The Sun.
London, England, 1840-11-10 00:00:00

THE SCOTTISH AND AMERICAN

LAW REGARDING ALIENS.

(Extract of a letter, dated New Orleans, Sept. 12.)
A case has recently been decided here by Judge Ber-
mudez, of the Probate Court, of this city, involving
an important principle respecting the rights of aliens
in this country. The paint of law arose in the settle-
ment of the estate of Alexander Milne, recently de-
ceased, who left an immense property to be distributed
in accordance with the directions of his last will.
Among other testamentary dispositions was a legacy of
100,000 dollars to the city of Fochabers, in Scotland,
the birth-place of the testator. An app!ication to the
Court of Probate for tho bequest was made in due form
by the Duke of Richmond, to whom, it seems, the city of
Fochabers belongs. His Grace, at least, is the feudal
lord of the Corporation, and claims the legacy for his
own. To this application the heirs and other legatees
of Milne made strcnuous opposition. The chief objec-
tion to the right of the Duke and the city of Fochabers
to receive the legacy was that they were aliens or
strangers in the country, and, therefore, incapable of re-
ceiving a bequest of the kind left by the last will of the
deceased. A law on which the opponents relied is con-
tained in the 1,477 th article of the Louisiana code.

It declares that donations inter vivos and mortis causa
may be made in favour of a stranger when the laws
of his country do not prohibit similar dispositions from
being made in favour of a citizen of this State. On the
trial of the cause the laws of Scotland were introduced
to show what rights a citize❑ of Louisiana would have,
to whom a bequest, under similar circumstances might
be left in Scotland. Under that system of jurispru-
dence also debts, secured upon land, are considered
as heritable property, as well as rights to land,
whether of property or lite rent, which cannot there-
fore be acquired by an alien, either by purchase or
succession. The legacy left to the town of Fochabers
was to all intents and purposes what the Scottish law
describes as heritable property, being a bequest of sums
of money secured upon real estate. The deceased had
devised large legacies to charitable institutions within
the State, to be paid by preference over those left to
strangers. The payment of these, and the charges for
settling the estate had exhausted the proceeds of all the
moveable estate, the residue of assets consisting of
netes secured on real property. Thus the character of
the legacy, as a bequest of heritable property within the
purview of the Scottish law, was at once fixed beyond
question. It was clear,then,thata citizen of Louisiana could
not have received a donation of the same kind left to him in
Scotland. And as our law only allows such donations
to a stranger, when the laws of this country do not pro-
hibit similar dispositions being made its favour of a
citizen of this State, we think Judge Bermudez right in
deciding that the Duke of Richmond is incapable of re-
ceiving the legacy left to the city of Fochabers by Alex-
ander Milne. There is sound policy as well as equity
in the decision. If a citizen of the United States can-
not succeed to an inheritance in Scotland or Great
Britain, it is but just that the citizens of those countries
should be placed under the same disabilities here. Re-
ciprocity of benefits is the only rule by which rights of
the kind should be governed.

SHIPPING INTELLIGENCE.
(LLOYD'S.)

LIVERPOOL, Nov. B.—Wind S. W., moderate.—Ar.
rived the Matilda, Scott, from Lima, sailed 26th July,
with about 300,000 dollars on freight ; Adriana, Dodd,
Monte Video, sailed 2d August; James Wright, Wright,
Jamaica ; Rapido, Havannah ; St. Lawrence, Brown, New
Orleans ; William Goddard, M bile ; Magnificent, Whitty,
St. John's, New Brunswick; Frances, ditto; Constantia,
Lisbon ; Nonantum, New Orleans ; Elizabeth Bruce,
Apalachicola; and Aberdeen, Andrews, Quebec. Sailed
the John Horrocks, Bleasdale, for Batavia ; Cceur de
Lion, Kendall, Rio de Janeiro ; Pheenix, Shaw, New Or-
leans ; Martha Harrison, Halwoud, Newfoundland ; Ar-
gyle, Rattray, Port Phillip ; Columbus, Green, Pernam-
buco ; Randolph, Belton, Honduras ; Greenock, Mercer,
Hayti ; Augusta, Shute, New Orleans; Bradshaw, Mil-
roy, Charleston; Columbus, Cropper, New York ; Trusty,
Morris, Newfoundland; and Eveline, Robinson, Sierra
Leone. Off port, the Dorothea, from Cuba ; John, Que-
bec ; Britannia, ditto; and Currency, Calcutta.
FALMOUTH, Nov. 6.—Wind S. W., strong gales and
squally.—Arrived the Linnet packet, from the West In-
dies, sailed from Barbadoes 15th Sept., Tobago 16. h,
Trinidad 23d, Grenada 25th, St. Kitt's 28th, Tortola 29th,
St. Thomas Ist ult , Porto Rico 28th, and Cape Hayti
17th ; Admiral Moorsom, Metcalfe, Honduras ; Christian,
Ohesen, Monte Video; Iberia (steamer), Cooper, Gib-
raltar, left 29th ult., Cadiz 30th, Lisbon 2d inst., and
Vigo 4th. Off port Emeline Ellen, Wydeman, Port au
Prince, for Bremen. Sailed the Sea-gull packet, for
Madeira and Brazil ; Swift packet, West Indies.
OFF THE LIZARD, Nov. 7.—The Reliance, Honduras.
POOLE, Nor. 7.—Arrivedohe Reaper, Badcock, from
Quebec; Julia, Labrador.
DARTMOUTH, Nor. 7.—Arrived, the Susan, Axford,
from Labrador.

GUERNSEY, Nov. 6.—lt has blown a gale at S.W. since
yesterday.—Arrived, the Caledonia Henry, Havannah.
SWANSEA, Nov. B.—Arrived, the Torn Cringle, Simp.
son, from Cuba ; Catherine, Crsinger, ditto. 8 P.M.—lt
has blown a strong gale at S. S. W. since noon.
BRISTOL, Nov. B.—Arrived the Java, Young, from
Quebec ; Home, Miller, ditto. Sailed the Great Western,
Hoskin, New York.
JERSEY, Nov. s.—Arrived the Apollo, Vincent, from
Labrador. Sailed the Rawency, Pallot, River Gambia.
LLANELLI', Nor. s.—Arrived the Goldfinch from Que-
bec, water logged.
Goon 'ALAND, OCT. 14,—0W port the Columbus from
Li►erpool.
DOVER, Nov. B.—Off port the Wellington, Chadwick,
from New York ; Despatch, Tomlinson, Patras.
PLYMOUTH, Nov. B.—Wind W. by S., strong gales.—
Arrived the Cosmopolite, Trevassen, from Quebec.

VESSELS SPOKEN wire.—The Salamander, Rotterdam
to Batavia, out seventy-seven days, lat. 31 S, lon 20 W,
by the Hamilton, Bradbury, arrived off Margate. Sir
Colin Campbell, from Liverpool, lat. 46, lon. 12, by the
Georgetown, 011ard, arrived in the Downs. Sultana,
London to New South Wales, Sept. 25, lat. 48, lon.
22 W; Vanguard, London to Singapore, 4th ult., lat.
8 N ; Pursuit, bound to Monte Video, 6th, lat. 12 N,
lon. 23, by the Matilda, Scott, arrived at Liverpool.
Lord Hungerford, bound to the Cape of Good Hope,
Sept. 13, lat. 23 S, lon. 28 ; Martha, Sierra Leone to Cork,
21st ult., lat. 38, lon. 34; William Tell, of Whitehaven,
3d inst., lat. 38, lon. 11, by the Adriana, Dodd, arrived at
Liverpool. Annandale, Jamaica to St. John's, N. 8., 16th
ult., lat. 34, lon. 72 ; Echo, Laguna to Liverpool, 3d inst.,
lat. 49, lon. 20, by the Nonantum, arrived at Liverpool.
Maria and Grace, .31st ult., lat. 42, lon. 14, by the Judi th
Haman, arrived at Falmouth. Admiral Lake, Tron to
Marseilles, 18th ult., off Cape St. Mary's ; Reindeer, Li-
verpool to Trieste, off Cape St. Vincent, by the Galata,
Palmer, arrived at Liverpool. Oak, London to Boston,
13th ult., lat. 45, lon. 53, by the Cumberland, Blanchard,
arrived at Portsmouth. William Inglis, of London for St..
Domingo, 2,1 inst., lat. 47, lon. 9 ; Kcrswell, of Ply.
mouth, for Demerara, 4th, lat. 49, lon. 7, by the Ex-
mouth, Parker, arrived at Torbay. Crescent, Liverpool
to Marseilles, 21st ult., off Cape de Gatt, by the George
Canning, Byron, arrived at Gibraltar. E. R., C..pha-
lonia to London, 7th ult., off C Pastro, by the Min-
carto, Tregerthen, arrived at Gibraltar. Woodsto, ',. Li-
verpool to St. John's, New Brunswick, 19th ult., la. 42,
len. 50, by the Betsey, Webber, arrived at Sligo.

The house of H. and .1. Johnson and Co., %,lio
have been long known as Irish bankers and merchants,
have issued a circular to all their Correspondents, and
have made known this morning that they have for the
present felt it their duty to suspend their business and fur-
ther payments. A complicated scheme of swindling and
robbery, almost without parallel, in which several parties
are concerned, has just been detected by them, mad is the
cause of their taking this step. The extent of their loss
is at present not known, but as far as ascertained it falls
not far short of a hundred thousand pounds. Their debts
are considerable, but the house feels great confidence
that there will be sufficient to pay everybody, and some of
the property abstracted, although far short of the whole
amount, is likely to be recovered.—Evening Paper.
JAY.—In January next, it will be half a
century since the Rev. William Jay was ordained pastor
of the Congregational Church now assembling in Argyle
Chapel, Bath ; and, in the hope that he will live to sec
the fiftieth anniverary of his connexion with them, the
members of that Christian Society intend to observe the
day as one of holy jubilee. It is further proposed to evince
the high esteem in which this venerable minister is held, by
presenting to him some testimonial, the nature of which
is to be determined by his own choice. For this pur-
pose, a Committee has been formed in Bath, and
another in London, whose joint Resolutions on the
subject will be found in our advertising columns. The
etrxaordinary duration of the connexion between Mr.
Jay and his church, implies all that could be said in
testimony of his talents, his temper, and his devotedness,
and in illustration of the mutual affection between the
pastor and the flock. The popularity he has so long en-
joyed is of the most enviable kind ; it did not spoil him
when he was young, and has not deserted him now that he
is old, and having its foundation in distinguished useful-
ness more than in the display of brilliant abilities, it is
compatible with the glory due to the author of all good.
Mr. Jay's career affords a striking illustration of that es-
sential unity, and that Catholic spirit, in the existence
of which, in some degree, in all evangelical denomi-
nations, we have an earnest of the universal acknowledg-
ment of this mission of Christ. But we confess that the
most impres-,ive aspect in which the extraordinary
duration of Mr. Jay's ministry in Bath presents itself to
our mind, is as an exemplification of the moral power of
the voluntary principle. Hero we have a pastor and a
people bound together by no tics but those of love ; and
yet these have sufficed to keep together for the space of
half a century, parties who might at any moment have se-
parated from each other. Regarded in the light of this
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Kelso Chronicle.
VIENNA, OCT, 30.—The Emperor and Em-
press left Schonbrunn this afternoon, and returned to the
Palace at Vienna, for the winter. Count Mercy d'Ar-
genteau, Grand Cross, Commander and Knight of several
Orders, Privy Councillor, &c., died here last night, after
a long illness, in the ii9th year of his age. The news of
the resignation of the French Ministry, which was re-
ceived here yesterday, had little effect on 'Change.