Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-02-11
THE FAMOUS CASE OF LORD STIRLING.

We understand that the Press is beginning
to take notice Of this important case One
more remarkable has rarely come before MS
and never, we believe, have we heard Of one
more deserving the sympathies OF the People
of this country, both ON account OF the base
ness of the efforts to falsify law and facts,
and because there are really interests at stake
which might, and ought to be made available
for the purpose Of retrieving the bungling d.
plomacy of 1918 in regard to the Fisheries.
Our readers may recollect that, in August OF
last year, some notice was drawn to the case
by the announcement that company was
formed for the purpose Of trying the question
in the Law Courts as to the right OF Great
Britain to the Fishery grounds. The ground
Of this pretension was, that Lord Stirling act
ualIy possessed in law, by acts judicial and
royal seisin or lawful right over the whole.
And this is perfectly true.
The Government of England, although IT
could not openly violate the sanctity OF the
law, nor deny the act Of the sovereign made in
conformity with that law, sought while hold
ing Lord Startling quiet under pretenoe OF COM
promising with him for his immense rights, by
underhand means, to undo what it had vainly
sought to defeat in open court
They accordingly commenced All illegal ac-
ton against Lord Stirling by means Of . treach-
erous agent; which action ought to have been
dismissed 1T the onset, having been in open
violation Of the law and practice Of the British
courts And this was recently declared to be
illegal in the House Of Lords. But the agita-
ton in the Canadas, subsequent to the estab-
lishment Of Lord Stirling's right in 1881, was
such that the judges Of Scotland, at the desire
Of the Government, tolerated this illegal action,
for the purpose Of giving the impression that
the right had not been established.
To fully comprehend these points, those OF
our readers who are curious for details must
consult the able work of Mr.. j. L. Hayes, now
about to be rspublished Every man ought to
read and understand it.
AS however, our subscribers may desire to
have few facts on the case, we will state some
leading points; the more 40 as agents OF Eng
land have been remarkably active in classifying
the truth, and in all their attacks have care.
fully ignored the Judgments in Lord Strings
favor.
We shall divide what we have to say into
two parts the right Of Lord Stirling to his
title, and the right to his property. Of the
first, we, in this country, care nothing We, OF
course, in courtesy allow every man the name
or distinction to which he is entitled in his own
country. But in this case it is necessary to
consider il, because it cannot well be separated
from the fact of legal right to the property.
Lord Stirling took up bis title in 1925, having
been acknowledged and received according to
Scotch forms by the assembled peers Of Scot
land, to whom his right was well known. He
has ever since sat and voted with them. When
the Crown Of England began to be afraid Of
his establishing his right to the British Prov
inees, which had been granted by five charters
to his ancestor, and all confirmed By act Of Par
iiamsnt, it opened an opposition in the Court
of Session against his right to the Earldom Of
Stirling. The case was argued before the
whole bench of thirteen Judges, who tFebru-
airy 9, 1s30) unanimously sustained his right
It subsequently came before the Lord Chancel-
lor Of England who likewise recognised his
right. II was likewise dragged on bubble
before the Courts Of Queens Bench and Com
mon Pleas, which on each occasion sustained
the other judgments. II likewise was recog-
Missed by the King in Council, in August, 1891,
in q most formal manner. And finally when
the illegal action commenced in 1893, was
brought into the House Of Lords, il was finally
admitted before that tribunal--thc highest in
Great Britain--and before which no man can
present himself, bearing name or character
not recognized or established according TO law.
Hence, on the point Of title, there has not
been an instance on record in Great Britain,
Of such repeated and unanimous recognition.
The reader, surprised, will perhaps ask, Why,
then, this perseyoring opposition The answer
is simple enough and We give u in the words
used by many British Ministers--thst the
claims involved political consequences Of such
moment that the Government was afraid 10
grapple with themn This is the key to the
Wnoto hyoeorys
Now, as to tho property. The Scotch law
requires certain forms to be gone through, be-
fore an heir can enter into possession Of bis
lands, and the rights appertaining to them. All
these Lord Stirling fulfilled. He obtained four
verdicts Of Juries Of IS men each--snd finally,
after the last or special Jury, the King William
Nv, on writ issued from Chancery, gave him,
in the castle Of Edinburgh, seisin or legal
possession Of all his lands and rights These
lands comprise the whole Of the Canadas Nova
Scotia, &c, and the Fisheries. BY that instru-
ment Of seisin, the charters confirmed by act
Of Parliament became again the law Of those
countries, giving the Provinces in fact through
Lord Strings rights entirely independent
of Government
On the completion Of that act, on the sth Of
JuIv 1871 n great dinner was giyen 70 ord