The Sun.
London, England, 1833-05-07 00:00:00

TIIE FUNDS.

The funds maintain their prices. This morning Con
cols, which left off yesterday at 871% for the Account,
opened at 87i to 88 ; soon after they were done at 83.
At present they are 87- to SS.
The tnessage from the King to the House is looked
upon in a favourable view to benefit the pubic.
In the Foreign Funds little doing as yet.

HALF-PAST ONE.
Canton Papers, to the llth of January, have just been
received at the North and South American Coffee-house.
FoumosA. —We hezr that the rebellion on this island
has assumed a very formidable appearance, and that all
the disposable military force is being sent with all speed
to the province of Fokien. Some reports are afloat that
the rebel; have submitted, and that the ringleader had
surrendered to the Imperial force ; but to these reports
we do not attach much credit.

Consols have been fluctuating during the morning from
874 to 88 for the account ; at Present they are 81, with
little doing.

In the Foreign Market Portuguese Serip is at Si dis-
count ; Portuguese Stock has also improved.
The news received from Oporto, by the Nimrod, is
still a mystery.
Up to the present hour we have no political news or
reports.
Consols for the Account, 87

THREE O'CLOCK.

CLOSING PRICE:
Bank Stock ...............195
3 per Cent. Red.......... 861,
3 per Cent. C0n5......... Si'
31 per Cent. .......... 9k
9A per Cent. Ited... .... 944 T
"I„few 3i per Cent...... 9:4
4 per Cent. ................. 1 o'2
Long. Ann. to expire
Jan. 1860 ................. 167,
Oct. 1859 .................
Jan. 1860. ...... ......

3.—FOUR O'CLOCK
India Stock
Ditto Bonds .29 pm.
South Sea Stock 97i
Ditto Old Ann
Ditto New Ann. 86,4,
Ex. Bills, 10 'CI 5O pm,
Ditto 500/ 5O pm.
Ditto Small 5O pm.
Bank St. for Ace.
Consols for Acc
India S!. for Acc °2B
N FUNDS.

POREIG.
4
Austrian, 5 per cent.
Belgian, 5 per cent
Brazilian Bonds
Buenos Ayres, 6 per cent, 24.,-
C
liii3'.6 per cenr. ..
.. 21
Columbian, 6 per cent 143
Ditto, 18124 l7
Danish 73
Greek, 5 I,er cent. , 826 :11
Mexican, 5 per cent.
Ditto, ti per cent 331
Peruvian, 6 per cent

I Portuguese, 5 per cent MI
Ditto, Reg. Scrip 4
Prussian, 5 per cent.
Russian Bonds, 5 per cent lO3
Ditto, Metallic
Spanish, 5 per cent l9
Ditto, 1823 l7
French 5 per Cent.... —t' —c.
Exchange
French :1 per Cent —t: —c.
Dutch, per cent 46
Ditto, 5 per cent B5l

COURT OF CHANCERY.-(THIS DAY.)

MILTON OYSTER DREDGEING GROONDS,-.-2419S WICKHAM

2. SIXTY FISHERMEN.
Considerably before the Court opened this morning,
there was the gre itest bustle in the Hall ; and upon
On the LORD CHANCELLOR taking his seat, he stated he
had received a letter, signed by two of the persons against
whom the attachments had issued the other day, on be-
half of them-elves and forty-eight others, praying to he
heard; and his Lordship wished to know whether
there was any professional gentleman present on their
behalf. On being informed in the negative, he observed
that he had wished to have communicated to those men,
through their solicitor or counsel, that he had no power
to hear them, and that he could not do it.
Sir EDWARD SUODEN said, that as the subject had been
mentioned by his Lordship, he thought it right now to
state that this was the case in which, a few days ago,
attachments had been issued against fourteen fishermen,
for having broken the injunction of the Court, restrain•
ing them from dreedging in the Milton fishery grounds,
which belonged to the plaintiff, Miss Wickham ;
that the officer who went to execute the warrants was
unable to take the men into custody, and he (Sir Edward)
had been informed this morning that sixty of them had
come to town, and were at the door of the court in order
to represent their case to his Lordship.
The LORD CHANCELLOR directed, there being a number
of police at the door who prevented them from entering,
that the doors should be at once opened to the men's admis-
sion. In a minute afterwards the court presented a very
unusual and interesting scene, being quite filled principally
by the poor men in their usual fishing costumes, and with
all the bluntness characteristic of them and of their em-
ployment. When silence was obtained,
The Loan CHANCELLOR inquired what Sir Edward
Sugden had to say ?
Sir E. SUCHEN stated that the order for that attach-
ment had been regularly made, and he was not aware of
any ground whatever on which the individuals now in,
Court were entitled to disobey ir. They had been heard
against the acts now complained of frequently, and
on ail occasions the decision had been against
them ; still, in defiance of the law, they had gone on to ex-
ercise what they alleged to be their rights, in open viola-
tion of the orders made against them. Miss Wickham
was as unwilling as any human being could be, and he, as
her counsel, was so also, to throw theca men into prison.
The inconvenience that would attend such a course to
themselves, and to their families, could not fail to be greet
indeed : still they were bound to be obedient to the law,
and he hoped they would no longer continue to persist in
a course that was as disgraceful to themselves as it was op-
posed to justice.
The Loan CHANCELLOR observed that there were
four or five of them who had been represented to have
been more violent than the others, and he should like to
see them stand forward before the bar, in order that he
might hear what they had to say on the occasion.
Francis South, William Elson, Thomas Gore,
Ackherst, Phillips, and Foulkes, were then
called upon, and took their places as directed.
The Loan CHANCELLOR then inquired of South if he
desired to say any thing, or if he would rather that any of
his comrades should speak ?—South preferred that Elson
should address his Lordship.
William Elson then expressed himself in the most col-
lected and unhesitating manner as follows, and for an
oyster-dredgeman, who could neither read nor write,
seemed in no inconsiderable degree to astound some of the
literati present :-111y Lord, it is with the greatest reluc-
tance I have to come before your Lordship on behalf of
myself and others ; but 1 hope your Lordship will over-
look all our imperfections. As respects the proceeding,
we certainly have done wrong in going through the in-
junction ; but we most humbly pray,
The Loan CHANCELLOR—What you now say does you
very great credit indeed, and I hope it is the feeling of all
of you now present.
Elson continued—We most seriously pray that your
Lordship will take it within your consideration, and if
there is any thing to be done to alleviate our distresses,

you will undertake our case, and we throw ourselves on
your mercy. My Lord, under the circumstances, we
thought we had a just right to go and dredge for these
oysters upon these grounds. Our forefathers bad done
so before us; we have indentures which specify we are free
tisherme►► on these w•iters of Milton, and at the expiration of
our apprenticeship we had to pay a fine of 3/. before we could
be admitted to work on these grounds ; by paying that
fine, &c., we considered we had a title to go there. But
it appears, my Lord, there has, from time to time, of late

years, a lease been given; how this lease has been got up
is not for me to say. As it respects law, we are
totally ignorant of it, and we have no means to justify
ourselves by law. These leases were at first granted
only at a pepper-corn rent ; these ground leases were at
100/. By some means the east ground and the west
ground were joined together; it took place in 1784, on
our opponent's estate, but this was quite unknown to us.
We always thought that Stangate Creek was considered
as our home, but we are told by Mr. Hind our opponent,
and steward for the lady, that we have no right or claim
there. We consider that the Lady of the Manor
or the Lord of the Manor has no claim any more than
ourselves. We don't know whether that is right or whe-
ther they can claim below the six o'clock tide or not.
My Lord, this is an arm of the sea—it branches into the
Medway and goes towards the Nore, and we really don't
know whether we can claim that as our right, or whether
it belongs to Miss Wickham, to be worked. In 1816, or
before that, there was one of our Company laid
oysters on the west part of the east ground—be
caught them, sent them to market, and dispose('
of them in the manner which be thought proper,
unmolested, and unasked for any rent by any one. Be-
tween 18 6 and 1820, part of the Company laid oyeeis
in what we call the water of Shade. They laid those
oysters and brood ; when they came to perfection they
then got them, sent them to market, or sold them, on.
molested and unasked for rent by any one. A lease
was got up, in 1824, when Mr. Hind told us we
could not go to work without we signed that
lease. None of us were capable of understanding the pur-
port of it, it was not read over to us, neither could we read
or write, but we were positively told that unless we signed
it we could not go to work again there. Under the most
pressing circumstances we knew not what to do—we were
in a state with our families of starvation—we signed it,
and considered that by signing it our rights would be con-
tinued. Instead of that, my Lord, by signing that lease
our opponents say it has given them a title; and we now
submit our case to your Lordship, knowing and humbly
trusting your Lordship will do justice to us. Elson ie-
spectfuily bowed in conclusion, having evidently excited
the sympathy and good feeling of all who heard him.
The Lotto CataswErAott immediately said—l am sure
that nothing could be more proper than what you have
said ou this occasion, and that the rest of the men have
been very fairly and very well represented by you I have
great pleasure in telling you. You say, and very properly,
that at present you have not the assistance of Counsel, snit
that it is a matter of law to be examined into and
disposed of, which, you justly observe, you are not
capable of doing. There I entirely agree with you;
but, then, when the case was before te Court at an
earlier period—some time back, before his Honour the
Vice-Chancellor, and afterwards before myself in this
Court, you had the benetit of as able professional men as
it was possible for you to have, and who exerted them
selves with great zeal, leaving no one thing unsaid that was
likely at all to benefit your case. The whole of your case,
therefore, that you have now stated, and a great deal
. . .

more, was brought before the Vice Chancellor, and after-
wards, before me by those learned and professional counsel
you then had. Well, all those matters were then
taken into full consideration ; and, after a Vera
laborious trial, because it was thoroughly gone into, both
by the Vice-Chancellor and myself, and not sati,fied with
that, i❑ case there should have been anything urged after
it came before me, that was not submitted to his Honour,
we together went into the matter, the Vice-Chancellor

went over the papers again with great care, and I, besides
having paid the greatest attention to it when the subject
was discussed before me, went into the case again, and
both his Honour and myself discussed it in conversation,
and, upon all the circumstances, we came to the

conclusion of agreeing to the judgment he had come to.
So that you see the whole of your case as far as it wa►
p,issible for men to go into it, was gone into by us,
and our decision has been unfortunately against you,

as might happen to any suitors. If that decisim.
injures you or wrongs you in any way, it can either be foi
the one or the other of these reasons—either that the law

is unjust and harsh upon you,—w hich I ant very
far from supposing, becaus.:. I see no objection
whatever to the law in that respect—or tha
I and the Vice-Chancellor have not decided with the law,
but against it, and that you are right, and we wrong.
There is no other way of accounting for the difficulty, in
which you are now placed. I plainly tell you that I believi
we have decided with the law. I have no doubt wbatevet
of it, and that you and I must ”hey the law, whatever i
is. If we are mistaken, and have misapplied the law,
then you are not without your remedy ; then you may g
to the highest tribunal—the HOU9C of Lords—
and get our judgment reversed ; but I wont,
by no means advise you to try that. I have never
seen a case clearer than this appeared both to the 1, we•
Chancellor and myself to be against you ; therefore, my.

ynion is, you can only submit to the law of the land, i- a
t is tit- bounden dray of evens goo,l and honest subject to
10. Now, you see, that being the case, they applied see
this last injunction, and as 'you say, most properly, end
, which does great credit to yourself and your friends. Vt le
did very wrong to break it. As Sir Edward S'gden
said, who'spoke when you came in, the rich and the I)" r
t are exactly on a footing with regsrd to proceedings of tl a
sort. For your satisfaction I will give you an instance ot
that; it is not two years ago since a Member of Parlia-
ment for a large county—the county of Essex—very rich,
and of the highest connections in this country—ewa
nephew to the Duke of Wellington, and own nephew to
the Marquis of Wellesley, was sent to the Flest Prisor,
where he remained, I think, about six week+, because of
doing exactly what you have done—breaking the injune-
!ion of this Court. Notwithstanding being a Member of
Parliament then, and his great connections, which
never enter into the mind of the Court upon such
an occasion, he chose to be disobedient and con-
tumaciuus to the orders of the Court, therefore
lie was sent to the Fleet. I tell you this merely to
show you that this Court makes no distinction or diffe-
rence whatever between the highest and humblest of his
M interest Majesty's of all to obey the
law—if once we get out of it, the whole country will be
involved in confusion and utter destruction ; hut so long
as courts of justice firmly execute the law, and so long as
the subjects peaceably obey it, then, happen what will, this
country, gensrally speaking,will be happy and safe. Now the
best advice I can give you is that profiting by the expe-
rience you have had, you should come one and all to a
determination to obey the order of the Court—that is the
low of the land. I believe there is no disposition on the ptr
of the lady of the manor to push her rights one inch
further than is absolutely necessary for the protection of
her rights ; and I believe, and say in the presence oft;hose
who represent that lady, if you turn over a new leaf it
will be better for you.—(The men siruultaneoosly bowed.)
Sir EDWARD SUGDEN said he was very anxious to give
them an opportunity of considering what had fallen from
his Lordship, and he hoped that upon that consideration
they would see the propriety of submitting to the law of
the land ; but there were three men, Smith, Ackherst, and
Phillip, who had used great violence towards the
officer of the Court, and he felt bound to press for the
execution of the warrants against them, if they would
not now positively pledge themselves not to oppose
any further obstacle to the protection of the lady's
rights. With respect to the others, he would consent to
their returning home; but he had to press for the ex- cs-
tion against the three named, except under the term.. stated
The LORD CHANCELLOR (addressing the men)—lf
you will take me for your counsel, I will give you this
advice: by the law of the land this Lady has got a rigl t
to execute these warrants against the whole foutteen of
you, against whom they were applied for. She
considers it would be fit to execute them against
three or four of you, who were guilty of snore violence
than the others, and that she will execute them
unless you will give her a satisfactory assurance,
which I will take to he given to me, and not to her ; and
in that way it will be more binding on you. Now I
strongly recommend you to take that course and give me
that assurance, feeling that you were wrong, and that you
will do so no more, but behave peaceably and obediently
to the orders of the Court.
South—My Lord, there ate seven hundred men, women,
and children, whose bread and existence depends upon
this ! What are they to do ? Are they to remain in a
state of perfect starvation ? How lone will they be able
to do so? Our opponents have certainly been menaced by
harsh words, but they aggravated me to do so—they called
me a scoundrel, and many other names, otherwise I would
not have done it.
Sir EDWARD SUDDEN assured his Lordship that from
the manner in which these poor men were now exercising
what they supposed to be their rights, they were working
the grounds so injudiciously, and without capital, that the
hope+ they had of subsistence from it would very soon dis-
appear; but in a very few months the grounds would be
let to some capitalist, and these were the very men who
would then be employed regularly in the dredging, and
being so under judicious ni inagement, they would be made
much more comfortable than they ever had been.
The Loan CHANCELLOR had no doubt, from what the
Learned Counsel bad just stated, it would he much inure
prudent and more advantageous for the fishermen to adopt
this course ; " but do not," said his Lordship, "combine
together and conspire against this lady or her rights.
Combinations and conspiracies are only the consequence
of excited feelings, and especially when people are in dis-
tress they are too apt to resort to them." His Lordship
entreated them to go home quietly, after making the assur-
ances he had requested, and he was convinced in less than
six months, they would have to express their gratificatirn
that they bad done so. At the same time, if they did not make
those assurances, they would have to go to the Fleet Pri-
son, as Mr. Wellesley had done, from whence, after re-
maining it might be months, they could only be released
in making submission to the Court.
South said, that as to damage being done to the fisheries,
all fishermen agreed that what had been done by them had
greatly increased the value of those grounds, because thes
had removed the mud and filth, which was going on to ruin
the grounds, and rendered it clean and fit for use.
The LORD CHANCELLOR then put the question to them
respectively, whether they would hereafter obey the in-
junction, and be permitted to return home peaceably, or
not ?

South and Elson readily agreed, but Ackherst and
Phillips hesitated much, and fenced considerably with the
question from the Bench. They considered that, by their
indentures, they were authorized to work in these watets.
They had served his Majesty, and had always been peace-
able and obedient to the law.
The LORD CHANCELLOR—I can tell you it is as well, or
better, for men to be good subjects, and obedient to the
law, in time of peace, as to serve the King by orders du
ring the war; but this you ought distinctly to under-
stand—that the order of this Court is the King's order.
Phillips said, with considerable wartnth,---,, my
Lord, as long as I have breath in my body, I intend to get
my living from those grounds."
The Loan CHANCELLOR—And you intend to break the
order of the Court ?
Phillips—No, Ido not. Ido not intend to go on
Miss Wickham's grounds, but certainly to get my living on
these grounds. My Lord, if your Lordship liberates me
now, I shall be dredgeing there to-morrow.
The LORD CHANCELLOR strongly recommended Pail-
lips to reconsider his statement. The other readily as.
seated not to violate the injunction.
Sir EDWARD SUDDEN said, from the course the thins,
had taken it was right he should say it was not to he con-
sidered that Miss Wickham was prosecuting or persecuting
these ny.n. Her rights had been intrusted to her profess.
sional advisers, and she had nothing further to do in the
affair. He (Sir Edward) was himself Counsel fir these
men on a former occasion, and though he might have
failed in their behalf from inability, yet be never in
the whole course of his life took more pins
for any client or clients than did on that
occasion. Besides, it was necess sty it should be
known that the alleged rights of these men hol been tried
spun an issue before Lord Tenterden, and afterwards before
Lord Eldon; so that there had been very few cases in
which so many powerful minds had been brought to its
consideration.
Mr. CHINO stated that he was in the case for these
men when it was list before the Court, and also observed
:hat he had done every thing in his power in their behalf,
but the decision of the Court was against him, and lie
.aw no reason to be dissatisfied with that judg-
ment. If, however, the men thought they had any
sew points to submit to his Lordship, and they would
sccept of him as their gratuitous counsel, he would, if on
,onsideration he should think fit, advise a notice of motion
o be given to dissolve the injunction, and then take the
earliest oppor'unity of exerting his utmost ability for them.
The LORD CHANCELLOR considered this handsome on the
part of Mr. Ching, and likewise assured the men that if they
iesired to litigate the question further before him, and
were too poor to employ professional 111,11, both an
attorney and counsel should be retained for them. IN
Lordship recommended Phillips to withdraw iv
few motneno, and consult with Mr. Cinog ; he die
so, and on returning to his former position in Court, hi
assured his Lordship that he would not, as the other men
had promised, go upon the grounds again to thedg
for oysters; but refused to say that he would not go upun
the grounds to catch floating flub.
Sir EDWARD SUDDEN observed that the terms of the
injunction were, to restrain them from going upon the
grounds, or from dredgeing there for oysters.
Mr. CHINO Stliitllitted that these were too extensive
terms ; that the injunction to that extent never could be
sustained, because surely men were not to be prohibited hy
this Court from going upon the open sea to take floating fish
The LORD CHANCELLOR agreed with Mr. Citing. He
considered it could not have been intended to have pre.
versed the men from going upon the sea to take floating
fish. He was content to take the assurance of
that he would not take or dredge fur oysters upon those
groun-!s in defiance of the injunction; anti, ►„;_
wouldi7ft
they act in violation oft e
urousrea"tevaho of
hadail ittlirieeadyl est;
neither
taken the
mouths
Lordship told them they might II IIO,V retort
an I quietly to their homes, like, as he had no d
ha 1 heretofore been, good and honest subjects.