The Sun.
London, England, 1846-04-25 00:00:00

Bat he denied that they had exhausted the powers at their
disposal. They had the power of special commissions ; had
that been tried and failed? It was said that it had
been tried in the case of Brian Seery, and failed.
This was not so, for they executed their man. They secured
their victim, though there was a deep feeling of doubt and
mystery regarding that affair in the minds of the people of Ire-
land. The Special Commission had succeeded. There were
only five counties in Ireland in which the horrible crime of
assassination prevailed, though that was not to the extent that
had been represented, and they might try a Special Commis-
sion in each of these.—( Hear hear.) This would be a cheaper,
fuller, and better means of meeting the evil than by the Bill
before the House. Until they had fully tried them, they were
not in a position, fairly and equitably, to ask for such extraor-
dinary powers. They could also increase the police ; and they
had other powers which they eould call into operation.
Therefore, until they tried these, and others like these, under
the existing law, he could not Consert to their asking for such
a Bill as that before the House. Their case was not complete
until all these had been tried and failed. At present their
case was—

" But half made up,
And that so lamely arid unfashionably
That dogs bark at them as they pass by."
But it was to those wl.o had been aptly termed the under-
takers of Ireland that they owed the present Bill. They
hated the people of Ireland on account of the Maynooth grant
and the Corn Bill, and they now made tools of the two Right
Hon. Gentlemen opposite. They had, in consequence, the
Government, on the one hand, attempting a noble revolution,
and at once abandoning the errors they had formerly professed ;
and, on the other hand, sunk in the mud and mire of cruelty,
tyranny, and unchristianity in respect to Ireland.—(Hear.)
He had said that Government had net used their power for
the advantage of Ireland. They had not even in the cause
of that desolation—they had not, in the whole course of their
legislation, once touched on the causes of crime in that
country.—(Hear, hear.) What were those causes? He
would tell them, not in his own words, but from the very re •
cords of that House. He would show them that the outrages
of the landlords had induced the outrages of the peasantry.
The extermination of the tenantry led to the assassination of
the landlords.—( Hear, hear.) The state of that country
neithertere
hamdorheeehnolr4,lloo yess e
jetehtamnehttsh,at of a national
system of murder between these classes, and he found
in the appendix, that from the ears 1827 to 1833 (five years
winas
all) there
popu-
lation of 40,100 turned out of their houses. The
a eisHcon.
Mem-
ber then proceeded to read at length quotations from the
charges of Lord Chief Justice Pennefeather, from the evi-
dence of Messrs. Howley and Lloyd, Sergeants-at-law, and
others, with the view of showing that the legislative Acts
which had reference to Ireland were drawn up to favour the
landlords, while they oppressed the tenants. He did not wish
to detain the House too long—(Cries of " Oh !" and ironical
cheering)—but he could not help thinking that it evidenced
the feelings of the Government towards Ireland, when not one
Irishman was considered worthy of holding a situation of trust
in that country. He would, with the permission of the
gentleman House,
intimately read,
acquaintedis, oomhe dqn
ao
acted
;wet
di
to
hna t frs
omnn
ott
rh
fore re
and evidencelargeestates oh f
of
f tlreland,h er gentlemaneaa
n d
who was therefore competent to form an opinion upon the
matter. He meant Mr. Wiggins. The Hon. Member read
quotations from that gentleman's evidence to prove
his argument that Ireland was unjustly dealt with.
The example of the Marquis of Ormond was often pointed to,
and what was this example? Why the performance of his
duty. There was a volume of Irish history in that. The
general rule in Ireland was for the Irish landlords to disregard
their duties, although they so closely observed their rights.
He held in his hand a heart-sickening detail of exterminations
in Ireland. The first case he would refer to was that of Mr.
Shea, of Blackmore Lodge, in the county of Kilkenny. ( The
Hon. Gentleman then read from a pamphlet, which detailed a
course of persecution which had been adopted by an Irish
landlord for the purpose of exterminating certain of the Roman
Catholic tenantry.) The proceedings of Government had
already engendered crime in Ireland, and this mea-
sure would drive the people to worse crimes. He
held in his hand a copy of the Cork Examiner, from
which it appeared that from the Gerrard property 80 families,
including 457 individuals, had been ejected very recently;
from another property in that neighbourhood, 19 families, con-
sisting of 95 individuals; from Sir Francis Hopkins', 37 families,
including 218 individuals ; from another property nine families,
including 53 individuals; from another property one widow
and her family, consisting of eight individuals ; from Lord
Waterford's property 270 individuals; and from another 170
individuals, making a total of parties evicted recently in the
neighbourhood of Cork, of 1,271 human beings, who were in
fact exterminated by their landlords from the land of their
birth.—( Hear, hear.), Those were the first fruits of their
Coercion Bill—that was the prestige of it.—( Hear, hear.) The
Government had talked of the moral effect of this coercive
measure, but the effect of it was this, that the moment the
landlords of Ireland learned the intention of the Government to
introduce it, they commenced evicting their unfortunate tenants,
who were driven to desperation. This Coercion Bill had in fact
encouraged the most immoral acts.—(Hear, hear.) Let the
Government go on with their Bill; let them push it forward.
It was a measure for which they could patch up a majority from
all sorts of discordant elements. They could certainly pick up
something like a majority to coerce the Irish people and the
Irish Members, but the Government and those who supported
them must take the responsibility—the responsibility of the
death of the people would be upon their heads ; but the said
grief, and misery, and desolation of the country would be with
the poor of the laad.—(Loud cries of " Hear, hear.") He
would wish to make a few observations with respect to the in-
efficiency of the coercive measures that had hitherto been in-
troduced by the Government. He could quote to them
authorities from their own reports, Commissioners, and Blue
Books, to show that such measures, instead of pacifying, have
driven the people to despair. The people of those portions of
the country where coercive laws had been in force had
been examined before Commissioners of the Government,
and they unanimously stated that the effect was to enrage
the people, and the consequence was, that the number of crimes
and outrages were far greater than before those laws came into
operation. And the Right Hon. Mr. Blackburn, the Master
of the Rolls in Ireland, had given evidence to the same effect.
He regretted that the night had so far advanced, because he
had abundance of evidence to adduce in support of the stand
which he had taken against the Bill, and there were several
Hon. Gentlemen behind him who had also mountains of evi-
dence to adduce against this most odious measure.—( Hear,
hear.) The Right Hon. Gentleman the Secretary-at-War had,
in support of this measure, brought forward as an argument
that the narrower the ground was, the greater was the neces-
sity.—( Hear, hear, and laughter.) He conceived that that
was a fair deduction of the argument of that Right Honour-
able Gentleman. It certainly was an argument wor-
thy of the cause. He wished to ask what man would
be safe if this measure were passed?—(Hear, hear. )
Every rank would suffer, but the lower ranks particularly, be-
cease the wealthier classes had now ample means of protecting
themselves against its clauses. The peasantry weuld be con-
fined to their cabins, their smoky and unwholesome huts, from
sunset to sunrise, and if they dared to leave them, they would
be liable to the horrors of transportation.—(Hear, hear.) The
powers of the stipendiary magistrates of Ireland were already
sufficiently great, but this measure would enlarge them to a
most unreasonable extent.—(Hear, hear.) The Hon. Member
then read a series of documents for the purpose of proving the
increase of crime in England as compared with that of Ireland.
During the last four years murders had increased fully
eight per cent; arsons had increased twenty-eight per cent.
There was just one circumstance to which he would allude be-
fore he hurried to a conclusion.—( Great laughter.) He could
not object to Honourable Gentlemen laughing, but he con-
sidered they had no reason to do so, as he bad not the power
of rising to address the House at an earlier period of the even-
ing. What, however, he referred to was the state of the
tenure of land in Ireland. The present Lord Chancellor of
Ireland had introduced a plan that had been found to work
well. He introduced the system of giving leases of thirty-one
years in those tenanty cases that came before him ; and he (Mr.
O'Connell) thought that if a similar plan were adopted gene-
rally the best results would follow. He had now to thank the
House, and he did so sincerely, for the attention and silence
with which they had heard him in discharging what he con-
ceived to be a solemn and imperative duty.
Captain JONES said he could assert that not a single eject-
ment had taken place on that property.
Mr. H. GRATTAN said he had heard that 277 families had
been ejected from the property in question.
After a few words from Mr. S. O'BaZEN and Mr. M-
O'Cosarent,
Lord GEORGE BENTINCK said he believed there was
not a more humane landlord in the country than the Marquis of
Waterford, and he hoped he would have an opportunity of re-
futing those charges.
On the motion of Mr. M'CARTHY, the debate was then
adjourned.
The ether orders of the day were then disposed of, and the
House adjournd at Half-past One until Monday next.

PARLIAMENTARY BUSINESS.
(From the Votes and Proceedings of the House of Commons.

FRIDAY, APRIL 24.
The following Petitions for Railways were reported, and th• Bills
•rdered to be brought in by the undernamed Hon. Members :
Thames Haven Dock and Railway (No. 2)—Mr. Bramston, Mr. G.
Palmer, and Mr. R. Hodgson.
Trent Valley, Midlands, and Grand Junction—Colonel Anson and
Lord A. Paget.

on Monday
RAILWAYS.
Select Committee on Group No. 27.
Mr. Marshall, Mr. Bright, and Mr. Hampden selected, and added
to the Committee, vice Mr. Edward Ellice, Lord C. Hamilton, and
Mr. Rashleigh, discharged.
Select Committee on Group No. 20.
Sir T. D. Acland and Mr. P. Carew selected, and added to the
Committee, vice Mr. Redin&ton and General Morison, discharged.
The Committee of Selection have nominated the following Select
Committees on Railway Groups :
meAy.Ceoini:mmirt.teTe.copi.iswisitiiiniegmo.f,—anCdoltoinleelllFeno.ziiV. ismcoucnhtoCiilinvoe,s,,,Coefiaepßyta,autino.
whom they have referred the Bills comprised in Group No.
Rail-
way Bills, viz. :
Caledonian and Dumbarton Junction,
Scottish Grand Junction.
meet Monday, May 4, at twelve.
Direct,f—Sir W. Clay, Earl Jermyn, Viscount
and Mr. Curteis, to whom they have re-
D}, CaledonianeuTrhtbheiateSelect
rdle,cDClydeocuoiimej, Northerneaiunt
cited:i:col
eaitgiaz
i o
A Committee cons
Group
Bills comprised in No. 13 of Railway Bills, viz.:—
and III':
Extension,
Caledonian Railway .
oDnednal3s-o'n, Lord Both= Mr. J.
flenigreesdtrteh,ehßlr. Ainsworth,
Glasgow and Belfast Union,
y(44., ait„ihtzawlf-ip:iatml2.
Glasgow, Dumfries, and Carlisle,
NNS,Cicyo:orrrtettstdih:leißhßrneirrsaiiirt
iniilsd(thh:Ge((uGC:rnlar:efrior
tlwinesaalseyßß,Erritaannt Extension),
5:1.,0 n ) ,
Caledonian (Langliolm Branch).
to
in Group No. 18 of
London and Salisbury and Yeovil Ju.nletatiiim(t,w,loirß.llisr),,,
,es,
wA
1.
Alio'lliitSe
llel Committeeeytc. Select
lCommittee
s,
seconsistingl rep feerei o
ctoi
hynf
of--Dig.
meet
iv,
io,
na. s
comprised
Railway Bills, viz. :
Wilts, Somerset, and Weymouth,
London, Newbury, and Bath Direct,
Exeter, Yeovil, and Dorchester,
Exeter Great Western,
(Nottingham and (1-fantham Ju'ilvAio* n---),
London and South-Western (Basingstoke and Salisbury),
Soinersetshire Midland,
sir A. L
London, Bristol, and South Wales Direct.
The Select Committee to meet on Monday, Tray
w4,haot;ne.
th'i. have*
ylle:lAtcyr,rCommitteelllksceociluetyis,i;sptariiiiiisdgedsoifir,—GTlr.loil.. p N 0 .
35 co Railway Bills, 'z'
East Coast,
and Boston,
Ambagate, Nottingham,
IGlortiii,uNneiewea,rk, and Sheffield
Midland (Clayeross to Newark),
Midland (Erewash Valley Extension),
Nottingham, Mansfield, and Midland Junction,
Midland (Nottingham to Mansfield),
Midland (Erewash Branches).
The Select Committee to meet on Tuesday, May 5, at half-past 12.
A Committee consisting of—Mr. W. Miles, Sir T. E. Colebrooke
Mr. Barklßills comprised y, Mr. Bellew, nd 3,lroup r. Chapman, to whom they have re:
forged the a
hi G No. 43 of Railway Bills, viz.:—
Leeds and Thirsk (North-Eastern Extension),
5, at one.
drallierrasyton, Mr. W. Bahl%
East and West Yorkshire Junction,
Leeds and Thirsk (Nidderdale Dale),
York and North Midland (Whitby and Pickering Extension),
Great North of England (Bedale Branch),
Great North of England (Booughbridge Branch),
Leeds and Thirsk (St. Helen's Deviation).
meet onnt e
of—Viscounta
Viscount 'Villiers, Mr. Douglas, and Colonel Reid, to whom' they have
referred the Bills comprised!
k hi
irGeroup No. 44 ofßailway Bills, viz.:-
1 Lancashire and North Yor
lc% ,
The h
Cs
onl Selectmi
Committee
tCommitteeee
Liverpool, Manchester, and tl
liorthumberland and Lanca§hiro Junction,
wcas e-uaoll-Tylae Junction,
consistint;

York and Carlisle,
Yorkshire and Glasgow Union,
Blackburn, Clitheroe, and North-Western Junction,
Clitheroc Junction,
Fleetwood, Preston, and West Riding Junction.
The Select Committee to meet on Tuesday, May 5, at one.

- -
The Committee of Selection have appointed the Select Committers
on Groups 22, 23, 26, 31, 52, Si, and 55, to meet in the week com-
mencing Monday, May 11.

RAILWAY COMMITTEES.

(YESTERDAY.)

Su-Commitee .
This Committee met at three o'tclockNo 2. ,
pursuant to adjournment,
Sir J. Y. Buller In the chair, and proceeded to give the postponed
decision ou the

33 r 33 EP ORD AND TAVIS TOC .
The case was heard on Thursday. and some points were reserved
for consideration.
The CHAIRMAN now stated that the Committee had resolved to re-
port that the standing orders had mot been complied with.
The Committee then adjourned sine die.

Sub-Co
This Committee met shortlym mittee
after one o'clock, in room No. S
;cloisters), air. Aglionby in the chair.

NORTE' DEVON.
The ease of this Bill was partly considered before the Easter recess,
and was now resumed.
The allegations not previously gone into were considered ; and
after hearing evidence the Committee resolved to report that the
sianding orders were not complied with.
The Committee then adjourned.

Sub-Committee No. 6.
WARWICK AND WORCESTER.
This case occupied the whole day. Several allegations were sus-
tained, and the standing orders were not complied with.

ELEVENTH REPORT FROM THE
SELECT COMMITTEE ON RAILWAY BILLS
CLASSIFICATION.
The Select Committee appointed for the Classification of Railway
Bills according to the Resolutions adopted by the House, and who
are empowered to report from time to time ; have further con-
sidered the several matters referred to them, and agreed to report
as follows :
Your Committee recommend that the East and West India Docks
and Birmingham Junction Railway be placed in Group No. 56.

FRIDAY NIGHT'S GAZETTE.
WHITEHALL, APRIL 23, 1846.
The Queen has been pleased to appoint the Right Honour-
able George Earl of Aberdeen, K.T., to be Lieutenant and
Sheriff Principal of the shire of Aberdeen, in the room of
William George Earl of Erroll, deceased.
WHITEHALL; APRIL 24.
The Queen has been pleased to direct letters patent to be
passed under the Great Seal of the United Kingdom of Great
Britain and Ireland, granting unto Matthew Charles Howard
Gibbon, Esq., the office of Richmond Herald, void by the
promotion of James Pulman, Esq., to the office of Norroy
King of Arms.
DOWNING-STREET, APRIL 24.
The Queen has been pleased to appoint Alexander
Stewart, Esq., to be Master of the Rolls for the province of
Nova Scotia.
FOREIGN-OFFICE, APRIL 21.
The Queen has been pleased to approve of Mr. Thomas
Roberts, as Consul at Milford Haven for his Majesty the
King of the Belgians.
The Queen has also been pleased to approve of Mr.
Thomas Haire, as Consul at Gibraltar for the Grand Duke of
Mecklenhurgh- Schwerin.
FOREIGN-OFFICE, APRIL 22.
The Queen has been pleased to approve of Mr. James
Henty, as Consul at Launceston, Van Diemen's Land, for
his Majesty the King of Prussia.
Commission by the Queen.
2d or Eastern Regiment of Norfolk Militia—Captain W. P.
K. Browne, from the 49th Regiment, to be Adjutant, vice
Guthrie, who retires, April 2.
Commissions by the Lord Lieutenant of the County of
Norfolk.
The Hon. E. T. Wodehouse to be Deputy Lieutenant,
April 9; the Hon. B. Wodehouse to be Deputy Lieutenant,
April 10 ; W. Norris, Esq., to be Deputy Lieutenant, April
14; T. Kerslake, Esq., to be Deputy Lieutenant, April 15.
Commissions signed by the Lord-Lieutenant of Surrey.
To be Deputy-Lieutenants—John Courage, Esq., George
Scovell, Esq., Samuel Palmer, Esq., Algernon Perkins, Esq.,
and James Forbes Young, Esq., March 21.
Commissions by the Lord Lieutenant of Middlesex.
Royal East Middlesex Regiment of Militia—G. M. Innes,
Gent., to be Ensign, March 26.
Royal Westminster Regiment of Middlesex Militia—S.
Ralfs, Gent., to be Lieutenant, April 2.
Royal West Middlesex Militia—W. C. Clayton, Esq., to
be Captain ; A. R. Ridgway, Gent., to be Lieutenant ; W.
B. Parker, Gent., to be Lieutenant ; H. Austen, Gent., to
be Ensign, April 23.
Commissions by the Lord-Lieutenant of Northamptonshire.
Northamptonshire Regiment of Militia—Q. Vivian, Esq.,
to be Major, vice Lord Burghley, promoted, March 26; J.
S. Capron, Esq., to be Captain, vice Davison, resigned, April
3 ; R. T. Clarke, Esq., to be Captain, vice Christie, resigned,
April 4; W. Christie, Esq., to be Captain, vice Young, re-
signed, April 18; E. Griffin, Gent., to be Ensign, April 4.
Commission by the Lord-Lieutenant of the North Riding of
Yorkshire.
North York Regiment of Militia—R. W. Jackson, Gent.,
to be Lieutenant ; W. W. Harland, Gent., to be Ensign ; R.
B. Booth, Gent., to be Ensign, April 15.
Commission by the Lord Lieutenant of Devonshire.
East Devon Regiment of Militia-4. C. Harris, Esq., to
be Captain, vice the Hon. N. Fellowes, resigned, Feb. 28 ;
H. Churchill, Gent., to be Lieutenant, March 31 ; G. L.
Dade, Gent., to be Ensign, Feb. 11; C. C. Wills, Gent., to
be Ensign, March 19.
North Devon Regiment of Militia—E. Moore, Gent., to be
Lieutenant; T. H. Harrison, Gent., to be Lieutenant, Feb. 6.
Royal First Devon Regt. of Yeomanry Cavalry—J. M.
Wolcott, Gent., to be Lieutenant, vice Cockburn, deceased ;
E. Ethelston, Gent., to be Cornet, vice Wolcott promoted :
A. K. E. Hamilton, Gent., to be Cornet, vice Barges, pro-
moted, April 2.
Commission by the Lord Lieutenant of Lanarkshire.
Royal Lanarkshire Militia—W. J. C. Anstruther, Esq.,
(not W. J. C. Anstruther, Esq., as stated in Tuesday's
Gazette), to be Captain, vice Everard, resigned, March 23.
WHITEHALL, APRIL 17.
The Lord Chancellor has appointed Charles Marsh Lee,
of New Sarum, in the county of Wilts, Gent., to be a Master
Extraordinary in the High Court of Chancery.
BANKRUPTCIES SUPERSEDED.
Thomas Reynolds, cheesemonger, Cow-cross-street.
William Beynon, button manufacturer, Birmingham.
BANKRUPTS.
Edward Clifford, wheelwright, Minster, Kent, to surrender
May 2, at eleven, and May 30, at half-past eleven, at the
Court of Bankruptcy. Follett, official assignee, Sambrook.-
court, Basinghall-street ; Butterfield and Venour, Gray's Inn-
square.
Philip Kieft, cheesemonger, South-street, Manchester-
square, April 30, at two, and May 30, at eleven, at the
Court of Bankruptcy. Follett, official assignee, Sambrook-
court, Basinghall-street ; Spiller, Camomile-street, Bishops-
gate-street.
William Chamberlain, grocer, East Dereham, Norfolk,
May 5, aud June 5, at twelve, at the Court of Bankruptcy.
Belcher, official assignee; Storey, Gray's Inn-place, London;
Gillman, Norwich.
Thomas Williams,'merchant, Fenchurch-street, May 1, at
eleven and June 5, at one, at the Court of Bankruptcy.
Pennell, official assignee ; Peile, Great Winchester-street.
Thomas Elisha Deacon aud Frederick Day, brewers, He-
mel Hemstead, Hertfordshire, May 7, and June 11, at eleven,
at the Court of Bankruptcy. Turquand, official assignee,
Old Jewry Chambers; Gresham, Castle-street, Holborn.
Robert Bone, grocer, Durham, May 4, at eleven, and June
12, at one, at the Newcastle-upon-Tyne District Court.
Wakley, official assignee, Newcastle-upon-Tyne; Crosby and
Compton, Church-court, Old Jewry ; Thompson, Durham ;
Hoyle, Newcastle-upon-Tyne.
Thomas Jackson, worsted spinner, Salterhebble, Yorkshire,
May 5 and 26, at eleven, at the Leeds District Court. Hope,
official assignee, Leeds; Jaques and Co., Ely-place, London;
Stocks and Macauley, Halifax ; Courtenay, Leeds.
Thomas Buckworth, mercer and draper, Nottingham, May
8 and June 13, at eleven, at the Birmingham District Court.
Valpy, official assignee, ; Sale and Worthing-
ton, Manchester; Motteram and Knowles, Birmingham.
William Henry Wilson and Richard Vause, merchants,
Hull, May 6 and 27, at eleven, at the Town-hall, Hull. Ky-
naston, official assignee, Leeds; Hick, Gray's Inn, London;
Holden and Son, Hull.
Benjamin Bensley, printer, Monmouth, May 5, at one, and
June 9, at eleven, at the Bristol District Court. Acraman,
official assignee, Bristol; Nicholas Monmouth; Bridges,
Bristol.
J. Buttrey, commission-agent, Manchester, May 6, and
June 10, at twelve, at the Manchester District Court. Pott,
official assignee, Manchester ,• Gregory, Faulkner, Gregor
and Skirrow, Bedford-row, London ; Hampson and So
Manchester.
William Miller, commission-agent, Manchester, May 7 and
28, at twelve, at the Manchester District Court. Hobson,
official assignee, Manchester; Gregory, Faulkner, Gregory,
and Skirrow, Bedford-row, London ; Cooper, Manchester.
PRICE OF SUGAR.
The average price of Brown or Muscovado Sugar, the
produce of the British possessions in America, computed
from the returns made in the week ending April 21, 1846, is
345. ld. per cwt.
[Dividends, Sze., in our Next.]

LAW INTELLIGENCE,
ROLL'S COURT, April 24.

PINCIIERILLI V. PHILIPS.
This was a motion to dissolve an injunction, which had been ob-
tained by the plaintiffs, Messrs. Pincherilli and Co., merchants of
London and Smyrna, to restrain the defendants, Messrs. Philips and
Co , merchants, of London, from making use of a bill of lading for
twenty-five chests of opium, which they had consigned on the de-
fendants.
It appeared that the plaintiffs (who had become insolvents) were
indebted at the time of the shipment of goods to the defendants in a
general account of 2,3001., and the defendant had been in the habit
of accepting bills of exchange in liquidation of debts arising
o blot' orders that had been executed by the plaintiffs. On the
resent occasion the defendants considered that it would be more
advisable to depart from their usual practice, and set the amount of
the opium to the credit sidejof their account with Messrs. Pincherilli
and Co. The plaintiffs then obtained the injunction which it was
now sought to set aside.
The arguments having been concluded,
Lord LANGDALE, in delivering judgment said, that in July, 1845,
the plaintiffs suffered severely froit a fire that occurred at Smyrna,
and to such an extent as to be unable to pay the demands against
them. However, being persons of credit who had carried on business
respectably for a considerable time, they hoped,and not without reason,
to obtain sympathy and assistance from their friends, notwithstanding
he losses they had sustained. In this they succeeded, and amongst the
lends who assisted them were the present defendants, who advanced
them a sum of 1,5001., for the payment of which they stated they
would afford them sufficient time. There were two bills given for this
sum, one for 4001., the other for the remainder of the loan,
and it was alleged that the former was to be paid at the time it be-
came due, and with respect to the latter it was of course natural to
suppose that, though the defendant was anxious to afford accommo-
dation to the plaintiffs, he did not resign his right as
a creditor. Accordingly it was expressed in a letter to
tho plaintiffs by the defendant that he entertained a
hope that remittances would he made ft oni time to time o:i account,
There appeared on both sides a desire for mutual accommodation.
A letter had been written by the plaintiffs, whu resided at Smyrna,
to the defendant, which stated that it would be for their
mutual advantage, if there were time granted for the pay-
ment of their account. This showed the position in which
the parties stood with relation to each other, and the knowledge the
defendant possessed of the state of the plaintiffs pecuniary affairs.
They must now come to the correspondence that took place, which
was adduced as evidence of the contract which the plaintiffs al-
leged to exist. The first letter respecting the transaction out
of which the present proceedings had grown was dated
the 27th of January, 1846, and was from the defendant to Isaac Pin-
cherilli at Smyrna, giving an order for twenty-five chests of opium,
stating that he would give him the usual reimbursement on their ac-
count. Now, under ordinary circuinstanee, it could not be supposed
that the words " usual reimbursement" had any other meaning than
that the defendant meant to regard the opium as a payment of his
account. But, this occurring shortly after the circumstances of the
plaintiffs had become known, and after the receipt of
that the plaintiffs should be: considered, by the defend-
antble to make a shipment of the extent
as being a
it. Mr. Isaac Peneherllli
required without being paid for
a letter to that effect, it could scarcely be expected
purchase the opium, paid for it
iacted
he on this drawing bills of exchange.
His Lordship having gene in dad by saying, that he saw no'
which was very voluminous, soneluded
tion and ordered that the motion Alietud
reason to dissolve the
Co
,__ _ _
111. aimoottanta, eo view,veriendwasayh,
1,0 dieMl4ed, and At M PIO VY