The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-06-03 00:00:00

THE LIVERPOOL STANDARD.

renewed the . treaty„upon terms highly advantageous to Great
Britain;and not less so to Portugal,' as they will find in the end,
when, perhaps, it is too late to remedy the evil.
The new ministers of the queen are doing all they can to
bring the country into a quiet and tractable state. Three regi-
ments have been sent into the provinces, the 2d and 10th of
the line, and the gallant sth Cacadores. A. J. Fiiere, the mi-
nister of the kingdom, is a mad of great activity and decision,
who will neither trifle nor be trifledwith, and, from his general
character, has the confidence of the nation. Yesterday, a blow
was struck at the " licentiousness" of the press, which for some
time vast was become most scurrilous and profligate. Two
journals were put down, the Echb and the Feral, by a'jury.
ME FRENCH PONCES IN GEIZMANY.—Extract of a letter of
the 20th inst. :—" In all our political circles, and by persons of
divers opinions, the two French princes are treated with equal
respect. Many instances of the extreme kindness of our king
towards them are cited, and so deeply have they felt it, that they
acknowledge his majesty's conduct to be altogether paternal.
Eye-witnesses declare that it is impossible to find more tact,
modesty, instruction, and amiableness combined than are dis-
played by the two royal dukes, who are every Where mentioned
as models of good manners and grace. In the two brothers are
discerned features of their 'father's character, under the most
attractive form; great firmness. united with an elasticity of cha-
racter, that is truly remarkable. It is thought that the visit of
the French prince has note material object, as several publicists
would have it believed. The cldieuner dansuitt of the French
Ambassador yesterday was honoured by the presence of the
King and all the Royal Family of Prussia. M. Bresson is said
to have recieved au allowance of 150,000 f to cover the expenses
occasioned to him by the visit of the sons of his sovereign. A
A most gracious invitation has been addressed to Prince Charles
by the Court of France, which the prince has eagerly accepted.
he'l grand Cordon of the Legion of Honour, accompanied by a
letter written with Louis Philip's own hand, has been sent to
our Minister for Foreign Affairs."—Letters of the 21st state
that the dukes of Orleans and Nemours had gone to visit the
army on the-preceding day, and had assisted at grand military
mancenvres on the 21st. Their Royal Highnesses then dined
with Prince Albert, the King's son, and in the evening they
were invited to a ball by Prince Augustus of Prussia.

THE LIVERPOOL CHURCH ENDOWMENT.
ROLLS COURT.—MoNDAy.
THE ATTOnNEY-GENERAL V. ASPINALL AND OTHERS
Mr. BOOTH followed on the same side as the Attorney-Gene-
ral, Who was heard on Friday against the demurrer.
Mr. PEatuEitTON:in reply, said that in his opening speech he
had made same observations upon the duty. of the Attorney-
General, and in doing so he expected an explanation from that
officer as to the part he had taken in these proceedings ; but;
instead of an .explanation, the observations he hail felt it his duty
to offer had ,been eonstrued to be an attack, though no attack
was intended. His learned friend (the Attorney-General) had
talked about making a specific charge in another place, but
what had that-to do with the question before the court ? It
would have been far more important if he be had stated why the
information was filed. As far as regarded hiniself, he was at a
loss to find reasons for calling in question what the old corpora-
tion had done, especially as the act was admitted by all to be
most fit, meritorious, and laudable: Not only was its propriety
admitted, but his learned friend ,had gone so far as to say that
the Clergy ought to be endowed; yet he complained of the con-
duct of the late corporation as beiug in contravention of the act.
The Attorney-General had said that he had a discretionary
power to exercise; if so, and lie had no fault to find with the old
corporation, why lend the sanction of his name to what had been
done ? The indiscriminate use made of the power of the Attor-
ney-General in filing informations without due consideration
was extremely censurable. It was sufficiently apparent that
blame attached, as inforinations of late had constantly been re-
ferred back to the Attorney-General by the courts to reconsider
the points, and to determine Whether the proceedings should be
continued. It was, however, a mistake to say that it was not
within the power of the late corporation to make the endowments
even under the new municipal corporation act. The iunds
were solely at their coinmand, and they hail used them in pro-
moting. the views of.the legislature, Which professed a desire to
put an end to all ecclesiasticiil disputes and differences. No
better nlan could have been devised than that which had sug-
gesteeVitself, and the overturning of which would be to raise
questions for annual discussion in every municipal council in
the kingdom. If the advorksinis with the cure of 200,000 souls
were sold without endoWments, they would be considered of no
value; but with.tbeir present endowments it was most probable
they would bring large sums of money, which would go into the
coffers of the borough, and thus the inhabitants would be bene-
fitted by relief from poor rates. He was surprised to hear the
Attorney-General say that he (Mr. Pemberton) argued that the
old corporations had full power to waste and destroy the bo-
rough property—all that be had contended for was, that they
had an irresponsible power in the management of their funds.
Was he not borne out in such statement by the 92d clause of
the municipal corporation act, which enacted that after the ap-
pointment of the treasurer, the corporation income should be
paid to him, and be carried to the borough fund ? Did not the
same section provide for its application as it should from time to
time be received? The decision of Lord Cottenhain was not
unfavourable to the view taken of the case by him; it had left
the question entirely open, and only said that if a trust attached,
he would not permit the property to be withdrawn. What those
trusts were could only be collected from the subsequent clauses
in the act It was said further, that in raising the money the
corporation bad been guilty of fraud, andeompared the transac-
tion to a proceedings in hankruptcy, by which all that the bank-
rupt had done between the act of bankruptcy and the fiat was
avoided; but that' roceeded on the ground 'of persenal fraud,
and was intended for the benefit of a class of persons whose in-
terests were equal It'was not, however, every transaction that
was avoided because it was a fraud upon an act of parliament.
He-would refer to the marriage act, for the express purpose of
avoiding which persons continually crossed the border, and vet
the legality of the practice had never been questioned. This
case had been assimilated to a case of waste, but eo malicious
waste had been shown. Had the old corporation commenced
pulling down the houses, or destroying the docks, the court
would have restrained them : but 'such was far from being the
case, tor the endowments were
w
mThaekia Ct
mortgages.full fully recosgani
eisse.dantdhelepaosewse rof the
it olddimested corporationthe ne to
because
council with the power of looking into them. Mr. Pemberton
said, in conclusion—" My lord, I do not mean to trouble your
lordship further in this case except with reference to one ob-
servation which fell from my learned friend Mr. Booth. He
says, 'Why do you not apply to the privy council?' Why,
my lord, the reason we do not apply to the privy council is this,
that the new council of Liverpool are not the persons who are
proceeding. The new council of Liverpocl agree with us; the
new council of Liverpool approve of that which has been done,
although against their own wishes. They refuse to interfere.
If, indeed, my lord, I could suppose this was the proceeding of
the new council—if I were to be at liberty to imagine that the
new council of Liverpool, who hold their large property devoted
to these particular trusts, were indulging themselves, not with
making bonfires' and illuminations, as Mr. Booth seemed to
suggest, but in dissipating the funds of this corporation, by pay-
ing special retainers to two most able counselj- (not accustomed
to come into this court) for the purpose of arguing this case,
why then, my lord, undoubtedly, if I could for a moment as-
sume that this proceeding was not the disinterested act of
MesSrs. Jevons and Bolton, but that the new council of Liver-
pool
under the mask of these gentlemen were prosecuting this
information for the purpose of withdrawing themselves from the
jurisdiction of the privy council—then, my lord, I should adopt
a very different course of proceeding. I should immediately
recommend my clients to apply to your lordship to take this
information off the file. Let any attorney-general give the
sanction of his name to an information filed under such circum-
stances, I should not hesitate to apply to Your lordship, or, if
necessary, to the House of Lords, to take that information off
the file. Talk of a fraud on the act of parliament!—complain
of this act of ours as having been done in fraud of the act !
why, my lord, such conduct as this would be practising a fraud
on the act of parliament, if this was a case in which an applica-
tion could be made to the privy council, in which this informa-
tion was filed really by the new council, and in which they were
maintaining out of the corporate funds the expenses of that in-
formation which they dare not avow is their own act. My lord,
it is because that is not the case—it is because this is not the
information of the new council—it is because we are excluded
from applying to the privy council that the foundation, the main
foundation of my defence in this case rests. I say if this was
the proceeding of the new council, we could apply, and we
could call for the control of the privy council; and *I say it is
clear the legislature never intended that that discretion which
on the part of the new council was to be subject to his Majes-
ty's control, on the part of any individual or any stranger should
be subject to no control at all. And, therefore, my lord, it is
for that as well as for the other reasons which I have taken the
liberty of addressing to your lordship in this case, it does seem
to me on the clearest, legal ground, as well as equitable ground,
that this deMurrer ought to be allowed."
Lord LANGDALE.—I will consider of this for a few days. It
is clear I must take this to be a ease in which the new council
refuse to interfere. It is so alledged in the information. It is
clear I Must take it to be a case in which there is no collusion
alledged. I will consider it fora few days.
* Mr. Booth was ridiculing the argument, that the old coun-
cil council could do any thing they liked with the funds, and
said he supposed it was contended they would make bonfires
and illuminations" in honour of.tbeir going out of office.
t The Attorney and Solicitor-General, who must both have
had large fees.