The Sun.
London, England, 1823-10-27 00:00:00

COURT OP KTNar'S BENCH, OUT. I&
TIE COEPORATION or LONDON v. BLYTH TIIF: YOUNGER.
This way a writ of inquiry to assess damages on the bond
given by the defendant, an oil-broker, to the Corporation of
the city, in the penalty of 1,01)01„ conditioned in the customary
form, that he would not be guilty of fraud, or conceal the name
of his principals, or traffic in oil for his own benefit. On these
stipulations, breaches were assigned, and on these, judgment
having been suffered by default, the jury were now to estimate
the amount of damages.
Mr. SOLICITOR-GANZEL (with whom were the • RE-
connua, the Coustox-SEttoRANT, and Mr. HOLLAND)
detailed the case to the Jury.. The Lord Mayor and Corpo-
ratio" of London, he admitted, had sustained no damage by
the misconduct of which Mr. Blyth had been guilty, but they
were trustees fur the public, and felt it their imperious duty
to bring the present action, in .order to protect the commercial.
interests of which they were the guardians. By the wise re-
gulations of the city, every Ilhoirallowed to act as broker was
compelled to enter into a bond that he would always, when re-
quired, disclose the name of his -principal, and that lie would not
trade on his own account ; and these conditions the defendant
had unquestionably broken. fie entered into a contract with a
gentleman named Flockton to sell him a quantity of oil, who
finding the oil did not correspond with the sample, demanded of
Mr. Blyth the name of the vender, which he peremptorily re-
fused to give. When Mr. Myth was compelled to exhibit his
books, he showed the name of " Mrs. Jane Mattison, Appleby,
iVestmorland," as the party for Whom he acted, but that lady
would be called, who would distinctly prove that she had no
concern whatever with the officer; and, indeed, no doubt would
be left on the minds of any one that the oil was the defend-
ant's own property, and that he bad made use of his situation
to commit a fraud on Mr. Flocliton. • lie afterwards arrested
Mr. Elocton for the price of the oil; that gentleman applied
to Messrs. Sweet and Stokes for their advice, who told him
that Ulu: could prove his statement, he might successfully
defend the action, but judiciously neoinntended hint rather
to pay the money, titan to run the hazard of a suit. He after_
wards petitioned. the Court of Aldermen, when Mr. Myth
thought proper to aggravate his cffenee by a most absurd and
abusive paper, which would be read in evidence.

.
Mr. ScauLt7.l"r suggeased that it was unfair to aggravate
the case by alluding to this paper, which formed no part of it.
The Lord CutEr-JusTwit replied, that the facts as stated
neadedrio aggravation.

The SoLia-ITOU-GENEWAL then shortly recapitulated the
chief points of the charge, and called upon the Jury to give
such damages as would prevent the wholesome regulations of
the city front degenerating into idle forms.
The bond was then put in, and the condition read.
Mr. Flockton proved that the defendant, on `Change, on the
Bth of last November, proposed to sell to him some superior
oil, at 231. per tor., and on the Monday following came on horse.
hack to his house, and without leaving liis horse, chewed him two
samples, which appeared the finest oil he ever saw. Mr. Flock_
ton agreed to take ten tuns the next morning, and on the fol-
lowing day signed a contract for the oil, which the defendant
stated had coma by the ships Lugitania and Surrey, The next day he sent his nephew to inspect the bulk, and in
consequence
of his report, went with Hr. Daniel Hawkins to the defendant
on 'Change, and demanded the name of his principal. This
Air. Illyth, with ten oath, refused to give. Ile was afterwards
arrested by Illyth, and by the advice otAiessrs. Sweet, Stokes,
and Carr, paid the money rather than submit to an action.
The wetness was cross-examined at considerable R length by Mr. SCALETT but no material circumstancs Will elicited.
He stated that lir. Myth was a man of 27 or 211 years of age,
and admitted that tho arrest had made :him angry. In the
course of the cross-examination, Mr. & Mott applied the words
"T do not believe it" to an answer of thee witness.
The LOUD Ciimr JUSTICZ Olkierlw*.thatettrh • ftll.
rrtirrn .
'on Which Mi. 'Scarlett explained
i a conversation dropped.
tt:l4lll:tuarCehm::Ale:rYtcsoli,s34,Pilibetelrilnot believe thewitness meant to re-
ply Thomas Barrow, the nephew of Mr. flockton, stated that
he was
his irtirseisnesnpt wheneetedlti eh L'llltda
kleinnlklnat biegrloe"isglWhe n
harfa,aan' ild',llll and
part of it at a profit, before he inspeted it, but afterwards ad.
vised his uncle to refuse it on account of its inferior quality.
It had been chilled by the weather.
Mr. Daniel Hawkins stated, that he was present when Mr.
Flockton demanded and Mr. Blyth refused the name of the
principal. lie afterwards proposed a compromise to 111 th,
without Flockton's authority, but Blyth insisted on proceeding
with the action.

' Mr. William Jones, of Upper Thames-street, proved that in
September last year, oil imported by the Surrey and Lou.i
tania was, deposited at Mangle's Wharf. It was of inferior
quality, being of bad colour; and at first none was bought,
but afterwards a quantity was disposed of through the agency
of Mr. Blyth. The witness's firm bought six lots, and Myth
botight the inferior part of the purchase, amounting to IS tons,
and afterwards 5 tons at 1131. He refused to give the name of
his principal, except as to one lot, all icb he paid for, and cleared
in the name of rlotekton.
Mr. James Kidd, wharfinger, transferred the oils to Mr.
Flockton's name by Mr. Blyth's directions.
Mr. Woodthorpe stated, that when Mr. Blyth was ordered
to produce his book before the Court of Aldermen, he shared
the name of "Mrs. Jane Mattison," and said she was a lady
residing at Dowgate, in Appleby. Mr. Newman, the Solicitor
for the City, was also present,, and corroborated the statement
of the last witness.
Mrs. Jane Mattison, an elderly lady, who lives at Appleby,
but not in Dowgate, stated that she bad lined in Lord Thariet's
family; she knew nothing of Mr. Blyth, or of the oil, and
never heard the name of the Lusitania or the Surrey.
Mr. John Ewin stated that he had made inquiry at Appleby,
and could find no other Mrs. Alattison than the lady who had
been produced in Court.
The Deputy Filacer produced Mr. Blyth's affidavit of debt,
on which Mr. Floekton was arrested.
The paper alluded to by the SOLTCtIQR.O743ZRAL was
then read. It was written in a very florid style, full of boast-
ing of the writer's merits, and of invective against Mr. Fleck-
ton. It excited considerable laughter in the Court.
Mr. SCARLITT, for the defendant, entreated the Jury to
cut out of their consideration the very absurd and censur.
able paper which they had heard; which had been written
unadvisedly, and formed no part of the merits of the cause.
Ills client had undoubtedly violated the condition of hitt
bond, is ?easing to discitise the. name of his principal t
but no tread was proved against him. If Mr. Flockton
had sustained any damage by the contract, he who was evi-
dently not disposed to soften the case, would scarcely have
suppressed the circumstance, nor would his attornies have al.
lowed him to remain contented with hie loss. It might be
wrong for a broker to agree with a principal to do business for
him on the terms that his name should be concealed ; but if
that agreement was once made, it was more honourable to fulfil
than to break it. if any person was aggrieved it was Mr,
FiGektOn; the Lord Mayor anti Aldermen had sustained no
injury; and the Jury would hesitate before they filled the
Coffers of the city by the defendant's ruin. He was a young
man who had acted Imprudently anti irregularly, but not frau.
dulently, and towards whom he trusted they would deal out
justice in mercy.
The Loup (ABET JVIIIICR said the-Corporation had, in
hip judgment, acted most properly in suing, not only the prin.
cipal, but the sureties, because they would thus infuse a Wu.
titorns
theirfuyeariedtlt. it a wise regulation that no brokershe minds of those who might be temptedto aban.
t
should make contracts fur his own benefit, and also that he
should be obliged to dieclose the name of the party for whomhe acted, and these conditions the defendants Lad clearly
broken. This proceeding moo tae considered rather in the
light of a pumehment than a- corapensetion ; and the Jury
would say to what extent they thought th 4 defendant ought to
suffer as an example to others,
The Jury, after a blunt deliboatione assessed the (Images
at 55101.
The two next causes in the list were actions against the
thess
idea
ht oae
, .neeng informed by the Lord
, •
dsuarmetaigeses of
on ilr• Blyth on similar auntie The Jury asses eel the
-
.d ischarge the others.
Chief Justice that the sum could only be once levied, and pay_
ment of 5001. by either party would
The Court rose the unesuallY tarly time of a Twee:
before three. i 4 y
Johnson et.

r
iohnion, orne.r, is now travel.
the notorious ill
.mg tho country, laying information* agairna person, dealinoin
articles which require a stamp litvnse, who bare neglected to
take out the same. On Monday he informed against six tratios-
men of Bath, for sellin,* nit,diciacs without u license, and on
Friday ha was seen at Dcviz

(LITTLE IL),
TO THE EDITOU OB ruw. OLAsGOir•CLIRONICLE.Sint— .Iu •
pureeing the object of thefts NUM,
agreeably to the method proposed in my last, 1 am now to
prow: that it is vain and hopeless ever to expect intelligences
virtue, or happiness from the Old System of society, however
various the modifications which it has assumed in differentages
and countries ; and, In the next place, to demonstrate that the
system of which the principles have been developed in the pre-
ceding letter, is alone capable of conferring upon the human
race real and permanent happiness.
A system by which this result is to be obtained and secured,
must comprehend an arrangement of circumstances, that shall
cultivate to the utterninst the physical and mental powers of
each individual, and direct their application in the most bene-
ficial manner for himself and for society ; that shall enable the
aggregate of the species to create, by means the most advan-
tageous to all, the greatest amount of the most valuable pro.
ducts; that shall effect the preservation and dietribuilon of'
these productions to the greatest benefit of every portion of the
human race ; and lastly, that shall draw forth the kindest and
most benevolent feelings of our nature, and ensure to every one
the best habits and conduct through life.
Has any one of the endless ramifications of that system, under
which men have hitherto been compelled to act, produced in fact
all or any of these resalts ? We need only appeal to the history
of the past ages of the world for distinct and unequivocal evi-
dence, that under each and all of these forms of society, error,
sin, and misery, have uniformly been generated and per-
petuated.
And the evidence of our tenses informs us, that error, sin,
and misery, are the results of each and all of Olean even at this
hour.
The great mass of mankind acknowledge this truth._.,Fnr, if
we ask of the inhabitants of Christendom, whether the remainder
of the world is not now overwhelmed with error, sin, and
misery, they would readily answer, " YOU ; no rational being
can doubt it."
If the same queetion be pat to the inhabitants of those
countries in which the doctrines of 14lahomet are tauelit th
e
answer will be the same.
Or, if we put the question to those extensive tribes who have
derived their peculiar tenets from the Shaeter—the reply will
be Similar.
Were we afterwards to pass to the extremities of Asia ; and
address the same inquiry to the countless millions who have
been made to receive the supposed wise sayings of Fe and Con-
fucius, the answer would still be to the same import.
And were the question put to the Hebrew nation, who are
now scattered over the face of the earth, their reply would
he :—" Yes ; is all these countries error, sin and misery, su-
perabound."
And each would answer correctly. But while men shall be
taught, es they have hitherto been, in all parts of the world,
they will remain unable to give any rational opinion re-
specting themselves; and it would therefore be useless to
ask it.
The truth is then : that of all the various modifications of
the old system, of which we know any thing, not one has ever
succeeded, or does at present succeed, in making men either
wise, or virtuous, or happy.
It may be said that, although this fact cannot be denied, yet
some of them will, at some future time, obtain and secure, for
its followers, the long wished for results.
To those, however, who have reflected on this important
silt:Jean—it must be onvioes that Knelt a cnnsummation
is impossible, until a principle of union, competent to pro.
duce peace and good-will among all, be discovered and acted
upon.
Does the old system of Society contain any such principle P
Hitherto human nature has known but one system, in what-
ever variety of forms it may have exhibited itself. All its in-
stitutions have the same origin and basis. They are founded
on notions derived from the early ages of inexperience, when
man, in the infancy of his creation, had no means of estimating
either their truth or their effects. Tliey all presuppose " that
man forms himself to be what he is ; that he can of himself I
modify, and even change his nature, and that, if he does not
make himself to be according to some particular model, exist.
ing In the minds of some particular individuals, belongiag to
some particular district, he is to be Warn .11 and punished, both
here end hereafter; while those who are enabled, by the in.
thence of certain motives, acting upon their peculiar individual
constitutions, to conform to such a model, however imperfect
it may be, are to be held exclusively deserving of praise and
reward, both here and hereafter."
Now, to imagine that any system, which teaches man to find
fault and to be angry with, to blame anti to punish his neigh-
bour, and which thus creates anti sanctions competition and op-
epaorstiitii,oni,sctaon
is,veerne(antalebslsishvitsliioenraerigyttiit:afnpeatoceexapreltgothoutat-wwiellsuhial,
some time or other, gather grapes from thorns, anti figs troll).
thistles.
Yet the univeral prevalence of peace and good will must as-
cetearily precede any general union among mankind. Aid it
is by union alone that society can form any effective arrange-
ments, to draw forth all the valuable powers of each individual,
or to obtain the productions of the earth, and of manufactures,
with the least human labour, and the fewest sacrifice of health
and comfort, or to preserve and distribute these productions by
means the most beneficial for the individual and for society. Nor
without union will it be possible to cultivate in each individual
the kindest anti most benevolent feelings of his nature, and to
give him the best conduct through life.
Conduct is the result of feeling. and opinions. If, there.
fore, the feelings and opinions which a system inculcates are
irrational and inconsistent, then will irratmeality and incon-
sistency characterize the conduct of those who ars subjected to
its iniluence.
Now the old system of society is both irrational and incon-
eiatent. . For, let me ask, can a system be rational or consis-
tent, or can it produce intelligence, virtue, and happiness,
which impresses on the young titan the belief that he is created
by a superior power, and that he cannot do any thing of himself;
and yet that if he does not do is great many things of himself,
he does wrong, and is to be blamed anti punished here, anti
rendered miserable by this fear that lie is to be eternally punished
hereafter ?
Can a system be rational, which impresses on the infant
mind, the notion that a Being, infinitely good, wise, and power.
ful, and who has created whatever exists, has created twinge
who can think and act contrary to his will and wishes ?
Can a system be rational, that impresses on the infant mind,
which by its nature can be made to receive almost any impres-
sion, the notion that the same all-wise, powerful anti good
Being, who knew all things from the beginning, should create
a single
existence that weld, by possibility, be miserable through
all eternity ?
. Car, a system be rational, which, in like manner, forces on
the young mind the notion that a Ming with such attributes
should, knowing what he was about to do, give existence to
another being, endowed with faculties and energies fitted to
counteract his benevolent intentions, and thus Create an Eternal
Power for the production of sin, crime, and misery P
Car, a system be rational, which inculcates the notion that
huninn beings, in every part of the world, are Made to be what
they are, physically, mentally, and morally, by some cause,
indepentleat of that which created their original nature, and de.
termines the particular circumstances in which they shall sub-
sequently be placed ?
be which impresses on the infant mind
wt thich itiatr
em systemet:
evidently
rational,s
Etftfe rnnaatlu 7:3
ww lodfc
kb: t
enrenvale r
.Power,cliang change,
ought
to be resisted and opposed by human laws ?
Can * system be rational,- which makes it sin to act ace
cording to the laws of nature and of tion, and virtue to act
etecording to human laws, in opposition to the eternal laws of
nature ?

Can a system he rational, which continually preaches peace,
end continually practises war ?
Can a system be rational, of which the professed object
is to create union; and to cherish the kindest dispositions
of our nature, while, in practice it Wads to universal ths.
union, and stirs up the worst feelings among the whole hu.
man race io
Such, however, is the system, which has clone governed
the world through all the past ages of human existence,
as far as the history of man has been tranianitted to us—a
system which has thus been proved to be irrational in prin.
ciple, to be injurious in practice, and to be incapable, if it
were continued to all eternity, of producing any other results,