The Sun.
London, England, 1826-08-11 00:00:00

denial of justice, in a trial on the Oxford circuit, which
we reported in our paper of Wednesday. The case. to
which we allude, is that of Cooke v. Leonard and Coles,
whiCh was an action brought by a poor man, a labourer,
against two constables of . the town of Stroud, for false
imprisonment. By the case, as detailed, in evidence, it was
sufficiently plain, that the village " Dogberrys " had indul-
ged themselves in an abuse of their authority, by inflicting
on the poor man, who was not shown to have been guilty
of any offence—a broken head; and the cooling applica-
tion of a night's imprisonment. For this iury, the plain-
tiff sought redress at. the hands of a Jury which, no
doubt, they would have given him, had not a pri-
vate Act of Parliament stepped between the plaintiff and
public justice, and forbidden it. In a case of this kind, a
farthing damages would carry costs, but the poor man did
not obtain even a farthing, and instead of procuring re-
dress, be- has got a good round sum to pay—perhaps,
the amount of two years' wages, in the expences of the
action. And what is this private Act,of Parliament? It
is an Act for paving the town of Stroud, which contains a.
clause that all officers acting under it shall be entitled to
a formal notice of action. This puts the constables of
Stroud so far on a level with magistrates in general. It
gives them a privilege which British subjects, merely as
such, have not. If it was right to do this, why was it
done by a private Act of Parliament, of which nobody
knew any thing but those who were interested in its ope-
ration ? Had this been done by a public Act Of, Parlia-
ment, it would have been matter of public notoriety, and
the professional agent of the poor matt would have com-
menced the action accordingly ; but who was to suppose
that an Act for paving the streets of Stroud was to con-
tam a clause that would protect a constable, who had
committed an insult and false imprisonment, from 'the le-
gal consequences of his misconduct, unless the action was
commenced in an extraordinary manner ? For our own
part, we cannot conceive what legal affinity there is be-
tween the paving the streets of Stroud, and the breaking
the head and imprisoning the body pf one of the King's
liege subjects. The Judge admitted that the defendants
had acted illegally, but was of opinion that, under the
private Act, they were entitled to notice of action, and
therefore the plaintiff could not recover. The poor man
was of course nonsuited. It is probable that the ex-
penees of this unfortunate attempt to' obtain redress for
his personal wrongs may prove his utter ruin, by the se-
verity of the expence; at all events, it is not likely he
will be able to commence proceedings anew, and in the
mean time the official violators of the peace way amuse
themselves by other experiments on the skulls of their
humbler fellow-subjects. In many private Acts, like that
of Stroud, there have been slyly introduced clauses at va-
riance with the established rules and principles of justice,
and by many of them, frem time to time, even new felo-
nies have been created. If this practice is not put a stop
to, Magna Charts itself may be silently abolished by a
Turnpike Bill or a Paving Act.—lbid.
The principle of the Lord Chancellor's decision in the
case ex-parte Sillitoe, seems as: difficult of discovery as
Gammer Gurton's needle. It formed again the subject, of
discussion in the Vice-Chancellor's Court yesterday.—
Mr. Hart, wishing to. open the eyes of his Honour, began
by stating in all humility, that he conceived the principle
had been mistaken; and after a recital of the case, he
ended by declaring that the decision was without any
principle at all.
" It had been decided by the 'Vice-Chancellor's Court according
to the law as it then stood, and as it . had stood from time imnie-
morial ;" but " an appeal from this decision was carried before
the Lord Chancellor; and his Lordship, after a mature consi-
deration of all the circumstances, reversed that decision ;" but
"f he, thought it was decided more with reference to the particu-
lar circumstances than to the general principle."
The distinction then between the Vice-Chancellor and
Mr. Hart is, that the latter has so far improved on his
Honour, as to be able to say positively that the decision
is independent of all principle, while his Honour could
only get the length of declaring his inability 'to discover
any. The Lord Chancellor is too- subtle to be bound by
any principle ; the boaped tail of a pig does not more sue- 1
cessftilly elude the grasp. Where some of • the partners of '
a bankrupt concern carry on a separate business, accord-
ing to the principle of former decisions, they are entitled
to. prove as in the case of one separate trader with another.
So sten& the principle. Bot, if the bankrupt concern be
inoney-broking, or banking, and the other be traffic in some
other commodity, the advance of any thing hut money to
the bankrupt-houseis separate trading; but the advance of
money, according to, the Chancellor, is " a wheel of the
same machine,"--that is, the commodity in which the
bankrupt house dealt. Suppose a farmer to be in partner-
ship with a cornAealer' which concern becomes bankrupt,
and to claim to prove for a thousand' quarters of wheat,
sold and delivered, would the claim be rejected, as the
wheat was a wheel of the same machine, while he might
prove for acceptanceS of the house to third parties, received
by him in the course of his separate business ? if identity
of commodity, furnished with the commodity in which the
Bankrupt concern deals, is to operate hi bar of proof, this
difficulty will soon he got over in, London Liverpool, or
Glasgow, Or any other trading town. His Honour pro-
mised, however, to try his hand at the ease once more, and,
by way of encouragement to him, Mr. Montague observed,
" He thought he had at last discovered the principle of these
cases, which was to operate in bar of proof; and that was, that
partners might prove unless in cases where the dealings of each
were intended for the joint benefit of all."
The old Schoolmen are beat hollow by these Chancery
Doctors. We wonder whether the Lord Chancellor will
also try his hand at discovering his own principle. . It has
often been said, that Homer's Commentators discovered
many meanings in him that he never had; but Homer
bad not, like the Lord Chancellor,•an opportunity of con-
ting his Commentators.-llforning Chronicle.

LADY HESTER STA,NHoPt.—During this' Lady's
residence at Palmyra, she gave a kind of fete to the Bedouins.—
The great Scheik, with his tribe of Paltnyrene Arabs, constantly
resides at the Ruin; their habitations ..are fixed near the great
temple ; they are very well disposed, and civil in their manners,
and their young women are remarkable, above all the other tribes,
for their beauty. It was a lovely day, and the youth of
both sexes, dressed in their gayest habiliments, were seated
in rows on . the fragments of the pillars, friezes; and
other ruins, with which the ground was covered.—
Her Ladyship, in her eastern dress, walked among tlient, addressed
them with the utmost affability, and ordered a dollar to be given
tonal. As she stood with all that Arab array, amidst the columns
of the great Temple of the Sun, the sight was picturesque and
imposing ; and the Bedouins hailed her, with the enthusiasm,
Queen of Palmyra, Queen of the Desert ! and in their enthu-
siasm, would have proceeded to confer more decided marks of
sovereignty ; but they were declined. They speak of her
now with the utmost veneration 'and respect. They also retain
another mark of her bounty, one which out-_ of regard for her
countrymen, she might well have spared. The great Scheik re-
ceived from her a paper, in her hand-writing, in which she di-
rects him to demand a thousand piastres of every traveller who
vitits the ruin. The Scheik newer fails to enforce this counsel,
and displays the paper, with the addition, that the great lady,
the Queen, said, that the English travellers were rich,
and that they ought to pay well for the privilege of
seeing Palmyra. This enormous tax, which it is impos-
sible to escape, causes several travellers to leave Syria
without seeing the finest ruin in the world. One, indeed; of no
small eminence, absolutely refused to pay it, telling the Seheik,
who drew the mandate from his bosom, that the great lady had no
right whatever over his purse, and that she showed little wisdom
in leaving such a mandate in his hands. He passed four days
at Palmyra, and would have left it as wise as he came, if he had
not made a compromise with the chief, and consented to pay half
the MD. The Arabs, though they would not personally injure
hm, did not suffer him to leave the but ; and at last placed some
wood t
the I
caul:
aftnidtiatthefagior!
booretfs round the walls, and, setting them on fire, filled
atitileketrneovrellseeviatidsuwcuh etl,obulidgeds oftosmogikvee,
wthiayt.....he
CaOnalll's tLehette2r4ts l ult , at.midnight,
from the East.
Mau-
beuge was visited: h the town of
electric fluid struck y a tremendous storm. The
two hours. '
with such force the lightning con-
ductor of the gunpowder • that a
who was near it,- was magazine, a cent..",el,
knocked down, and remained
senseless for nearly

REPRESENTATION OF SURREY.

The return of I‘lr. PaDiner was celebrated by the freeholders
in Chertaey and its neighbourhood, on Monday, the 31st ult.
At two o'clock Mr. Pallmer's carriage crossed the bridge. At
the entrance of the town the horses were taken off by a number
of athletic young men; who attached themselves to the barouche,
containing the worthy member, his lady, and their nephew, Mr.
F. Dawson, . Mr. Briscoe, Mr. R. Edgell, and Mr. W. Bell,
attended on horseback, their hats and horses' heads decorated
with laurel; followed by the carriages of Mr. Wyatt Edgell and
Mr, Briscoe, similarly adorned, accompanied by a great concourse
of people, displaying banners- inscribed with "Pallmer and
Virtue ;" ." Pallmer, the Friend of the Poor ;" "Pallmer and
the Laies of Surrey." The dinner was prepared at the oppo-
site extremity of the town, in a field adjoining the King's Arms,
where a large shed and tfiree spacious tents scarcely accommo-
dated the freeholdeis. These were tastefully ornamented 'with
wreaths of oak and laurel, garlands of flowers, and bunches of •
heath ; and above the chairman and his deputy, at each end of
the table, were inscribed the mottos of " Pallmer and Independ-
ence," and " If ever there was a free election, it has been this.
A hedge of laurel concealed the boundary of the field, and a trium-
phal arch of interwoven sweets and evergreens marked the ap-
proach. As the carriages drew up a simultanetius expression of
heartfelt congratulation burst from the by-standers.
Mr. PaLLMER, before alighting from the carriage, addressed
the assembled multitude, assuring them of his neverceasing recol-
lection of the reception which they had given him : he unaffect-
edly disclaimed all right or pretension to the honourable terms
with which they had been pleased to unite his name.
A simple, but substantial repast, had been abundantly pro-
vided, and about 140 --Freeholders sat down ; Edgell Wyatt
Edgell, Esq.., took the Chair. The healthy of the King, the
Duke of York and Army, the Duke of Clarence and Navy, having
been drank with the usual honours, -
The Clia/aMAN rose to assure the meeting of the happiness he
enjoyed in presiding at such an assemblage in that particular spot.
It was an assembly of respectable freeholders in the place of his
nativity. They were endeared to hiehtert alike by early associa-
tions and subsequent intercrittrie. He need hardly remind them
that their mutual parishes had united, had fought,. and had
conquered together, on the occasion • they now met to com-
memorate. But it appeared to his mind a remarkable coin-
cidence, that their union and their triumph in the cause of inde-
pendence had actually occurred on the anniversary of those days,
when their brave Ancestors demanded and obtained the invaluable
covenant of liberty and justice, entitled the Magna Charta. Such
recollections shed additional luerre on the late conflict ; and similar
motives suggested the toast he was about to give them in the
health of their worthy representative, Mr. Pannier.
This toast was received with universal applause, and was
cordially joined by a party of ladies, including the wives and
daughters of the principal guests, who happened to take their seats
at the table while their excelleut Chairman was in the act of de-
livering his speech.
Mr. PALLAIER, in returning thanks to the company, declared
that he had neither time nor power to describe the gratification
which he derived from the scene before him—so• different in its
nature from any other. The most brilliant sun of one of the
finest summers seemed at once to gild the fields of rural industry
which surrounded them, and to shine on the harvest of their po-
litical foils. He was most grateful to the friends whom •he ad-
dressed ; and he heartily wished he could condense his feelings, as
their kind Chairman had done in his short but most affecting
speech. As he had done nothing whatever to deserve their kind-
ness, it was to the future he must look for the means of showing
his gratitude. At the head of their hospitable board he saw two
individuals, known and dear to them by their public virtues and
private worth ' • they were, for the present, his pledges ; and they
had incurred for him a responsibility which it should he the busi-
ness of his life to redeem. At en. end of their long table he saw
his name connected with 9 Independence ;" at the other extremity
he read, "If ever there was st pure election it was this." These
two, principles like his two friends, were his sureties to his con-
stituents. Exulting in those iirinciples, he would boldly ask, what
vote had been given at the late election in his favour from de-
pendence, from fear, from reward, or under any other influence
whatever fhan the most pure and independent self-will ? Long,
very long, might the freeholders of Surrey continue to act upon
such principles; and if he (Mr. Pannier) should, in the slightest
degree, appear to desert them, -might he be made a conspicuous and
memorable example of thealiegrace which belongs to such deser-
tion ; he would he at all times most ready to resign his trust
when his constituents should require him to do so. tie would
challenge no yessons—he would not presume to talk of ingratitude.
'flu, representative was secountable to his constituent, not the con.
stituent to his representative: and 'those who thought otherwise
were, in his humble but decided opinion, quite unacquainted
with the rights and the liberties, and the constitution of the coun-
try. He concluded by giving ". The freeholders of Chertsey."
Mr. PALLMER then proposed the health of the Chairman, Mr.
Wyatt Edgell. He called upon the meeting to join him in thank-
ing him for the truly British sentiments which he had delivered
that day in the presence of his family, who had appeared at the
moment, as if it were ordained that they should have the happi-
hese of surrounding him whilst, he uttered them, and in wishing
that ' the legacy of loyalty and liberty which he had received
from his ancestors might be long the inheritance of his posterity,
enriched; as it bad been in his hands, by alt the virtues and the
charities of private life.
Mr. Eeosee, in a few words, feelingly acknowledged the
compliment just pitieto him by hie brother freeholders.
An appropriate song— . • •
" We have met at the feast, and the full cups are flowing.-
" The meadow our carpet, thetent for our hall." . .
was then admirably sung by one of the company, all present join-
ing in the chorus.
Mr. Bitscoe next requested 'permission to propose a toast.
He saw, with equal pleasure, the inscriptions at each end of the
table, which bad been alluded to, and he thought they could not
be reminded too often that a freer
,and fairer election had never
been known—a more full and unequivocal expression of the feel-
ings of the county had never been manifested: There had been
no time for his Hon. Friend to institute a canvass—he had not
himself solicited a vote ; and when the day of election came he
could build no claims on the foundation of former Parliamentary
services.. He could not appeal to the past as en evidence of the
future—be could only offer general professions of-good-will, and
give promises as the pledges of his conduct. But such was the
confidence of the Surrey. freeholders in these professions and these
promises, knowing, as they well did, that private character was
the best security of public worth and political integrity, that they
had elected him their representative by a large and proud majority.
, Now, what were the principles professed by Mr. Pallmer, and
so much valued by his electors? They were principles of honest
and perfec). independence, and, for his own part, 'he had been
attached to.these principles from the time be was first capable
of guiding and governing, his own actions and opinions. He
believed that his Honourable Friend, however friendly his sen-
timents now, were to the views of the present administration,
would yet withdraw his , support whenever it deviated into a
line of conduct at variance with.the public good. Ile rejoiced to
find in the new Parliament above 50 independent representatives
of the people,
and among them he observed the name of Sir
Thomas Dyke Acland, and he hoped his Hon. Friend and that
Gentleman would he frequently found voting and acting in con-
cert. He then, after expressing his attachment to the neighbour-
hood where they were met, and to the individuals by whom he
was surrounded, assured them how deeply interested they all were
in the cause of Independence, and that if they expected to be duly
represented in time to come, they must take care to return their
Members rightly. As belonging to the University of Oxford, he
had long admired the honourable manner in which its representa-
tives were chosen—the candidate neither incurring any expence,
nor being permitted to muss ; and he wished every body of con-
stituents would follow their pure example. He trusted it would,
at a future period,
be arlopted by this county ; and, should he live
to witness another election, be would co-operate with those who
were agreed that our present Member, if he walked steadily in the
path he had hitherto pursued, should not be allowed to repeat those
sacrifices he had already made-. (to use his own words), .$ as his
contribution to the cause of independence," and in behalf of his
fellow-subjects. For their sake, also, he had sacrificed that ' re-
tirement which he loved...he might say, that domestic paradise
which he had formed—that dedication of his time to literature
dearest byi nprerro•epsoLing4, n
and science. He thanked the meeting for their patience, and
concluded
atoase
rt,reethdrn
eomo:ntdirmuporirtanty
oft Etoleeotuiernhes.s. t
and
upon the
PeA:zpty,saildie,
mthithatewalith,
mtheeeyt
wtheerier ienin
jpeaytiiner iatiplohnitthuenm,wiloi!nrganteashertahient:lset
The next toast was--i 4 The Health of Mr. and Mrs. Briscoe."
very
titre pinraiweeshicohf
,thwerinseth
itvheiss toaseestm.edTfilhiede
with
these two excellent persons : whilst the oldest inhabitants of the
place seemed t° feel pleasure in recounting the public and private
merits of the ancestors of this lady, the smile of grateful happiness
i
beamed upon thecountenance of all aged when she para.' He
hoped sincerely that the neighbourhood of Chertseyi
might 1
.ong
enjoy the blessings of their society, and that the coof Surrey
. county
might long possess an individual, who, though susceptible of feel-
ings of friendship which must do honour to any ' would ne-
ver man,
allow them to influence him in his pure and independent pure

suits of the good of his country. The toast was received *Atli '
the most enthusiastic applause.
Mr. Baiscoa returned thanks. In behalf of his wife, the de-
scendant of a firm friend of the people, and who had for several
succeeding Parliaments been their able and independent represen-
tative, be entreated them to accept his heartfelt thanks, and his
assurance that his own heart overflowed with gratitude for the
esteem and affection they had ever conferred upon her family.
He felt that feeble and slender were the services he could ever
hope to render them ; such as they, were, they might command
them to the uttermost.
The company soon left the dinner table, and the merry national
country-dance was almost immediately set on foot at the furthest
end of the meadow. Several dances were led off by Mrs. Pall-
mer and Mrs. Briscoe, in which nearly all present joined. A
more joyous scene it would have been impossible to witness; and
the festivities were prolonged-to a late hour.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Atta. 10.

EX-YARTI CASTEL, IN THE MATTER OF WENTWORTH, CHA-

LONIER, AND OTHERS, BANKRUPTS.
The partners, Wentworth, Chaloner, Rishwortb, (senior and
junior), and Hartley, carried on business at York, as bankers, and
the same parties, with the exception of Hartley, were bankers at
Wakefield. There had been extensive transactions between the
two houses,and for all the advances which the York house had made
to that of Wakefield, interest was alhnied. When the two houses
became bankrupt, there was a balance of 110,9801. due from the
Wakefield house to that at York ; and the petition before the
Court was; that the York house might be allowed to prove for
that sum against the estate, of the house at" Wakefield. The case
was the same in principle as some others which his Honour had
already heard.
Mr. Haar, fur the petitioners, observed, that all the cases
which had been decided had admitted the principle that a partner
in one business could prove against his partner in another, where
the debt arose out of dealings between them in the way, of their
respective trades. This, however, was thought to be affected by
the decision of Lord Eldon, in- the cio-e " Exparte Sillito in the
matter of Goodchild ;" but he (Mr. Hart) contended that that
decision was not contrary to the general principle of the eases al-
ready decided. His Honour had decided in that case, that it
came within the principle of the others, and that proof of the debt
ought to be allowed; but on an appeal to the Lord Chancellor, his
Lordship took a different view of it, and (but without affecting the
general principle of all the other cases) was of opinion that the par •
titular circumstances were sufficient to take it out of that prin-
ciple. These' circumstances, as his Honour would recollect, were
these :—The two persons named Jackson carried on business as
bankers along with Goodchild at Bishop-Wearmouth, and also at
London, but under a different name, and the same parties were
partners in each; but it appeared that the Jacksons also carried
on business as ironmongers on their own account, and without
any connection with their partners in the bank. The banks be-
came embarrassed, and not being able to raise money by discount
at the Bank of England, on their acceptances as bankers, the
Jacksons did so on their credit as ironmongers, and in that way
were enabled to assist the bank for some time. When the bank
failed,. the question was raised, whether they (the Jackson.) could
prove against the estate of the bank for the money so advanced.
His Honour was of opinion that they ought, but the Lord Chan-
cellor thought that, it not being a transaction in the way of
business, hut merely an advance from some of the partners,
iu their private character, to assist themselves in their character
as bankers, they ought not to be allowed to prove, and he reversed
his Honour's decision. The case of " Sillito," if he had thus
fairly stated the facts, would not, he submitted, be sufficient to
warrant the refusal of the present motion, because it was admitted
that the debt in, in this ease, arose out of regular dealings, in the
way of their business, between the two houses of York and
Wakefield. .
,The VICE-CHANCELLOR observed, that Mr. Hart had stated
the particulars of the case of " Sillito" correctly. The principle
on which the petition now before the CoUrt rested was the same
as that in two or three others which he had heard. He would,
therefore, look over all the cases which had been cited, and give
his judgment on all together.
Mr. Morersou (who was in one of the other cases referred tn)
observed, that he had given a great deal of attention to the case of
" Sillito," and he took the principle of the decision of the Lord
Chaticellor in it to he this—that a debt from partners in one firm
to partners in another, was provable under all circumstances,
unlesss it appeared that the dealings in both were for the joint
benefit of all, that was-.—to use the metaphor of his Lordship—
, unless they were wheels of the same machine.
Judgment deferred.
'fliers .was another petition in the cue, that Mr. Chaloner
might be allowed to prove a debt of 45,0001., on his own
private account, as against the Wakefield Bank, he being a
debtor to the same amount on his private account to the Bank
of York : but it was asked that he should not conic in till after
the general creditors were satisfied. This part rests upon the
general principle of the others, and will be decided with them.