The Sun.
London, England, 1832-01-30 00:00:00

WM. MACLEAN;

(Signed)

Secretary.

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

MANDAMUS,

On a former day Sir J. SC A RLETT moved for and obtained a
rule, calling upon the Right Hon. Lord Durham to show cause
why he refused to permit a gentleman named Johnston to act as
Deputy to Lieutenant-Colonel Fane, and to do the duties of that
officer as a Clerk in the Privy Seal Cffice. It was then stated
that Colonel Fane, by his patent of appointment, was authorised
to nominate a Deputy—that he nominated Mr. Johnston, but
that Lord Durham (Lord Privy Seal) refused to allow him to
enter upon the duties.
The ATTORNEY-GENERAL this morning, in shewing
cause against the rule, read several affidavits and a variety of
letters that had passed between Mrs. Fane (the wife of Lieute.
nant-Colonel Fane), Mr. Johnston, and Lord Durham,
from which it appeared, that a Mr. Jackson had held
the situation of Keeper of Records, in the Ptivy Seal
Office, but that, in consequence of Lord Durham having
learned that Mr. Jackson and Lieutenant-Colonel Fane had
been dealing largely in accommodation bills, many of which
were made payable at the Privy Seal Office, and dishonoured ;
and that Mr. Jackson had misappropriated some money belong.
ing to some other person in the establishment, his Lordship dis-
missed him ; that subsequently Lieut.-Colonel Fane appointed
Mr. Jackson as hisdeputy clerk in the same office, but Lord Dur-
ham refused to receive him upon the ground before mentioned ;
that in August, Mr. Johnston, who was stated to have been the
friend and agent of Mr. Jackson, was appointed the Colonel's de-
puty, but that Lord Durham refused to allow him to act ; and
' that Lieutenant-Colonel Fane had been so seriously ill, as to be
unable to attend toany part of his affairs, having laboured under
a brain fever, which prevented even Mrs. Fane speaking to him
about matters of business. The Learned Counsel contended,
first, that there was no proof that Colonel Fane knew anything of
the appointment of Mr. Johnston, for the only three parties were
Mrs. Fane, Mr. Jackson, and Mr. Johnston, not even a single
conversation with the Colonel having been spoken to. Another
objection to the rule was, that from Mr. Johnston's connection
with Mr. Jackson, Lord Durham had exercised a sound discre-
tion in refusing to allow him to act as deputy to Colonel Fane.
A third objection was, that the interest of the office was in the
principal and not in the deputy ; it was therefore not competent
for Mr. Johnston to call upon this Court to issue a mandamus.
Under these circumstances the Attorney-General submitted that
the rule ought to be discharged.
Mr. GURNEY followed on the same side.

Sir JAMES SCARLETT contended, that as by the statute
Colonel Fane was authorized to appoint his deputy, Lord Dur-
ham had not exercised a sound discretion in rejecting him. As
for the connection between Mr. Johnson and Mr. Jackson, it
only amounted to this, as appeared from the affidavits on both
sides, that Mr. Johnston only assisted Mr. Jackson as a friend in
extricating him from his embarrassments, and in a way that was
highly honourable to him; he (Sir James Scarlett) would not de-
fend Mr. Jackson's conduct, nor would he deny Lord Durham's
right to dismiss him, but that formed no ground for dismissing
Mr. Johnston, against whose character there was no imputation.
Lord Durham had a discretion to exercise, but he could not be
permitted by this Court to exercise it capriciously. If the Court
refused to interfere, the King's patent would be frustrated,
and individuals be deprived of the exercise of their just
and proper rights. As for a doubt respecting the appointment
of Mr. Johnston by Colonel Fane, it appeared that such an ap-
pointment, which was attested by two witnesses, was never ques-
tioned by Lord Durham until very recently ; but from all the
letters upon the subject there could be no doubt on the mind of
the Court that the appointment was made.
The LORD CHIEF JUSTICE observed, that by the lan-
guage of the Statute there was no doubt that Colonel Fane had
a right to appoint a deputy to do the duties of his office, provided
such deputy be a fit and competent person, otherwise Lord Dur-
ham had the power of rejecting him. Now there were two ob-
jections in answer to this rule—first, that the deputy was not a
fit and proper
person ; and, secondly, that Colonel Fanc, from
the state of his mind and his health, was incompetent to make
the appointment. If either of those objections be true, it
,was
a sufficient answer to the mandamus. It appeared to the
Court that the best way to bring the question to an issue
would be to make the rule absolute for a mandamus, to which
Lerd Durham could make each a return as he should be advised.
Their Lordships purposely abstained from
giving any opinion
upon the merits until the return to the writ should be made.
A mandamus was accordingly directed to issue.

Mr. BuLwEa's new Novel " Eugene Aram"
is likely even to exceed in popularity any of his former
productions. All the leading critical journals have con-
curred in giving the preference to his pros-nt story. The
Examiner calls it " a work abounding with excellencies,"
and proceeds to observe—" we have read these volumes
with an interest such as we have not felt since we were
delighted by the elder-bora of the genius of SCOTT.
Eugene Aram' is indeed a work of a high order, and
much as we admired the talent and knowledge displayed
in Pelham,' this exceeds it, and commands for the
author a superior respect. We had not read many pas-
sages, before we felt how idle it is to forecast fetters for
tennis,"