Delaware gazette and state journal., 1897-05-27
London Times, April soih.

London Times, April soih.
DR.. Tristram, @. c., Judge Of the
Consistory Court of the Diocese of
london, sat in Chambers yesterday
afternoon, at London house. st. James,
square. for the purpose OF delivering
Judgment in an application by Mr.. Il.
White, Secretary TO the American
Embassy. on behalf of Col. Hay, the
present Ambassador of the United
States OF America at the Court of st.
James, for the manuscript known as
"The Log OF the Mayfluwer" to be
delivered over to Col. Hay on his
arrival III England, or TO himself in
the meantime, instead of to Mr..
Bayard, on the ground that on his
return from the Continent to England,
when the delivery was to be made to
him, Mr.. Bsyard would have ceased to
be Ambassador here. The facts of the
case are fully set out in the judgment
of DR.. Tristram. The Bishop OF London
and Mr.. Bayard were present.
The registrar having opened the
court. DIR. Tristram, in delivering
Judgment. said: In this case, on
March 25th last. on an application
made to me in the Consistory Court by
Mr.. Arnold Statham, as counsel for
this Hon. Thomas Francis Bayard, the
then Ambassador Extraordinary and
Plenipotentiary of the United States of
America at the Court of st. James, l
decreed, after perusal of HE excel
lency's petition in the case and hear
Z ing evidence and counsel thereon, that
the original manuscript book entitled
and known as The Log of the May
t.lN 10 al
BayHrd as such Ambassador, subject to
his giving an undertaking 10 writing
to convey il under his personal custody
from England TO the United States,
and on his arrival in the States to the
i city Of Boston, and there in person 10
deliver the same to his excellency the
Governor of the commonwealth of
Massachusetts,, at his official office in
the State House in the city OF Boston,
for the purpose of the same being
finally deposited by ths Governor either
in the State archives of the common
wealth of Massachusetts 10 the said
city or in the library of the Historical
Society of the said commonwealth in
the said city for all time to come, sub
ject to certain conditions IN the said
decree specified. On Saturday, April
10th, an application was made to me
here, in the presence of the Lord
Bishop and Of the Registrar of the
Court, by Mr.. Henry White, Secretary
to the American Embassy, on the in.
structions of the Hon. Col. Hay, the
present American Ambassador, for the
manuscript to be delivered over to Col.
Hay on his arrival in England, or TO
himself in the meantime, instead of to
Mr. Bayard. on the ground that Mr..
Bayard or his return from the CONT
pent to England, when the delivery
was to be made to him, would have
ceased to be Ambassador here. He
stated that IL bis application were
granted the anuacript would be trans.
mitted with other State papers to the
President of the United States with a
view to its transmission by the Preai-
dent to the Governor of Massach usetts,
to be deposited by him either in the
State archives or with the Historical
Society in the city of Boston in com.
pliaDee with the order of the Court.
1t appeared TO me that the application
was a reasonable one; but | pointed
out to Mr.. White that preliminary 10
my granting it, il it we're in my power
to do SO, it would be necessary for a
formal application to be made to me in
open Court to vary the decree in the
manner suggested, and that if I
acceded to this, il would be com mpetent
TO any person alleging an interest in
the matter to appeal from the amended
decree to the Arches, and from thence
to the Judicial COMMITTEES, whereas the
time for appealing from the original
decree. If it remained unaltered-yiZ,, i,
10 days from the date of its being made
( had expired. MIR. Whitu thereupon
said he would leave his application to
be dealt with by me as | might deem
. right | considered, however, thar the
application having been madu on th.
Instructions of an Ambassador az the
Uourt OF st James, it WAS only due
to his. excellency that l should ma.
turely consider the question, and stat,
on the present occasion whether il was
or was not within powers, dis
cretionary or otherwise, vested in the
Courtl competent TO it to make such Z
variation In the decree. | have now
come to the conclusion that it woulC
not be IN accordance with the practice
of the Court, or Just to the partieI
Interested in the manuscript, that
should SO vary the original decree. II
my judgment l stated that as tbs
entries in the register at the emu of th,
manuscript might involve the pecuniar,
interests of families named in il il
tracing and establishing their rights tt
succession to property, it was the dut,
OF the Court, in making any order fo
its removal to other custody, to TAX
special care that such persons SHOULD
not be thereby preiudIced. For m,
assistance in giving directions in thI
registry as to the terms iu which tn
decree Of the Court should be framed
! obtained from the Principal Probat
Registry @ copy Of the order made b
the Prerogative Court of Canterbur,
! for the delivery up of the will an,
codicils OF the Emperor Napoleon l., a
being the precedent ON which reliel
in granting the application in th
present case. The order is dated Feb
ruary 18th. 1858, and is in the followinl
terms: F. II. Dyke, her Majesty
Procurator General, exhibited affidavit
of the Right Hon. John Russell, com
monty called Lord John Russell, AM
also affidavit of John Allen Powell
Esq, and brought in proxy of consen
X with act Of Court sped thereon, AM
also statement in writing. the Judg
having read the said afiidayits AM
statement at petition of Dyke, and, ol
motion of her Maiesty's Adyocats
directed the original will and codicil
of the said deceased nov remaining il
the registry of this Court to be de
liyered into the possession of he
Maiesty's Secretary of Stats 70
Foreign Affairs nv one of tho daprt,,