The Sun.
London, England, 1817-12-13 00:00:00

PROVINCIAL JOURNALS.

The report of the intended resignation of the
Duke of YORK, a report most probably invented
am! eireulated by the Opposition Writers, for.the
purpose ®f perplexing the public mind with need-
less doubts and ridiculous discussions ; and the
revival of the correspondence which took place
between his MAJESTY and the PRINCE of WALES,
(I hen we were menaced by a French Invasion,
have induced The (Dublin) Correspondent of the
9 h inst. to offer some remarks on the subject.
We have already taken the same line of argument,
dud we combated the reasoning of the Opposition
writcrs with similar remarks, but tide subjoin the
following extract, because we are glad to see otir
sentimews supported in so loyal and spirited
a Journal.

" All the circumstances under which this Cor-
respondence was mai:Stained are, passed away—all
the clouds that lowered upon us. are gone—
vanished for ever ; anti we are now secure, pro-
tected against the world, not less by the peace iu
u tench we repose, than by the name which Mir
esharr' and our fortitude have procured for us over
the world. Thus, though the times are different,
The circumstances different, and the parties diffe-
rent ; yet, some of our disputatious reasoners will
have the very satne.conseqoences to follow. They
will have the case of the Heir Apparent to be
settled irrevocably and for ever-they will have
it sufficiently established, to preclude the com-
mon sense of
,the country Irons making
.any new
judgment noon the case—they will have the Heir
Apparent and the Presumptive Heir to be quite
synonymous—and they will bring the latter nu-
tter the suppbsed restraints of the former, by an
ideal analogy, which bas no sort of existence
whatsoever. 'The Law invests the Heir Apparent
to the Crown with distinct eminence, and stir-
rontids hint with a sanctity, not bestowed upon
any other member of the Royal Family, standing
next in the order of succession to the Crowns—
He, as well as his Royal Consort, and the Prin-
cess Royal, or eldest slaughter of the King, are,
to use Blackstone's words, peculiarly regarded by
the Laws. The rest of the Royal Family,'
says the same writer, may be considered in two
ditlerent lights, according to the different senses
in which the term Royal Family is used. The
garner sense includes all those who are, by Fossi-
ls:lite, inheritable to the Crown. The more cons
fined sense includes only those Who are within a
certain degree of propinquity to the reigning
Prince, and to whom, therefore, the Law payS
extraordinary regard and respect ; but after that
degree is past, they fall into the rank of ordinary
subjects;and are seldom considered any farther,
sinless called to the succession "upon failure ol the
nearer lines. For, though collateral consan-
guinity is regarded indefinitely, with respect to
inheritance or succession, yet it is, and can only
be
.regarded within some certain limits in any
other respect, by the natural constitution of
things, amid the dictates of poSitive law.'
" By the natural constitution of things, the
, Presumptive Heir to the Crown, whose right of
inheritance may he defeated by some contingeqcy,
cannot be considered in the same legal and con-
s,itutional sense as the Heir Apparent, whose
right of inheritance is absolute. The former is
not recognized by any special protections, or by
any other than those which are common to ordi-
nary subjects. The latter is distinctly encom-
passed by the watchful providence of time Law.
The Heir Apparent to the Crown is of a rank too
high, and destined to concert's too important, to
fill the office of any functionary below that of
Royal estate, or to be employed in duties which
are attended with responsibility. A presumptive
Heir is otherwise placed ; because, as ill point of
principle, his right of inheritance may be defeat-
ed, so be may stand within the operation of re-
sponsibility, and may consequently administer any
of the derivative functions of the Crown. Pecu-
liar circumstances cannot affect the principle of
the case, nor make a presumptive Heir any thing,
bat what the dictates of positive Law has made
hire—and no postive Law has made hint, to all
intents and purposes, virtually Heir Apparent;
indeed, it would be an absurdity if it had, for it
would confound distinctions, in themselves es-
sentially important.
'' We do not rest much stress upon the argu-
ment respecting the precedent of keeping up the
office of Commander-in-Chief of the Army in a
time Of pea Ce. The affairs of Europe, as .well as
the affairs of the British Empire, have undergone
a vast change since the Duke of Cumbesland was
Captain-General.—The investing an individual
with the command of the Army, is not a matter
to be settled by precedent, but by the necessity
of the case. Our nossessions are immensely en-.
larged, nod our neighbours maintain .vast stand-
ing armies—And both those circumstances oblige
us, to keep on
„foot a larger military force than
ever was known before in times of peace. Our,
psi necessities decide for us in this, as in all
our other concerns. We cannot wisely act in
opposition to them. If we be obliged to sup-
port a larger army than ever, we must en-
large and invigorate the superintendence re-
spiisite for rendering it effective and sone.
stable ; and, if a distinct Commander-in-Chief
lie necessary for this end, this necessity is a better
reason than any thin., which precedent can afford.
Commanders-in-Chief of the Army have not been
common heretofore ; but that is no reason why
they should not be necesaaryat present, under to-
tally new circumstances. New things in a new
world.' It would be 'bard upon a 'presumptive
Heir to the Crown, and it would be it6rd upon the
public, for whose welfare atklaws, and regulations
must be ioterided, itan ablejuoctionary, of tried
and unrivalled merit, should he'displaced, because
a chance Of succeeding to the Crown was opened
to hint, bids chance contingencies. may wholly
take away:- ..According to the doctrine contended
fors 'a presumptive Heir to she Crown would be
situation than the most. ordinary sub-
,
jeer. He never could bold place or office; how-
eVer fitted he may be.tor either, by the mostemi-

nent qualities. His' disability in one way leads to
nothing in any other. However capable in, tact,
he would stand in a state tit civil incapacity, not-
withstanding ; and for.the 'possible Chance of the
CrOwn,, which Le might never obtain, he would
lose the power of obtaining any thing under the
Crown; which any, other•subject may enjoy. That
the indivAnal "wotild.,unjustly dealt with, if
tl►is doctrine could be admitted, is obvious—that
the public could 'be -served; or rroy interest pro-,
tected by .such injatice, it is. not'necessary to ar-
gue—the thing is impossible." •

LAW JNIgLLIGENCE.

COURT OF CFI4NCERY, DEC. 12.

HtYCHES V. THE ASSIGNEES OF RICHMOND.

In this case" the CHANCELLOR gave his judg-
ment. After recapitulating the facts,-which we
have already fully reported, his Lordship ordered
that the Assignees and Mr. Wells,. respectively,
should be aliarged in account with the value of
the lease and all the property they had disposed
of. This order to be without prejudice to any
action on account of damages which Mrs. Hughes,
might bring. He would give the costs of the pe-
tition-upon which the issue was directed, and also
those of the issue, and of the petition which was
now presented. The point of contempt, in which
Wells, the auctioneer, was implicated, his Lord,
ship reserved for further consideration.
Expqrte EARL s-r AN:1101)E.
_ _ _

In this case, which is an application to pay over
a certain sum of moury, the produce of settled
estates, which had been sold to the person who
would have been entitled to them if they had not,
been sold, and that a reference to the Master for
that purpose might be made,
Sir SANttful. ROMILLY. in answer to a question
from the Lord Chancellor, as to whether or not
the case would Come within the Act of 39 and 40
Geo. 111. submitted that the Order if made could
not he within the Act of Parliament,

The LORD CHANCELLOR-1s Lord Stanhope the
tenant in fee of this estate ?

Sir SAMUEL ROMILLY—Yes, my Loid, he is of
all the estates.

The LORD CHANCELLOR said, if Lord Stanhope
would give him authority to say that the estates
of which he was tenant in fee shonld ',tam] charg-.
ed with the payment- of the 21,000/. the subject of
the present application, he would make the Order
prayed for.

COURT OF KING'S BENCH, DEC. 1?..

SITTINGS AT GU I LDHALL.

MARTIN- V. KIRWAN.

. •
This was an action of trespass against the de-
fendant for taking possession of the house and
furniture of the plaintiff, under the following cir.
comstances. The plaintiff was the reputed widow
of. a Mr. Taylor, a broker in Bread-street, who,
at his death, left the hotiWmtl• furniture in ques-
tion to trustees for beuefit,nf the plaintiff and
his sons, and appointed the plaintiff and tw9
others his executors. There ryas a clause in the
will that the business should be continued-for the
benefit of. the plaintiff and' his suns. The other
executors refused to act, Mid 'the plaintiff was the
sole acting executor. • She' carried on business
under the firm of Widow Taylor and Sons, and
became bankrupt. The assignees tinder the com-
mission took possession of the house and furni-
ture, and advertised it to he sold, but on petition
to the Chancellor he stopped the sale; and the
question to be tried in the present action was,
whether, under the Will ut Taylor,-this property
was not vested in trustees, and could not be taken
by the creditors under the commission. It was
greed to wake a special case ,for the opinion of
the Court.