The Sun.
London, England, 1841-04-12 00:00:00

LAW INTELLIGENCE.

PRIVY COUNCIL, APRIL 10.
The SOLICITOR-GENERAL, in continuation from our
Evening Paper of Saturday, said—The words in paper
B were exclusive of any other document, and not inclusive.
No man could have conceived B to refer to another pre-
vious paper without some words which specifically attached
to it. The paper from beginning to end was prospective.
It referred to legacies to be given, and to executors to be
appointed ; and, therefore, there was nothing to excite
suspicion that any other paper could be brought into opera-
tion by it. There was nothing to show that the paper re-
ferred to another, and the question was not whether it
might, but whether it did. When his friends had shown
the existence of such a paper they might proceed to ex-
ercise their great powers to prove that it was that respect-
ing which they were contending. To say that A con-
tained instructions that were carried out by B was not
the fact. The real estate was not disposed of by indorse-
ment, the personal estate was not disposed of by joint
tenantcy, but by tenantcy in common. When their Lord-
ships looked at the person who was instructing Mr. Wood,
and considered that he was one who was bound to protect
him, they would never allow the words employed in it to
prove the existence of another document. There was
other mode by which it was supposed this paper was one
proved, that was by recognition, but that which was called
recognition applied to so many papers that it might be
used with equal force in support of any one of them.
The Learned Gentleman was commenting upon the evi-
dence in support of this part of his case, when, it being
four o'clock, their Lordships adjourned.
The SOLICITOR-GENERAL said he should conclude his
address on Monday.

SPIRIT of the PUBLIC JOURNALS

FROII TDB aVRNINO PAPERS OP SATURDAY.
(From the Globe.)
We cannot feel disappointment that more than a moderate
use has not been made of our superiority to the Chinese in the
arts of war. We conceive that our character in Europe would
jisstly have suffered, if we had not shown the spirit of for-
bearance we have shown ; and it is more than doubtful (what-
ever be the impatience of local commercial interests) whether
the policy of striking terror by force may not go greatly
too far. We say this much with reference to the complaints of
some Eastern Contemporaries, which our readers will find ex-
tracted in this day's publication. It was apprehended by par-
ties well acquainted with China, that the only consequence of
overwhelming warlike demonstrations on their coasts would
be a system of passive resistance and retreat to the in-
terior • and that to leave the Chinese and their Government
so policy but that of despair, would be to throw ourselves
further than ever from the scope of our efforts. There is,
besides, something repugnant to the right feelings of civi-
lized men in avenging a l'outrance provocations on a people
as completely unwarlike ; and the general wish decidedly
has been in this country, that the dispute should be termi-
nated with as frugal a resort as possible to forcible methods.
These considerations ought to moderate the impatience of
such parties as may imagine the Chinese ought to have been
more frightened, •r more extorted from their fears. We have
obtained a very valuable real security for their future good
behaviour ; and it will depend upon ourselves to keep them in
mind of the lesson we have taught them; and to make the
best use of our newly-acquired position in behalf of our com-
merce. _ . _

(From the Courier.)
With the ample details before them of late occurrences in
China, in to-days Courier, as at length received with the over-
land mail, our readers will be well enabled to decide for them-
selves how far we were warranted in those animad-
versions on the conduct of Superintendent Elliot, and
his convention for postponing the final adjustment
of our differences with China—to the Greek Kalends,
or any other less definite period which the reader's
imagination may suggest—for neither more nor less than a
postponement is it, which, on the necessarily brief enumera-
tion of the articles of this famous document, communicated by
the French telegraph, we were not slow, and were indeed
the first to pronounce. A document, which we publish
below, emanating from the first commercial establishments
of Canton, may be accepted unhesitatingly as the unanimous
expression of the sentiments of all those British residents
who are best qualified by actual position for the most correct
appreciation of passing events, with their bearing on British in-
terests, serving also peculiarly to enlighten whatever may appear
to be ambiguous, and to illustrate what is practically preju-
dicial from facts consummated and positive, in this extraordi-
nary treaty product of the Elliot school of diplomacy. As was
to be expected, the mercantile community felt justly out-
raged by the notorious inadequacy of the six millions
of dollars, stipulated under the title of indemnity for
covering Chinese spoliations on British property to the
extent of twice that amount, and this sacrifice of the com-
mercial community is the more unpardonable, since Captain
Elliot should have known, even if, as heretofore on all other
subject, left uninformed and dinstrueted from superior author-
ity, that the home Treasury was not only unequal to sustain any
additional burden in the shape of satisfaction for the large balance
accruing on opium account, but was positively in default
of means to provide for the current expenditure of the
country, ordinary and extraordinary, independent of such
supplementary charge. We repeat that he could not be
unaware of this deplorable condition of fiscal affairs at
home, unless we are to presume him so unread in the
occurrences of the day and the proceedings of Parliament, as
to lie unfit for the discharge even of the mere clerical functions
of his agency. We observe, indeed, that he is so complacently un-
conscious of his own ignorance, and so self-satisfied of his own
power to wield, if not to create, the resources of the Trea-
sury, that, in a circular to the merchants at Macao, issued
doubtless under the influence of some compunctious misgivings
for hasty and improvident action, and by way of conciliatory
propitiation of discontent openly manifested, he " considers it
incumbent upon himself to lose no time in assuring the com-
mercial community that he will use his best efforts with her
Majesty's Government to secure an early and entire advance
of their claims for the indemnity."
(From the Standard.)
The news from China brought by the Overland Mail from
India, which arrived in town yesterday, is certainly not of a
character to warrant the exuberant exultation of our Ministerial
Contemporaries. It announces, to be sure, the basis of an
immediate settlement of our dispute with China, but
alloys the gratification with which this announcement would
otherwise have been received, by an intimation that " the
details still remain matter of negotiation ! It is of course
impossible for us to know the precise nature of
the instructions under which Admiral Elliot has acted; but
it is perfectly clear that either he or his employers are
greatly to blame that the terms which his successor has ob-
tained from the Chinese have not been much more favourable
than they seem likely to be, even should those points
which remain for future discussion be decided in exact ac-
cordance with the sanguine anticipations of the British
" Plenipotentiary." The indecision and feebleness of pur-
pose of Captain Plenipo Elliot, as the India papers
entitle him, appear to have been contagious. Admiral
Elliot caught the infsetion, and although backed by one of the
most powerful expeditions that have ever been despatched on
such an errand, was unable to make up his mind to any de-
cisive step until the military force in the occupation of
Chusan was decimated, to speak moderately, by disease,
and his own health so shattered as to make it im-
perative on him to give up his command to the
next officer in rank to himself--not, however, until he had in-
dulged in a bombastic speech about his deep anxiety to " perish
in battle with the enemy !" There had, to be sure, been
some " palaver" about 3,000,0001. sterling of indemnity, and
the reinstatement of the trade on an equal footing. But as no
substantial authority appears to have existed for such a proposal,
end the gallant Admiral's disorder increased in violence,
he was fain to yield his command to other hands before the nego-
ciations could be brought to bear. No sooner had Commodore
Sir J. Gordon Bremer assumed the direction of the expedition,
than he determined to bring the Chinese to the point;
and, having satisfied himself of the insincere and shuffling
conduct of the Imperial Commissioner, commenced an
attack upon the Bogue Forts, which produced the al-
mo-t immediate surrender of the enemy, a surrender, in
fact, almost at discretion. It was, of course, no part of the
object of a generous power like England to take advantage of
the miserable weakness of such an opponent, but her re-
presentatives in the matter were bound to see that the
terms they secured were not inferior to those which
had been proposed before any offensive measures were adopted.
After exhibiting their power, however, and receiving the
submission of the Chinese authorities, they were con-
tented to accept a promise of the cession of the island
and 'harbour of Hong Kong to the British Crown, the
removal thither of the trade from Whampoa, and an in-
demnity to the British Government of about a million and a
quarter sterling, to be paid in instalments covering a period of
six years. These are the chief advantages obtained by our
great expenditure of life and treasure in this dispute—
concessions which, with the most ordinary energy and
management, ought to have been secured before the British ex-
pedition had been a single month at its destination. We
have, to be sure, the proclamation of the great Keshen that
as the " English barbarians had become more obedient to or-
ders, he should solicit for them the iirziplraiarl favourh ;" but look-
ing at the matter throughout, it that Majesty's
agents have been outwitted, and that thet
of the " English Chinesebarb
r barbarians."
for
once, at least, got the better

CENTRAL CRimiNcoURT

OLD COURT.

Buchanan, 17, was indicted for having stolen
five Bank of England notes value 451., the property of
George Buchanan, his father.
Mrs. Buchanan, the mother of the prisoner, stated that
on the day the robbery was committed, her son was in the
house. She perceived that her husband's box was open,
and called the prisoner up stairs, and asked him what he
had been doing, he made answer, and said " nothing ;" she
then asked him if he had taken any thing out of the box
and if he had to put it back again, he said he bad not
taken anything, and went down stairs again ; the prisoner
left the house, and the witness did not Eee him again for
three weeks.

The Learned Judge was about to put some questions to
the wryness, but she became so much affected that ho di-
rected her to withdraw.
George Buchanan, the prosecutor, and father of the
prisoner, said that on the day in question ho had seen his
money safe in the chest, and he welt out, and returned
.about sit o'clock in the evening, and his wife commu-
nicated to him the state of his chest, and on proceeding
to it he discovered that the money was gone. He did not
hear of the prisoner for three weeks, and from information
be received, he proceeded to a house in the Commercial-
road, and there apprehended the prisoner.
Jornes Porch, the officer who took the prisoner to the
station-house, said that on his way thither, he asked tc
prisoner if he had spent the money by himself, and be said
he had not, but he did not know who his companion ;cal,
had spent the money et
cr where be lived, and that they
.different watering-place.
'I he LEARNED JrDDE having summed up the evidence,
the Jury immediately found the prisoner
Guilty, and be_
fore passing sentence the Learned Judge requested that
the parents should leave the Court, which they accord.
ingly did, and he then, in a very impressive manner, ad.
dressed the prisoner, and concluded by sentencing him to
be transported for the termof his natural life.
It appeared that the prisoner had been previously eon_
sicced of a felony.
POLICE INTELLIGENCE.

GUILSHALL.
Francis Gibbs, a carman, a middle-aged man, was
charged with a capital assault upon Elizabeth West, a
girl aged fourteen years. The child was engaged to
look to the children at the house where the prisoner
lodged, in George-yard, Milton-street. The landlord
and his wife were out when the prisoner committed the
act complained of. The girl's evidence went to estab-
lifib the capital offence. The prisoner crosa•examined

the girl, and endeavoured to elicit that she had induced
him to act as he had done.
The ALDERMAN said that if the prisoner's defence
were true he was equally culpable in taking advantage
of a girl of such tender age ; he should commit him
for trial on the charge of an assault with intent to
commit a capital felony.