The Sun.
London, England, 1847-05-31 00:00:00

trintinti

LONDON, MONDAY, MAY 31, 1847.

The American mail, which arrived at Liverpool on
Saturday, has brought us no intelligence of political
importance from the United States. The news from
Mexico is, on the contrary, deeply interesting. It ac-
quaints us with another great conflict of arms, between
the American forces under General SCOTT and those
under the command of SANTA ANNA, that took place
at Cerro Gordo, on the 18th ultimo, and re-
sulted in the defeat of the Mexican army.
A very copious account of the military operations
will be found in our columns. The version given
by the conquerors, and the commentaries offered by

their compatriots on the above engagement, are
tinged with the same inflated spirit that is peculiar to
their egotism and love of exaggeration. Neverthe-
less, it is manifest the Americans hare achieved
a signal victory, but of which, it seems, they could
not remain content to give even a highly-coloured
representation of their national prowess, without
meanly attempting, by vague insinuations, to impeach
the personal bravery of their chief antagonist. The
known character of SANTA ANNA is of itself a suffi-
cient answer to this unworthy imputation. Not
merely in respect of real patriotism, but also in regard
to individual valour, the proofs have been
not only not frequent, but of the strongest kind, in
favour of the Mexican General. It is impossible
to read the address which he issued on the 3d of April
to the Supreme Congress, previous to taking com-
mand of the army against General SCOTT, without
admiration for the principles by which he has been
actuated throughout the campaign, and without the
fullest sympathy for the extreme difficulties that stood
in the way of his prosecuting the war with anything
approaching to becoming energy. The wonder
is, that, in a state so much divided against
itself, he was so far enabled to overcome
the obstacles as to offer the resistance he
has done to the unprincipled invaders of his country.
Whilst the Americans have been endeavouring to
procure a peace by basely corrupting their foes with
the money dishonestly voted for this detestable
purpose by their Congress, under the baneful counsel
of Mr. POLK, SANTA ANNA has had to silence civil
dissension by fervent appeals to the noblest instincts
of human nature, and to kindle the patriotic ardour
of his country, by indicating that " much as peace is
wanted, it must be a peace to be won by valour
and constancy, bought by victories obtained by a
people that detest oppression." It appears that,
naturally dispirited as the Mexican authorities were
at the receipt of the fresh reverse which has over-
taken their General, they nevertheless continued to
be animated by the sentiments embodied in the ad-
dress, above alluded to, penned by their military
leader. Apprised of the defeat, Congress imme-
diately assembled, and decided upon continuing to

&fend the nationality of their republic, and passed
a decree prohibiting the Executive from making
peace with the United States, or disposing of
any part of their territories." Suhsequen
to the battle of Cerro Gordo SANTA ANNA had
rallied 6,000 men at Orizeba, so that, should he be
duly supported by the Government in his further
efforts to vindicate the wrongs of his country, he may
yet, by having recourse to guerilla warfare, con-
vince the Americans that, if they should succeed at
all in their iniquitous policy, it will only be con-
summated by sacrifices far heavier than were anti-
cipated when first they attacked the independence of
Mexico.

The long and anxiously looked-for decision in the
case of WooLmnu v. TOBY has at length been given.
The Judges of the Queen's Bench have pronounced
their ju Ig-went—and that judgment has been, in ac-
cordance with the public expectation, favourable to
the defendant. The myriads of circulars issued by
the projectors of the several defunct schemes, calling
on the allottees, under the threat of immediate pro-
ceedings in case of default, to contribute to the ex-
penses of the undertakings, and stating that the law
was fully settled by the temporary success in that
case, have gone for nothing, and the ridiculous men-
dacity of their concoctors been fully exposed. We re •
gret to say, however, that the decision is not as satis-
factory as we could have 'wished. The great point has
been left untouched. So far as WOOLMER v. Tony
is concerned, the liability of allottees is still a vexata
questio, and involved in as much doubt as when the
writ was first issued. The public mind might still
be disturbed, and an enormous mass of litigation en-
couraged to the ruin of thousands, for aught their
Lordships have done. Happily, however, the other
Courts have solved the problem, and the principles
enunciated in the decisions of WALSTAB V. SPOTTIS-
WOODE, in the Exchequer, and WONTNER v. SHARIF,
in the Common Pleas, must be quite conclusive as to
the real merits of the case. We may therefore hope
that the silence of the Court of Queen's Bench may
not be productive of the evil results that would have
otherwise inevitably been attendant thereon.
It is scarcely necessary to state here the particulars
of a case with which every person who has in any
degree intermeddled with railway matters must be
familiar, possessing as it did so deep an interest for every
one belonging to either of the classes, provisional
committeemen or applicants for shares. It was an
effort made to stem the torrent which had set in so
powerfully against the former class, to neutralise, if
possible, the effects of the case of WALsTAB v.
SPOTTISWOODE, of which it was the converse. In
that case an allottee had recovered against a com-
mitteeman the amount of deposit which he had paid,
the consideration for which had failed, the scheme
proving an abortive one and not having been pro-
ceeded with before Parliament. It struck terror into
the souls of promoters ; they had previously hoped
that under any circumstances they would have escaped
comparatively scatheless ; that all preliminary ex-
penses, of which they might themselves have
made a good thing, would have been defrayed
out of the deposits of the several allottees, while they
would have excused themselves from any payment.
Something must be done. An action against an
allottee, to compel him to pay for shares which he had
refused to accept, would at least have the effect of de-
laying a great many actions against themselves, and
perhaps of inducing many timid men to pay a small
sum in order to be exonerated from all further liabi-
lity. While relying on the notorious procrastination of
the superior courts, on those delays so deeply prejudicial
to the suitors, they hoped that much time would
elapse before final judgment would be pronounced
They were not disappointed in this expectation.
They selected a professional gentleman who had ap-
plied for shares as the subject of attack. The record
came on for hearing at Exeter, in the spring assizes
of 1846. The Learned Judge, in accordance with
the usual custom, when the slightest doubt
exists, refused to nonsuit the plaintiff, but reserved
liberty to the defendant to move for a non-
suit on various grounds. The rule nisi was obtained
in Easter term, 1846, and it is not until five terms
have_ elapsed—until Trinity, 1847—that it is finally
decided. The great question was, " 'Whether persons
portion thereof, had been allotted, could be corn -
t
elle
who had applied for shares, and to whom those shares,
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tbeefeonrdpeerxpapcotes.nitsetsheorfeotnh,eoprrot
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t
ny degorpeaey the
theeto
the practically
Court,
ally abanduned." The issue
land its opinion was looked for. place
most anxiously,
however,
declaring the law, they have, aftner sof
time, only announced that the gr
aeat a length of
the proper parties to sue, and that,
con3eNvere notqilnt
iff
judgment must be for the defendant. It couledillY
plaintiffs
be said that the matter was "Comm non judice," that
having decided one point, fatal to the plaintiffs claim,
()us ;
any further opinion of the court would be superflu
on the contrary, the general feeling will be that
s and weighty re-
the Court has evaded a seriou