The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-03
Victoria and Prince Albert In the Court Of
Chancery.
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Victoria and Prince Albert In the Court Of
Chancery.
GFrom the London Atlas
Tact has come under notice, to which we
attach more Importance than to the ordinary news.
1t is not often that royalty has occasion to appear
In the courts OF law or OF equity. There can be no
doubt but that, as LAID down in Blackstone, the
sovereigns OF this country can sue as plaintiff in
the courts IN respect OF private and personal rights,
because they have those ri ghts as individuals and
not 1tre corona. But although such right UNI
doubtedly exists-and it is part of the pride and
privilege OF Enghshmen that it should exst--the
instances OF its exercise are rare. When the right
TO be asserted by the sovereign must be enforced
by court of equity, difficulty arises because
an Injunction in chancery Tin vacation) must be
obtained on petition and affidavit, and there would
be contradl ctlon In the sovereign himself Pei-
tloning the Court OF Chancery.
In the case to which we refer this DIFFICULTY has
been got over by an arrangement quite Legitimate.
There are cases, we believe, on record, where
Prince George OF Denmark was suitor In the
courts, though We are not aware that he ever sued
In his capacity OF husband OF Queen Anne A
Prince Con sort, however, can initiate proceed
ings in chancery on behalf of the sovereign, which
could not, without an apparent contradiction, COM
mence from the Crown. Prince Albert has stepped
forward as the legal champion OF the Queen.
Her majesty and the prince are well known as
patrons OF the arts. They are not patrons in
merely vuIg gar sense, but themselves follow art in
various branches with pure love not often mani
tested by royal persons Our readers may remem-
Der to have read an account, not long since, OF
nous drawings and etchings w ich have been
executed by her majesty and Prince Albert, and
which excited a deserved admiration in those who
were so favored as to be allowed to inspect them.
These drawings, or etchings, or copies of them, 1t
seems, have, by some scandalous turptude, been
distracted from the palace without authority
They were taken to publisher In Paternoser-
row, who proceeded to advertise them for publlca-
ton, with descriptive catalogue.
1t was not to be supposed that this piracy could
IN a IN hat he uad
were our gracious and her consort was no rea
son why punishment should not follow the offence,
Accordingly 1t was resolved that proceedings
should be taken to restrain the individual In ques
ton from edlng with his threatened publlca-
ton. 1t was necessary that Prince Albert should
make an affidavit, which he did. We subJoin an
abstract OF it,
The deponent describes himself as Albert, Prince
of SAKE Coburg and Goths, Consort Of her Majesty
the Queen" and msketh oath and saith, That he
has looked through the book ntuled, "A Descriptive
Catalogue of the Royal Victoria and Albert Gallery
of Etchings' That there are such etchings made by
her Majesty and himself respectively as therein mem
toned that the same were made for the private
of her Majesty and himself, and not for publica
ton That they had private press from which they
occasionally took Impressions of the etchings and that
the plates and kept locked up by her Majesty,
in order to prevent the same becoming public bat
that copies are left in some OF the private
various family portraits and etchings from old and
rare engravngs in the possession of her Majesty and
several from such original designs as in this catalogue
mentioned and that amongst shch etchings
raj portra of the Princess Royal and such in
the royal nursery ss in the catalogue men toned
That etchings intended for the private use
of her Msesty and the deponent only That although
some Of such etchings have been given occasionally
and very rarely to the personal friends of her Majesty
yet the deponent says speaking positively for himself
and the best Of hi. belief for her Majesty, that
such collection that advertised for exhibition
given away by them either Of them, by their
either of their permission That such collection
the defendant the person or persons in the possess
zion of the collection advertise: ivr exhibition
must have obtained and did obtain the same from
some person or persons surreptitiously. That by
whatever means the same were the exhibition
Of the said stchings or any Of them Without the
d.ponent and believes that such catalogue could not
have been compiled or made except by possession Of
the several impressions of the said etchings surrep
titiousy obtained That the deponent's first know
ledge Of the existence of such catalogue of etchings
the 18th October instant, when 1t was given to
been left at the palace directed to her Majesty and
him sb
NIT them to pubic exhibition and he believes on the
same occasion and at the same time, her Majesty first
became of the existence of such catalogue and
deponent Immediately desired the said G. F. Arson,
Esq write to the private solicitor Of her Majesty on
the sui ject.n
Upon this affidavit an injunction was granted to
restrain the publisher in question from proceeding
further in the business. The application was
made, and the injunction granted.
1t appears that, IN legal point OF view, the !
question is a new one. The case OF piracy OF
drawings not intended tor publications. does not !
appear TO have come before the courts IN any pre-
vious instance. The nearest case to it, In which
an injunction has been granted, was where the APP
plIcation was to restrain the publication, by a
piratical book seller, of Archdeacon Paleys MS
sermons, after his death.
We rejoice that her Majesty and her husband
should have stepped Down from their altitude thus
to defend their personal rights. 1t Is time that
royalty should be more efectually protected
against intrusive vugarity But we rejoice, also,
at this fact, because IL gives unreasonable an
evidence Of the healthiness of our institutions,
and the absolute tranquility of our condition.
While other sovereigns OF Europe are fugitive or
trembling on their thrones, the chief anxiety OF
the Queen OF England (apart from those great du-
ties which she transacts with her ministers) Is to
protect herself from the annoyance which natu-
raj modesty, as an amateur artist, no doubt ex-
aggerates, OF having her drawlngs-executed IN
the leisure of domestic relaxation, and only com
municated in the sacre dness of private friendship
published, without authority to the world, for
the mere qualification OF an idle and purrient curl
osity.
The Duchy of Parma.
From the Allgemeine Zeitung Of Oct. IL
The Gazetfa Piemontese Of the 9th September, con-
taiDs protest from the King of Sardinia against
nfeso Of the Duke of Parma dated Westropp, 2lst
August, and published on the LIST September by the
Austrian military authority in the Duchy Of Parma.
ons granted by him to his subjects as we'll as the acts
of the Austrian Military Government, until he shall
In OF der to nullfy this document the King Of Sar-
dinia adduces notes of the Duke Of Parma dated
18th March and sth April 1S4S, addressed to the Pro-
yislenal Government which he had then appointed at
Parma-to the effect that, overcome by the force Of
cir cumstances, he submitted the fate # himself and
his domipions to the decision of the three sovergns,
Charles Albert thus TX, and Leopold H. declaring,
moreover, that the previous convocation had been
necesitated by the presence of Austrian troops The
azeta Pemonfese infers from this last declaration,
that the dukes manifesto Of the 2lst Of August
also occaoned by the presence Of Austrian troops in
Parma.
To Mace this matter in its proper light we beg the
atte ntion of readers the following brief state
ment of facts -
Soon after Charles Louis Duke Of Lucca) had sue.
ceeded according to treaty to his hereditary domi
mons Of Parma and Pscenta the public spirit OF
Italy reused against absolute forms OF government
and the duke in order to meet the wishes Of his peo
pie. gra nted them concessions much more broad
and popular basis than had been lded by any other
Italian sovereign Out Of zeal for the interests OF his