The Sun.
London, England, 1859-03-15 00:00:00

THE POLICY OF LORD CANNING.

In Parliamentary papers published yesterday we
find the reply of the Secretary of State for India to
Lord Canning's defence of his Oude proclamation.
Lord Stanley writes as follows, under date of Dec. 9 :
" My Lord—Your lordship's despatches, No, 2613-,
to the Secret Committee of the East India Company,
dated the 17th June, and No. 17A, of the 4th July,
to the Court of Directors (in the Foreign Depart-
ment), having been considered by her Majesty's
Government, I now proceed to offer such remarks
upon them as they appear to demand.
" The first of these despatches is a reply to the
letter of the Secret Committee of the 19th of April,
commenting upon the proclamation issued on the 3d
of March to the talookdars and other landholders
of Oude, after the re-occupation of Lucknow by
British troops ; the second is in reply to the let-
ter of the Court of Directors of the 18th of May,
conveying a resolution of confidence in your lordship
passed by the court on the 10th of that month. In
both of these despatches' you explain and vindicate
the course of policy which you adopted in issuing
the above-mentioned proclamation
.to the land-
holders of Oude.

" I do not propose to follow, paragraph by para-
graph, the elaborate arguments contained in these
letters. They have been considered with the atten-
tion which was due to the high character and the
distinguished position of your lordship ; and I
observe with satisfaction that the policy indicated
in the document adverted to, as regards the claims
of the talookdars and other proprietors in Oude,
has not in practice been adopted by you, and is
declared, on your own authority, never to have been
intended to have been carried into effect. How-
ever indiscriminate and unsparing may have been
the sentence of confiscation which your proclama-
tion pronounced, that sentence has not been put in
force; and the issuing of it would appear to have
been merely a menace, designed to strike awe into
the minds of those still arrayed in arms against the
British Government.

" Though anxious to support your authority, and
to regard in the most favourable point of view any
explanation of your public conduct which you
might have to offer, her Majesty's Government
cannot alter their previously expressed opinion with
regard to the policy which, in this instance, you
have pursued. They cannot think it wise for a
Government, either in Asia or in Europe, to utter
threats on which it is not meant to act ; and they
apprehend that the tendency of such threats, when
addressed to insurgents in arms, is to drive into
desperate and hopeless resistance some, at least, of
those who might be induced to submit by an invita-
tion couched in more lenient terms. They are,
however, glad to receive and ready implicitly to
accept your assertion that the practical effect pro-
duced upon the minds of the people has been but
small. They learn with satisfaction the personal
explanations, to which you refer as having been
given by your desire through tho officers of
your Government, have dispelled the alarm which
its contents were likely to excite. And the whole
ttnor of your lordship's administration in India,
and the moderation of language and of action which
you have known to preserve in circumstances of
unusual difficulty and universal excitement, confirm,
if confirmation were needed, the assurance which
you have given of your intention to deal in a spirit
of mercy and justice with those whose rights ap-
peared to be imperilled by the language of your
official declaration.

" While her Majesty's Government adhere to the
opinion expressed by them respecting that declara-
tion, it seems to them needless further to comment
on a document which has been practically cancelled
by yourself;
sand whilst regretting what they can•
not but consider as a mistaken act on your part,
they desire publicly to express their full approval
of your general policy, and their confident hope
that the measures taken by you for the suppression
of insurrection in India will at no distant period
lead to the entire pacification of that country.—
.
I have, &c.,

(Signed)

" STANLEY."

Orders have been forwarded from the Horse
Guards to the head-quarters of the Royal Engineers
establishment at Chatham, directing a surveying expedi-
tion of the Royal Engineers to be held in readiness to pro-
ceed to Montenegro, for the purpose of making an accurate
survey of the boundary line to Constantinople. The officers
named to accompany the expedition are Captain Cox and
Lieutenant Sitwell, R.E. Another expedition of the Royal
Engineers is also in course of formation, for the purpose of
proceeding by the overland route to Persia, to survey the
Turkish and Persian boundary line.- This expedition is
likely to be absent from England three years.
FEARFUL GALE ON THE CUMBERLAND COAST,
AND Loss OF LlFE.—Onoc
om,ul
commenced
de
on heaviesti Thursday
os
df
a yfl
the
many -
n gales
that have this winter dealt death and destruction on the
aernoon
when Cumberlandilie sloopc Hope,
o as t, Robert Charnley, master, from Liver
pool for Whitehaven, when near Ravenglass, struck on
sokirt Rop KO immediately Went down, the,captain and
all hands perishing. Another vessel, a schooner, was seen
to go down near the same place, but further out at sea,
name unknown ; all hands lost. On Friday the Mary Jane,
of Fleetwood for Newhaven, was driven by the violence of
the gi-11Q on Pllore! The vessel being light, and the tide at
flood, she ran up ou the beach high and dry, at Braystones.
Seyeral vessels have put into that port, some dismasted,
others with loss of sails, ,SEc..Altogether the gale, especially
on Friday, is described by old sailors as one of the mc,4
fearful they ever witnessed,—Mandester Examiner,

BAILIE

"GENCE,

LONDON AND SOUTH-WESTERN.
REPORT OF THE DIRECTORS.
The directors announced in their report to the
last meeting of the proprietors, on February 10th,
1859, that they had agreed to take the Epsom and
Leatherhead Railway, recently completnd by an
Independent company, at rn annual rent of £2,000,
with conditions for its merger into this company's
undertaking, and that at a fitting time the pro-
prietors would be called together to consider the •
terms, and would be asked to confirm the arrange-
ment. The time has now arrived.
A special meeting has also been rendered neces-
sary as regards the other two purposes mentioned
in the advertisement, merely to sanction, in a more
formal manner, matters which have already been
submitted and approved of by former meetings. To
these, therefore, the directors will first refer.
The terms on which the Wimbledon and Epsom
line is to be worked by this company were explained
to the proprietors, and approved of by them, at the
half-yearly meeting on August 7th, 1858. The line
is now completed, and will be opened for traffic
early in the ensuing month. It is simply necessary,
therefore, on the present occasion to pass a formal
resolution approving the agreement which will be
submitted to the meeting.
The terms on which the Portsmouth Railway is
to be leased to, or amalgamated with this company
have also been fully explained and approved on
more than one occasion. The working of, trains
over it in the meantime has been undertaken by
this company, oh terms which, so far as the law
will allow, are the same as if the lease of that line
to the company had already been executed. A
formal agreement for this working arrangement
will also be submitted, and the respective agree-
ments will then be in a state to receive the ap-
proval of the Board of Trade.
With respect to the proposed dealing with the
Epsom and Leatherhead Railway, the directors
have only to state, that this company being so
largely interested in the working and proprietor-
ship of the Wimbledon and Epsom line, they. have
.deemed it very desirable that the company should
secure to itself the ownership of the four miles of
railway running south from Epsom, and constitut-
ing the Epsom and Leatherhead undertaking. These
four miles have been constructed by an independent
company, and will thus become an important feeder
to the Wimbledon and Epsom, and South-Western
lines. The directors have accordingly made a pro-
visional agreement for its purchase, and for working
trains on it, until the purchase can be completed.
The terms of arrangement are as follows :
The company are to purchase the line, within six
months after the passing of the act authorising the
same, for £50,000 in cash.
Or, in the option of the South Western Com-
pany, for £50,000 four per cent. South Western
Preference StOck, or £40,000 five per cent Pre-
ference Stock.
The South Western Company is to work trains
over the line in the mean time.
The agreement for carrying out this arrangement
between the two companies, which has already been
approved at a special meeting of the Epsom and
Leatherhead proprietors, will be submitted to the
approval of the South-Western proprietors at this
'netting. By order,
L. CROMBIE, Secretary.
Waterloo-bridge Station, March 14, 1859.

LAW INTELLIGENCE.-(THIS DAY.)

HOUSE OF LORDS.

(Peers present—The Lord Chancellor, Lord Cranworth
Lord Wensleydale, Lord Kingsdown, and other Peers.)
APPEAL.-JUDGMENT.--THE BARTONHILL COAL COMPANY

AND OTHERS V. WASK.

At the conclusion of the arguments of counsel in this
cause, their lordships retired to consider their judgment.
The Lord Chancellor said that a verbal agreement to alter
the terms of a written lease might be proved by parol evi-
dence—rei inlet ventus—and also by the facts and circum-
stances of the case. His lordship affirmed the first four
interlocutors appealed from, reversed the fifth and sixth,
and remitted the case to the Court of Session to direct an
issue to try the fact whether the landlord (the lessor)
agreed to allow the appellant (the lessee) to open
a communication between his coal mine of Bar-
gaddie and the neighbouring coal mine, and to work
therein. His lordship agreed with the Lord Ordinary
in holding that the letters and reports that passed between
Messrs. Horn and Ross, writers to the Signet, and •Mr.
Langdale, civil engineer, were privileged communications,
and could not be produced ; and quo ad ultra, the Court of
Session are directed to deal with the cause according to
justice.

The other peers entirely concurred.
Council in the cause :—Mr. Rolt, Q. C., and Mr. Anderson,
Q.C., for the appellant; Sir R. Bethel, Q.C., Sir Hugh
MacAlmont Cairns, Solicitor-General, for the respon-
dents.

COURT OF CHANCERY.

(Before Vice-Chancellor, Sir Richard Torin 'Cindersley.)

JUDGMENT.—IN RE miNsiur's TRUSTS.

His Honour, the Vice Chancellor, said—This was a mo-
tion to discharge an old order appointing trustees to execute
the trusts of the will, who were now dead, and a petition to
appoint new trustees in their place. The testator, by his
will, devised his real and personal estate to trustees to pay
certain legacies to his daughters and their children, and an
annuity to his wife for life. The will was executed in
1794, and comprised a field, near Doncaster, the Bull's
'Head Inn, there, and five or six small cottages, and he
directed his trustees to collect the rents of his property,
pay the legacies and annuity, and thereafter to sell the
same and divide the residue amongst his relations. On
the death of the trustees, Mr. John Skidmore, as heir-at-
law, and others, entered into possession and sold part of his
estate, viz., the field at Doncaster. An application was now
made by petition to appoint new trustees to carry out the
purposes of the trusts. His Hlsnour discharged the old
order, and allowed the petition for new trustees to be put
on the paper pro forma, when he will appoint new trustees
to carry out the objects of the trust in the testXtor's will.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fonblanque.)

IN RE SCHLESSINGER, SCHLESSINGER, AND PARVITT.
_ - .

These bankrupts were described as of 9 and 10, Basing-
hall-street, general merchants and drysalters, and to-day
was appointed for consideration of their certificates. The
court was crowded throughout the whole proceedings, there
being several notices of opposition.
Mr. Linklater appeared for the assignees, to oppose on
general grounds and on personal charges against the bank-
rupt. Mr. Lawrance, and other gentlemen, also appeared
to oppose on behalf of other creditors. Mr. Bayley appeared
for Charles Parfitt, the bankrupt, and Mr. Roxburgh for
the Schlessingers.
Mr. Linklater said that before going into the general
grounds of opposition he should take the individual oppo-
sition of Mr.Parfitt, one of the assignees and father of Chas.
Parfitt, the bankrupt, and who was a creditor of the firm
to the amount of between £3,000 and £4,000, besides
£l,BOO given as a premium on Charles Parfitt enter-
ing into partnership with the bankrupts. He (Mr.
Linklater) said that he should adduce evidence, and if he
made out his case hi respect to the last ground of opposi-
tion, which was against the Schlessingers, it would prove
the case to be one of the most wilful and wicked misrepre-
sentation and fraud.

Mr. Linklater then proceeded to state the case, which
has been the subject of many an examination, and
published at great length. The misrepresentation was
general as to.the state of affairs when the partnership was
entered into with Charles Parfitt in March, 1857, when he