The Sun.
London, England, 1824-01-15 00:00:00

THE STACKPOOLE CASK

1

PARIS, JAN. 10.—M. TRIPIER was heard in
defence of Stackpoole. He noticed the great
difference between.the judgment given by the
Irish Lord Chancellor, and that given on. the
ap-
peal, by the House of Lords of England. The
first decision, in awarding to his opening the
enormous sum of 12,497 livres, rejected the other
demands, having for their object the addition of
the interest to the principal. M. Stackpoole
would perhaps have deferred to this judgment,
however injurious it might be to his interests,
but his adversaries appealed, and the case came
before the House of Lords. Here the Advocate
pointed out as error in the English proceed-
ings, which permitted the same master of ac-
counts on the appeal who made the report
against Stackpoole. in the first instance, and.
who had acted with great partiality. By this
appeal the pretended claim of the co-inheritors
of G. Stackpoole was raised to the frightful
amount of 322,000 livres. I cannot subscribe,
continued the Advocate, to the eulogy conferred
on the Chamber of Peers of England. It is,.
without doubt, as a political body, entitled to.
the highest consideraiion ; but in its judicial ca-
pacity, its authority is infinitely less imposing
than that of our sovereign Courts ; for the Eng-
lish Chamber of Peers contains but few lawyers,.
and many of them were influenced by feelings of
personal resentment to M. Stackpoole. He can..
not, therefore, be reproached for withdrawing
from the execution of a 'decree which he con-
sidered as essentially unjust. 'He repaired to
France, and obtained from the goodness of his
Majesty letters of naturalization and the title of
Count. He is thencefOrth a Frenchman, and,
like all citizens, has a right to the protection of
French laws. We are led to believe by the
words (rather eq uivoca 0' of the 121st article
of the. Ordinance of 1669, that there is no
ground for a revision, except whera the de-
cree had been made against a Frenchman.
The celebrated Aguesseau has opposed this doc-
trine, and has thus expressed himself:—"All the
laws which have been made respecting judgments
given in foreign countries, which are to be exe-
cuted in this kingdom, are founded upon a gene-
ral and self-evident principle—that whatever
may be the extent of a Sovereign's power in his
own States, he has none abiiad, or in countries
subject to another ruler." It is true, that when
it is (he reciproCal interest of Sovereigns,, this
rule may be dispensed with by mutual consent.
Upon this principle, the Courts of Colmar, of
Poitiers, and Toulouse, have refused the execu-
tion of foreign judgments in "France: the Royal
Court of Paris has also refused to execute thW
judgment of the American Court of Beston, ins
the case of Holker and Parquer. This decree
was confirmed by the Court of A ppeal in a manner'
which proves that the principle laid doWu.
was admitted by them without any exception."
In conclusion, N. ,Tripier expressed a wish that
the Tribunal would not pronounce upon the ad-
ministration which G. Stackpoole had of the pro-
perty of his uncle, except with a perfect know-
ledge of the cause ; and that it would require
from the parties more 'preCise explanations thaa".
those which had been ,offered, and Which were
still far from the question of right. The cause
is postponed for a week, to await the answer' of
M. ihein, who defends the other heirs, hay"-
ing the sanp:l claims' with those of the clients of
M. Hennequin.

Sir
;31 ASTLEY COOPER, in a letter to a Medical
Gentleman of Carlisle, expresses a decided opinion. that an
operation should have been, or be, performed on Dempster.
There is a precedent on the books of the faculty. A Prussian
boor accidentally swallowed a knife of larger dimensions than
that in the stomach of Dempster; an operation was performed,
the knife taken out, and the; patient was well less than a
fortnight. The Kendal statement, that the sufferer is on his
way to Sir Astley is not quite correct we believe ; his intention,
it was. understood, before he quitted Carlisle, is to proceed to
the residence of his mother in London; but it is probable that
he will ultimately apply at one of the great hospitals.—(
Carlisle
Patriot.)

ETEOR °LOGI CA L JOURNAL
BY It. BANKS.

PIIILOY,OppICAL M.4f:CR

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BIRTHS.

IL B.

DIRTH,EXTRA.ORDINATIX.—On Saturdoy night, the wife
of a man named Thomas. Butler, servant to Michael Hamer—
ton, Esq., was safely delivered, in New-street, Clonmel, of
three, children, two boys and a girl, the latter of whom did not
long survive her birth ; but the two boys, as well as the
mother, are likely to do well.
Yesterday, Mrs. R. L. Chance, of Highgate, of a son.