Star.
London, England, 1805-01-17 00:00:00

SONG..

Blythe as the twittering Birds that play,
Round yonder ivf'd Tower,
Or 23 the gentle Zephyr• gay,
That fan yon fragrant &NW!
Soft pleafures did my hours employ,
No furrow filrd my brealt ;
Till Love dole in delulive joy,
And robb'd my heart of refl.
Now like the plaintive Bird of night,
Which to the Moon complain,
When dillant from ber Lover's fight,
She fuffers endlefs pains :
Life her, thy abfenee, gallant Youth,
With nnfeign'd grief I mourn,
Unknown to thee my love and truth,
In hopelefs lapses I burn! at, c.

LAW INTELLIGENCE.

COURT OF CHANCERY, JAN. r 6.

J. /t.DOLDER O. THR DANK Of ENGLAND, LORD HUH.
TINCDON, AND THE HON R. WALPOLI.

This will appear a cafe of great confequence, whe-
ther we attend to the parties concerned, vs the mag-
nitude of the intereft, or to the great political ob-
jeas conneaed with its decifion. The Plaintiff is
nn Ws a perfonage than the Landman, or Supreme
Magiftrate of the Helvetic Republic. It is well
known, that the two latter Defendants are engaged
in a great banking concern under the firm of Van-
neck and Co. At the awful crifis when the Cantons
of Su itzerland were threatened with deftrullion as
an independent power, by the impoinig tituation of
France in 1798, the Cantons of Berne and Zurich
had the prndence to inveft a confiderable portion of
the funds of their refpeaive hates in the public fe-
entities of this country. Purfuant to this defign,
854991. fo•. 2d. was placed in the three per cent.
Cunfolidated Annuities ; 158,3831. 6s. Bd. in the
Smith Sea Stock ; and about 34,0001. in Bank hock.
The agents of this country, for the apprpriation of
thefe mcnies, were Lord Hnntingdon, and the Hon.
Robert Walpole, who were direded to employ them
in this manner, by the connituted authorities of the
two Cantons w• have named. The dividends refult•
fug from thefe inveftments, to the time when this
hill was filed in Chancery, amounted to the fum of
57,0c91. 133. rod. and the prefent application was
to psocure from the Defendants the payment of this
nun iat-t Court.

ROMILLT. on the part of the Plaintiff, raid,
that this money had been intrufted to the Corpora-
tion, and to the Noble and HonoUrable perfons who
were the Defendants in this caufe, at the time when
the Thirteen Swifs Cantons were independant aster,
both with refpea to each other, and to the reit of Eu•
rope. In 1798, the inhabitants became united under
one Government, called the Helvetic Republic, and
thus the particular Cantons interefted in this proper-
ty ceated to exiß as political and feparate powers.—
It then became neceffary to provide a receptacle, or
general treafury, for the funds of the thirteen dillina
Rates ; and it was ordered, that the property be-
longing to the different Cantons fhould become Na-
tional property. This determination was made by
the esifling Government, and was confirmed on the
3d of April, after the union, by the Senate, elected
according to the forms of the new Conftitntion. In
coutionence of this law, the prefent Plaintiff became
she Reprefentative of the Rate for thee particular
to:ids b4,re appertaining to Berne and Zurich, and
in this character he was authorized to apply to the
Court to receive the dividends refulting from the
ioreilments, conlßing of 57,009!. 13s. sod. under
its immediate protedion.
Mars. RICHaRDS and HOLLIS, in reply., Paid, the
IMendants admitted that they were not entitled to
this property, but before the Plaintiff could require
of the Court that it fhould be depollted in the hands
of its Receiver, he fhould make a fritria facie cafe at
lea. t, that he himfelf was entitled to it. The
ciivilemis were calculated at the Turn of 57,0001. and
a fn. a 1 faction ; bat it was not coiled to affert, that
the s hole of this would even belong to the times of
B curt and Zurich, did they esift • for Anthony St.
D, lie:, a banker of Paris, was polkaed of an affign-
'Tent of the principal monies, to the extent of
66.1001. and be had filed a bill for the transfer of
Rot kto that amount. But the chief objection was
to the character the Plaintiff oLn:ed. This coml.
try does not acknowledge any flelvetic Republic,
and no Municipal Court here can therefore fuppole
loch a power to ex& From the eflablilhed forms
founded on the royal rights, this Court could not
even agitate a queltion of this nature, excepting in
the pretence of Lis Majefty's Attorney General ; and
it was abklutely neceifary, that this officer of the
Crown thould be made a party in the caufe. The
relent queltion teemed precifely fimilar to that
which was before difeuffed on the rights of the Rates
of Maryland, previoufly and fubfequent to the Inde-
pendence of America : and it was determined that
the property of that Rate fhould devolve to the Crown.
The Learned Counfel further contended, it was not
necc rfary for them to give any anfwer at all to this
petition ; that if the Attorney General were to think
pro:ter to file an information, their clients would be
ready to give the fuitable anfwer. The argument
drawn from the decree of the Senate, veiling the pro-
perty of particular Rates in the treafury of the Hel.
eerie Republic, was; inapplicable, becaufe a new re
volution had finse taken place, under the immediate
aufpicei of the public enemy of this country, by which
• all former laws were abrogated,

• Mr. ROMILLY made a very long and able reply, on
behalf of the Plaintiff, and adduced, as an example,
the fituation of Ireland, which bad been united to
This country. He confidently maintained, that if the
filter ifland had invelled large fums in the funds of
a foreign Rate, on the principle of the argument now
employed, that Bate would be jullified in feizing the
w1.4,1e property for its own purpofes.
LOILD CHancat.Loa.—" The cafe materially dif
fat from that connetted with the States of Mary-
land. The old Government of Maryland exilic()
under the King's charter ; a revolution took place,
and the Court held, that a property invefied under
a charter, was not to be tradmitted to a body, not
flailing under the authority granting that charter ;
and hence, the property devolved to the crown. No
fuch canne(lion with this kingdom (airlifts here,
anal this makes it a very different queltion. It is an

enquiry of another kited, and a very large one too,l
whether a Municipal Court can aft with the govesn•
ment of a country which has not been acknowledged
by its own ? As the matter Rands upon the record,
fume unavoidable confufion arifes in an affair of this
public nature, from blending what we privately mull
be acquainted with, with what is judicially before us.
ft would be idle to fay, that the form of the Helve•
tic Republic has been recognifed by this country ;
but fitting here as a Judge, attending only to the
documents before me, it may, with rape& to them,
turn out to be fo, or otherwife ; and while it is in
dribio, a m;ghty difference in the queflion may he
occationed. The fimple objeft of my attention now
is, if *le money fhould be ordered into Court, all
the proper parties concerned not being before us.—
Thefe Defendants have an intereft in this money
againft all the world, excepting the particular per-
lon or perfons who may be entitled to it. Until all
parties interelted arc brought before me in the pro-
ceedings, I think it too much to expedt that the mo-
ney (hould be taken out of the hands of the Delen.
dants ; but when lam fore all the pet-Gins interefled
are adduced, and you titan make the Attorney-Ge-
neral a party, I can have no objection to have the
quellion again agitated."

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