The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-30
NEW YORK HERALD, WEDNESDAY, JULY &c. 1856


languages, and had acquired considerable a ;
quaintauce with Latin and English. The seconi
king is sta ed by sir John Bowring to speak an 1
write English with ease and correctness. Both ar
stloDoners, able 10 make an observation and work
an eclipse; and the second king is also chemist
and mechanician. Both have written letters to her
Majesty the Queen, in English which credit .ble
performances. The head king has entered into a
treaty OF amity and commerce with this country,
which gives Englishmen right to hold land and
to be governed by their own laws in SIAM and grants
other valuable privileges thus opening up to
terprise country which has hardly been less shut
to us than China itself Their Maesties were unani.
m0usly elected.
We doubt ii there is any sovereign in Europe who
possesses the scientific knowledge Of these Siamese
poentates; and trust that they have been raised
up to be nursing fathers TO the cause of Christianity
among their own subjects.
AMERICAN AFFAIRS IN CHINA AND SIAM.
FROM the Overland Register, May IL
The United States steam frigate San Jacinto is ex
pected 10 arrive here hourly with the Hon. Town.
send Harris, Commissioner to Siam and Consul
General TO Japan, on board 1t is expected that h
will have successfully brought to point com
mercial treaty between the King of Siam and The
COVE OF the United States The treaty which
Commodore Perry made with the authorities Q
Japan has proved itself to be q something which
did not even require coach and four to drive
through We have had warrior to enter the wedge
we have hao a psuedo politician to follow him 0
in eDdeavors to break dosn the exclusveness of this
singular people; and now we have shrewd Yam
kee and common sense merchant, VINO goes 10
Japan with all the privileges conferred upon him BY
the treaties, to follow them up, and don't say too
much when aver that the common sense OF the
merchant will speedily show forth and put to right
the bunders OF the warrior and pseudo politician
his predecessors in diplomacy.
THE ESTATE OF MESsRs. NYE BROTHERS AND COM.
PANY.
From the Overland Register, May TO-
Messrs. Russell, Sturgs & Co., of Manila, having
commenced an action against the above estate for
$4,000 endeavored to seize some of the property
which had been assigned to the trustees ia Canton.
This resisted by the body Of the creditors. The
was retained as counsel for the defendants trustees
and creditors in support of the assignment. With Mr..
G. Cooper Turner as solicitor, and Mr.. Kingsmil as
counsel with Mr.. Henry j. Tarrant as solicitor for
the plaintiff the American Consul having consent
ed to allow them to be heard in the case.
Mr.. Anstey made long speech, of course which
we see he threatens to publish, basng his resistance
to the action on the American treaty with China,
the law Of nations and principles OF equity. Mr..
Kingsmil grounded the right Of his clients to pro-
coed on the mere matter Of law. The principles Of
equity carried the day, will be seen by the follow
ing decislon:-
from Records of the United States Consular Court at
Canton, May g. 1850
The following Is decision of the Court in the
Russell sturgis Nyer Brothers Company, on the
motion to stay proceedings
After due and caletul consideration of the the
Court decides:-
That the assignment made by Gideon Nye Jr., on the
18th OF March last OF all and singular his real and per
sona property, well all and singular the real and
personal property belonging and appertaning the
commercial house OF Nye Brothers 4 Company, unto
Mes s. Russell Company and jan es Purion Com.
pany in trust for the benefit OF each and al the creditors
OF the said Gideon Nye K Company and the said com
mercia house Of Nye Brothers Company has received
the and adoption OF his the saio Gideon Nye's
partners and that assignment made after insolvency
which divides the assets with perfect equality among all
the creditors is considered by the Court under its equity
jurisdiction as valid trust and will be sustained
II is therefore decreed that all proceedings in this
be stayed without day. The costs In this case to be
rad one half by the plaintiffs and one half 'y the inter
venors. OLIVER III. PERRY, L. :. Consul.
l. n HIrcHcocK and o. E RoBKRrs, Assessors
We shall not say much at present on this subject,
but at fest sight it appears to US that the Consul and
bis assessors have made mistake, Tor we cannot
understand what bar the American treaty with
China, or the law of nations-which we may remark
incidentally the present Attorney General of the
United States, Caleb Cushing, maker and signer OF
the American treaty, does not allow to extend TO
Chira-bas to do with preventing one American sub
iect pursuing another and obtaining judgment
against him before an American court. As for the
assignment itself II Il only good against those who
concur IT. and can in way bind the rest OF the
creditors, either in law or equity. case will be
heard here shortly, we believe, which expect wi
enlighten the insolvent trustees and creditors II
what we have been pressing upon them that there
nothing to prevent the thorough sack OF all the pro-
pery by any person who chooses 10 stand out and in
sist on his rights. And we may conclude that i :
not at all likely that American citizens will allow
American Consuls to prevent them obtaining salts.
faction OF q fellow citizen.
ENGLISH LAWYERS PRACTISING IN AMERICAN
COURTS.
from the Overland Register, May 10.l
There has been an official announcement that bar
rsters permitted to appear in Consular Courts,
sent to Sir John Bowrng by Earl Clarendon. which
his Excellency has not thought fit TO publish. This
right has been twice asserted by the Chief Justice
permitting barristers who had been excluded from
the Canton Consular Court TO attend-a direct and
Off ,ial announcement of the right was however OBJ
tanned from Lord Clarendon by the exerions Of Mr..
Bridges This right OF appearing by counsel has
not met the approval OF some OF the inhabitants
under the jurisdiction of the Consular Courts, but
singularly enough they all come TO the conclusion
that II lawyers are to appear before the Consul the
Consul ought to be lawyer also. Without assert
ing that the Consul should be q lawyer, we may
say he would not be the worse for know
ing something Of the rudiments Of law. Now, the
whole question Of the admission Of barristers or
attorneys in Consular Courts arose from two most
egregious plumbers, committed by two OF our most
talented Consuls nj Canton. II our most able Con-
suls could 40 err, what might we not expect from
the rest and the extraordinary Of SUCCESSORS with
which we are threatened
Singular enough, the first employment our bar has
had in Canton has been at the American Consulate,
the American Consul having permitted two bsrris-
tiers to appear in the case Of Russell, Stnrgs Co.
and Nye Brothers 4 Co. This Is mentioned as q
singular instance OF liberaty, and II Is. IL il
also stated that II In the first time English crown
lawyer has been permitted 10 appear in an Ameri-
court OF justice since the Declaration OF indie
pendence, in Ire. Mr.. Anstey is only an English
crown lawyer wi hin the bounds Of the colony Of
Hong Kong. and we question very much II he Il
even entitled 10 wear a silk gown out Of the colony
be appeared therefore, as simple barrister In the
American Consular Court and PERMISSION to English
lawyers TO practise in American courts Of justice Is
no new thing. Mr.. g. Cooper Turner, the solicitor
with Mr. Anstey, was on the rolls Of the court in
California.
Affairs In Perm.
From III panameno, July o.
What kind Of despotism Is that Of General Cas-
tilla7
II is q law Of humanity TO advance to perfection