The Sun.
London, England, 1841-11-13 00:00:00

MORNING SUN

SPIRIT of the PUBLIC JOURNALS.

FROM THE DAILY I..4PERS OF YESTERDAY.
G L OBE.—The following remarkable paragraphs
appear in the Post of this morning, and, we suppose,
are to be assumed as proceeding from some source con-
nected with the party in power .
" Whatever uneasiness or displeasure it may occasion,
to Radical writers, we still retain, and still think it right..
to declare, our opinion that they who affirm that any
existing law ought not to be obeyed, but ought to be,
resisted, deserve punishment for every such public;
affirmation. And if 'this be true generally, the truck
becomes particularly pressing and urgent when the law
which men are recommende to resist is of very high
importance, and is from its very nature one about
wkich popular passion is extremely liable to be excited.
The law which imposes a graduated scale of duties upon
the import of foreign corn, is that which some Radical
writers publicly excite the people to resist ; and when
they are taken to task for co doing, they maintain that
they are right in counselling resistance to the law."
" If the -Government be mare anxious for the praise
of being called Liberal,' than for the protection of
rational liberty, it is easy to see why this should be
permitted to go on ; but if the Government do its duty
it will put the law in force, in order to punish those,
who print and publish that the law ought to be resisted.
Regulated liberty can only exist in proportion as the
law is respected. 'They who resist it are the enemies
of liberty, and they who allow resistance to the law to
be openly inculcated, when they might prevent or
punish such inculcation, do not protect the liberties of
the people as they ought."
Fifteen y ears back or so, we happen to remember that
the Quarter & Review had a sort of lucid interval.
of Liberalism, during which it exclaimed, " Let thc7
aristocracy look &Arc they leap!" So say we to
Sir Robert Peel. We advise him to look before he
leaps ; and to employ part of that time, which be has
given himself so liberally, in deliberating whether
State prosecutions will prep up the Corn-laws.
There is no doubt that direct incitements to re-
sistance of any the worst law are punishable ; but we
are not aware that such incitements are put forth against
the Corn-laws. We should like the Post to quote the:
puelications to which it alludes. We do remember,
indeed, direct incitements of resistence to the law, not.
meey years back ; but those did noe proceed from tie
Anti-Corn-law League. We remember exhortations
to the people to take up arms ; and no obscure recom-
mendations to inflict violence on public functionaries.
We remember that those recommendations took effect.
in disturbance of order, destruction of property, and
violence to persons. We are not aware that any such
effects, traceable to such causes, can even be asserted
against the agitation far repeal of the Corn-laws. Yet
the Tories, through their organs and their tools, were
themselves the abettors of the first of these agitations,
which threatened resistance to law by torte of arms,
and actually made that resistance, unreprcrved by their
Tory allies. When and where have the patty of Trade
and Industry done this ? There is nothing mew in the
Tories reverting suddenly to the old ex-oflici'o course,
after abusing their opponents for putting thee law in
force under more urgent circumstances. More than a
century back they employed precisely analogous to ctics.
STANDARD.—It is stated in a Morning Joe real
favourably disposed to the pclitical Roman Catholic
party, that the Roman Catholic Bishops are preparing- A
petition or demand for an increase of the grant tv
MaynOoth, and it is further surmised in the same
journal that it this petition or demand prove unsuc-
cessful, the 'present grant aid be no longer accepted.
The principle of the grant bring admitted by the
Legislature, cannot be affected by the more or less of
'limey granted, and the increase is therefore an open
question, all other circumstances apart ; but if it be
presumed to ask for more money for the Maynooth
establishment, surely the demand must be
preceded by a satisfactory explanation of the
expenditure already made. If it can be shown that
the State has been allowed the fair control ever the
system of education at Maynooth, promised to it at
the foundation of the establishment, and if the
college can point to the success of its system in pi e-
ducing a class of good Christians and good citizens:,
nice scruples will not prevent the extension of the
means of so loyal and beneficial an institution. If, oth
the other hand, the Roman Catholic Bishops-
must confess that all State control has been inge-
niously evaded, and that the produce of the college
are but a corps of political agitators and repealers, their
demand will come with an ill grace, and their surrender
of the (present grant will be cheerfully accepted. It is
plain that something must soon be done in the matter,
and the Roman Catholic Bishops seem to prove by their
present movement a conviction that inquiry can be 119
longer postponed.
COURIER.—The " great plenipotentiary" Elliot
has at length crept back, as we see, a disgraced official,
into this country. His Whig employers were at last
forced to remove him from his large salary, and deprive him
of the means of any longer disgracing by his incapacity,
and retarding by his vacillation, British interests and
British progress in China. His country might forgive him
for having been so repeatedly duped and humbugged by
the stalest devices which the threadbare trickery of Chi-
nese imposture could practise on the most childish intel-
lect. A man may be deceived with the best intentions,
and his country could not undertake to supply him with
better brains than his Maker had given him ; but
" Eugland expects that every man shall do his duty,"
and we think that the discarded Plenipotentiary will
soon be taught by the averted glance, and the cold sa-
lute, the contempt felt here towards a public officer,
who has so discredited his mission, his country, and
himself. We wish not, however, to break this poor
butterfly upon a wheel. Let him sneak out of the
country as soon as ha can, and we assure him we would
not have wasted our ink on him were if not for the pur-
pose of noticing one of those odd coincidences, that, by
occasionally happening, call to mind the old adage of
misery makes us acquainted with strange bedfellors.
It appears that Sir Gordon Bremer has arrived in
this country along with Elliot—that they have tra-
velled together many thousand miles—that they have
been shipwrecked together ; and, in a word, have been
in one another's companyto
coue
sopilontghetbnastmteheoffritehnedsonoef
Elliot begin always
with that of the other. Does the wretched incapacity of
the Whig incubus presumeao shelter itself for a moment
beneath the mantle of that distinguished officer, whose
services
,are still fresh in the minds of his grateful coun-
trymen ? As well might the mongrel cur be coupled
with the noble staghound, as aught of Elliot joined
with Sir Gordon. We remember right well, and so
doesihis country, that by Sir Gordon Bremer, at the
beginning of this year, the forts of the Bocce Tigris
were captured, and all the defences of Canton anal 1-
lated, which the lolly of Elliot alone prevented our
troops from immediately occupying.

tY NEWS.
FROM THE MORNING PAPERS OF
MONEY IIiARKET and C
HERALD.—A meetine• for the purpose
papers as having been held in that city
1 to be styled the
ITIar"DATt Dublin
capital of one mil-
lion," London and Dublin Bank," with a theprospectus laid
of establishing a new Joint-stock
increase. From
this
not to
and power of
that is
before the meeting, it appears
cl- to diminish the
' • calculate
s torcekpojr3 reported in recen
bank of issue, a provision
chance of runs on occasions of sudden panic. The only
teetota nib
ll• 0. societies to
curious conceit of turning
of banking ; for, it is
ac-
count as a leading
elementros prospectus, " thebenefitial is
gravely observed in the
other notable feature about this banking prcject is the
societies in promoting order
celiarly expedient time for
and industry,
ofsuch bank.lf it were deemed
the establishment
catch the disciples of Father M
politic to set a trap to ,
b • it 'a-
tluenceeftl ie
it would surely haye been as wellto bait with
thew: fender temperance
thisP are . , , . ,
the sign of the temperance
1 I who presided, mad. some judicious
observations on the deficiency of banking capital in Ire-
as compared with population, territorial extent, and
bank.
Lord Mountcasle,
Ire-
land, facilities. By banking capital, solid money capital
is of course to be understood ; for if capital were to be
represented by bank issues of a credit circulation, it is
quite clear from past experience that there need be,
would be, no more stint or want of that sort of capital
in Ireland than there is now and has been in the United
iSntadt,essi)iteTohte.lcannirbi(emsnongqiinaetsiit)ir
ofth,Aaitrl.reola.cedoninser now,
that state of industrial and agricultural progression,
which, as it calls for the extensive employment' of more
capital, so does it afford the best security for its invest-
ment. From the number and respectability of the par-
ties attending and taking an active part in this meeting
it may be hoped. and would seem tolerably certain in-
deed, that the project will lie carried into effect without
much delay.
CHRONICLE.—We regret to find in the columns of
a paper so well informed and respectable as the COHr-
rier Francais, very illiberal views regarding the financial
embarrassments of this country. After alluding to the
lean which the Bank of England received from the
Bank of France in 1839,
and observing that sonic people.
even then, from a species of intuitive distrust, were of
opinion that the accommodation should have been re-
fused, the Courtier Francais states that its conductors•

MORNING SUN

'did not then participate in that opinion, because t hey
saw that the failure of the Bank of England would b ring
about a great European disaster, and they deem( dit
the duty of France to be generous. The Core, rier
Francais thinks, however, that the Bank of Eng land
must soon be compelled to apply to the Batk of
France for aid a second time. They. mention -truly
that it has been found necessary to import two mil-
lions of quarters of foreign corn, in consequence- of
the bad harvest ; and that it may be necessary to im-
rort two or three millions of quarters more, to mak a up
the deficiency before the next harvest is reaped. The
price of this corn from Poland and the Crimea. tlae
Courrier Francais says must be paid for with 4pe;cie,
from the Bank, and that the drain which will thy e at:
tack the gold in her coffers will render it tiecessery for
the Directors to apply to France for
.supporia The
Courrier Francais conjures the French Minister, dad Go-
vernment now to refuse their aid if asked feel, because
of the " violent pride" of Englishmen ar,d the quad-
ruple treaty for the settlement of This is
really very pettish and very paltry, The COurrier
Francais inistakee the feeling o'. Englishmen most
thoroughly. We are slr:e that if the specie in
the Bank of France w.-:ee taken off to pay for food
to the inhabitants of that country, the friendly aid
of the Bank of En'.gland would be cheerfully given;
and that every no',espaper in Great Britain would ap-
plaud the action. It is true that we have cautioned our
Countreenen a'.gainst Embarking their capital in foreign
leans at pree,ent, but that caution we have given chiefly
on account of the low state of the gold in the coffers of
the Bank, and the anticipation that further supplies of
foreign corn will be required in the spring. That is the
only reason which has induced us to recommend our
readers "to button-their pockets, to shut their purses,
and to keep their specie from France and M. Humann."
We should he glad to see the 150,000,000 loan of that
Minister, or part of it, nerelled to the execution of rail-
roads, and other iorlts of internal improvement alluded
to by the Coup; I ;'. Francais. "When that is done, much
of the present disteest which English capitalists enter-
tain:towards the scrip of the French loan may probably
dieappeer.

-LAW INTELLIGENCE. •
• co7p7. or CHANCERY, Nov. 12.
The Lose Cfl AN CELLOR proceeded with the hearing
of appeals tQ-day.

-
LLOYD V. WAIT.
The arguments in this ease, which wera part, heard
yesterday, were resumed to-day. The bill was filed for
the purpose of the redemption of a mortgage created
as long ort-2k as the :vear 1803. The right of the
plaine.irto redeem, •wfiich depended on a question of
perlfr;req, was d!spiitefl.by 'the defendant.

ROLLS' COURT, You. 12.
ALLEN V. MACriIEaSON.
Lord LANGD ALE gave judgment on the demurrer in
this case,. which was reported in thu The Sun on Friday
last, and which. aro:ie out of the will of John Allen, of
Highbury, who by his will, and by a codicil thereto,
gave certain bene'dts to the plaintiff, who sued in forma
pauperis, which he revoked by a subsequent codicil,
which, it was alleged, had been procured by fraud. The
demurrer was fur want of equity, and for want of parties.
His Lordship having stated the facts of -the case- at
length, said the present was not like any former case...
Susannah Evans and one of the defendants took an inte--
Yest under the will, subject to certain annuities and le-
gacies ; and by the 6th codicil to his will, the testator
gave one quarter of the residue to the plaintiff. This be-
quest was revoked by the
.9th codicil, and it was al-
leged that this revocation was obtained by fraud; and
this was the question to bu considered in the suit. The
bill contained many material allegations. Plaintiff might
not ultimately eAzibiish his case, but there-was no reason
why ellar2-,s in the kill should not be answered. Tl'e
demurrer, for want of equity, therefore, must be over-
ruled. With respect to the demurrer for want of parties,
that could not be sustained, for Mr.. Bartlett had no in-
terest in the fund; in question. He would give no costs.
Mr. KINDEnsLEY applied fur six months' time to an-
swer the bill, bat this was objected to by Mr. Pemberton,
and his Lordship granted one month, with liberty then
to apply for further time.

JAMES V. BIDDER.
Mr. KINDERSLEY (with whom was Mr. Shinton) said
this came before the Court as an amended bill. By a
post nuptial settlement of the 2d February, 1819, made
between John Betts and Fanny his wife of the one part,
and three trustees, of whom the plaintiff was the sur-
vivor, of the other part, Betts assigned certain bonds and
securities for money which he then held, to the amount
of 6001., on trust, to pay the income to him for
life ; after his death, to his wife for life ; and,
after the death of the survivor, on trust for the
benefit of his three daughters, and of such of his
children by his' said wife as should be living at the
time of his decease, to be equally divided between them,
share and share alike, on their attaining the age of 21
years, or on marriage ; but if all of - his said children
should die without attaining a vested interest therein. he
covenanted to pay 3001. more to the trustees upon the same
trusts. Mrs. Betts died, and her husband married again, and
bad a family by his second marriage, andby his will, dated
the Bth September, 1836, he gave a certain inn, called
the Greyhound Inn, and other benefits to his four chil-
dren, by the second marriage, and appointed Mr. Bowen
leis executor, and a question arose between the trustees
of the settlement for the children of his first marriage,
and the executor and devisees under his will as to the
right of the trustees under the settlement to have
the benefit of the assignment made to them.
It appeared from the evidence, that among the bonds and
securities of the settlement, there was a promissory note
to Mr. Betts for 1001. signed by two persons named
French, and a bond from a person named Baynim, for
securing lea. to Mr. Betts with interest. Some time
after the settlement Mr. Morgan, one of the trustees,
who at that time held the securities, delivered to Betts
this note and bond, who received the money due thereon,
and laid it out on the purchase of the Greyhound Inn,
with other monies of his own. On the completion of the
purchase, the trustees applied to Betts to make good to
them the monies he had received on the securities, when
Betts proposed to give them a mortgage on the Greyhound
Inn; for the whole sum of 6001., although the remainder of
that sum had been lost by the insolvency of the parties,
and a solicitor was ae cordingly directed to prepare the
draft of the intended mortgage, which he did, but it was
afterwards, at the request of Betts, agreed, in order to
save expense, that the solicitors of the trustees should
hold the deeds of the property for them, by way of
equitable mortgage. The deeds accordingly remained
with Messrs. JameS and Collins, the solicitors of the
trustees, until a dissolution of partnership took place be-
tween those gentlemen, when Betts came to their office,
and Mr. Collins, in his presence and at his request,
handed them over to Mr. Morgan, for the purpose of con-
tinuing the equitable mortgage. They remained in the
hands of Mr. Morgan until his death, when his
widow delivered them to Mr. Collins, to hold them
for such persons as might be entitled to them.
It appeared also that, when Mr. Morgan delivered the
two securities to Mr. Betts, the latter gave him an
acknowledgment in writing that the amount thereof had
been received by him, and that he had laid it out on the
purchase of the Greyhound Inn. The Learned Gentle-
man contended that under these circumstances the trus-
tees were constituted equitable mortgagees on the pro-
perty for the sues of 6001., and had a right to be made
legal mortgagees,' or to have a sale of the property for
payment oi the mortgage debt.
Mr: Awns, for the children by the second marriage,
contended that this Was a voluntary compact, and ought
not to be enforced against his clients.
Lord LANGDALE, after reciting the facts, said that
Betts, having actually received the suns of 2001. due on
the secureties, and signed an acknowledgment of having
received it, he owned it appeared to him to affect Betts
with the trust which he himself created with respect to
this sum. It was in his hands, with full knowledge of
the trust created, and he could not, therefore, under the
circumstances, free the sums in hisshaaniells from the trust
so created, though voluntarily. .wh
them out in the purchase of the inn
t subjectdi dt
o wasthe to a
equit-
able mortgage ; but he did not think that would extend
further than to this sum. He thought, therefore, the
plaintiff was entitled to a mortgage for 200/, and no
more, with consequent relief upon it. It was, no doubt,
very hard upon the parties ; but he could not take that
into consideration.
TUE ATTORNEY-GENERAL V. CHRIST'S HOSPITAL,
ABINGDON.
Mr. F.ENDEaToN, with whom was Mr. BLUNT, stated
that this was an information against the Governors of
Christ's Hospital, Abingdon, for leasing estates held by
them for the church, contrary to the statutes. It ap-
peared that from time to time various statutes had been,
made for the regulation of the property, and that the
mode in which leases should be granted was prescribed
by the 3d James
,I.
(1604). The Governors, however,
at some period unknown, had departed_
and the. estates hail been for a long period granted upon
leases for 21 years at the old rent, and surrendered at
the expiration of 14 years, and a new lease granted for
21 years more on payment of a fine.
Mr. KINDERSLEY stated that his clients, the Governors
of the Hospital, were only anxious to do the best they
could for the benefit of the charity, and were not aware
of the statutes that had been cited. He would, there-
fore, request that the case might stand over, in order to
afford them an opportunity of inquiry, whether these
statutes were revoked or affected by any.subsequent ones.
Lord LANGDALE made a decree that the letting was
inconsistent with the statute of 1604, and ought to be
discontinued ; but said it might stand over for .a week,
to see if there were any ordinances made subsequently
that were inconsistent with it.
STAMFORD V. ROBINSON.
At the rising of the Court Mr. GLASS applied for the
discharge of a party in this suit, who was alleged to be
wrongfully detained in custody, under a writ of capias.
The Learned Gentleman stated the circumstances,
which, however, were denied in toto by Mr. Kindersley,
for the plaintiff, and the motion was dismissed with
Costs, but \vial liberty to the defendant to apply again if
be should thick 13roper.
VIC—

--E-CHANCELLOR'S COURT, Noe. 12.
MS HONOUR the Vice-Chancellor of ENGLAND was
occupied the whole morning with unopposed causes,
petitions, and short causes.
(Before Vice-Chancellor IVIGRA3I).
His Honour was engaged the whole morning in
hearing a cause of Sutherland v. Briggs, which involved
no point of public interest.
(Before -Vice-Chancellor KNIGHT BRUCE.)
SEARE V. COLT AND OTHERS.
The arguments in this case were brought to a conclu-
sion to-day.
His Honour will give
The hearing
Court judgment on Tuesday morning.
which time the
°- tlit case lasted to four o'clock, at
ros,:.
His Honour will take Petitions to-morrow

COURT OF QUBEMIVCH, Nov. 12.
At the sitting of the Court this morning, ths. Right
Hon. Henry Goulburn took the usual oaths on his ap-
pointment AS Chancellor and Treaturer of the Exchequer.