The Sun.
London, England, 1848-06-12 00:00:00

children equally, with limitations over. The per-
sonal estate in reversion was limited in the
same manner, except as to the remainder over,
The real estate which was ordered to be sold was
limited as to the part in possession, the same way as the
personal estate in possession, and as to that in reversion
as the personal estate in reversion; and then came the
covenant whereby the Marquis covenanted with the
trustees, and it was declared to be the true intention of
all the parties that if the intended marriage should tyke
effect, and any property, real, personal, or mixed, should
at any time during the coverture be given, devised, be-
quathed, or any bow vested in Sophia Syer, or in said
Charles Louis Count de Croismare, in her right or in his
own right as her husband, then the Count de Croismare
would, either alone, or in concurrence with Sophia Syer,
do all such acts as might be necessary or proper for set-
tling the same, and all their interest therein, on the same
trusts as those declared of tbe reversionary personal estate.
The marriage took effect, and an undivided moiety of
certain real estate in England having descended upon
the Marchioness as heir, Mr. Master, :one of the two
surviving trustees, filed a bill to ascertain the legal effect
of this covenant, and a decree was Trade directing the
Master to make certain inquiries. The Muster found,
among other things, the execution of the settlement,
and that the Marquis was an alien Frenchman; that the
two elder of the children of the marriage were born in
France, and aliens, and that the others were born in
England, and, therefore, British subjects. He also found
the effect of naturalisation and denisation on the con-
dition of the Marquis as a Frenchman, with other par-
ticulars. On the cause coming on for further directions
on the part of the English children, it was insisted that
the convenant or the marriaee settlement ought
to be specifically performed, and that a con-
veyance should be made by the Marchioness,
on whom the property descended, to the trustees
on the trust of the settlement on behalf of the French
children, it was contended that the property was vested
in the Marchioness, she was not bound to convey, and
so it would pass to her eldest son, who, though a French-
man, would take as next of kin to her, by the late Act.
On behalf of the Marquis, it was insisted that the pro-
perty should he sold, and the- money vested in the trus-
tees on the trusts of the settlement, in which case the
Marquis would be able to derive a benefit from it. The
Master of the Rolls, after going at considerable length
into the facts of the case, and admitting that the ques-
tion was oae of some difficulty and novelty, stated his
opinion to be, that the after-acquired real property
should be sold, and the proceeds invested in the names
of the trustees of the marriage settlement.

sons to leave tumultuous essemblies when the Act was
read by the proper officers, as they could not tell to
what danger they might be Exposed; for all, after such
proclamation, were liable to be indicted for felony, and
might be transported, for the punishment had been al-
tered from imprisonment to expatriation. Thus parties
might be punished for an offence which perhaps they
never contemplated ; and in a mob they must
know how difficult it was to discriminate the
innocent from the guilty, and how easily an
innocent person might be punished. He had
felt it necessary, as representing the Lord Mayor as
chief magistrate of the metropolis, to make these obser-
vations, and he begged to remit theta to their duties
with this remark, that they bring unbiassed minds to the
consideration of the different cases, send those for trial
who seemed amenable to justice, and he was certain they
would do so with scrupulous care and anxious fidelity.
The grand jury then retired.

-----
111ARLBRO'-STREET-(THIS DAY.)
The whole time of the magistrate at this Court was
occupied in swearing in special constables. Amongst
those sworn in were—the Duke of Leeds, Lord Vivian,
Lord Henry Loftus, Major-General Sir Wm. Morrison,
Major-General Sutherland, INlajor Charles Agnew, Capt.
Charles Ibbotson, and Colonel Dundas.

NAVAL .IN TELLIGENCE.
The troop-ship Bellisle, 72 guns, Captain Kingcome,
will sail to-morrow from Plymouth with supernumerary
seamen and boys and stores for the squadron of Vice-
Admiral Sir William Parker, Bart., in the Mediterra-
nean. Her ship's company will be paid wages this day.
The Armada, 74, at Devonport, in ordinary, is ordered
to be fitted as an hospital, and navigated to Portsmouth
for service at that port.
Her Majesty's ship Canopus, 84 guns, very recently
put out of commission at Plymouth ; and the Eagle,
52-gun frigate ; and Stag, 46 gun frigate, also at Ply-
mouth, are ordered to be repaired forthwith for renewed
service.
Her Majesty's ship Bellerophon, 80 guns, Captain
Baynes, arrived in Plymouth Sound on Saturday from
Spithead.
THE ADMIRALTY.—The Earl of Auckland, accom-
panied by Lord John Russell, and some members of the
Board of Admiralty, will inspect the fleet at Ports-
mouth to-morrow, after which Rear-Admiral Sir Charles
Napier, K.C.8., commanding the squadron for " parti-
cular service," will entertain the chief naval officers at
Portsmouth, the Admiralty. and the Premier, on board
his three-decker, the St. 'Vincent. Admiral and Lady
Dundas proceeded to Portsmouth on Saturday.
THE ADMIRAL'S GOOD SERVICE PEresion.—The Ad-
miral's good service pension of 3001. per annum, which
reverted to the patronage of Lord Auckland, has been
conferred upon Admiral of the White Sir Charles Ekins,
K.C.8., an officer of high renown for actions in which
he has participated from the Dogger Bank, in 1781, to
the Battle of Algiers, in which he commanded the
Superb, 74, and was wounded; and of great professional
attainments, as evinced in his authorship of a work en-
titled " Naval Battles?'

CRIMINAL COURT.-(THIS DAY.

THE CHARTIST TRIALS.
The June sessions were opened this morning at the
Old Bailey before the Lord Mayor, Aldermen Gibbs,
Finnis, and Salomons, and the Sheriffs Messrs. Cubist
and Hill.
The grand jury having been sworn,
The RECORDER proceeded to address them. He said
the calendar as printed contained a list of about 209
prisoners; an addition of 20 more had taken place since
it was issued from the press, and tkey might reasonably
expect a further accession during the progress of their
labours. He feared, therefore, that their labours would
be far from light; but as on occasions like that on which
they had assembled, their duties were especially im-
portant in their character, he was satisfied they would
not hesitate to render their best assistance in the
public service. The cases which would come before them
were in many instances of a serious character, and pre-
sented no indication that crimes of violence towards the
person were at all decreasing. There were five charges
of cutting and wounding with intent to do grievous
bodily ham. There were three charges of manslaughter,
two of rape, six charges of robbery, and twenty-three
were charged with rioting and with assaulting police-
constables in the execution of their duty in endeavouring
to preserve the public peace. In several of the cases the
parties accused were also charged with having uttered
seditious words, but, swing to neglect in some quarter,
the Court had been left without the means of comment-
ing on any of the expressions used, and on their ten-
dency and legal effect. The cases of larceny were of
the ordinary description, and did not demand
any particular notice from the Court. With-
out a knowledge to be obtained from the
depositions as to the exact grounds on which the parties
to whom he referred had been imprisoned on the charge
of uttering seditious words, it was impossible for him to
speak except in general terms, or to what amounted to
sedition as expressed in words spoken. Still they were
not without guides and authorities on the subject, to
whom he would briefly refer, to show that the amount
of the malignity of any expression was materially
affected by the occasion on which the words were
uttered, the parties :addressed, the persons incited by
sueh words, and whether the words were addressed to
them for the purpose of inducing them to take a part in
any present or contemplated outrage, incitement to
arm, for instance, for the purpose of ffecting by force
terror, or excitement any particular illegal pur-
pose. The unlawful use of seditious words
was a misdemeanour at common law, but the offence
might amount to felony under given circumstances within
the provisions of a recent statute, but if taken in con-
nexion with a treasonable purpose or facts the offence
might amount to treason itself. He had dispatched a
special messenger for the depositions taken in the dif-
ferent cases, which ought to have been in the hands of
the officers and all the parties concerned on Saturday
last; they had but now been placed in his hands, and he
had only had an opportunity of hastily reading through
one of them. As he had said the circumstances under
which seditious words were spoken was a most im-
portant matter for their consideration. They must
not, on the one hand, infringe on the undoubted
liberty of the subject to discuss public matters with
decency, and with an honest purpose, with a view to the
public good, but on the other, parties discussing public
matters must not be permitted to act in a way utterly
subversive of that purpose, calculated to propose an evil
example to those whom they address. It was laid down
by Lord Ellenborough, in the case of the King v. Lam-
bert, 2 Campbell's Reports, page 398, on a general
proposition, that a man might lawfully discuss and cri-
ticise the acts of the Ministers and of the King, but he
must do so fairly, temperately, and with decency and
respect, and without imputing any corrupt or improper
motives, and the constitution under which they lived
would never have acquired that firm character which it
possessed if such a right as this were not conceded to the
subject, but like every other valuable right it was liable
to be contravened and abused. And Lord Chief Justice
Holt, on the other hand, said it would be one of the
greatest libels on public liberty, if, when men acted with
violence towards the state and disturbed the public
peace, they were not called to account; and again, in the
acaliseenaetfeTtahrerianffaecgtaioinnsst
of
fobthe
bettp,ehopelesh, owed that any one
writing, publishing, or uttering language tending to
was
offence of sedition, ing at the same time
upon the fact that the offence was materially aggravated
if the words were published or uttered under circum-
stances which endowed them with a mischievous and
gguriletastress
upon o
1337-the
malignant character, and as tending to " alienate the
affections of the people." It would be for the jury to
consider, when the cases to which he was referring came
before them, whether the words in question were ut-
tered in the spirit of criticism upon the measures of
Government, or whether they were of an inflammatory
tendency, calculated to produce mischief. If a party,
where a multitude was collected and excited, as they
knew multitudes always were when they had collected
in great masses, addressed, with others, speeches cal-
culated to move their hearers to acts of vio-
lence —if such an occasion had been sought by
previous arrangement to vilify the Government—
whether it be the legislature, the Crown, or the execu-
tive—if language be used with the intention, and be
vcaielcwulastoemde presentto,infla e
inflame, especially
conduct partook of the character of sedition. At all
events it was of that character and degree of sedition
which constituted the unlawful use of seditious words a
misdemeanour. A recent Act, within the provisions of
which he did not think any of the' persons charged
eo speakers e
mischief,eke rs
such
d i n
would be brought, intituled "An Act for the better
Security of the Crown and Government of these
Realms," had been passed to meet a very serious public
mischief; it was of so important a character that it
ought to made as extensively known as pos-
sible. The Learned Gentleman then recited the third
w
clause of the Act in question, with the provisions of
our readers cannot fail to be familiar. He also
t
-
entered into an explanation of the other clauses. The
object, no doubt, of the Government in passing this Act
was to punish those who, in addressing violent language
mischief than any
to tumultuous assemblies, did more practical
necessary to warn
inflam-
matory publication. It
Was
Ives at meetings of a
those who might find theins!.
likely k i to be incited to
doubtful character--meetingsicked men, of the conse-
quenceswriting in any
mischief by designing and
entailed upon them, as they
which might be
order to guard against the
felony. It was necessary, in
d the difficulty of accurately
imperfections of memory'
di
used, that the informations
recording expressions rapidly
speeches should be
might thereby render themselvese liable to a charge of
with respect to inflammatory
was
well for them to
made within six days• It
coupled'eg them open to be charged
might lay the person utteerisom.
The foreigner, who in
with an overt act of
htrata
he
would come over and as-
sassinateformer days declared t
bear in mind that words, with some other act,
overt act. He was, how-
ever,come over, was guilty
theiro attention to spoken words
anxious to draw
Aran Justice oster said, if
without any other matter.i d
the king of thifs
tchoeuntry, and
did not whor
ill
actuallyup upon
n any
d
i say to compass or ima-
sceme for carrying outth
each would be involved in the
gine the death of the
king,Learned Gentleman then referred to
same danger. The
re fomented by the injudi-
cious
the riots of 1780, which we.
conspirators met and cones.ur tem,ws,
read nearly the entire charge
of
recent date at Bristol. He
d
laidgreat
stress on those
of Chief Justice Tindal, ao
which he said that every well-disposed
calling out of the military, anti to those of more
portions in
take up arms in defence of the
was his duty to
liberties were menaced. That
state when her
citizen was a servant of the Crown, and that it
ecould recognize
rather under a magistrate than on their own authority,
except in cases of extreme eneeayeteahnd with respect to
Learned Gentleman recommended those persons to act
the preservation of the public TDB COURT.—Her Majesty, the Prince Consort,
and a citizen. He then
no difference between a s
and the Royal Family will leave Osborne House on
t of
referred to the Act of thong` .ces ,William the Fourth,
Wednesday next, for Buckingham Palace. On the fol
which authorised any two j'
s,hen the ordinary lowing day her Royal Highness the Duchess of Kent
officers were insufficient to reperseesrvattumult, to nominate will arrive at Clarence House, St. James's, from Frog-
special constables for the pr. i9n of the public more, near Windsor. In consequence of this day being
assaulting or interfering with these con-
peace, and parties oldierp
Whit-Monday (Monday not being a day on which the
stables in the execution of their
duty were as amenable to Castle is open to the public), the state apartments at the
if they bad assaulted one of the regular Castle h
punishment as
the Kot Act, and have been commanded to
force. He dwelt upon upon the ex day visitors during this day. They will be open on
treme necessity there existed for all well-disposed pe
4' Tuesday, Thursday, and Friday, as usual.

Professor Airey, the astronomer royal, accompanied
by an eminently scientific party, will visit Portsmouth
Dockyard this day, and make some highly important
experiments upon iron, &c.
The Admiralty are very much dissatisfied with the
detention of the Trafalgar, 120, at Lisbon, by Rear-
Admiral Sir Lucius Curtis, Bart., late superintendent of
Malta Dockyard, whose flag is hoisted on board of this
ship, and have sent out imperative directions for her im-
mediate roturn to England to be paid off, as at first
ordered.—United Service Gazette.

Rear-Admiral Hyde Parker, C. 8., we regret to hear,
has sustained some injury by falling down in the High-
street, Portsmouth, a fortnight since.
Mr. Bison' master attendant of Woolwich Dockyard,
has returned to his duties from leave of absence; and
Mr. Laen, who has been acting there, has returned to

the Royal Sovereign yacht at Pembroke.
Lieutenant Francis D'Aguilar, who made such a gal-
lant and successful defence against the Brazilian slavers'
attack at Bahia, will be promoted to the rank of Com-
mander as soon as he has served his two years' proba-
tion. His seniority is August, 1847.—United Service
Gazette.

The Firebrand is to proceed to Woolwich to be paid
off, having been nearly four years in commission. At
Bahia she heard of the following gallant conduct of
Lient. F. J. D'Aguilar and a prise crew of the Grecian,
16, Corn. Tindal :—The Grecian had captured a clipper
Brazilian hermaphrodite brig, with nearly 500 slaves on
board, and having placed her in charge of Lieutenant
D'Aguilar as prizemaster, with ten men, ordered him to
proceed to Bahia, the sloop following him thither. The
prize duly arrived, and anchored at Bahia before the
Grecian, and not the slightest suspicion was entertained
but that she was safe. It appears, however, that Lieut.
D'Aguilar, in the ceurse of the day, received some hints
to the effect that a combination was being made on shore
among the slavers to attempt to retake the prize, and al-
though nothing definite was communicated to him, it was
sufficient warning to him to be on the alert, and to take
precautions which evidently saved him and his men from
being massacred. The evening passed off without dis-
turbance, but, about 10 o'clock at night, several boats
from the shore were seen pulling for the brig, containing,
it was estimated, about 150 Brazilians. As they neared
the prize they were hailed, and ordered to keep off, but
with some boldness they advanced alongside. Having
approached too near to be agreeable, Lieut. D'Aguilar
endeavoured to check them by a discharge of musketry,
and this commenced a most severe conflict, as the fire
'was returned by the pirates as they dashed alongside
and attempted to board. That firmness and undaunted
bravery, however, which is characteristic of British sea-
men, were here displayed in an eminent degree, and the
Brazilians, with their overpowering numbers, were com-
pletely beaten off by Lieutenant D'Aguilar and
his little band, with a loss on the enemy's
side, it is said, of upwards of ten killed and
thirty wounded. As may naturally be supposed, where
the contest was one at close quarters, and where each of
the gallant defenders had so many assailants to wait
upon, they did not come out of the melee unscathed.
Scarcely one of them escaped a mark, and several of
them were severely wounded. Lieut. D'Aguilar received
many hurts about the head. It subsequently transpired
that it was the intention of these piratical Brazilians
to have silently got alongside the vessel, and to have
secured the prize crew. They would then have cut the
cables and made sail to land the cargo of slaves at another
part of the coast. Fortunately for Lieut. D'Aguilar and
his gallant crew, their intentions were frustrated by
their individual and collective bravery. The affair was
the theme of general applause in the squadron on the
station. The Grecian left Bahia, May 3, on a cruise,
and the slaver prize sailed the same day for St. Helena.
The Grecian is ordered home to be paid off.