The Sun.
London, England, 1840-11-09 00:00:00

SPIRIT of the PUBLIC JOURNALS

?EOM THE EVENING PAPERS OF SATURDAY.
(From the Standard. )
The Speech with which Louis Philippe has opened
the session of the French Chambers more than realises
the anticipations we had formed respecting it, and can-
not fail to gratify every lover of peace, not only in this
country, but throughout Europe. Should this docu-
ment produce the effect upon the French Chambers
which may be fairly anticipated from it, the King of the
French will have achieved a victory of far more impor-
tance to the interests of mankind than the greatest con-
quest that has ever been accomplished by force of arms ;
and that too under circumstances of firmness and cou-
rage which give him as legitimate a title to the cha-
racter of a hero as was ever earned in the field by
hie imperial prececessor. This great moral triumph
will, moreover, have been secured without any deroga-
tion of the dignity of France ; which is asserted by his
Majesty in terms fully befisting the occasion. Indeed,
nothing could have been conceived in better taste than
his allusion to the vexed question of Eastern affairs :
" The measures (says his Majesty) which the Emperor
of Austria, the Queen of Great Britain, the King of
Prussia, and the Emperor of Russia have taken in
concert to regulate the relations between the Sultan and
the Pacha of Egypt, have imposed serious duties upon
me. I have the dignity of our country at heart, as well
as its safety and repose. In persevering in the
moderate and conciliatory policy of which for ten
gears we have reaped the fruits, I have put
France in a condition of facing any chances which
the course of events in the East might bring about."
The reference to the extraordinary credits which had
been opened demanded an even greater degree of ad-
dress :—" I continue to hope that the peace of Europe
will not be troubled. It is necessary to the common in-
terest of Europe, to the happiness of all nations, and to
the progress 0/ civilization. I count upon you to aid me
in maintaining it, as I would count upon you if the
honour of France and the rank which she occupies among
the nations should command us to make new efforts."
This is an appeal to the reason and good policy of his
subjects, worthy the sovereign of a great and enlightened
nation. It speaks of the necessity which may arise for
the employment by France of the extensive means
which have lately been placed at her disposal only as a
remote contingency, dependent on circumstances which
are never likely to arise. If France waits to increase
her already large preparations until the necessity for
vindicating her honour from imputation shall make
such a course necessary, there is little fear of her being
called upon for any such demonstration. The natural
inference, therefore, is, that the peace of Europe is in
no danger of being disturbed.

_
(From the Globe.)
It is impossible to unite prudence with firmness bet-
ter than both are united in the speech of the King of
the French ; which appears to have met with a corre-
sponding reception. We shall not lavish encomiums,
which are apt, from foreigners, to appear fulsome ; but
we shall ask simply, what sort of figure France
would have made in the eyes of Europe, if, in the
face of events, and faits accomplis, such as are
now developed in Syria, the late Ministry had
been suffered to veil their miscalculations by sheer
swagger I If they had been suffered to put in the
mouth of their Sovereign provocations to war with
Europe, simply because the Treaty of the 15th July
had been executed without affording those causes of
war which might have arisen from it—or, at least,
which the late Ministry profiessed to anticipate might
arise from it ! Because, in short, the success of the
Powers provokingly furnished no cants belli (even on
the grounds laid down by the strongest notes of the late
Ministers), the King of the French was to make himself
their cat's-paw to provoke that extremity, sic quid detri-
menti should be suffered by the glory of M. Thiers !
Because, in fine, it appeared his Ministry had feared
events which have not been realised, and plunged
the country in expensive armaments on the im-
pulse of those fears, the Sovereign was to take
on himself the charge of justifying past alarms by,
creating future ones, for fear so much good prepa-
ration should be thrown away, and so much
laudable foresight of attacks on France, never
intended, should be shown up, in precisely their proper
light, to France and the world. The government of
journalism has sometimes its inconveniences. We
should like to see the bill made out of what mere false
alarm hes cost France.—" France. Debtor to the
Entreprise Generale des Gobemoucherics, . . To
so many able articles in the C'onstitutionne/ and Courrier
Francais —To measures ditto to match ditto—levies
armaments, fortifications.—To time and stuff, re-
daction of diplomatic notes by able Editors.—
To articles by the same Editors, pitched an octave
or two higher in tone." These are amongst the little
items of newspaper administration. It is the worst of
administrations but one, however talented may be its
chiefs, and however little they partake the delusions
1 their instruments propagate. We do M. Thiers the
1 3ustice (which is, indeed, due to his language in de-
bate) of believing that lie does not believe a word
of all his organs have been saying. When Wilkes
was presented to George the Third, the King
I asked him about Alderman Somebody—" Who 9
he !"—s 1:d the cx-p itriot—" the fellow was a
1 Wilkite, which your Majesty knows I never was."
(From the Courier.)
The Ministerial press is at length showing its teeth
more freely, and in the angry anticipation of defeat
throws off the mask, when cant and hypocrisy can no
longer avail, by flagrant proof, if not direct announce-
ment that the High Stewardship of Cambridge Univer-
sity must he treated and considered as a mere question
of party. We ourselves entertained no doubt from the
commencement that such would be the tactics ultimately
developed by the unprincipled faction, and now, there-
fore, more than ever, it becomes our duty to advise the
Conservatives to form their phalanx and fall into their
ranks, for although the election of Lord Lyndhurst is
as certain as his nomination, it concerns the honour of
every son of Alma Mater to record by his vote as well
as words that he continues to walk in the true prin-
ciples of the Constitution and the faith of " holy
mother" Church, in which brought up and cherished
there. We intend no disparagement of those honourable
and conscientious Conservatives, so many- of whom,
from considerations of private regard and college fellow.
ship have pledged their aid to the noble opponent of
Lord Lyndhurst ; era' still less would we impeach, in
the slightest degree, the sterling sincerity of that deep-
seated sentiment of religion and warm attachment for
its institutions which we are proud to learn and to
believe of Lord Lyttelton himself ; but we cannot
shut our eyes to the fact that the dry-rot must
largely invade the fabric of pretensions, the upper-
stories, it not the foundation, of which are laid with the
green and unsound materials of modern Liberalism and
infidelity—for such we hold Irons some length of expe-
rience to be the case with the modern Whiggery so
loadly evoked to his aid, and so ostentatiously paraded
in his favour. We tell the misled Conservative friends
of his, and we tell Lord Lyttelton himself, that these
are not times for feuds and conspiracies against
the commander in the citadel when the city is be-
leaguered ; and we tell them moreover that their cause,
never too hopeful, was lost from the moment that
the rabble rout of Liberalism joined, was invited, or
permitted to swell their ranks. We can conceive no
step more becoming, in the present position of this con-
test, than the withdrawal of his Lordship now, whilo
competition remains still unembittered among Conserra-
tives by the jarring feelings of partisanship, and while
all the venemous malignancy of envy, hatred, and party
malice remains exclusively with the Whigs and their
understrappers.

SHIPPING INTELLIGENCE.

(LLOYD'S.)

VESSELS SPOKEN WITH.—The Britannia, from Liver-
pool to Halifax, 24th ult., lat. 49, lon. 23 ; William,
Bahia to Cork, 2d inst., and supplied with provisions, by
the United States, arrived at Liverpool. Roxburgh
Castle, London to Madras, lat. 6 N., lon. 17 W. ; In-
dian, bound to Bombay, July 25, and Charles, bound to
Launceston, same day, by the London, Gibson, arrived
at the Cape of Good Hap°. Otterspool, Liverpool to
Calcutta, June 27 ; Martin Luther, Clyde to Port Ade-
laide, July 11; Jacobus, Amsterdam to Batavia, 31st, by
the Lerwick, arrived at the Cape of Good Hope. Meg
Lee, Leghorn to Havannab, sth ult., in the Gut of
Gibraltar, by the Lucy Sharp, arrived at Falmouth.
William Hunt, Liverpool to Pictou, 16th ult., lat. 47,
lon. 44; a steamer, bound west, 24th, lat. 50, lon. 23 ;
Roscoo, Liverpool to New York, 29th, lat. 50, lon. 11.
by the Louisa, Deaves, arrived at Cork. Chil-
mark, Glasgow to Cape of Good Hope, Sept. 24, lat.
12, lon. 23 ; Hero, Bahia to London, 6th ult., lat. 29,
lon. 34 ; 13oerhaave, from Batavia, 25th, lat. 49,
lon. 13, by the Majestic, Rowland, arrived off Cork. Ca-
roline, Robb, Ist inst., lat. 47, lon. 10, by the Charles
Kidd, arrived off Margate. John, Esdaile, Quebec to
Cork,t
49,
lon. 30. Onyx, of Grangemouth, 31st
ult., lat. on. 12, by the Eliza Ann, arrived at Cork.
lat.ts 0 ,
Isabel, Belize to Laguayra,
i 20th Aagust, off Sesol; Os-
prey, for St. Michael's, Ist inst., lat. 51, lon. 9, by the
Universe, arrived at Cork. Nancy (schooner), Johnson,
off Capo St. Vincent, by the Egbam,
arrived
the river. Austriana, Monte Video to Liver-
pool, ult., lat. 29, lon. 35; Shepherdess, Jamieson,
l o9ot lh , u Iti.,
n 14th
Mauritius to London, 17th, lat. 33, lon. 38; Richmond,
from Cape of Good Hope, 19th, lat. 36. lon. 37. ; Martha,
from Sierra Leone, sth, lat. 37, lon. 55, by the Boyne,
Richardson, arrived off Margate.

In a letter in the Chronicle on Thursday,
signed " Cotswold," it is hinted that the Crown and Go-
vernment placed themselves under obligation to Lord Car-
digan by permitting him to defray a large expense
(40,0001.) for the change of dress necessary on the conver-
sion of the 11th Dragoons into a Hussar regiment. We
have authority for stating that the regiment was changed
from dragoons to hussars upon Lord Cardigan's wish. A
small expense was incurred by the new dresses beyond
the general allowance, but only of a few hundred pounds,
which was equally divided between the Print°, as Colonel,
and Lord Cardigan. —Clifonicle.
It is Lady Fanny Elliot, the Earl and Countess
of Minto's second daughter, who is about to be married to
Lord John Russell. Her Ladyship is in her 25th year,
and the Noble Lurd i in his 49th year. Tin; day is not 1
yet fixed for their nuptials.

COURT OF 13ANIPUPTCY.

(SATURDAY.)

(Before Mr. Commissioner HOLROYB.

VAUXHALL GARDENS-IN THE MATTER OF GTE AND

HUGHES.

This was the adjourned day appointed for the bank..
rupts passing their final examination, which had been
delayed in consequence of the very laborious undertak-
ingcomplicated ac-
ecxotnesnisdievreabalendbranches of trade
eounotfs, perme
bracinga rin g theirthre e
—viz., the tea and wine trades, and Vauxhall Gardens,
each of which required the production of distinct ac-
counts.

Mr, Wryghtc, the accountant, presented the balance-
sheet, which commenced in 1831, and up to the pre-
sent time gave the following results :

Creditors —
£11,557 16 9 Debtors, good .Z 531 IS 7
Debtors holding se-
Doubtful, valued at 313 16 8
entities
35,591 1 2 Property ............... 3,165 15 4
Liabilities 2,201 is 9 Ditto, in the hands
Capital, Jan. 1, 1831 of creditors hoist.
F. Gye...£95,474 10 9 ing securities...—. 3,181 14 2
K.Hughes,64,ll3 3 6 Liabilities
89,637 14 3 Losses .................. 98,600 12 9
18,033 14 3 Drawn out,
Profits F. Gye ...•••......... 9,589 1.1 0
K. Hughes •
8,710 9 7
Balance 65 4 9

£155,0-36 S:S £155,026 s:'
The gross amount of debts and liabilititg tow owing
by the bankrupts is rather more than .10,0004, of which
about 23,000/. is secured by mortgage on Vauxhall
Gardens, nearly 10,000/. •pon the Egyptian Hall, Pic-
cadilly, so that creditors only to the amount of another
sum of 10,0001. arc to be provided with a dividend. A
considerable sum is already in the hands of the official
assignees, and the separate estates are considered suffi-
cient to pay the creditors, and leave a surplus toward;
the general estate.

The Learned COMMISSIONER, having minutely looked
over the very voluminous balance-sheet, asked if the as-
signees were satisfied with the bankrupts' accounts ?
Mr. HARDWICKE, for the assignees, as well as for
the great body of creditors, replied in the altrmative,
Mr. Commissioner HOLROYD---IR the several exten-
sive concerns in which the bankrupts were engaged ?
Mr. HARDWICiE believed the accounts to be as ac-
curately correct as it was in the power of the bankrupts
to furnish to the Court.

Mr. Nias, as solicitor for Mr. Lackington, the mort-
gagor of the Egyptian Hall, Piccadilly, applied to the
Court for leave to prove for 9,0001. advanced by him at
different periods to Messrs. Gyc and Hughes. That
large sum was advanced at different times, and upon
the last advance of 6,000/. Mr. Lackington received
the title-deeds, and they were now in his possession.
There not, however, being any written memorandum
of agreement kitween the parties, it became necessary
to present a petition to the Court of Review, and the
usual order was made. All the depositions were now
before the Court as to tho facts he had stated, and he
did not believe that they were likely to be disputed.
Mr. HARDWICKE concurred as to the facts of the
case having been accurately put before the Court, but
as there was no memorandum of the deposit of the
deeds with Mr. Lackington, it became necessary, with
a view to the sale of the Egyptian Hall, that the facts
as stated should be verified by the affidavits of all the
parties concerned.

Mr. Commissioner HOLROTD—Then you are quite
satisfied that the money was advanced?
Mr. HARDWICKE—Most certainly.
Mr. Nias—We wish your Honour to have these
matters appear upon the face of the proceedings, in or-
der to give a title hereafter to whoever may become a
purchaser, and hence we seek to have your certificate.
Mr. Commissioner HOLROYD—I understand you all
to agree upon the facts of the case, and the only ques-
tion which now remains is to snake an appointment,
fixing the time for the sale of these premises.
Mr. HARDWICKE—The assignees fully,concur in the
propriety of the sale, but your Honour's certificate would
he necessary in order to obviate the difficulty, which a
purchaser otherwise might feel.
Mr. Nias—And it will be also necessary for us to
have it, as we must go before the Court of Review to
obtain the costs of our petition.
The appointment for the sale was then made, to take
place o❑ the 14th of December next. And the bank-
rupts having been severally sworn to the truth of their
schedule, passed theic final examination.

the bankrupts in the
The Royal Gardens, 1 . Vauxhall were purchased by
year 1891 for about 30,0001., and
the vicissitudes of their produce may almost literally be
said to have been as variable as the weather.
In the season of 1822, the expenditure in the Gar-
dens amounted to 16,2101., and they were open for forty
nights, which was at the rate of 4051. per night, and
the profit derived in the course of the season, in conse-
quence of an immense outlay in the way of improve-
ment, only appeared to be 1751. 6s. Id.
In the season 1823 nearly 140,000 persons were ad-
mitted to the Gardens, and, on the 12th of August in
that year, the sum of '2,3151. 14s. was taken for admis-
sions and refreshments ; while, on the '22d of the same
month, the whole receipts had dwindled down to 98/.Bs.
In the season 1826 upwards of 120,000 persons paid
for admission.

The amount so received was £18,648 12 3
Sale of amok, wine, and provisions 10,941 11 11

29,590 4 4
And the profit this season, after all the disbursements,
was 3,955/. 19s. 4d.

The greatest number of persons ever admitted on one
night into the Gardens was on the 12th of August.
183:3, when the price of admission was suddenly re-
duced from 4s. to Is. The fineness of the weather
and the variety of attractions produced au overflow ;
the :►lmost incredible number of 20,137 persons paid at
the doors, and it was supposed that from 2,000 to 3,000
others obtained admittance by forcing the doors and the
palings.

The wine sold on that night amounted to .£5O 9 0
Arrack .......................................... 47 4 0
Stout .......................................... 12'1 0 0

The last night of the Gardens being opened was on
the sth of September, 1839, when the extreme wetness
of the weather prevented the ascent of the Nassau bal-
loon, which lost the proprietors 1,0001., beside paying
Mr. Green, for each ascent, the sum of 751., the pro-
prietors receiving whatever sums adventurous aeronauts
might stipulate to pay for a" trip" with that skilful and
unpretending gentleman. The Gardens occupy about 11
acres of land, held by copyhold under the See of Can-
terbury, and are now for sale ; but as each transfer of
any part of the land would require the payment of a re-
newal !Inc of about 1,3001., there occurs great difficulty
in distributing it into streets and houses, and therefore
materially decreasing its value to the general creditors
of the bankrupt's estate. Under these circumstances
the estimated value of the ground is not more than
15,0001. whereas if it could be let on building leases it
would bring nearly three times that amount. At pre-
sent the gardens are mortgaged to three mortgagees
for about 123,000/., and a controversy is still pending
between them and the assignees, as to the right of the
latter to sell the ground or the " moveables" thereon
for the benefit of the estate. Amongst the" moveables"
are some excellent paintings, with respect to one of
which the following amusing anecdote is stated upon
good authority :—An eminent artist, but of dissipated
character, was employed by the first proprietors of the
gardens to paint some classical designs at the end of
one of the walks ; but the delay in their completion so
irritated the proprietor, that, having to leave London
for a fortnight, he declared to the artist that he would
listen to no further excuses, and that if he found his
scaffold, paint-pots, &c. on his return, they should be
thrown over the garden wall. On his return, perceiving,
as he thought, in the same position, the scaffold, paint-
pots, &C. he hastened to the spot to put his threat
into execution, when, to his great amazement, he found
theta to be so accurately pictured on the canvas, that
he ever after lavished the most extravagant praises upon
the delinquent artist-
In the year 1784, it appears by books in the establish-
ment still extant, that port and sherry were sold at 2s. 6d.
per bottle, the profit upon which was 100 per cent.

THE FEAR:UI:MALADY OF AMBITION.—
Scott bad
some
fo nne 2,0001. a-year without writing books at all.
should he
massmanufacture
on mass and r
a dwelling dnot
to make
himself', more
monyey sh ;
and reartill
the
pile
h toppled, sank crashing, and buried him in its ruins,
Nesen he had a safe pleasant dwelling ready of its own ac-
or , d Alas ! Scott, with all his health, was infected ; sick
of the fearfullest
malady, that of ambition ! To such
length Lad the King's Baronetcy,y, the world's favour, and
" sixteen parties a-day," brought it with him. So the
insane racket must be d rise ever higher and
• higher 8 kept up, an o masons labour, ditchers delve; and there is
endless altogether correspondence about marble slabs for
tables, wainscotting of rooms, curtains, with the trimmings
of curtains, orange coloured or fawn coloured ; Walter
Scott, one of the gifted of the world, whom his admirers
call the most gifted, must kill himself that he may be a
country gentleman, the founder of a race of country lairds.
It is one of the strangest, most tragical histories ever
enacted under the sun. So poor a passion can lead a man
into such mad extremes. Surely,were not a man a foal always,
one might say there was something eminently distracting in
this, end as it would, of a Walter Scott writing daily with
the ardour of a steam-engine, that he might make 15 000/.
' a-year, and buy upholstery with it. To cover the wails of
a stone house in Selkirkshire with knicknacks, ancient
armour, and genealogical shields, what can we name it,
but a being bit with delirium of a kind I That tract after
tract of moorland in the shire of Selkirk should be joined
together on parchment and by ring fences, and named after
one's name, why it is a shabby small type of your vulgar
Napoleons, Alexander!, and conquering heroes, not counted
venerable by any teacher of men.—Thomas Carlyle's Mis-
cellaneous Works.

MURRAIN AMONG CATTLE.-WC are sorry
to state that this most pestilential disease, which has raged
so fatally in the more southern counties, has made its ap-
pearance in the counties of Cumberland and Nl' estmore-
land.— Carlisle Patriot.

for this Borough, and E. Hors.
BOROUGH OF COCKERMOUTII.— The members
H. A. Aglionby, Esq•,
man, Esq., having signified their intention of visiting their
constitugnts in the course of a few days, to give their an-
nual account of their stewardship, the electors have invited
them to a nsblic dinner. which is to take place on the 17th
instant,—Carlisle Journal.

POLICE INTELLIGENCE.

MANSION-HO USE.

THE BRITISH AND AUSTRALASIAN BANK.—In
consequence of an application from Mr, Ashurst, the
Solicitor, the Lord Mayor sent a messenger to Mr.
Boucher, the managing Director of the British and
Australasian Bank, No. 55, Moorgate-street, to re-
quest that gentleman's attendance at the justice-room.
Mr. Boucher, and Mr. Thomas, of the firm of
Kearsey, Hughes, and Thomas, solicitors to the Bri-
tish and Australasian Bank, immediately attended.
Mr. Ashurst stated, that he appeared before his
Lordship on behalf of Messrs. Bass and Co., of Bur-
ton-upon-Trent, large exporters to India and other
countries, to represent the conduct of the British and
Australasian Bank with reference to a bill of exchange
for 2001., which had been drawn by the brother of Mr.
Boucher upon the bank, and noted for non-accept-
ance and non-payment, although the drawer was an
acknowledged) agent of the concern. The bill had
reached Messrs. Bass in the regular course of business,
and was as follows :
" British and Australasian Bank.
" Due Ist Oct.—No. 478.
" £2OO. " Sydney, 21st April, 1840.
" Thirty days after sight of this my first of exchange
(2d and 3d unpaid), pay to the order of George
Smyth, Esq., the sum of two hundred pounds sterling,
value received, which place to account as advised.
" C. BOUCHER, Agent.
" To Frederick Boucher. Esq., managing Direetor,
" No. 55, Moorgate-street, London.
" B. R. and G., 1235."
On the back appeared--
george Smith, pay the order of Bass and Ce.
" HENRY HARPER.
• " BASS and Co."
...the managing Director refused to accept the bill, upon
the eittaerdinary ground that Mr. C. Boucher was the
agent at Adelaide but not at Sydney ; and Messrs. Bass
received the following letter from the managing Director
subsequently to his refusal.
" The British and Australasian Bank, 55, Moorgate-
" street, London, Ist September 1840.
" Gentlemen—l am informed by Mr. Harper and
Mr. Gordon, that you complain of my not accepting a
bill drawn, Without authority, upon me, by my brother,
Mr. Charles Boucher, from Sydney, and that you have
been reliedting most unjustly upon me for not accepting
the said bill ; and I send this to inform you that your
only proper course is to fetttrn the said bill to the party
from whence you received it, and that if you do or say
anything calculated to misrepresent my proceedings, or
to traduce this bank, you will be proceeded against by
Messrs. Kearsey and Co., the solicitors of No. 17, Buck-
lersbury, London,—l am, gentlemen, your obedient
I servant, " FRED. BOUCIIIZIL"
fr,
io that letter, the following answer" was returned :
" Burton-upon-Trent, 4th Sept. 1840.
" Sir—Our business is with the establishment calling
itself The British and Australasian Beak, and not with
you individually. We have yours of the Jst instant.
We must be our own judges as to what steps We mai
think proper to take about the refusal of the draft for
2001. When explanation is not given in the quarter
where we think it ought to be given, we certainly shall
not be prevented by your threats of proceedings' from
making such inquiry as we think proper to enable us to
get at the real truth in this matter ; and if we cannot
obtain it in any other way, we shall call upon the direc-
tors of the bank in any way we think fit, either pri-
vately or through the public journals. The bill is drawn
by Mr. C. Boucher, signing himself' agent ;' this is sot
disavowed, but you say WITHOUT AUTHORITY.' NOW
this will not do for those engaged in the trade to the co-
lonies where the bank has establishments. How are we
to know whether future bills will meet the same fate
or not ? We shall certainly warn our agents against
taking any bills, either at one place or another ;
and we shall, for our own security, make known the cir-
cumstance to others : we shall not be parties to the sup-
pression of facts. If the Bank will tell us that the
drawing of the bill is fraudulent, and without any autho-
rity, it would be a different matter, but the agency is not
denied (it is only stated that he is agent at a different
place). We are not satisfied with this tardy and unwil-
lingly given excuse. It is very easy to say, send out
you: bill with protest,' but we must tell you that however
the bank may suffer in reputation, we shall endeavour
to protect ourselves and others from the necessity of
sending beck bills under protest.—We remain, Sir, your
obedient servants,

(Signed) " BASS and Co.
" F. Boucher, Esq. "per P. C. W. LYON."
Now he (Mr. Ashurst) had in vain applied to No. 55,
Moorgate-street, to ascertain who the Directors of the
bank were, in order to shape the proceedings for his
clients accordingly, but he never could get any intelli-
gence whatever. The payment of the bill was refused,
although drawn by the acknowledged agent, and the
pretext was that it was drawn from Sydney instead of
Adelaide. Inviting advertisements and prospectuses
appeared, calling upon the public to effect remittances
of money to the new colony, and offering bills of credit
upon Sydney and other places at the rate of 1051. for
every sum of 1001. paid at the bank in Moorgate-street,
and he made this representation in Mr. Boucher's pre-
sence, in order to give that gentleman an opportunity of
stating the good reasons that must exist for the practice
as regarded the agent who had thus, without authority,
drawn upon the establishment.
Mr. Thomas (of the firm of Kearsey and Co , solici-
tors), who had more than once interrupted Mr. Ashurst
with the assurance that the Lord Mayor's valuable time
might be saved by a simple statement of facts, asked
whether the Lord Mayor thought the application made
by that gentleman was such a one as his Lordship could
for a moment entertain ?
The LORD MAYOR said that he sat in the justice-room
for the administration of justice, and he considered that

Mr. Ashurst had made a statement of considerable
commercial importance. He was most willing to have
the fullest answer and explanation upon the part of Mr.
Boucher. The bill, his Lordship observed, was appa-
rently upon the Australasian bank paper, and had all
the external symptoms of authority about it.
Mr. Boucher—My brother is the drawer of the bill,
my Lord ; but he drew it without my authority, and I
refused, of course, to accept it. The object of this ap-
plicatio❑ is merely to declaim against and injure the es-
tablishment, which is conducted upon the most honour-
able principles.

. .
Mr. Thomas could not see by what authority his
client could be called upon to pay a bill which he had,
for very good reasons, refused to accept, and he was
convinced that the Lord Mayor could not interfere in a
matter of the kind.
Mr. Ashurst said that he came before the Lord
Mayor to receive his Lordship's assistance us a magis-
trate in protecting the public. He then referred to an
application which had been made to the Lord Mayor
about six months ago upon the part of a poor Swiss,
named Fischer, who resided at Chatham, and who paid
40/. to a Mr. Gough, the manager of the Chatham bank,
for a letter of credit payable at the bank, No. 55, Moor-
, gate-street, where the agency of Mr. Gough, as far as
regarded money, was repudiated by the manager. He
knew that the Swiss had never received a shilling, al-
though the Chatham bank was entered in the list of
agents, and that the poor man had paid the money rely-
, ing upon the validity of that agency.
The LORD MAYOR said that he recollected the case
well, and the promise which had been made. His Lord-
ship wished to know how it happened that the agency
of Mr. Boucher's brother was recognised at Adelaide,
and repudiated at Sydney—a sort of confusion which
was very unfavourable to the accurate transaction of
commercial business ?
Mr. Thomas said that he understood the circum-
stances in which Mr. Charles Boucher was placed to
be as follows :—Mr. Charles Boucher, the brother of
the manager, was appointed at (as our reporter under-
stood) the commencement of the undertaking to go to
Adelaide as the agent to the Bank. Advices, however,
were received that the vessel in which he had embarked
was shipwrecked, and Mrs. Boucher, his wife, died soon
afterward. Mr. Charles Boucher never attempted to
assume the agency at Adelaide, and never went there.

Mr. Boucher said that his brother went to Adelaide,
but never assumed the agency there.
Mr. Thomas stated that no transaction passed be-
tween the bank and Mr. Charles Boucher, who cer-
tainly never was authorised to draw from Sydney. The
regularly constituted agents of the Bank at Sydney were
Mssrs. Walker and Co., a circumstance which Messrs.
Bass and Co. might most easily have ascertained. If
Messrs. Walker and Co. had drawn upon the house in
Moorgate-street, there would be no hesitation as to pay-
ment, whatever might be the amount ; but they did not
know at Moorgate-street why Mr. Charles Boucher
had drawn ; and if the manager accepted or paid the
Bill, he would have done that which could not be
justified.

- The LORD MATOR—The bill is drawn upon paper
struck from your plate.
Mr. Boucher—l disavow it altogether, and I re-
fused to accept it. If 1 am in error in refusing t•
do so, Messrs. Bass can proceed against me. The
accusation is really most absurd. It is brought before
your Lordship merely to excite a prejudice against the
establishment.

1 Mr. Ashurst produced the Sydney Herald of June
15, 1840, to which hi begged to call the attention of
the Lord Mayor, and the managers of the British and
Australasian Bank, as it contained an account of the
particulars of some of the drafts drawn by the directors
of that concern on Charles Boucher, Esq., Adelaide,
which had been dishonoured and returned to England
under protests for non-payment. From the account if
appeared that there were sixteen bills, amounting to
3,2991., in that extremity. But his principal object in
calling attention to the newspaper was, because two
letters were published in it from Mr. Boucher, the
manager of the Moorgatc-street concern, to Mr. Bou-
cher, the Adelaide agent. These letters were opened,
in the expectation that intelligence regarding the pro-
vision for the bills would be found in them. As copies
of them were published in the newspaper, he would take
the liberty of asking the manager whether he wrote
them. They ran as follow

(Per Rajasthan.)
" The British and Australasian Bank, 55, ,
Moorgate-
street London.

No. 18. "October 23d, 1839.
" Dear Sir—l beg to inform you that it is the inten-
tion of the Directors of this Bank, on hearing from you
a: to your location and prospects at Adelaide, to send
you five thousand pounds (5,0000 in bills, on Messrs.
W. Walker and Co., of Sydney, drawn by their London
firm (Messrs. Walker, Brothers, and Co.) In the mean-
time in order to meet your engagements on behalf of this
bank the Directors authorise you to negociate bills to
the extent of ten thousand pounds (10,000/.) on this
bank, or on myself as managing Director thereof. I
am, dear Sir, your's truly,

. . . -
" FRED. BOUCHIR, Managing Director."
" Charles Boucher, Adelaide,"
(Addressed outside, " Charles Boucher, Esq., Ade-
laide, South Australia." Per Rajasthan.)

" The British and Australasian Bank, 55, Moorgate-
street, London.
No. 19.

" 25th October, 1839.

" My dear Charles—Do NOT draw on the authority
contained in my letter of the 23d instant, until you hear
further from me. In the mean time it may serve to
EXHIBIT in case of need.
" I am, my dear Charles,
" Your's affectionately,
" FRED. Boucnan, Managing Director.
" Charles Boucher, Esq., Adelaide."
(Addressed, outside—" Charles Boucher, Esq., Ade-
laide, South Australia." Per Warrior.)

Mr. Boucher said that he had written these letters
to his brother ; but whatever construction Mr. Ashurst
might put upon them, they meant nothing more than
the necessary cautions and instructions upon which all
commercial matters were usually conducted. They were
written to Adelaide, and were no evidence that his bro-
ther was authorised to draw from Sydney.
Mr. Thomas—l assure you, my Lord, that if I did not
think this establishment was one of high respectability,
the house in which I am a partner would not have any-
thing to do with it. The deed is at my office.
Mr. Ashurst—Who are your directors ?—Mr. Tho-
mas and Mr. Boucher said that there could be no objec-
tion to let Mr. Ashurst see the deed. It lay at the so-
licitor's office, and would be filled up with names of
high respectability.
Mr. Ashurst thanked the Lord Mayor for his Lord-
ship's interference, and accompanied Mr. Thomas to his
office, in Bucklersbury. He soon afterwards, however,
returned with that gentleman, and assured the Lord
Mayor that the deed was without a single name.
Mr. Thomas said that the names could be soon ap.
pended, and both gentlemen retired.