the first Charter. The duty to be performed
regarded the Crown and the City ; and, through the Com-
pany, long after the date of: the first Charter, the
City exercised great power, not only over the Society, but
over the Companies ; and the city, in its corporate charac-
ter, had no beneficial interest. The money it had advanced
was repaid, and its power was like that of the Society—an
entrusted power for the objects of the plantation. After
a large part of the territory granted had been conveyed to
the Company, much remained to be done for the ge-
neral purposes of the plantation, and that could not
-be done without expense. At the time when the
power of the City to raise taxation was not disputed, it
might not have been thought necessary to reserve any
part of the money, and it was reported in 1630 that the
profits of the undivided hereditaments might be shared
among the Companies. But in 1662, when the charter
of Charles was granted, and the power to levy money was
no longer claimed, it was recited that the undivided pro-
perty was retained to defray the general expenses of the
plantation. It was char that the general operations
of the plantations were not completed when the
distribution of lands was made to the Companies.
It was strongly urged in the argument that the
operations, though not then completed, were long
since completed ; and iniconsequence, that the Society be-
came mere trustees for the Companies ; but he did not
think this Court had the jurisdiction to determine the ques-
tion, whether the general operation of the plantation had
been completed or not ; and if it had such power, there
did not appear to be any satisfactory evidence on
the subject. After having considered the charter, SzFo
he was of opinion that the power granted to the
Society, and the trusts reposed in them, were in part of
a general and public nature, independent of the pri-
vate benefit of the Companies of London, and were
intended to benefit Ireland and the City of Lon-
don by connecting the city of Londonderry and
the town of Coleraine with the city of London.
The Charter of Charles the Second expressly re-
cited that the property not actually divided was re-
tained for the general purpose of the plantation ; and,
considering that the powers given to the Irish Society were of
a general and public or political nature, that the property was
vested towards such general purposes, and that the Compa-
nies were • • entitleo to any surplus after such purposes were
answered, he did not think the Court. could exercise the
power of determining on the expenditure to be made. On
the whole, his Lordship
with costs as against the Irish Society, the City of London,
and the Attorney-General ; without costs, as against the
other parties.

The delivery of the judgment in this case occupied his
Lordship nearly an hour and a half.

state, that the defendant set up a plea of justification, sup-
ported by three witnesses, that the plaintiff gave provoca-
tion by a prior assault, and by abusive language.
The verdict was for defendant.
The plaintiff now moved the Court in person for a rule
nisi for a new trial. He said, "My Lords, 1 had the mis-
fortune to be plaintiff in this case. I intended to plead
my own cause at the trial ; but unfortunately I put it into
the hands of counsel, and the verdict was for defendant.—
( A laugh.) Witnesses were produced on the part of defen-
dant, who swore that I used language so disgusting that
had I used it I should have deserved to be kicked out of
society. My Lord, I put into my brief two letters,
which passed between myself and defendant a
few days after the transaction, which if they had
been read at the trial would have set me right, for the let-
ter from the defendant does not allege any of that bad lan-
guage which the witnesses—all dependents of his—swore
to before the Jury ; but the letters were not read.
The COURT—That was matter of observation perhaps
to the Jury. It was no proof. We cannot say the three
witnesses were perjured, because in a certain letter defen-
dant does not state what they afterwards swore to.
Plaintiff—The defendant's witnesses also swore to an
assault on my part. My Lord, 1 know the I.iw of assault
perfectly welt —(A laugh.) I have been in the profession
twenty-eight years, and I ought to know it ; and I Should
have been mad to attempt a prior assault. I subpoenaed
a surgeon, to state the injury I received from the assault,
but he refused to attend un ess I gave him two guineas.
I give him one ! and he did not come till the trial was over.
Then, my Lord, the defendant's witnesses all differ as to
the exact language used by me. I can't complain of what
the Learned Judge said of that language. for it was truly
disgusting ; but if I had been upon the bench—(Loud
laughter)
—I should have commented upon their discre-
pancies.

COURT—We cannot take the matter out of the hands of
the Jury, who have found their verdict upon it, and whom,
you, must know, if you have been in the profession twer.ty-
eight years, the law constitute sole judges in such cases.

QUEEN'S BENCH.--THIS DAY.

Nothing of any importance whatever.

ATTEMPTED ASSASSINATION OF

THR DUKE OF NORMANDY.

UNION-I-IAL L.—(THIS DAY)
Desires _Rousselle, the man suspected of having made the
attempt npon the' life of the Duke of Normandy on Friday
night, was brought up to this office by a strong party of the
P division of police, by whom his apprehension had been ef-
fected on Saturday night, at Camberwell. The prisoner is a
man about five feet eight inches in height, with prominent
features and dark piercing eyes. He was dressed in a dark
green Salamanca coat, black waistcoat and trowsers, and Wel-
lington boots. When he was taken into custody he was con-
veyed to the station-house on Camberwell-green, and affected
much astonishment at the cause of his apprehension. He
speaks a little English, but during the whole time he was in
the station-house be maintained perfect silence on the subject
of the attempted assassination of the Dake of Normandy ;
and, indeed, scarcely opened his lips during the period of his
incarceration.

At half-past one o'clock the prisoner was placed at the bar
,andcuffed.

Monsieur Gouan de la Barre was the first witness examined.
He stated that he and the Duke of Normandy, and Monsieur
La Placci, were together at No. 21, Clarence-place, on
Friday night, and that the Duke having occasion to go to the
water-closet, left the room with a candle in his hand. Soon
after he was gone they heard a loud report of fire-arms, and
on going to the garden they found the Duke lying on the
ground, close to the water-closet; he exclaimed that he was
wounded, and pointed to the end of the garden, saying that
the assassin had escaped from that place. On examining the
garden, found a plank laid across the ditch, which had not
been there before, and which, there was no douht, was placed
to give ingress and egress to the assassin. When the Duke
was taken into the house, it was found that he was wounded
with a pistol bullet in the left arm, and that the left breast of
his coat was all torn away, evidently by the force of the ball.
Medical assistance being procured, a bullet was extracted from
the Duke's arm, where he had been wounded.

Mr. JEREMY—How do you connect the prisoner with this
affair? Witness—The prisoner called at the house on Wed-
nesday afternoon, and had inquired for the Duke of Nor-
mandy. In his interview- with that personage said that he
was a blacksmith from Brittany; that he had been condemned
in 1834 for taking a leading part in the affair of the Duchess
of Berri; that he had made his escape to Switzerland, and
that being tired of that place he had come over to this country,
and wanted assistance. He was then asked for his papers,
but he said that they were at the Custom-house; and when
further pressed, said that being an exile he could not return to
get them. The prisoner called at the house twice afterwards,
and the Duke having had an opportunity of seeing him, stated
after he had been shot that the accused was the man who had
made the attempt.

The investigation was still-going on when our Reporter left.

LLOYD'S SHIPPING.-(THIS DAY.)

RiDveErAaLn,dNporvo.cele7.de—d,lNind S .E
the Amy n;S.em
Stockdale,
—a e down
Gater, from the
for Africa;
18th, Wind E. S. E., blowing strong, with rain, and thick
weather. Arrived and proceeded the Vcnilia, from Shields
to Trieste.
PORTSMOUTH, Nov. 17.—Wind, E. S. E., fine • 18, Wind
E. N. F,,, squally, with rain, fresh breezes.—Arrived the Aux-
flier, Nicholson, from Quebec in 45 days, for Lynn. On the
3d inst, lat. 48. 45., long. experienced a severe gale atW. N. W.,
lost one man overboard, and part of deck load, bulwarks, &c.,
carried away. On the Bth inst. in lat. 49. 30. long. 8. 24.,
spoke the brig Bellona, of Glasgow, from Milford, three days
out; the Dorothea, Watts, from Rotterdam for Monte Video,
and proceeded for Cowes.
PLYMOUTH, Nov. 17.—Wind E,—Arrived tho Elizabeth,
Lawson, from Venice; Lady Rebow, Blyth, from Lisbon.
Sailed the William and Robert, Munden, for Newfoundland.
PLyntoura, Nov. 16.—Wind variable, light airs, and fine.
17.—Wind E. to E. S. E., strong brestes, with rain--Arrived
the Catherine Charlotte, Leto, from Finland. Sailed the
pPaetteraresl; (packet), for Havannah, Belize, and Mexico ; Tyrian
(packet), for the West Indies : Redcliff, Vivian, for Malta.
LIYERPOOI„ Nov. 17.—Wind variable and light. 18
Wind E .
Lucy,S. E . ,
\fvreasihi
a. c—c
,A fresh.—Arrived vrrei ds
tthe
pe
ter b Arcturus,urah . Oliver,sailedfrtohme
Honduras ; Sarah Maria, from Zante : Jasper, Williams, from
Fenella, Wakchatn, for Gibraltar ; Scotland, Black, for
Charleston; Carolina Augusta, Bassett,for New York; Wil-
liam Gray, Gray, for Oporto; Lord Nelson, Quinton, for
Lisbon : Susannah Collings, Crabb, for Constantinople ;
Rowena, Read, for Baltimore ; Alert, Mould, for St.
Michael's ; Palinurus, Normein, for Jamaica ; Julius Cmsar,
Mitchell, for Apalachicola; Dash, Huntress, for Gibraltar;
Hindon, M‘Gill, for Calcutta; Firefly, Easher, for Constan-
tinople; Countess Lonsdale, Miller, for Havannah ; Trinculo,
Rea,- for Singapore ; Warrior, Williams. for Leghorn.
SHEERNESS, Nov. 18.—Off port, the Treaty, Eleanor, from
Adolphus, Croft,
Re
St. Pctersburgh.
MILFORD, Nov. 17.—Arrived the Julia, We man from
from Memel.
hfruosm, Halli
D a ntz i c
WATERFORD,;Uei°e'NPorv°.scel6r'.—Arrived the Liberator, Angel ;
Rapid, Miller ; arid Queen Victoria, from London.
CORK, Nov. 16 _Arrived the Sirius, (steamer,) and Fa-
vorite, Silk, from Lonchp.
aln7:—SwWt7islholiena:mis,
JDofrnad)rmaltely,s,
at(enstdttienaAm;
Arrived the Britannia, Le G I -
cheur, from Rostock ; Albertina, from Memel ; Hero, Pa_
Leda, Chapman, from Newcastle, was
burighhlL;l"WNooo,vlm.
res ey,
—htßesolution,T into
h e
thisA
ie xyS
port,alen i
and
h,
af
vr
Varna,
having
Memelbeenfrom f at
si to
te.n Bridling.
Peters-
burghi
n with
ceNC;;:tb,variro:2ege's Coket," was washed on shore at
fromrbruo jeimlclE
A,R
St.ssflEtry o;
JERSEY,
cm,
pi:
cieN.
tt Rica;ecrr irrsls.—Arrived
:7:
..
wrecked on the Shipwash Sand, yesterday ; crew saved.
port, is stranded on the island of Wrangel.
btGoo nutDit,ezolrEAmna:stsATeu,
Lb:pte:ih. i s
Nov. 16.—A boat marked " Juliana, of
FOLKESTONE,
Dunge-
ness on the 14th inst.

SHEERNESS, Nov. 17.—The Ann Palmer, from Berwick to
London, which was-on shore on the Noreid, has been got
off and brought I,lto this harbour.
HARWICH, Nov. 18. —The Rochester Castle, Short, from
81)th to Ipswich, has been on shore on the Platters, but pro-
ceeded.

WHITBY, Nov. 16.—The Highlander, Sparrow, arrived
here from Quebec, with loss of bulwarks, part of deck-
load, &c. The Wrestler, Argent, arrived here, from Liver.
pool, for Lynn, with loss of chain-plates, part of bulwarks,
&c , having been in contact with a vessel.
CUXIIAVEN, Nov. I4.—The Coundon, from Stockton to
Hamburg, grounded on Scharborn Reef on the 13th inst.,
and was assisted off after discharging part of her cargo (coals)
into lighters, and proceeded.
YARMOUTH, NOV. 18 Wind S.W.—The Wharfinger,
Buck, from Dublin to London, which was on shorein the
mud in Lyminton River, was got off, after discharging part of
her cargo.

port very leak
The Reed, Ayton, from St. Petersburg.h, put into Baltic
The. Dorothea, Watson, from Rotterdam, put into Cowes,
Y ; cargo shifted ; bound to Hull.
after being on shore ; bound to Monte Video.
The Sir 11. Douglas, from Onega to London, is wrecked
on the coast of Lapland; crew saved.
The Ocean, Bamfield, from Sunderland to London, was
wrecked in the middle S win, yesterday, crew saved.

THE EARL OF DURHAM.—It has been currently
reported in the north, that Lord Durham, on his return
from Canada, will put himself at the head of the genuine
Reformers of England, and declare his adherence to House-
hold Suffrage, Vote by Ballot, and Triennial Parliaments.
Hull Paper.
In consequence of an arrangement recently made
between the Post office Administration of the Prince of
Tour and Taxis and that of Sweden and Norway, letters
from France and French possessions may now be sent to
Sweden and Norway post paid or not, at the option of the
sender ; but in the former case they can be paid only as far
as litinburgh.—"Gakinani's Messenger.

COMMON PLEAS.-(THIS DAY.)

ROBARTS V. LEMON.
This was an action for assault, tried. on Saturday before
Mr. Justice Parke, the particulars of which were reported
in The Sun of Oat day. It will only tie necessary to re-