The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-02-26 00:00:00

Jis was a matter that might have to be c

divisions, but by arms

and lie would ask if their foreign

relations were in a position to render them careless of such
gentleman then adveited to the
said that a people who could ex-
ice of self-denial, must be eminently sus-
.ganised, as they were by agitators of
rld rarely saw. Such a people, so or-
so led, must be sufficiently imposing to cause any
government to shrink from giving them just cause of dissa-
tisfaction. The hon. member for Dublin had taught a lesson
to the world—that the most successful insurrection, and the
most difficult to be dealt with, was that which was always to
be dreaded, but which never broke out. All these consider-
ations, he contended, pointed out the only safe course to be
pursued—that of conciliation. _

perance movement, and

habit such an ins
ceptible and highly o
ability, such as tl
ganised an

- Sir JAMES GRAHAM said that the hon. and learned gen-
tleman had talked, at the commencement of his speech, of
his candour, and of the calmness with which he would argue
the question before the house, and he (Sir James Graham)
was therefore not a little surprised at some of the topics
which he had subsequently introduced and dwelt upon. He
envied neither the discretion nor the patriotism which cha-
racterised the latter portion of his speech, and he even
doubted if anything more inflammatory could be found in the
harangues of the English radicals, or in those delivered at
the Corn Exchange in Dublin. The right hon. gentleman
the Secretaay of War- had described the bill of his noble
friend (Lord Stanley) as a childish production ; but if he was
only to ask the noble lord near
him (Loild Morpeth), he
would tell him that it was a troublesome child to deal with—
that he had attempted last year to smother it, and had since
then thought to change it at nurse. If in any. future debate
the right
ld would hon. gentleman would make a similar speech, when
the chi have an opportunity of replying, he would
find that he could give harder. hits than he expected, and that
his speeches contained something more than glittering con-
ceits .and impotent pueitne-s. The right hon. baronet pro_

ceeded to argue in favour of the solvent tenant qualification,
as affording some security to the country of the independence
and respectability of the voters ; and contended that the vice
of the bill before the house was, that it attempted to esta-
blish the franchise upon numbers, and not on property. The
was a concession.

proposition of- a L 5 franchise for

n the part of the government, to the hon. and learned mem-
,er for Dublin, and he confessed he had the most evil fore-
,odings of the manner in which it would be applied if

wemuer. tor .unulin bad spoken
o explicitly upon the subject of separation, as they had
)een threatened with it that night by the honourable mem.
Ter for Liskeard. In order to show how far the goy"
Went bad _ r• .

accor

tne agitation of the repeal of the union, the right hon. baronet
referred to the thirty-eight members who, in 1834, voted for
a repeal of the union, and showed that many of them had
received very valuable appointments, and that the judicial
office of Chief Baron bad been offered to Mr. O'Connell,
who had, however, declined it, lest, as he said himself, " the
judicial office should be polluted in his person." He took
down the words at the time, and thought them a very singular
compliment to the government which had tendered the office
for his acceptance. He would, for his own part, cling to the
measure of Lord Grey, resolved to resist the progress of that
d overthrow the in-
crown itself in the

stitutions of the country, involving th
general destruction.

Mr. SHELL challenged the right hon. baronet who had just
at down to deny, if he could, that, although now avowing

liad, in a speec

Stroud

ucciarea tnat ne was one of a committee of 12 who had been
appointed to consider of, and had actually reported upon,
the propriety of adopting the ballot. In reference to what
had fallen from Lord Stanley as to the right of landlords to
influence the voters of their tenants, he reminded the house
that the exercise of the franchise of the 40s. freeholders was
never complained of while they acted in subservience to their
landlords • but the moment they acted independently, it was
immediately seen that the franchise was improper, and it was
forthwith abolished. The right hon. gentleman then sought
to fasten a charge of inconsistency upon Lord Stanley, in
having been himself the party to establish the " beneficial
interest" franchise, which he had previously, while in office,
repudiated. The refusal by the landlords of Ireland to grant
leases which would confer the franchise, was a conspiracy
against the Reform Bill which called for the intefetence of
parliament to repress, and the bill before the house was the
remedy suggested by the government for that purpose.
At the close of the right hon. gentleman's speech the house
adjourned.

LEGAL INTELLIGENCE,

ROLLS' COURT-MONDAY

DUNCAN-V. M`CALMONT AND Co.—This case was argued
in November last, and the facts were published at the time.
Lord Langdale stated that the object of the present appli-
cation was to obtain an injunction to restrain Robert M`Cal-
mont and others, comprising the firm of M'Calmont Brothers
and Co., of Liverpool, merchants, and Thomas Benson and
William Chapman Benson, comprising the firm of Benson
and Co., of Liverpool, from prosecuting a suit in the High
Court of Admiralty, which they had instituted against the
owners of the freight, and also against those who had given
bonds for the value of their freight. Messrs. Benson were
the owners of the ship called the Lord Cochrane, which they
sent, under the command of Luke Hall Smith, to the Island
of Ascension, with government stores. From that place she
went, in ballast, to Pernambuco, where the master gave the
ship in charge to Messrs. M'Calmont and Co., who provided
for her a cargo home, with which she started on the 28th of
June, 1839, but the day after she struck on a sand-bank, by
which she sustained considerableklanaage, and returned. The
ship was then repaired. by the orders of M'Calmont, under
the direction, as alleged, of the master, and the cargo was
again put, on board. On the Bth of June, 1840, Messrs
M'Calmont and Co. obtained from Luke Hall Smith a bot-
tornry bond for £8558 12s. 4d., for the sums of money ex.:
pended on the repairs, with commission. This bond was sent
to the firm of M'Calmont Brothers and Co., of Liverpool,
and before the arrival of the ship they obtained a warrant of
arrest, under which the ship and cargo were seized ; a part of
the freight was taken by the owners, who gave security in the
Admiralty Court for £7500, the amount of the freight, and
the arrest was superseded. Messrs. M'Calmont and Co.
then proceeded to enforce the payment of the bottomry bond,
and to obtain the amount of the freight for which security
was given, and for the freight of other goods, in court, upon
which the present bill was filed. His lordship then referred
to the arguments, and observed that, previous to the filing li
the bill, nothing had been done to determine the right of the
parties. The proceedings in the Admiralty Court were not
so effective as they were in this court. The proceeding by
act upon petition was a summary proceeding, and sufficient
to answer the purpose in general, but it was not sufficient
for the investigation of more delicate questions. It was quite
sufficient for an application to this court that the proceedings
in another court were not adapted to a case. The parties
were entitled to have the case investigated before they were
called upon to pay the amount of the bond, and since this
court had full jurisdiction, and the proceedings in the Court
of Admiralty could not so satisfactorily inquire into the facts,
the injunction must be granted. He should, however, call
upon the bail in the court to secure any sum of money that
might be found due from them in this court.
Mr. Pemberton acquiesced in this.