The Sun.
London, England, 1833-11-09 00:00:00

JUDGMENTS.

An intimation was posted at the foot of the Court,
that at the rising of the Court the Loan CHANCELLOR
would dispose in judgment of Winchester v. Lawes ;
Lord v. Kellett ; Wiswould v. Gaetze ; Shore v. Lee ;
and Turner v. Ford.

---
VICE-CHANCERY COURT.-(THIS DAY.)

THE EARL OF SHAFTESBURY V. THE DUKE OF MARL-

BOROUGH.

This case, which was part heard yesterday, came before
the Court, upon exceptions to the Master's report. On
the petition of Lord Charles Churchill, a reference was
made to the Master to enquire w"uether certain property,
situated in and near Winchwood Park, was part of the pro.
perty devised to the petitioner, or whether it was property
to which the elder brother of the petitioner, the Marquis
of Blandford, was entitled. The Master reported, 14
years ago, in favour of Lord Charles Churchill, and ex-
ceptions were taken a short tiote since to that report
which exceptions now came before the Court.
His HONOUR directed that an action of ejectment
should be brought by the person possessing the legal
estate, against Lord Charles Churchill, who had been in
possession of the property since the report to try the right,
no legal bar being to be set up by either party.

SPILSBURY V. BURDETT AND OTHERS.

The bill in this case was filed by the plaintitl, Mr.
Spilsbury, aeainst the defendants, Sir Frances Burdett,
W. Jones Burdett, J. Wilson, Anthony Harding, sad
others, for a discovery and production of certain deeds of
1750 and 1787, for the purpose of enabling him to pro-
ceed with actions of ejecttnent he had instituted against
the defendants. The defendants had demurred to that
bill, and in that shape the ca.,e now came before the
Court. The grounds of the demurrer were that, if
the bill was one for relief, no equity had been
shown, and if it were a bill for discovery, it was
contrary to the practice of the Court to grant such an
order as was asked on furtherance of a suit at common
law.

His Florroutt considered the Bill multifarious, and or-
dered the demurrers to be allowed.

ARRIVAL OF THE LORD MAYOR.

Shortly before three o'clock, the new Lord Mayor,
attended by the lite one, the Recorder, Common-
Sergeant, and other City Officers, entered the Court,
and invited his Honour to the dinner at Guildhall this
evening.

COURT OF EXCHEQUER.-(THIS DAY.)

The Court was occupied the whole morning
with the case of Stebbing v. Lord Huntington,
which was not finished at one o'clock. The Judges
then retired, in order to wait the arrival of the Lord
Mayor and other civic authorities. They again
came into Court at a quarter past two o'clock, dressed
in red robes (the Lord Chief Baron wearing his
chain of office), and black caps. The Lord Mayor
accompanied by the Recorder the late Lord Mayor, Alder-
men Winchester, Lucas, Marshall, and the two Sheriffs
of London then entered the Court and took their
places in the seat usually set apart for the King's
counsel. The Recorder then presented the Lord
Mayor to the Court, and, in a splendid speech, set forth
the conspicuous events that have distinguished the year of
office of Sir P. L .urie.
The Loan CHIEF BARON then addressed the Lord
Mayor elect on the nature of his official duties, and
congratulated the late Lord Mayor (Sir P. Laurie) upon
the manner in which he had discharged the
duties of his office, and returned thanks to him in the
name of the public for the distinguished manner to which
he had so discharged those duties.

The usual oaths were then administered to the Lord
Mayor.
CHARLES J3rowN, EsQ., was then put in as the City
Solicitor in the Court of Exchequer, which was duly
recorded.

The late Lord Mayor was then sworn to his accounts,
and the procession retired in the way it entered.
CAPTAIN ROSS

accompanied the authorities in uni,orm, but unfortu-
nately was not known till he was half way out of the
Court.

It appeared to be regretted by Lord Lyndhurst that he
Was so late informed of the presence of so interesting a
personage.

COURT OF KING'S BENCH-(THIS DAY.)

THE KING V. WM. MORTON PITT, ESQ.

This was an appeal by the defendant, the proprietor
of certain land that had been allotted to him upon the
enclosure of a common in the townehip of Tan&ld, in
the county of Durham, against a poor•rate. The ques-
tion came before the Court upon a special case, as to the
construction of the local Act of Parliament.

The particulars of the case were wholly uninteresting,
and the Court, after hearing the arguments of Counsel,
affirmed the rate.

The LORD CmEr JUSTICE, in the course of the morn-
ing, briefly gave judgment on the following cases which
had stood over.

BROOK V. CROWTHER.
In this case a rule for a new trial was granted.
DOE DEM. TIIE BEDFORD CHARITY SCHOOL. V. nAT-

Tlf IA SON.

His LORDSHIP, is granting a rule for a new trial in this
case, said, as the circumstances were of P. peculiar nature,
it should not be placed on the new trial paper.

DOE V. KINGFOOTE.

nil LORDSHIP said, as the Learned Judge, who tried
this calm, v,ought the verdict to he against the weight of
evidence, the rule for :-, new trial mu-t issue.

SMITH V. WILKINS.

The Court thought that the application for a new tria:
in this case must be refused.

THE KING V. GREGORY.

The defendant in this case his been convicted under a
local Act of Parliament for erecting a nuisance, viz , for
electing a house in the county of Surry, wi,hin the dist-
ance from the road prohibited by the clause of that Act.
The case now came before this Court by wiy of ap-
peal on the ground that the building was only erected on
the site of a wal: which had stood there f.r many years.

After bearing the arguments of Mr. Paws fir the ap-
pellant, and Mr THESSIGER for the trusters of the roads,
the Court confiruled the judgment of the Court below.

MARYLEBONE OFFICE.-(THIS DAY.)

ATTEwer OF A PATH Fll. TO DROWN HIS OIVN
Sox.-111S morning William Martins, a shoe-maker
residing in Camden-town, a fellow of ruffianly aspect, was
brought before Mr. Hosxnis by Police constable 208, S,
charged with throwing his s'in, a boy about ten years of
age. into a deep miry ditch at the back of his house.
The boy being questioned about the father, tremblingly
replied, that his lather dropped him into the ditch, but
whether by accident or desi2n he could not say.
The father, in reply to the charge, first said that it Was
an accident, but afterwards stated that it was done by de-
sign to frigheen the child. He was intoxicated at the time.
The prisoner, after a severe lecture from the magic.
trate, was discharged, to the astonishment of every one.

HUDDERSFIELD MARKET.— There was not
quite an average quantity of business transacted at this
market, last Tuesday, but what was done, was effected
at prices rather higher than those of the preceding week.
__Halifitx Express.
BRADFORD MARK ET.—The transactions in
stuff goods of all kinds were much the same as those of the
preceding Thursday; low goods and wool, however,
were most in demand, and fully maintained former prices.
__Halifax Express.

LEEDS MARKET, TUESDAY.—In the
mixed or coloured cloth hall, mote business has been done,
than on the preceding week ; prices much the same. In
the white cloth hall very little business has been tran-
sacted.--Halifax
HALIFAX MARKET.—The business done
goods at this market, last Saturday, was rather
as higher prices were currently demanded by the
manufacturers, on account of the rise in wool, but which
v
in some instances acceded to by the merchants:
--Halifax Express,
I lin acme stuffrtie ed o
etd, n .—HalVax Express.
y

ARMY COMMISSIONS.

TO THE EDITOR OF THE SUN.

Sta,—ln a former letter I ventured to impugn the
accuracy of his Grace of Wellington's statement respecting
the purchase of commissions in the army, and threw out a
hint that this originated limn a desire on his part to ad-
vocate the interests of a particular and exclusive class—of
those " men of fortune and education," to use his own
words, who have some connexion with the interests and
fortunes of the country besides the commission which they
hold from his Majesty." Unfortunately for that cottony,
the connection in question has too often been with the
pension list, through the medium of a selfish and profligate
party in the state (well known to his Grace from being
one of the Aristocracy), and oozing through a multiplicity
of channels, which will require the collected energy 01: a
Reform Parliament to purify, considering the source from
whence they emanated. He is, however, still more un-
happy iv his calculations respecting the military govern-
ments; so much so, as to excite my surprise that the
" Select Committee" should have allowed th•-ir respect
fir a great name to blind their eyes to the obvious inle-
curacy of a document to which they appear to attach much
importance, unless we are to consider this as a mere
passing compliment, since they have wisely avoided at-
tending to its recommendation. But I must not, in the
spirit of his Grace's " Memorandum," make assertions
without proof, and will, therefore, proceed to unveil a
little of the disingenuous mystification practised by the
Tories, when their beloved sinecures are at stake.

" There are about thirty of these governments," quoth
his Grace ; but I assert, without the fear of contradiction,
that there are upwards of twice that number, exclusive
of the Colonial ar.,l other Governments in which actual
duty is performed. lam aware that many of these situa-
tions are otherwise designated, but they are not the less
:inecurtis, unless we descend to the paltry equivocation of
adhering to the mere formality of a name, an I leave the
Lieutenant Governors, Deputy Governor, C iptains of
Forts and Castles, Szo., out of calculation ; a petty sub-
terfuge, scarcely worth noticing, had it not bee❑
made with the apparent intention of deceiving. Let me,
however, make the matter more evident, by stating the
number of these sinecurists —perhaps not with perfect accu-
racy, but approaching it as nearly as possible in the absence
of the necessary documents. There are 40 Governors, 18
Lieutenant- Governors, four Deputy. Governors, five Cap-
tain, or keepers of forts and castles, a Constable of the Tower,
with a Lieutenant and Deputy-Lieutenant, and, though
" last ❑ot least," a Constable and Lieutenant of Windsor.
These situations are held by three Field Marshals, 22 Gene-
rals (17 of whom have regiments), 14 Li, uten int-Generals
(five of whom have regiment:), nine Major-Generals
(one having a regiment), nine Colonels, eight Lieutenant-
Colonels, and six civilians. Observe, Mr. Editor, that I
have excluded from my enumeration, the Lieutenant-Go.
vernors of Portsmouth, Plymouth, Jersey, Guernsey, Gib-
raltar, Ste., because, although these places have governors,
they are non resident ; the Lieutenant-Governors, there-
fore, being the persons to whom the responsibility of the
situation is attached, ought not to be classed under the
same head as their principals.
" There are 30 of these governments," quoth his Grace.
I think the above detail will prove that those " rogues in
buckram," the holders of the aforesaid 30 governments,
have, like Falstaff s, multiplied exceedingly ; and I cannot
sufficiently express my astonishment that his Grace should
have ventured to make a statement so much at variance
with the actual facts of the case, He appears, however,
to have been looking through the reverse end of the tele-
scope, by which means the objects have been proportion•
ably diminished, and some 50 or 60 governments reduced
to 30; but the public are not to be deceived by so retro-
grade a process, and will, I trust, see their way clearly in
spite of those Tory cuttlefishes, who blacken the water
in order to hide the abuses of the "good old times" from
observation.

It is a remark of the Duke's, that many of these go-
vernments" are essential to the service ;" but I think I
can easily prove, if a position so evident requires proof,
that out of the whole of those I have enumerated, there
are scarcely twelve to which any duty or responsibility is
attached. To show this more clearly, I will point out a few
instances, from whence the manifest absurdity of these
situations, which the Duke, nevertheless, maintains "are
essential to the service," will become evident. The Isle
of Wight has a Governor (the Earl of Malmesbury), a
Lieutenant• Governor (General Archdall), a Captain of
Cowes. Castle (General the Marquis of Anglesea), a Capt lin
of Carisbrook Castle (Major General Sir W. Paterson),
one of Sandown Fort (Sir W. Wynne), and another
of Yarmouth Castle (Major• General Sir J. Waters).
Are all these " gentlemen pensioners" essential for the
protection of an island scarcely fifty miles in circumfer-
ence, and which appears to have possessed, like the
polypus when divided, the power of imparting vita-
lity to its scattered fragments ? Why, Sancho's government
of B irataria was nothing to this ; and yet, forsooth, the
Duke says they are essential. They are unquestionably
essential to the pockets of the holders, but in what way
they are essential either to the " service" or the public,
notwithstanding his Grace's eloquent "memorandum,"
remains yet to he proved. But to proceed. We have a
Constable of the Tower (the Duke of Wellington), a Lieu-
tenant of the Tower (Colonel the Earl of Munster), and
a Deputy Lieutenant (Col. Sir T. H. Doyle, Bart.),—
" three misbegotte❑ knaves in Kendal green." I beg his
Grace's pardon—l was thinking of Falstaff. We have
also a Constable and Lieutenant of Windsor (General the
Marquis of Canynghain), but no—the most noble Marquis
is defunct, and his situation now held by the Earl of
Munster, who has been replaced in his Lieutenancy of the
Tower by another—these comfortable sinecures being
quite aristocratic and kingly in their nature, and never
dying. That must surely be one of paramount import-
ance, which, on the demise of the general who held it,
devolves upon a young colonel, who is chiefly indebted
for his present rank to the somewhat dubious honour of
his birth, which poor Savage little thought, when he
ironically described its advantages, would, in aftertimes,
lead the fortunate possessor to riches and distinction. But
I will dwell no longer on the subject, having, I think,
said enough to prove that these situations are not in any
way essential to the service; being merely excrescences
arising out of a corrupt system, evil in itself, anal therefore
producing evil.

A remark of the Duke's, however, at the conclusion of
his " memorandum," must not pass without observation.
" That which is under consideration," he says, "is whe-
ther the King is to be deprived of the power of rew,rtling,
in the way long practised in the service, 30 officers, at an
expense comparatively trifling." Thirty again !
but let that pass. Has his Grace then forgotten
the situations of Commander•in.Chief—Alaster General
of the Ordnance, Adjutant and Quartermaster General,
Commander of the Forces in Irelend, General Officers of
Districts, Governors of Colonies, the Commander-in-
Cnief in the East Indies, and G"nerals of the various
Pre•idencies, the Governor-in Chief of Canada, the
Woods, Malt 1, Gibraltar, &c. &c., with the end-
less multitude of staff app dattnents connected with these,
in addition to the 120 regiments to which I before
slightly alluded. Surely this very imperfect enumeration
of the military situations in the gift of his Majesty, will
prove that our gracious Sovereign is by no means limited
in his power of rewarding those who have served hint
faithfully ; and the Duke's fear lest the King " should be
under the necessity of seeking the sanction of Parliament
previous to conferring such reward,," viz , the sinecures
in question, can only b 3 considered as the querelous com
plaint of one who has ever been the strenuous upholder of
those abuses which a Reform Ministry are now endeavour
in 4 to remedy. As to "the evil consequences which
would attend this novel mode of proceeding," and wi,icl
his Grace so pathetically deprecates, they are the mere
creatures of his own imagination ; since the system recom-
mended by the Committee, without being the mettle co
withholding an adequate reward front those who had per-
formed distinguished services, would unqutnionably ope-
rate beneficially to the country, by preventing its bounty
limit being capriciously or unworthily bestowed.

V INDEX.

At Jedburgh, on Friday List, an old man of
the name of William Wilson, more generally know n, per-
haps, under the designation of " the Jeddart poet," died ii,
great agony in consequence of having fallen during the
preceding night into the file of the room in which he was
sleeping. He had, it appars, risen out of b,il fir the
purpose of procuring some water to drink, and on doing so
had fallen against the grate. Stunned by the fall, an'
besides, it is feared, under the influence of liquor, he was
unable to extricate himself from his situation until his
head and one of his sides had been so severely scotched as
to render every remedy unavailing.— Kelso Mull.
A letter, dated New York, October 10, has
been received from Mr. Ex Sheriff Parkins, addressed ti
Mr. Remington, one of Rowland Stephenson's late partners.
from which it appears that, after a long continuance of t ita
proceedings in the American Courts, it has been decide',
in the Court at Albany, that the Ex Sheriff has the power
to keep Stephens in in gaol till he disgorges the inone
bdonging to him ; and as lie finds no chance of escape, li
(Stephenson) has expressed himself ready and willing ti•
answer any questions relative to the transactions of himself
and his partner prior to and at the failure of the bank, and
to show in what way he has disposed of the money taken
with hina to America.