The Sun.
London, England, 1850-06-12 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY. June 11.
(Before Mr. Commissioner FANE.)
JUDGMENT.—TFIE ITALIAN OPERA HOUSE, COVENT.
GARDEN. IN RE EDWARD TIL)MAS DELAFIIMD.
Ills HONOUR to-day gave judgment on the question of
the bankrupt's certificate. He said—This is a very re-
markable case, and very unlike those which usually ap-
pear in this court. The bankrupt, on coming of age in
1845, found himself entitled to a fortune, left him by
his uncle, who died about 1825. which, with its accumu-
lation, amounted to 100,0004 and upwards. He was
also entitled, under his father's will, to a reversionary
interest of 6,0001., payable on the death of an aunt.
His father and uncle had been partners in the brewery
of Combe, De'afield and Co., and he was admitted into
the partnership on coming of age. He thus became en-
titled to interest on his capital of 100.000/. at 5 per cent.
and to a share in the annual profit besides, which usually
amounted to 2,500/. He had, therefore, an income of
about 7,5001. a year. At the end of 1848 ho was a
ruined man. On the 12th of July, 1849, the fiat issued
against him, his debts being 33,0001., his assets
about 1,000/. His affairs have beau fully investi-
gated ; his creditors aro satisfied that the truth has
been told ; his last examination was passed
without opposition, and he now asked for his
certificate. The assignee objects, partly on pub-
lic, and partly on private grounds. The public
grounds resolve themselves into reckless personal expen-
diture and an unfair making away of his remaining
assets shortly before his bankruptcy. The private
grounds have reference to a loan by the assignee to the
bankrupt, in March, 1846. Before consideriug the ob-
jections, I will trace shortly the progress of this young
man from affluence to utter destitution. Having received
the usual school education, he was sent to Oxford, where
he continued about three years, during which time he
exceeded his allowance by about 3,0001. and upwards.
He was anxious to pay the debts he had incurred, but
was unable to do so, the very large sum left him by his
uncle not being immediately accessible, and in conse-
quence he borrowed of the gentleman who afterwards
became petitioning creditor and assignee under the
bankruptcy 4,6001., with which, and other advances,
he cleared off his debt. On coming of age, in Novem-
ber, 1845, he was admitted, as I have above said, a
partner in the brewery, and became master of
his fortune. Unfortunately for him he was under
the influence of a strong passion for music, and hence
for theatrical entertainments, which brought him
into contact with persons willing to avail themselves
of his want of experience, and carelessness about
money, to involve him in speculations the risk of which
he was to run. and the benefit of which they were to en-
joy. In 1846 he was induced to assist in bringing over the
Brussels operatic company to this country. This specu-
lation turned out a total failure, and he lost by it 2,3004
and upwards. It would have been well if this trifling
loss had operated as a warning to him not to engage in
undertakings, the details of which he neither did nor
could understand. However, it did not, and in 1847, he
withdrewc his capital from the brewery, and entered into
the speculation which soon completed his ruin. The
history of this transaction will best be given in his own
words. He says—" I know Thomas Frederick Beale,
of 201, Regent-street. I first became acquainted with
him in the spring of 1847. Ile was then engaged as
manager of the Royal Italian Opera House, Covent-
garden, for Signor Persiani, who was at that time
the lessee. Some time in July, 1847, Beale
came to me when I was in my box at
the theatre, and told me Persiani bad left, and that
money was required to pay the artistes, or else the
theatre must close, and said ifs I would lend laim
promissory note for 3,0001., the Union Bank, or his
father, would discount it, he promising, with Mr. Chap-
pelle, his solicitor, who was then present, to provide for
it at maturity. I consented to this, and gave my pro-
missory note the following day, and this was afterwards
represented by bills, for which I was ultimately obliged
to pledge my reversion of 6,0001. ; no part of this 3,000/.
was repaid to me either by Beale, or his attorney. When
I gave this bill I had no connexion with the theatre be-
yond having my box there. I had no motive in giving
this bill, except to assist the concern. This was my first
introduction into the pecuniary affairs of the theatre,
and subsequently about the end of that season (about
August, 1847), Mr. Beak induced me to join him in
partnership, and some memorandum of agreement was
prepared by Mr. Chappelle, of which I have no copy,
but I believe the terms were, that I was not
to incur any liability, present or future, beyond
15,000/. There was a provision I believe in this agree-
ment, that Beak was to be at liberty to make any ar-
rangement he could with Persiani for obtaining the
theatre, and I believe Beale arranged with him to pay
all the debts upon the theatre, to continue the existing
arrangements, and to release Persiani from all liabilities,
upon condition of Persiani giving Beale two acceptances
of 2,0004 each; and Signor Salvi, who was a friend of
Persiani, also agreeing to give four acceptances of 1,000/.
each, making together 8,000/. By the power thus given
to Beale, he took upon himself to pay the whole of the
existing engagements of the theatre, the whole of which
ultimately fell upon me, as Beale paid no part of them.
Persiani's bills have all been dishonoured, and have
never been paid; Salvi paid three of his acceptances by
an engagement; but the balance of the fourth accept-
ance, I believe, about 640/., still remains due, and I be-
lieve that Beale has since given up the fourth acceptance
to Signor Salvi without any authority, and I consider
this be longs to my estate. By this arrangement of Mr.
Beale, throwing the liabilities of the former lessees upon
my shoulders, I had to pay about 20,0001. The opera
season having terminated its August, 1847, nothing was
done excepting making arrangements for the ensuing
season, until November, 1847, when a partnership
deed was executed between me and Beale. Beale did
not bring anything
.into the concern. The partnership
was di.solved in December; 18.47, I, by the terms of the
dissolution, taking upon myself all the debts of the
theatre, and releasing Beale from all contributions to-
wards the debts and contributions of the theatre. Beale
then ceased to have any connexion with the theatre."
The object of entering into such an undertaking without
any experience to guide him, is obvious; the result was
a balance of loss on the season of 1848 of 34,756/., and
on the season of 1849 of 25,455/. Esen this gigantic
undertaking did not satiate his passion with ventures
connected with music and theatrical engagements, for in
the early part of 1848 he also undertook, with Mr.
Charles Mathews, to carry on the Lyceum, on joint ac-
count. His project was soon found unprofitable to him,
and he withdrew after having sustained a loss of 5,312/.
Pending these engagements he made a present of 5,0001.
to a musical acquaintance of his, Mr. Arthur Webster,
with which Mr. Webster had purchased a villa on the
banks of the Thames, called Willow Bank, and as it was
thought desirable that the villa should be improved, he
agreed to assist Mr. Webster in repairing, or rather
rebuilding and decorating it. For this he ultimately
paid about 8,3001. The result of all is told by him-
self in these words:—" I was, in fact, entirely ruined
at the end of the season of 1848. My balance
at my banker's was quite exhausted, and I began the
season of 1849 by a loan of 2,000/. from any banker's."
As the season advanced his distress for money increased,
and in April Beak was obliged to advance 1,0001 to pay
Mario and Grisi. On the 15th or 22d Beale and the
bankrupt met, and an account was produced, by which
it appeared that 4,0004 was then due for salaries ; and
in order to induce Beale to carry on the theatre, the
bankrupt, on the 22d of April, executed a deed, prepared
by Mr. Beale, whereby he assigned all his interest in the
theatre, theatrical properties, and debt due for contribu-
tions, to Beale, to cover such advances as he had made or
might make to carry on the theatre, not exceeding 7,000/,
and he himself retired to Brussels to avoid arrest. On
the Ist of May following he became party to another
deed, by which Mr. Webster conveyed Willow Bank and
the property there to Mr. Beale, also to secure 7,0001.,
and on the 12th of July following the fiat issued.
Such were the circumstances of this lamentable case,
and it is now contended that I ought either to refuse
the bankrupt's certificate altogether, or postpone the
allowance of it, and add the conditions that the
bankrupt should pay ten shillings in the pound to his
creditors, out of any property which may hereafter
come into his possession. I do not think, however,
that I ought to adopt any one of these courses.
The first charge made against the bankrupt is, that
his expenditure was reckless. But what evidence is
there to support this charge? I have certainly heard
out of court that a very extravagant style of living was
indulged in at Willow Bank, but Willow Bank belonged
to Mr. Webster, and for anything that appears to the
contrary, the bankrupt was rather a guest there than
anything else. But whatever the fact may be, I have
nothing to do with anything but what appears in evi-
dence before me, and all that is in evidence before me on
the subject of reckless expenditure, is a statement in the
balance-sheet, showing that the bankrupt's personal ex-
penditure, from November, 1845, to July, 1849—nearly
four years—was 22,0001.; from which must be deducted
being
at least 3,000/. for college expenses prior to 1845, a
personal expenditure of 19,0001. only—less than 5,0004
a year. Now, this is cot reckless expenditure in a per-
son who had above 7,000/. a year. In reference to this
part of the case, allusion was made to the gift of 5,0001.
to Mr. Webster, and the subsequent expenditure of
8,300/. for his benefit. As to this, the bankrupt's ex-
cuse is, that Mr. Webster had lent him money to meet
his early difficulties, and he also anticipated a mar-
riage between Mr. Webster and a near relation of his.
But it is scarcely necessary to notice these ex-
planations. The 5,000/. was given on the 27th of
February, 1847, and on that day the bankrupt re-
ceived 20,0001. from Messrs. Combe and Co., and
when he engaged to pay for the improvements
at Willow Bank, he had still 80,0001, in
to his re-
serve,i and of coarse every person is.
if
to depart from the ordinary usages
only other charge made against the bankrupt on public
th
me choosesan liberty
kin d. sog
Theafver
of
away thousands of his own money,
grounds was, that he had made away
with all his re-
maining property in favour of Beak, just on the eve of
bankruptcy,
part and
o thisf
my
charge y
was u
tnnd e
impressdon his execu-
tion c
all
l-1
don of the two deeds of the 22d of April and Ist of May
1849. Now it has always been considered by me as an
important
traders, that although they are at liberty to struggle for
duduty
here,k
a living as long as there is a fair chance of success re-
maining, and their creditors are willing, from abstain-
ing from pressure by suit, to allow them to do so, still
that they are bound, when all reasonable chance is gone,
and pressure by creditors begins, to look their affairs
steadily in the face, and if they see no fair ground of
hope, and some of their creditors will wait no
longer, then to place themselves entirely in the
hands of their creditors, and if necessary submit to
bankruptcy, showing no favour to one creditor
more than another. Prima facie the application of
that principle to the present case would require con
demnation of the bankrupt as for an unfair preference
of Beale, but upon full consideration I am of opinion
that this is an exceptional case. First, some allowance
ought to be made for the extreme youth of the bankrupt;
,ome for thecircutustance that he could hardly be deemed
a trader; some for the deceptions of which he has been
made the victim; and some for the greatness of the ruin

that has befallen him: which, of course, must operate in
itself as severe punishment. But I have another diffi-
culty in dealing with this part of the case on the strict
principle, and that is, that the assignee has thought it
best to settle all questions with Mr. Beale, by accepting
from him 1,0001. in satisfaction of all claims, and hence
there has no: been that full investigation of the facts
connected with the execution of the two deeds which
would be requisite to enable me to form a judicial opi-
nion on the merits of the transactions. An obvious ex-
cuse, however, offers itself for the execution of the deed
of the 22d of April, that April was the very commence-
ment of the Covent-garden Opera season, aed the bank-
rupt might have thought that in inducing Beale to fur-
nish funds to go on with, he was doing the best he could
for the creditor, whose immediate subsistence and ulti-
mate payment depended on the theatre being kept open.
With regard to the deed of the Ist May, it seems, in
fact, that the bankrupt was not a conveying party; the
deed related to Mr. Webster's property, and it was
only executed by the bankrupt in order that any subse-
quent purchaser under Beale might be better satisfied.
Under these circumstances, and having a regard to all
these considerations, I d not feel myself in a position to
pronounce judicially that the certificate ought to be post-
poned with respect to the alleged unfair disposition of
property on the eve of bankruptcy. It remains to consider
the private complaint of the aesignee. He was a college
friend, three or four years older than the bankrupt. In
March, 1846, beinu then, it must be presumed, acquainted
with his young friend's carelessness about money, and
his unfitness to b 3 trusted with it, he thought fit to lend
him 4,6001., to be repaid at the option of either party on
twelve months' notice being given. In February, 1848,
he or his friends' commenced a❑ action to recover the
money immediately, with interest. The bankrupt paid
the interest, but, as to the principal, he declined paying
it at that time, on the ground that he had nut had twelve
months' notice. The assignee, knowing the defence was
right in point of law, submitted, gave immediate notice,
and renewed his action in February, 1849. Meanwhile
the bankrupt had involved himself in the opera specu-
lation, and was, in fact, utterly ruined. Now, is there
anything in these circumstances which should deprive
the baeltrept of his certificate? I think not. The defence
he made was justifiable at the time. Thelender had agreed
that repayment should not be made until after twelve
months' notice, and that notice had not been given.
But then it is contended that I ought, in granting the
certificate, to attach the condition that the bankrupt shall
pay ten shillings in the pound on his debts out of future
assets and a decision something like that in Lord Hun-
tingtower's case was cited to me. I do not know the
exact particulars of that case, I only know it was very
peculiar. But I confess I have no inclination to attach
such a condition to a certificate in any case. I refused
to do so in Jullien's. The world of industry in which
we live is one in which every man, not living on accumu-
lations, is struggling fbr a subsistence. In that struggle
it is difficult enough for a❑y one to win his way, even
with character clear and something to begin with. What,
then, may be expected to be with the fate of' one who not
only begins with nothing, but is weighed down with the
stain of bankruptcy, and by an unpaid debt of 10s. in
the pound on 33,0001.? I see nothing for a person so
burthened but to lie down in hopeless despair, and aban.
don all future exertion. Were the faults of this bank-
rupt far greater than they are, I would not condemn him
to such a fate. It may be said that this bankrupt had
rich relations. Perhaps be has; but if it were true, this
argument is one which will never weigh with me. I
e ill never be a party to the establishing of any such
doctrine, that rich relations are under any obligation to
pay the debts of extravagant connexions. A contrary
doctrine is a far more wholesome one. It is better to
it•duvir that a creditor' shall not have means of pres-
sure, direct or indirect, upon rich relations, and thus
check the giving credit to the young and foolish. It is
to the great prevalence of this credit which in the long
run, leads to the establishment of laws which, though
intended to check the unwholesome credit only, which
is given to the idle, such as that given in Lord Hunting-
tower's case and again in this, have a tendency to im
pede that wholesome credit which, by enabling strug-
gling industry to exercise its calling, is the source cf
public wealth. And for whose benefit am I to impose
this barthen—for that of the assignee, or for that of
the general body of creditors? If for the assignee, I
answer that he knew at the time he lent the money that
he was lending to a spendthrift; that the money was to
meet past or future extravagance. Why should the law
go out of its way to aid such lenders? They are public
enemies, they foster extravagance, encourage idleness,
and disturb the happiness of families. Even those who
advance money to enable others to educate themselves
or go into business, must submit to the loss of what
they have lent if circumstances tarn out unfavourable.
And if this be the fate of those who advance money for
praiseworthy purposes. why should it not be the
fate of those who advance money to supply extra-
vagance? Surely the loss of what has been so lent is
not inappropriate punishment for persons who thus in-
terfere between the young and their natural advisers
and protectors. Bat it may be said that I ought to im-
pose that condition for the benefit of the other creditors.
To that I answer, that I believe there is not one who
really wishes it. I have now been engaged twenty-five
years in administering the law of bankruptcy, and in
that time I have ob,erved that the most marked feature
in the conduct of the creditors, as a body, towards
debtors, is an unwillingness to press harshly on the
fallen, and I doubt not that this is the feeling which
pervades the body of creditors in this case. At all
events, not one has appeared to make the slightest per-
sonal complaint against the bankrupt. But if a contrary
feeling did prevail, I should not yield to it, for I look
upon the glieral body of creditors in this case as cc-
speculators with the bankrupt, and as the speculation has
been a total failure, and he the greatest sufferer, all ought
to hear their share of the misfortuue without refusing.
On the whole I think, upon full consideration of all the
circumstances, that I shall best discharge my public duty
by granting the bankrupt a common certificate, without
attaching any condition. I hope that the terrible lesson
he has received may be of use to him in after life.
Certificate granted accordingly.

MATINEE DRAMATIQUE.
On more than one occasion we have performed the
pleasing duty of drawing attention to the excellence of
the system of education, and the general treatment of
youth, in force at the Collegiate School at llanwell.
On Thanday last we had another and a better oppor-
tunity of judging of the general results of his great care
and judicious training. The young gentlemen performed
Julius Casar in a style worthy of professional actors of
high pretensions. The piece was got up, in all its en-
tirety, with the most rigid attention to costume, proper-
ties, and scenery, and the languige of the immortal
bard was delivered with a clearness, a precision, and a
nice apprehension of the author's intent, which evinced
patient study and rare intelligence. The parts of Brutus
and Cassius by Masters Frederick and William Strat-
ford ; of Mark Antony, by Master Lyon ; Caesar, by
Master Kelland ; Casca, by Master Williams ; Portia,
by Master Flews ; and Calphurnia, by Master J.
Boorn, were admirably filled ; while equal attention
was bestowed upon their several characters by Mas-
ters G. Boom, J. Grantham, Reid, and Robertson,
as Lucius, Octavius, First Citizen, and Soothsayer.
All the plebeians played with " radical" earnest-
ness, and the processions gave evidence of careful dril-
ling. There was not a hitch throughout. After the
performance, the audience, which was very numerous
and fashionable, adjourned to the beautiful grounds of
Dr. Emerton, where cricket, music, and promenading,
whiled away the time until the evening. An adjourn-
ment then took place to the refectory, fitted up as a ball-
room; and a merry dance, in which the young amateurs
most heartily nud gracefully joined, concluded the day's
diversions.

We cannot conclude this brief notice of a very inte-
resting event without a compliment to the excellent
judgment of the worthy principal of the establishment in
thus nourishing a taste for the finest poetry in the world,
and imparting practical lessons in elocution. We could
not help contrasting the effect of this sort of teaching
with that in practice at Westminster, where a Latin play,
replete with passages of questionable morality, is spouted
year after year, as if there were nobody but Terence
worthy of the trouble of representation.

WESTMINSTER FREEHOLD
LAND SOCIETY.

A public meeting was held at the Town-ball, Wool-
wich, on Monday evening, 10th instant, for the purpose
of explaining the principles and objects of the society;
Dr. Carlile in the chair. Messrs. J. Duncan, H. Nes-
bett, G. E. Dennes, and G. Huggett, attended as a de-
putation.
Mr. G. Huoorrr explained fully the objects and ad-
vantages of the freehold land movement, after which
JONATHAN DUNCAN, Esc', at some length, and with
great force, exhibited the great and beneficial results
which society has every reason to expect—politically,
socially, mentally, and morally--will be effected by the
operations of these societies; not forgetting to impress
upon the audience their value to the individual as an
excellent investment of capital as one of the best kinds of
savings' banks, and as a creator of motives of prudence
and forethought amongst the industrious classes.
_ _ _

Mr. RuEoC moved and Mr. NESBETT seconded the
following resolution, which was unanimously adopted:—
" That the freehold land movement is deserving of
the warmest support of all who desire an extension of
the suffrage tending as it does to improve the social and
moral condition of the industrious and unenfranchised
daises; and this meeting is of opinion that the piinci-
pies of the Westminster Freehold Land Society, of No.
4, Beaufort-buildings, Strand, as explained this evening,
are well calculated to effect that object; and inasmuch
as it purposes to enable its members to obtain votes in
Kent and other counties, this meeting pledges itself, in-
dividually and collectively, to give that society its best
support.'
A vote of thanks was passed to the chairman, and, a
number of shares having been taken, the meeting
separated.

DVERTIEMENT.]—An astounding Cure of 35
Wounds by Holloway's Ointment and Pills.—Extract of a
letter from Mr. Jeremiah Reed, of Afolong, near Sydney,
dated 25th Sept., 1845. "To Professor Holloway. Sir, 1
owe a debt of gratitude to you for my almost miraculous cure
by the use of your Ointment and Pills, after seven years in-
tense suffering, caused by exposure to wet and cold. When I
commenced using your remedies I had already expended up-
wards of 2001. in other medicine and advice, without any be-
nefit, and had :35 ulcers on my body, a dreadful headache, and
pains all over me bet your Ointment and Pills have cured
me, and lam now enjoying excellent health." Sold by all
Druggists, and at Professor Holloway's Establishment, 244,
Strand, London
[ADvEhTISEmENT.]--Bars Life in London, on
Sunday next, June 16, Ascot Heath Races. Engravings
of the Emperor's Vase, the Queen's Cup, and Royal Hunt
Cup. Observations by " Pegasus." The Battle for the
Championship ; After Thoughts and Incidents. "rice of
Bell's Life, Sixpence. Office, 170, Strand. Average;sale of
Bell's Life, 28,000.

THE TEA TRADE, JUNE 10.—The deliveries of tea
in London lad week were net quite 29 lArge, tieing *44,0851b.

THE NICARAGUAN TREATY.

- - -
The following is the text of the Convention Le-
-1 tween the United States of America and her Britan-
nic Majesty, concluded at Washington the 19th day
of April:—
The United States of America and her Britannic Ma-
jesty, being desirous of consolidating the relations of
amity which so happily subsist between them, by setting
forth and fixing in a convention their views and inten-
tions with reference to any means of communication by
ship canal, which may be constructed between the At-
lantic and Pacific Oceans by the River San Juan de
Nicaragua or Mantagua, to any part or place on the
Pacific Ocean;—the President of the United States has
conferred full pivrere on John M. Clayton, Secretary of
State of the United States; and her Britannic liajesty
on the Right Hon, Sir henry Lytton Buliver, a member
of her Majesty's Most Honourable Order of the Bath,
and Envoy Extraordinary and Mintster Plenipotentiary
of her Britannic Majesty to the United States, fur the
aforesaid purpose; and the said Plenipotentiaries having
exchanged their full powers, which were found to be in
the proper farm, have agreed to the following articles:—
Art. 1. The Governments of the United States and
Great Britain hereby declare that neither the one nor
the other will ever obtain or maintain for itself an exclu-
sive c intro! over the said ship canal ; agreeing that
neither will ever erect or maintain any fortilitationa
commanding the same or in the vicinity thereof, or tree
cupy or colonize, or assume or exercise, any dominion':
over Nicaragua, Costa Rica, the Mosquito coast, or any
pat t of Central America ; nor will either make use of
any protection which either affords, or may afford, or
any alliance which either has, or may have, to or with
any state or people, for the purpose of maintaining or
erecting any such fortifications, or of occupying, fortify-
ing, or colonizing, Nicaragua, Costa Rica, the Muquito
coast, or' any part of Central America, or of assuming or
exercising dominion over the same ; nor will the
United States of Great Britain take advantage of any
intimacy, or use any alliance, connexion, or influence
that either may possess with any state or Government
through whose territory the said canal may pass, for
the purpose of acquiring or holding, directly, or indi-
rectly, for the citizens or the subjects of the one,
any rights or advantages in regard to commerce or
navigation through the said canal, which shall not be
offered on the same terms to the citizens or subjects of
the other.
Art. 2. Vessels of the United States or Great Britain
traversing the said canal shall, in case of a war between
the contracting parties, be exempted from blockade, de-
tention, or capture by either of the belligerents; and this
provision shall extend to such a distance from the two
ends of said canal as it may hereafter be found expedient
to establish.
Art. 3. In order to secure the construction of the said
canal the contracting parties engage, that if any such
canal shall be undertaken upon any fair and equitable
terms by any parties having the authority of any local
Government or Governments, through whose territory
the same may pass, then the persons employed in making
the said canal, and their property used or to be used for
that object, shall be protected from the commencement
of the said canal to its completion by the Governments
of the United States and Great Britain from unjust de-
tention, confiscation, seizure, or any violence whatsoever.
Art. 4. The contracting parties will use whatever in-
fluence they respectively exercise with any state, states,
or Governments possessing or claiming to possess, any
jurisdiction or right over the territory which the said
canal shall traverse, and which shall be near the waters
applicable thereto, in order to induce such states or Go-
verninents to facilitate the construction of the said canal •
by every means in their.power. And furthermore, the
United States and Great Britain agree to use their good
effices whatever or however it may bo expedient so to do,
in order to procure the establishment of two free ports,
one at each end of the said canal.
Art. 5. The contracting parties further engage, that
when the said canal shall have been completed, they will
protect it from interruption, seisure, or unjust confisca-
tion; and that they will guarantee the neutrality thereof,
so that the said canal may be ever open and free, and
the capital invested therein secure. Nevertheless, the
Governments of the United States and Great Britain, in
according their protection to the construction of the said
canal, and guaranteeing its neutrality and security whdn
completed, always understand that this protection and
guarantee are granted conditionally, that if both Govern-
ments or either Government should deem that the per-
sons undertaking or managing the same adopt or es-
tablish such regulations concerning the traffic thereupon
as are contrary to the spirit and intention of this con-
vention, either by making unfair discriminations in
favour of either of the commerce of the contracting par-
ties over the commerce c f the other, or by opposing op-
pressive exactions or unreasonable tolls upon passengers,
vessels, goods, wares, merchandizes, or other articles,
then it shall be open to either Government to seek re-
dress in such manner as they may deem advisable.
Neither party, however, shall withdraw the aforesaid
protection and guarantee, without giving six months'
notice to the other.

Art. 6. The contracting parties in this convention en-
gage to invite any state with which both or either
have friendly intercourse, to enter into stipulations
with them similar to those they have entered into with
each other, to the end that all the states may share in
tha honour and advantage if having contributed to a
work of such general interest and importance as the
canal herein contemplated. And the contracting parties
likewise agree that each shall enter into such treaty sti-
pulations with such of the Central American states as
they may deem advisable for the purpose of more effec-
tually carrying out the design of this convention.
namely, that of constructing and maintaining the said
canal as a ship communication between the two ocean*
for the benefit of mankind on equal terms to all, and of
protecting the same. And they also agree that the
good offices of either shall bo employed when requested
by the other in aiding and assisting the negotiations of
such treaty stipulations. And should any differences
arise as to right or property over the said territory
through which the said canal shall pass between the
states or Governments of Central America, and such dif-
ferences should in any way impede or obstruct the exe-
cution of said canal, the Governments of the United
States and Great Britain will use their good offices to
settle such differences in the manner best suited to pro-
mote the interests of the said canal, and to strengthen
the bonds of friendship and alliance which exist between
the contracting parties.
Art. 7. It being desirable that no time should be un-
nccessarily lost in commencing and constructing the
said canal, the Governments of the United States and
Great Britain determine to give their support and en-
couragement to such persons or company as may first
offer to commence the same with the necessary capital,
with the consent of the local authorities, and on such
principles as accord with the spirit and intention of this
convention; and, if any persons or company should
already have with any state through which the proposed
canal may pass, a contract for the construction of suck
a canal as that specified in this convention, to the stipu-
lations of which contract neither of the parties in this
convention have any just cause to object, and the maid
persons or company shall have made preparations, and
expended time, money, and trouble, on the faith of such
contract, it is hereby agreed that such persons shall
have a priority of claim over every other person or com-
pany to the protection of the United States and Great
Britain, and be allowed a year from the date of the
exchange of the ratifications of this convention for con-
cluding their arrangements and presenting evidence of
sufficient capital subscribed to accomplish the un-
elertaking; it being understood that if, at the expira-
tion of the aforesaid period such persons or company
shall not be able to commence and carry on the pro-
jected enterprise, then the Governments of the United
States and Great Britain :shall be free to afford their
protection to any persons or company that shall be pre.
pered to commence and proceed with the construction
of the Bill in question.
Art. 8. The Governments of the United States and
Great Britain having not only desired in entering into
this convention to accomplish a particular objeek but
also to establish a general principle, they heteny auts
to extend their protection by treaty stipulation to any
other practicable communications, whether by canal or
railway, across the isthmus which connects North Wad
South America, and especially to the interoceanic com-
munications, should the same prove to be practicable.
whether by canal or railway, which are now proposed
to be established by the way of Tehuantepec or Paa
In granting, however, their protection to any such canals
or railways as are by this article specified, it is always
understood by the United States and Great Britain that
the parties constructing or owning the same shall im-
pose no other charges or conditions of traffic thereupon
than the aforesaid Governments shall approve of as Just
and equitable; and that the said canals or railways being
open to the citizens and subjects of the United States
and Great Britain on equal terms shall also be open on
like terms to the citizens and subjects of every other
state which is willing to grant thereto such pro-
tection as the United States and Great Britain engage
to afford.

Art. 9. The ratification of this convention shall be
exchanged at Washington within six months from this
day, or sooner if possible. In faith whereof we the re-
spective Plenipotentiaries have signed this convention,
and have hereunto affixed our seals.
Done at Washington the 19th day of April Anno
Domini, 1850.
JOHN M. CLAYTON (L.S.)
HENRY LYTTON BULWEE (Lc)

SyAesTtl.;
yesterday
AyTa.;
ATTEMPT OF A MAN TO
,MURDBIt HIS Wltli
AND
dBeuriacbilneEexOcri t eittHezn tF° prevailedE —hl\e°r le"dviucriling
Cthoenspireceding day, in consequence of the following tragical
occurrence:—It appears that a man named John Reyr WA,
who had separated some time since from his wife, by acme
means (which have not yet been explained), met her at
North Deanes, between seven and eight o'clock on Thursday
evening. They conversed together for a few minutes, when
they both sat down near the North Mill. Whilst there the
man began to abuse his wife, and he eventually pulled a keg
clasp knife out of his pocket, and swore that he would ‘. coot
her goose." He then rushed at her with the open knife, and
tried to cut her throat. The woman resisted as well as she
was able, but the wretch inflicted one wound in the neck,
and several over the arms and hands of the poor creature,
who at last succeeded in running away. She took shelter
from her husband's brutality in a confectioner's shop, where
a surgeon attended and dressed her 'wounds. The lambent!,
in the meantime, stuck the knife be intended to murder his
wife with into his chin, the point of which extended to his
throat, and then jumped into the sea. The body wassoon
picked up, but life was extinct. Last night a coroner's in-
quest was held on the body of the deceased at the workhouse,
Norwich. The jury having heard several witnesses, returned
a verdict of Feb de se, and the body was forthwith buried by
torchlight.

NORTH BRITISH RAILWAT.—The Kelso branch of
_
this line, from Newtown to within about one mile of Kelso!
is now readv for opening. The works for connecting th•
North British line with the Kelso branch of the Newcastle
and Berwick Railway at Mellendean Burn are proceeding
rapidly, and it is expected the whole will be completed in
October.