The Express. — London, England, 1848-02-01 00:00:00

Rome." The led section took away all preesatation , Reme, sad all payouts of every kind whatsoever. Tim far every word se the set was directed ageing Home The 4th N estl e began the positive pewits's—the lest al whisk was the hare, seder the great soli to Preload to ea aketioa. The ward " aleatisa " wee there used as a louvre form. No form was program& Rory thiag was to be done as bedlam Mope *et them was added the letter admive—thereepam wed withal speed aad taloa', sad bides fkauLlegies imi l es tsmeathe e ased mad Woe Other. Neeseeffillesehea wee die whole Staid', sod the grown themes were ei li ren eu r sl eseismi that acme woo neseseuyto be meatiews& Owe at the learned mussel met the difficulty of othesical iiseeikagnee by attri buting to the mown, as supreme head of the shame, the dia. pealing power a the Pope, and that the letter missive was so effectso Otero se of that power. That was a doctrine a g ainst which he (Mr. Justice Coleridge), as a member of the English catholic church, must protest. By the sth Rec tos all the same ceremonies were to be used u before, with out procuring any authority from Rome—theme hbishop of the province being directed to procewith all " speei and celerity," to the consecration, no as not to allow any impediment from Rome to arrive. The statute then returned to the elective mission, end declared that the election should st and good to all intents sad purposes, and that should be taken as the election to the see. 110 felt the weight of these provisions, but he coa oived they were made with the great object that, so far as the electors were concerned, there should be no impediment to the proceeding. Their act was good, and the party thou bourne elected without aid from the Pope. It thee pro vided that the crown should signify the election to the archbishop, and require him to confirm it the words ...speed and celerity" being omitted. Upon that sectioa the question turned : the archbishop was directed to me tres, and no description was given of the way in which he was to " invest and consecrate." If asked how, the answer would be, "as you did before the act passed.". If asked what were the legiti•mate effects, and what his functions, the answer would be, " the same as before." The order of eco secreting bishops now and at the time of Edward VI. wee not a whit more string ent than that of the H omes catholic church. Under these circumstances, he did not think it possible that the bishop could be sounders& as proceeding. merely ministerially. The statute of Henry VIII., involving the punishment of promunire for the offences therein spec ified , had been styled during the argument before the court, " The Marna Charts of Tyranncony,' b ut it was not in his opin ion susce p tible of so harsh a sction as the learned oounsel had put upon it. There were many offences of a much lighter character that formerly rende red thou convicted of them liable to the penalty of pramunire, such, for instance as larcenies, rob boies • and, as wee observable during the time of the'Sontb - See sc heme, even frauds were rendered liable to be so punished. In the cue under conaideration, the h statutes isomman ded the highendignitaries and officers of the church to assume the office of judges, under a penalty of a very severe and searching nature, and yet it was to be construed as telling them that what they were called upon to do was a mere mockery and a shadow. The worst, if worse than this could be, was that by the same construction the statute comp ? lied the ! archbishop to call in to his aid other bishops in order to proceed to the consecration of the person confirmed under such circumstances. Notwithstanding he might, for ought they knew to the contrary, be en infidel, a Jew, or a heretic. It moreover bade and enjoined the ofthiating bishops to proceed to this ceremony under the form of prayer and to administer rites in which it was possible the recipient did mot believe, and all this was to be done under the penalty of apremsosire. The consolation which he felt under these circumstances was that he (the judge) did not believe, nor should he entertain that belief until he had been told so by the highest legal authority, that there existed any such law as bed been insisted was extant in the statute 25 henry VIII. He did not believe that there could have been found in any age a body of lords and coo. mons who would consent to pass such a law. He did not believe, that during so many ages as had since the period of the Reformation, there could r:been found a series of holy men who would consent to ley such a bur:hen on their souls as the construction pat upon the statute would do. Nor did be believe that Henry VIII. himself, arbitrary as he was, ever untemplated the assumption of such a power as Was now claimed for him by those ;who bad coe 'trued this act. That monarch was a firm champion of the spiritual rights of the church, and it was well known that be glori din his title of " Defender of the Faith." As regarded the nominations of bishops in the colonies and in Ireland, the argumer.ts that bad been raised upon them were, in his opinion, inapplicable to the pre sent case. Those sees were created by the beeexrcise et the royal prerogative. The archbishop could not com pelled to consult , colonial or Irish bishope ; he was at liberty to act in the matter according to the dictates of his judgment' and of his conscience • nor could the legal con dition ef the colonial or Irish churches be pressed into the argument in the present case. Another of the arguments which had been urged on the consideration of the court, was that which referred to the ancient mode of proceeding in confirmation, and a question had been raised as to whether the same form was observed now as had existed prior to the Reformation. But the dilemma presented itself as to whe ther the construction put upon the statute 25 Henry VIII., relative to confirmation by the opposite arguments placed the rite of confirmation on the old eve he new ground claimed for it. If the former argument priled, what sanction did not antiquity and the practice of the church in early ages give to the interpretation put upon the rite by rendering the proceeding a judicial one. If the sew sonstruction— namely, that the act of confirmation was ministerial, was admitted to be a true one—wan there ever seen such a spectacle as that of archbishops and bishops taking part in a ceremony which was such a mockery. It was universally admitted that, by the superior courts of law, the rights of the people were most effectually asserted ; and if, therefore, he found that, during a period of 300 years, the proceeding of confirmation was judicial, wherein witnesses were cited to appear, then be considered the archbishop or his deputy was bound to proceed and give a hearing to such persons as did present themselves. lie could not, considering all the circumstances to which he hail so imperfectly referred, express any other opinion than that it seemed to him the rule for a mandamus ought to he made absolute. (The judgment concluded in Seeped Edition.) LOSS OF THE SCREW STEAMER ARAM AND FIVE OF HER CREW. On Sunday, by the arrival at Liverpool of the packet ship Susquehanna, Capt. Dunlevv, from Philadelphia, intelli gence was received of a serious collision between that ship and hate auxiliary-screw steamer Aram, Capt. Easterby, by which the latter vessel was so seriously damaged that she sunk, and six of her crew were drowned. The disaster occurred yes terday evening week, at seven o'clock, off the south-east toast of Ireland, about forty miles below Tuskar. The ship, which for same days previously had been contending with strong cut winds, was at the time of the collision standing to the northward, close-hauled, with the wiud about R.N.E., and the weather being very cloudy prevented the steamer from being seen till they were in close contact. After the weasels got clear of each other, Captain Enderby, of the Aram, finding his vessel in a very dangerous state, ordered the boats to be got out, when seventeen persons including himself and the first and second mates, gut into them, and were shortly afterwards taken on board the Sus quehanna. It was then found that six of the crew were seining. Every effort was made by Capt. Dunlevy in search ing for them, and, after lying to near the spot till daylight next morning, no trace of the vessel or the poor fellows, who might have floated on spars, being visible, the ship bore away for this pert. The Aram left the Mersey on Saturday week, bound for Malta and Constantinople. to which ports she was a regular trader. She was a superior vessel, rigged es a three-masted schooner, with auxiliary steam power, on the screw plan, and only arrived from the Clyde 16 days ago, where she had been receiving new machinery. The names of the crew who have been lost are as follows: Mr. Living stone, chief engineer; Mr. Hardy, second engineer; Robt. Logan, fireman ; J. Selsby, seaman ; Lewis, ditto; I. Quin, engineer's boy. Captain Easterby has addressed to the owner of the Aram the following letter, which gives full particulars of the disaster : On beard the Susquehanna, Jan. 25, ISlS.—Dear Sir,—l have to perform the di•tresting duty of annouraiing to you the total loss of the screw-steamer tram, under my command, on the night of Sunday, the 2 - tot Ind. about fifty miles S.W. of the Tuekar. Haying, as you are aware, left the Bell Buoy about two p.m. on the previous day, the Sherries were eased at seven, and, during the remainder of the night, we encountered strong southerly and south-east gales, with sleet and rain, and passed the Tuskar at two p.m., the wind veering to the (utward ; I then shaped a S.W. by W. course, and at four p.m. !having then kept the deck from the time of our departure), I went below for a few hours' rest. At about seven p.m. I was awakened by • comb and a cry that a ship was ito us; springing on deck found that we had been struck forwa n rd by a large veswel, which was then swinging along side, smashing the larboard quarter boat, and doing other damage. Both vessels roan after swung clear of each other. I now ordered the sails (foresail sad topsail) to taken m, and the carpenter to ex amine the damage forward. Ile reported that the berths were smashed in, and the water standing above the steerage deck. I bad or d e red the engines to be stopped, but the engineer informing me that the water was rising above the plates of the engine-room, and that he thought the tftl-Ooella bad started, the engines were therefore kept going, and the injection taken from the bilge. The smaller en gine was also set on to work the pumps. Finding the water ill ra pidly rockets and blue lights were fired aa signals to the atop, and I directed the two remaining boats to be cleared away, giving charge of the jolly boat to the chief ofllcerand his watch, the lift-bait to the second officer and his watch, with directions to the engineers and firemen to be prepared to get into the latter. I then ordered the small binnacle into the lifeboat, and a commits , into the jolly-boat, with m eted s , into each, giving each officer blue lights, rockets, matches, he. Fng the water rising rapidly in the engine-room, it having risen above the furnaces and drowned out the bre., I gave directions to lower the koala below the gunwales, and for all barrels to prepare to quit the ship. The thief mate quitted with eleven persons in the jolly-boat, but the men who were stationed to the starboard fall having left them I believe to get some clothed, tomepersoni let them go, without order*, and the foremost tackle unhooked. The painter, at the tone, parted, end the boot swung to the after tackle, which also unhooked, nut the second mate held on to it. I directed several who were about me to jump in. The second mute could hold on no longer. Seeing this, :Ind thinking all hands were in the 'mate, I eprang into her from the starboard quarter when three persons rushed on to the poop, rue of whom an, I think, Mr. Livingstone, the chief engineer. I teckimed and called them to follow, but they appeared paralyzed. The oars were got out, the only two that were available the , and every endeavour made to regain the s hi p ; but, owing to cross sea, and to the heaviness of the boat, she was llDMlDageable. and a sea breaking on board nearly filled her. A short time after, falling in with the jolly-boat, in a sinking date, we took five hands Met of her to lighten her, and again endeavoured tentegain the vessel, thine on board bunting blue liens and rockets. We then lost Winn of her light. The ship's lights were now seen to windward, and I therefore d e t er mined to pull towards her to get the people out of the boat, and assistance to return in search of the vemeL At about half pW eight we got alongside the American ship Susquehanna, laptain Ihints7. the lolly-beat having been picked up about fifteen m i nute . before, and, getting the people out of the boat, bore down towards what the captain supposed to he a light, but, if he saw it, it immediately disappeared, and was DO more seen. •The ship was shortly afterwards hove-to fee tbe remain& r of the night, and short tacks made during the follow. deb but no spars or vestige of my i It-fatedship were ems, except a witilrydard WSW Ca: O F dr red. M 4tarbg odd Min " Ibi I Oa on WIWI tro Irrymboroo art rm. =r mi ldow it Ana, Mod to ay Idir WA erg we ot dr rid swim at 11S, of off* tbo awe gm mar, do woo firlog, rd I moor aUr of duos rood mod WI. I forrofflor oult. dowdy odroorigo Orr* Dint trader lo =rod NA tem to Ido Immo ma ormarao orror taro lobo Won wed owe tier dm, as dr WM NEM or - Imre Old 'WWI rhiitz. .....41,,W1Ni Ibis voiroosto orkrl. it r tO Ise ft to to OA Or, is ht as Ire oroards, ro oollohas wr pith silhof l. gotta io Os outer, et dr red, ad so tams or losttriburd to Mr? yorty.—l am, door dr. mrly, Maafiab s . Eng" WIMP& A. T. SECOND EDITION. DR. HAMPDEN'S CASE. (Continued from oar First Edition.) Mr. Justice Pension did not propose to enter into • full examination of the (anon and statute law that had been cited by counsel during the course of the argument. Those quotations had established, in the most satisfactory mariner, the fact, that in all christian countries, and in England also, previous to the statute 26 Henry VIII. the bishop elect whether chosen by the people, or by the people and clergy, or by the cathedral clergy, required to be confirmed in his new office, in order that the election should be per • fected; and moreover it was clear that the act of confirma tion was &judicial and not a ministerial proceeding. Coming after the election of the bishop it could not be raid to be a part of that proceeding, and moreover it was a most next eery act, as corroborating a popular election, and rendered the more so when the choice of a bishop was restricted, to a smaller body, for all were interested in preventing the mischief that must ensue if an improper person were in stalled in the office of a bishop. It was for that reason per. sons were cited to appear, both generally and specially, if they had anything to urge against the confirmation of the bishop elect, and such citation had been resorted to in the present ease. It was sufficient, therefore, for him to say that before the statute 25th of Henry VIII. wan pulsed be was of opinion the bishop elect must be confirmed, either by the Pope or by the spiritual persons indicated by him for ouch purpose. There were several instances recorded in the books wherein the archbishop had refused the rite of confirmation ; and Walton's " Anglia Sacra" had preserved many such cases, wherein the else tions of bishops had, in consequeace of this refusal, been an nulled. All these cases, however, were prior to the statute of Henry VIII., and al l anterior elections were free of the royal authority, though proceeding under a eonge &dire. The crown used to influence the election of a bishop by re commendation, but exercised no direct power, nor was any statute in existence giving such power to the King. There fore no interference with the prerogative was offered by de laying or refusing confirmation. The casts which were preserved in the books, and which had been cited, showed that during the period to which he referred confirmation was an essenual towards constituting • bishop, as, without it, he could not assume his office, for the denial of that rite had constituted a reason for cancel ling the election. Taking it therefore to be esta blished by the authorities cited that, prior to the statute 25 Henry VIII., the rtie of confirmation was eseential, he now would proceed to look at that act with a view to ascertain how it operated in respect to rendering confirma tion a mere ministerial act, which might be dispensed with The archbishop was required to confirm, but not without inquiry. The statute was silent on that point. He appre hended there could be ne doubt but that it was intended the election should be free, and the consecration as of old times accustomed, and consequently a judicial act. It was con tended that confirmation was not a mere form. It was pro vided that, in case of the refusal of the dean and chapter to elect, the archbishop should pro ceed at once to invest and consecrate. In such else no mention whatever was made of confirmation. The legisla ture seemed to consider confirmation unnecessary when there had been no election. In the Irish act abolishing elections, even the form, no mention was made of confirma tion, from beginning to end, hence it was contended that as, where the crown appointed by letters patent, confirmation was not meant to be a judicial act, neither was it so intended in the case of a pretended election by the dean and chapter; but that the form of election having been preserved, so had that of confirmation, but that neither was intended to he more than a shadow. It was difficult to say why confirmation should be necessary in the caw of eenge et flirt and not In that of appointment by letters patent. It would be vain to guess the meaning of the legislature in the framing of the statute, and therefore he did not attempt to account for the provision. Conceding even that election and confirmation were mere shadows, he could not bring himself to believe that the legislature intended the solemn act of consecration to be a mere form and shadow, and, if not, neither could be confirmation. In consecration, it was stated that no previous form of inquiry had been used. He could not believe that the legislature ever intended to force the archbishop to perform the solemn act of consecration in the face of sufficient and lawful impediments. The statute provided that, on receipt of letters patent from the crown, the archbishop should consecrate, indepen dent of any influence from Rome, and the confir mation and consecration contemplated by the statute seemed to be such as had formerly required the sanction of bulls from Rome. It could not be doubted that the bull would have directed a judicial act, and therefore he was compelled to believe either that the legislature intended to carry on the form and shadow of election, or they meant confirma tion to continue a judicial act, as it had been before the pass ing of the statute. He could not feel himself justified in attributing to the legislature the enactment of a mere form and shadow, and therefore he felt bound to accept the words of the act according to their usually received and accepted meaning, when by so doing there was no absurdity involved. It seemed therefore to him that the archbishop was required by the 6th sect. of the act, to confirm the election as " of old times accustomed," that was in judicial fashion and after proper inquiry. But the 7th sect., containing the penalties of priemunire against the dean and chapter fur not electing within 20 days, and against the archbishop for not confirming within the same lime,tdded penalties, as under the influence of orders front Rome. It had been doubted whether these penalties applied to anything except influence from Rome, and he thought that the words clearly referred to some extrinsic matters and influences. lie bad already stated that in his opinion the archbishop was empowered to act ju dicially. Tbs. early part of the clause seemed to say that the penalties would be enforced if he refused to confirm within 20 days, and it had been urged that this precluded judicial inquiry, which could not be completed within 20 days. He did not think that the words could bear any such construc tion. It was observable that in the sth section. requiring the king to send his letters patent, there was nothing said about time. It was net then said in the usual form " with all speed." The 7th section enacted the penalty if the Archbishop did not confirm within 20 days, but he appre hended that this meant, unless lawful impediment existed. All statutes ens/sting penalties must be so construed. What would amount to a sufficient impediment was not then a point necessaiy for inquiry so far as regarded the dean and chapter, but as respected the archbishop. He conceived that a pending judicial inquiry would be a sufficient excuse. If he was right in supposing confirmation to be a judicial act, he conceived that the arch bishop w iuld not incur the penalties by delay. It had been said that such would be a e.olation of the prerogative of the crown :he could not see it in that light. The construction he put on the act was, that it did not derogate from the prerogative of the crown, but that it did not extend it. Again, it bad been said that no refusal to con firm bad been discovered since the passing of the statute. That was a circumstance of considerable weight, as, if pro ceedings bad been brought immediately after the prising ot the act, we should have hail a contemporaneous expomtion et its meaning, possibly is the e ff ect that it was merely a ministerial act. But t he contrary was Mil to be the tact, for elections had taken place in which inquiries had been held. The opinions of various writers had been referred to by counsel. So far as they went, they appeared to him to afford an inference that the general notice was that the archbishop was bound to confirm under the penalties of prmmunire. In Brett it was put, What would be done if the king appointed an unfit person ? and it was answered that he would no doubt consent to appoint another. Ifthe act of confirmation was merely ministerial, what solemn mockeries must have been gone through. Any one wits read the proceedings at coafirmation as they were ant forth in son's Codex, could not but see that the statute gave to every step a judicial appearance and character. It was difficult to con ceive that such mockery could have been continued for such a length of time without any assignable motive. He could not but think, therefore, that confirmation had not been altered in its nature,but that the fact of the powers of inquiry not being used aroso from the necessity not having arisen. Instances, those of Rundell and Clark, hadbeen given where , in another course had been adopt. 01, but it seemed to him that no light was thrown by any proceedings since the passing 1 of the statute, to show whether the judicial character of con firmation was altered. It had been said that confirmation could not be a judicial act, because in it the archbishop acted through the vicar-general, who had no jurisdiction in con tentious matters. He did not see that this altered the case, because confirmation was not a contentious proceeding. It ' did not seem that thereby the archoishop was deprived of his power. The point was referred to in Oughton s " Pro legomena," and confirmed in his opinion that cunt; rme t ion a as nut ministerial. Neither could he doubt that if the archbishop did act judicially, he would also have power to compel the attendance of witnesses, as in other courts. Ile did not lay any stress on the case of Bishop Montague, but it told against the supposition that the situation of an opposer was a mere shadow. In the case of Montague, the citation would certainly have been omitted, if it was a mere mockery. In the statute of Henry V., which had been alluded to, providing for the appointment of bishops by the archbishop during the papal inteiregnum, the direc tions to the archhishrip were quite as precise as in ' the statute of Henry VIII., and yet confirmation was Fluted out and carried on as a judicial act. if it were a judicial set, the next question was, had the opposer a right to be heard? Now the statute of Henry 25 laid down ' that all opposers were to be cited, and that the cies , don was to be stuck up in the church, anti proclaimed at the time of consecration. Whether the form of citation was in use before the time of Henry VIII., he believed did not distinctly appear ; but after the statute it was proof that confirmatiou was treated as a judicial act. He conceived that the vicar-general had misconstrued the powers given to him under the statute, in not hearing the parties who claimed to be heard. These parties appeared, however, to have been aggrieved, and to be entitled to a remedy. What was this remedy to be ? Wan it lobe by mandamus ? No other remedy had been shown. Even had the parties been heard, he doubted whether they could have had an appeal, but clearly, as they had not been heard, there was no question of appeal at all. No case distinctly in point had been cited on either side. If, indeed, by the practice of confirmation, independently of the supposed effect of the act of Henry VIII., the citation of opposers was • THE EXPRESS, TUESDAY EVENING, FEBRUARY 1, 1848. weedy giesiestrer )erm, bath. ht ehil eve wok - gine enemies at th e caw the ease of o a i l butthe neatest( wad ee goat by the ,i cuir onsoo, who proceeded on his eamereellen tithe sta tute. This was eat the case of the preseentitia at ablehop sleet for alleged offences within tha agee s ej eß two yeses but steeple a claim by "data Peetrei - te - b; bard to c ertain objections thee had to the bishop sleet. Eis mind had not been made up on this veep inse por tant subject without maturely weighing a ll the difficulties by which it was surrounded, and more eapeeielly ' the question es to the power of the court to grant the re-. l qutred mandamus. His opinion was, that it was a ease peculiarly fit to be put in such • shape as to enable the un succusful parties here to obtain a writ of error. He was quite sensible of the agitation of men's minds on the subject, and of the inconvenience of keeping the question undecided; but still he thought these inconveniences less than the in oonveniones of not granting the mandamus. He had not gone into that part of the allegations which disclosed :the nature of the objections to the bishop elect, for he regarded the miscarriage simply in the point of view of the refusal of the vicar-general to bear parties make objections, whatever the objections were. The case was wholly independent of the question, who the person war that was bishop elect, or what the objections were to him. It was a ease applicable to any bishop elect. The Lord Chief Justice said ho had no doubt that in this 011411 the mandamus sought for could not, and ought not, to lame • and, even were he at all in doubt on the subject, he should think it better not to issue the writ than to run the risk of abridging the clear and established preroga tive of the crown in a matter of such vital im portance, still more to the best interests of the people than of the Crown itself. He would admit that there seemed a prima facie case of wrong, where, after citation issued for persons to appear io opposition, and after procla mation Zo the same effect, peewee so appearing were pro hibited from stating their opposition. The proceedings by which opposers were invited to appear, and then had their mouths stopped at the very outset, and were excluded the Court, clearly reflected no honour on those who first insti tuted the form. It was an absurdity only exceeded by the farther proceeding of declaring those very persons co e tuna:taus for non.appearance who had actually ap. and, claiming to be heard, were not heard. I n ed iese things were anomalies there could be no doubt ; but they did not constitute a case for setting aside a clear end established rule, founded on a distinct act of parliament, and settled by invariable practice. By whose authority had these proceedings been sanctioned in the present instance ? In the Ent piece, of that of a prelate entitled to the unbounded respect and confidence of all men, of that of the venerable Archbishop of Canterbury--who, in the course of his long career as metropelitau, must have taken • leading part in the confirmation of almost all the prelates In his province, now on the episcopal bench, and who, in the most trying times, bad ever displayed the utmost up. rightness, prudence, moderation, and circumspect care. The oilier party of wh om complaint was made, was a puma whore mind, learning, and judgment were as well esta blished as was his high character in all other respects. Those parties, so conversant with the law and custom is t his matter, relied, not upon the abstract justice or propriety of the particular form, but upon the express terms of an express act of parliament, the 2.i of Henry VIII. The first observation that occurred to him, in reference to this act was, that no form of confirm ation whatever was set forth in it, or in the preceding act on the same subject, the 23 Henry VIII. ; which latter statute, after denouncing former exactions of the Pope by mesas of delaying the confirmation of bishops named by the King, enacted that for the future, any person presented to the court of Rome, as bishop of any English see, and whose confirmation by papal bull should be unduly deferred, should be consecrated by his arch bishop, and be then and thereafter taken to he, and be, bishop of the see to which he had been named. In this statute the word confirmation did not once occur. This statute was kept alive by the 23 Henry VIII. The statists was framed in that spirit of jealousy of Rome which was at that time severing, one by one, all the UPS between this kingdom and that see, but neither King Jitney nor any other king was likely to leave the means of making bishops imperfect or uncertain for the time to come. That was one of the objects of the statute, as put forth by the preamble ; and it bad been asked whether such a king was likely, at the same time that he deprived the lops of his veto, to give it to one of his own subjects ? The only answer which had been made to this question, he confessed he had heard with surprise and regret,benuse, as he caught it, and he believed he was correct, it was a severe reflection on that great father of the English Protestant church, Archbishop Creamer. lie understood it to have been said that the king knew how ob sequious an archbishop he had in Creamer, who would readly comply with the king's will. True, he was not a blameless men ; far from it for, shortly before his death, he betrayed a great want of firmness ; but he might be per mitted to say, not greater ten that exhibited by the Apostle whom the head of the church selected from among his brethren, as the rock upon which that church was to be built; and his death, at least, might have atoned for this fault, and have saved his memory from such observations in the presence of so many sons of the church of England. lie must say he did not expect to hear the name of Creamer introduced for such • pur pose, and he thought it showed great excitement of mind canting somewhere on the present occasion, whe ther in the clients or in the counsel who made the remark. lie would say that he felt it was doubly the duty of that court on such a question as this to take care that they were not led away by such inspreetions,"or yelled too much to the authority of these ecclesiastical powers, which, in his opinion, it had been the duty of that court, in all ages, to watch with peculiar jealousy. (Sensation.) If Henry relied on Cranmer, as upon • mean and servile churchman, who would truckle to his caprices, he was wholly mistaken in his man. The archbishop, on more than one occasion, thoroughly thwarted the monarch on points which the monarch was especially bent upon carrying. lie opposed him in the matter of Anne Boleyn, and, despite Henry's utmost anger, manifested himself the unswerving friend of the unfortunate queen ; and again, in the matter of the Six Articles, both in and out of parliament, opposed the monarch, though it was perfectly well known that the latter was determined upon the extirpation of all views and doctrines contrary to his own by torture and death. But Creamer was not immortal, and other lees tractable metropolitensmighthave arisen, evensupposing his character had been what it had been represented; and it wes,therefore, inconceivable, by any ingenuity, that Henry would have allowed any doubt to remain as to the prerogative which he proposed to establish. The whole argument on the otherside rested on the word confirmation,. but this word did' not occur alone in the statute, where it was found in the word election " should confirm the said electidn, " words which plainly indicated the duties devolving on the metropolitan. When the election was real two things re quired to be certified to the archbishop—first, that the elec tion was duly made, and secondly, the identity of the person who brought the certificate, it being further desirable, no doubt, that the archbishop, by his benediction and gracious reception of his new colleague, should inspire the people with confidence and respect for him. But, it was mid he was to cite all persons to oppose; and it was a question whe ther be was bound to open • court of this descrip tion. lie would ask, could there be any necessity for such a course when the person tobe confirmed had already been or dained • deacon, en which occasion all people had been called upon to pronounce whether they suspected him of any crime or offence, when, if anything were alleged against him, future pro ceed in gs were deferred untf I inquiry had been made? The same pereou must have undergone the same ordeal on being ordained a priest; and, when bishop elect, he came with the additional testimouy of parties well qualified to judge of his fitness in all respects ; for, since the provision of that statute, he brings the recommendation of the crown; and was that to pass for nothing ? Why vas the archbishop, then, to commence an inquiry ? Why was he to call upon all the world to come forward and depose ? If the election wire in the people, he could understand the argument ,• but here it had passed away from the people, and been vested for ages in the dean and chapter, on the recom mendation of the crown. The limitation of time im posed in the two great processes of election and confirms. tion—of 12 days in the former cue, and 20 in the latter — strengthened this view of the matter. The election, in fact, was reduced to • mere form, the appointment being in the crown; but; consecration wore a more solemn aspect. The bishop was to be " called, tried, and examined;" and the archbishop, after receiviug him at the hands of two bishops, demanded the king's mandate f.r his consecration. Then the archbishop, sitting in his chair, was to put certain fixed questions, to which fixed amours were to be given. The 36th article ordained cop cially that the consecration should I be in this form. The consecration, therefore, was said to be, like the election, very little more thaa a formal ceremony. The one was the initiation of the clean and chapter, and the other the confirmation of the archbishop ; but both were, in reality, the acts of the Dove reign ; and that being so, they were now asked to find some reason why it should be more than a mere form also. The answer was, that the word " confirm" had a certain legal Dense. The favour of the sovereign was supposed to have placed the bishop elect in a position analogous 1 1 to that of • felon, whose trial the jury were to decide. He had pleaded not guilty to the charge ; and all persons were then to be invited by public proclama tion, " if they knew of any treasons, felonies, or other mis demeanors, done by the prisoner at the bar, to come forward and give their evidence." That was the position is which it was now contended a bishop-elect, whose doctrines had been approved of on his ordination to the offices of deacon and priest, who had been nominated by the crown, and elected by the dean and chapter, was to be placed by the favour of his sovereign - and the charge was to be made blacker, if possible, by the use of a word, to which was attached the foulest of crimes which had disgraced man kind. The full and comprehensive word " heresy." And when engaged upon this topic he felt it neceasory to repeat what had often been stated in former judgments— that the canon law formed no part of the common law of the realm unless practice could be shown to the contrary. Then he was of opinion that the burden of proofs on such a point rested on the parties opposing ; but into this he need not go, 'for he was convinced that the practice never had existed authoritatively in this country, and for proof of that he relied, not upon affidavits, but upon the arguments of the appellants themselves, for he was satisfied that if even such a case could have occurred it would not only have been cited in that court, but would have been notorious to all the world. But there was not a trace of such a case ; all retards, historical and legal, proved • perfect blank with re spect to it. It was argued that perhaps such a case never had occurred because an appeal to that court might never before have been necessary. What ! during all the centuries Christianity had existed, had not one person, some of whose opinions might have been alleged heretical, been elevated to the lunch of bishops? Had there been none elevated with " spiritual pride," none with " jealousies," none against whom some person or another might not have alleged some soreef "immoralities?" And even if this were ao,were there no persons during all that period capable of making a fame charge —of dreseing a false inference? Where were the seers of Bend at that time, ,a elms that were not extinct in these days, &est that failed to be forward in casts In which they took so much delight ? (Sermation.) But suppose oppose" admitted : let them observe what would happen ? Coma forth, said the proclamation, and offer your opposition in the ease of this penes to be made a bishop. The Ammer Is, from ens. " I knew this man at college, and I can tell you of some irregularitiee in his life." Another woold say " This person is justly suspected by one of having performed a bevies whilst in *state of inebriety." • third might charge him with " vanity." Another might throw a slur upon the chastity of his moths, or attack his own cooduct respecting his eon. All that the Pharisee blessed Woolf at being free front, these people might falsely allege against the bishop. He might know all the allegations to be false and infamous; the judge might think the &c -osign utterly unworthy of belief : yet the inquiry must , and a string of calumnies must be heard. sat how much was this case strengthened when the charge was the unfathomable charge of heresy, supported by ex tracts from books difficult to understand, and by reported caavereations, probably imaginary, and, if real, difficult to be merectly repeated. Thus the life of a bishop might be frittered away whilst proceedings were pending against him, sad his see might be left without an occupant, to the detriment of the church and of the people. The existence of this course beim inferred, the next consideration was what the pro- eissaigs would be. These might be inferred from the aribeds of the court, which was described by Bishop Gibson, and from which it appeared that in the courts of ' cosirsastion it was absolutely taken for granted that no opposen would appear, and that, if they did sppear, there I was no provision for what should be done. Now for aught , that they could gather , it w o uld seem that the form of appearance was no more than any other part of ' the proceedings before the court: a form kept up from usage, or possibly because certain emoluments attached to every one of the ten stages to be gone through. There was no evidence that this form had any vitality in any part of the ten centuries during which Christianity had ex isted since the Reformation or even before it. But even if it had existed before it, why might they net presume the ecclesiastical authorities themselves to have the credit of re fusing to persist in a power which was most anomalous and dangerous? He would not go so far as to say that any attempt to give the farm vitality or to carry the law into effect, must have shown its utter impracticability ; but he thought such was highly probable. Let him con. eider, however, what a mighty edifice was sought to be built up upon it. He was told that the srehbishop was a court •, hut that this court had ever done what it was now required to do was never pretended. The right of appointment of a bishop by the crown, without the interference of the arch bishop, had, in fact, never been doubted ; that any opposer to the confirmation was entitled to appear was never even surmised. There had been, in fact, only one exception to the rule of the non-appearann of opposer', sad that exception was in the case of Bishop Montague, kthe vicar miters), Dr. Ryer', refused to hear an op. paarr guarding himself, however, by stating that he did so because his opposition aas not in writing. Of this Dr. Ryves they knew little, and that little not much to his credit; but it was very clear that it lie ,iid give such a judg ment ho was wrong, for in the law nothing was eaid about the oppoeition being in oriting, and indeed it might proc e ed from a party who wro not able to write. If such a proceeding as this were permitted, the op poser of the new Bishop of Manchester might appeal to that court. True, the Bishop of Manchester had been con secrated, but even then a plausible ground might be laid for appeal, for it was open to a doubt at what precise stage a man became a bishop. In a case formerly before the court, the question was, whether a bishop was a bishop after elec tion or after confirmation, and a very extended argument — half the Worth of that they had heard in this case--was built up upon those positions. Bat even on that occasion no hint was dropped that opposers might be admitted, and Justice Whiteleck made no reference to any such poen . - , bility. A useful pamphlet had been cited in that court, containing a collection of opinions upon the subject of the prerogative, in the form of dialogues and statements. It ap peared from that pamphlet that both Charles IT. and Wil. liam 111. had made orders relative to the appointment of I bishop.; but in neither of those instances was the right of int. rterence with the appointment of the crown in say way I recognised. The case of Bishop Gibson, which had been before mentioned, was a remarkable one. He was assailed by one of the most learned judges who ever set in that oourt, Sir Matthew Forster, as one who desired to erect the church into an imperium in imperio. This charge it was that induced him to write that celebrated treatise which still remained a perfeetstorehouse of ecclesiastical law, but in no one page of which did he assert the existence of any power on the part of an archbishop to defeat by such an inquiry as that before the Court of Confirmation, the right of Hotel don by the crown. In the case of Bishop lioadly, that prelate gave his opponents tree opportunities of making op position to his confirmation, knowing that something was alleged against him. Archbishop Wake remonstrated with the sovereign against the promotion of Dr. Samuel Clarke, and other sovereigns had consulted archbishops before pro- moting to the office of bishop; hut not •word had been uttered not a tact bad been cited to show that any archbishop had ever instituted, or could ever institute, any inquiry. Every one had heard in this case of the celebrated protest addreesed by thirteen or fourteen bishops of the church to the prime minister, against the appointment of this prelate. The argu meats they urged were arguments of great weight and power, butthough they warned tne ministerof "scandal" arising from the nomination, not once did they allude to rejection of the prelate on confirmation on the ground of heresy. One of the objectors wished not to be exposed to the peril of a pram*. nire, but there was no assertion of the danger and disgrace so likely to arise from any opposition on the part of those who had procured the condemna tion of the bishop-elect by the convocation of his university. It was said, indeed, that by not allowing the court to inquire, the archbishop would be converted into a mere " machine." That word " machine," suggested to him (Lord Denman) the idea that the writ of that court might possibly be required to be used as a " machine"—• machine with some sort of galvanic operation upon powers hitherto supposed to be extinct. But this idea implied that the forms into which vitality was to be generated, had never had existence. He did not believe that ever to have been the case. The duty of the archbishop in the matter appeared tohim to be clear, and entirely apart from the functions of a judge. If his inquiries le d him t the opinion that the appointment would be injurious, be could remonstrate. He could advise the crown not to issue a ' cotve et' aire. He might ask to be removed from the painful position of performing, or ordering to be performed, the duty of consecration ; or, if he was quite clear that the cove 1 d'ilire ought to be set aside, he might sat as his conscience doubtless would dictate, and u some of the judges of that court had acted, and resign the office which the crown had given to him. As to the right course to be taken sa archbishop he had no doubt ; as to the circumstances of the present case, if the archbishop felt any doubt, he (Lord D.) was perfectly assured, that ere the confirmation, he would find all his doubts resolved relative to the propriety of the appointment, which was now the subject of consideration. He would ask whether it had been the opinion of any person, until within the last few weeks, until this unfor tunate controversy had occurred, which had so inflamed the public mind, that the archbishop had a veto on the ap pointment of the crown to a vacant bishopric ? And when he heard Sir F. Kelly entreat, with so much solemnity of manner, that they would not expose the archbishop to the mockery and shadow of so sacred a prccecdiag in which the Almighty was invoked in prayer ; when the learned counsel called upon the court not to pronounce that all this cere mony was a mere useless form, he confessed that he hardly knew how to meet such an observation. Were the dean and chapter to be treated as nothing ? Did they conduct their proceedings without prayer and solemn ceremony ? And if they were required, notwithstanding, to proceed to the elec tion, without tl,e power of refusing to elect the nominee of the crown, why should they be referred only to the confirmation, and not to the election? It might be an ill-considered and an impious act of parliament, and one per haps that ought to be repealed, hut why there should be any objection made to the solemn ceremony of the confirmation and the election, which was conducted with equal solemnity, both of which were in conformity with the act of parliament, he could not understand. It reminded him of the two Roman authors who were said never to meet each other without laughing ; and it certainly did appear to him that if the court yielded to the request of the learned gentleman on such a ground, the advocates on both aides would have good occasion to laugh at its decision, Having stated his reasons for the opinions which he deliberately, firmly, and conscientiously entertained, that what was contended for in support of the rale never had been at any time the law of England, he must say that he thought the court was bound to refuse the writ of mandamus. At the same time he might state, that he had had the greatest possibl e toe in coming to this conclusion, and the more especially as he felt that this was a refusal of inquiry, which in a railway or any other ordinary case, would at one be granted. A writ of error would, however, lie if thy had forme an improer opinion but his opinion was so e strong against making p such a rule absolute, and so entirely unchanged by what he had heard that day, notwith standing that he felt the greatest disposition to show the highest respect to the sentiments of his learned brethren who differed from him, that he could not possibly say that this writ ought to o. He thought, if it went, it would be good, for n ot hing; for the return which could be made to it would be a sufficient answer. But he was also bound to consider the consequences which would arise from the issuing of such a writ—via., the fright fal state of theological animosity which it would create and perpetuate for a period of, perhaps, two years, and the sane- Von it would give, upon the avoidance ef every see, to the adoption of a similar course, where the archbishop would be called on to summon all mankind in every case as objectors to the appointment of the crown, and keep open a court which, in f ct, might never be closed. It must also be borne in mind that the court had a discretion in the issuing of a mandamus, suppseing even it thought that the proceeding complained of was of a judicial character, and that the archbishop might be compelled to hear the ob jectors; and, in the exercise of this discretion, without regard to the legal right, he felt bound to refuse the writ. He must also acknowledge that some deference was due to the exalted pereon who was the defendant in this case, as well as to Dr. Hampden himself, whilst more regard was to be paid to the safety of the church and the peace of the state, which he verily believed would be petalled by the encouragement of the smallest doubt as to the true meaning and intention of the act of Henry VIII. He repeated that he had the greatest respect for the opinions of his learned brethren. He thought this was a question which ought to have been discussed. The balance of convenience certainly appeared to hint to be in favour of discussion ; and he moat say, in reference to his brother Coleridge's admirable argu ments, that they only confirmed him in the danger of exposing the clear construction of acts of parliament to those who would bring down their forgotten books, and wipe off ' the cobwebs from obsolete decretala. He thought it was their decided _ parliament, and must be discharged. fairly to oon!so.rd by the eat of I that the role the GAZETTE of 211'S NIGHT. BANKRUPTCIES ANNULLED. Gnome Flours°, Portway, Warwickshire, licensed victualler, Jan. 19. JORN STRING'S, Kingston•npon-Dull, draper, Jan. 27. Jotur HALL, Coventry, r ibbon manufacturer, Jan. 28. BANKRUPTS. WILLIAM Wrurr, Neftbrop, Banbury, coach maker. Jour( CLarrox, Crown.court, Cheapahis, Manchester arehosseman. WILLIAIt Pita Banasrr, Palace-row, New-road, iron- monger. Juicy O'DONNJLL, Sidney-street, Chelsea, bricklayer. JOHN SHEPPARD, Lion Brewery, Shirley, Southampton, Hermon brewer. Jong lierzet.L, High-street, Deptford, builder. THowas Luken, Great Coxwell, Berkshire, innkeeper. ALYCED KING, St. Clements, Oxford, timber merchant. J O HN BENTLETT, East Peckham, Kent, grocer. JOHN °Bolton Moors; and BENNY BAYLISS, Norwich, Mete DOUWetie WILLIAM STAR, Lynn, Norfolk, cornier. JASON Ploo, Fulbourn, Cambridgeshire, grocer. ROBERT ROWELL FitsrweLt„ Greenwich, ship owner. HENRY CRoss, Kirton, Suffolk, farmer. CHARLES MIDDLETON REENOT, West CORM Isle of Wight, chemist. JOHN THOMPSON, Shef f ield, licensed victualler. Jnearit PARISE, Blackburn, Lancashire, grocer. JOHN BOMBS, Manchester, Cattle dealer. J AMER RAND, Preston, lAncashire,yorovision dealer. THOMAS Fox, GEORGE RIPTON, CHRISTOPHER AMIN- IiZAD WAWN, and WILLIAM LIS/MAN, West Cerntorth, Durham, lime burners. Geoatut CRADOCK, Darlington, rope maker. JOHN Tucxra, Tevistock, Devonshire, attorney. ROBERT SPENCER, St. Sidwell, Exeter, printer. SAMUEL HINNY SERJEANT, Callington, Cornwall, at ' torney. WILLIAM BAONALL, Bnrselm, Staffordshire, grocer. SCOTCH SEQUESTRATIONS. JAMES HOUSTON, Auchtermuchty, Fifeshire, merchant. ROBERT CRAIG, Edinburgh, tailor. THOMAS Bu RNs, Edinburgh, gas manufacturer. DAVID HALL, Newmains, Cambnsnethan, Lanarkshire, merchant. WILLIAM MOFFATT, Glasgow, mershant. JOHN SLAM, Paisley, manufacturer. JOHN GIBSON PEEBLES, Glasgow, commission agent. ALBERT CAY, Edinburgh , stockbroker. James Ross, Edinburg h, commission agent. ALEXANDER COUPAR, sen., St. Andrew's, shoemaker. Jostm ImoLle, Edinburgh, leather factor. COMMERCIAL er MARKETS. MONEY MARKET & CITY INTELLIGENCE. Two u'Clock.—We still continue with a depressed market in the funds. Consols have been down to 89 to 1, or 1 below the first quotations for time. They have now partially recovered, and are quoted 89 to money,and 891 to account. Some considerable parcel; of money stock have been brought to market, and contributed principally to the depression of prices. It would apiear that the dealers and speculators are selling upon the presumption that the Chancellor of the Exchequer must intend an early funding of Exchequer Bills, and a fresh issue afterwards.. Re duced Threes are 894 to 4. Three-and-a-Quarter per Cents., 901 to 7 . Exchequer Bills, 365. to 395. pm. Bank Stock, 200 to 202. We have bat little doing in foreign stocks, in which prices may be quoted with little variation, but rather mme firm generally. Spanish Fives are 211 to t ; the Threes, 311 to t. Passive, 4,1 to 51. Portu guese, 26 to 7. Brazilian, 83 to 5. Chilian, 90 to 2. Mexican, 18 to 1. Peruvian, 39 to 41. Dutch Two-and-a-Half per Cents., 54 to 1; the Fours, 851 to t. Belgian Four-and-a-Half per Cents. , 88 t o 91. Danish, 834 to 44. The half-monthly . arrival of the Bombay Indian Overland mail has just been announced in a second edition of the Morning Post. The money market there was comparatively easy, but the Bank never theless had raised the rate 0 3 f 4 w disc e o . int.. wi E_ l xports dull. In imported goods the transactions more sa tisfactor y . ENGLISH YV.V DS. }tank Stock, WO 2 3 per Ct. Con.. for Az..B9f } 3 per Ct. lted. Ann,. raj tn . ? Ct. Cone. Aunt., f }schooner 11,W. 34. to Ss. TORZION FUNDS. I per Ct. Alldrian Bonds, 94 8 I 1 per Cent. Grenada Dd., 19} 209 ' Per Ct. Mg. Bonds, 88 91 Granada Deferred Bd.. 3 f 1 1 1 per Cent. ditto, per ClCt Keane& 1848, 19} 5 Irtt C o L Nl ' ,.n i n "" " '53 5 I I.r et P- C - ot, "5. 14 3 1 5 Wtt C jettrtn ' ArT 4 3, Trr" 30 3 rig','s ) , R utra,..°!:il l ll 15 Dad° Colton!, Del. Ws. I 3 per Ct. npannh Inta, Columbian I,oundor f Spanlph Deferred 11de.,12 13 3 per Cs. (Noah $3l 4} rilitliNh POIRITO lids., It 5} if per Ct. Dutch 404, St 2 per Ct. Venezuela ltd., 38 40 4 per Ct. Carts Dula , Woman,. Deferred Dd.. 10 11 RAILWAYS.—There is no material alteration in prices. Blackwalls are 61 to 1. York, Newcastle, and Berwick are firm at 'higher rates. French shares may be quoted more in fironr of buyers. SALES E rvitcrED UP TO TWO THIS DAY IN LONDON. tTesterdav's priori wilt be found in last page:, Bir. & Oxford' Jun., 241 Norfolk Guar. 54 per Ct., 5/ Caledonian, 36 N. British, 271 Chester and Holyhead, 211 Do. Halves, 121 E. Counties. 151 161 Do. Qty., 51 Do. Eaten., N 0.2, 1 p N. Staffordshire, 101 1 Edin. and Glasgow, 44 Read., Guild., and Reigate, 7/ Gt. Northern, 51 5 Royston and Hitchen, 11 1 Great western, 103 Scottish Central, 301 Do. Qrs., 20 Shrew. and Bk., B, 3 .. Do. New 111. eh., 11 101 8. E. and Dover, 3 1 4 Ipswich, Bury Wt. F.dmunde, and Do. Thirds, No. 4, 631 Norwich, 61 8. York., Don., & Goole, 1 Lane. and Vorksh. Fifths, 34 York, News. , & Ber., 331 Do. Thirds, Reg., 44 d Do. Orig. New. & Ber., 111 1 Do. W. R . Union, 21 d Do. Exten. No. 2 (New. & Ba., London and Blackwell biew,No. 2, 134 Do. G.N.P..Fur. er Prof.,lol d Lon., Brigh., kS. Coast, 421 1 York &N. Mid. Pref., 171 W. Prof. Con. 5 per Cl., 414 Do. E.W.R. Ex., 361 Lon. &N. Western Qrs. New, 71 Boulogne and Amiens. 131 London & S. Western, 544 Luxembourg, 1 Do. New Cone. Eighths, 43 Northern of France, 111 1 Do. New 501. eh., 284 I Pans and Lyons, 51 Midland, 1161 13 -`• 14 Rouen and Havre. IS •flambee & Meuse, 1/ 61 110. 81.11: :ii, PRODUCE.—MINCING-LANE, Half -past Two. — The Sager market is ve active, and prices are 6d. to Is. dearer. The artiele has great confidence. Refined ßefiae d steady ; standard quality, Ws. W.—Coffee without any material al teration.—Rice: 2,000 bags Madras sold at previous rates, 9s. to 10s. ; 2,000 bags white Bengal bought in, 12s. 6d. to ' 14e. 6d.—Saltpetre has become very dull, and prices are 6d. lower; 1,600 bags offered and bought in. Refrac tion 41 to 91 bought in, 295. 6d. to 31s. 6d.—Pimento sold at full prices, 31 to 41 per lb.—Cotton shows a slight improvement, with a fair amount of business done. — Rum very firm, at the late advance; proof Leeward', Is. 10d. to Is. 100.—Cinnamon : The quarterly sales went off heavily, and fully one half was bought in by the importers ; first sena sold at a decline of 3d. to 6 , 1. lbs. ; the second and third sorts, it. to 2d. decline ; the Tellechery was all withdrawn. The next sales are fixed for the 24th April.—Spices steady.—The reduction in the rate of dis counts, and the general state of the money market, coupled with the low prices of many large articles of commerce, has induced buyers to come into the market with more confi dence than for some time past. TALLOW.—The market is firm to-day. 47s Gd. to sa. on the spot. 444. October to December. 441. 64. to separate monthly deliveries. CORN.—Arrivals at the Counties Railway, for th. weri Malt Wheat Badey ... , 737 , Oats granaries, by the Eastern ending Jan. 29: Beum Pees 328 „ ARKET, Two o'Clock. Bop Factors, report that the HOPS. - BC/ROUGH Megan. Pattenden and 8n market is firm at the late adv ance: 1 New MU& E. Rent" , 31. 8 tosl. 0 Yearling Kent,,p.ewt.2l. Bto 31. 0 New Weald of Root+ 2 14 to 319 Yearling Stwel ~ 2 4t02 18 New titokoz ....... 2 16 to 310 Old 1ft0.......... 1 oto 2 u Foratutzu. . . 4 4to 6 5 CATTLE, &c.—Total of Cattle received in London, by the Eastern Counties Railway, for the week ending Jan. 29 : Beasts. Sheep. nes. Calves. At Loodon At Stratford et+tion. 303 At Tottenham -- i 1697 ?or Yesterday', Markets fee tact page. SHIPPING. MAILS AREIVED.—DubIin, 3 ; Waterford, 2; Flanders, 1. LONDON, Feb. I.—Wind this day at noon, N.W. by N., light hrer z, and fine clear frosty weather. DEAL, Jan. 31.—Arrived: Gladiator, New York. Arrived from the river and sailed : Lydford, Sydney, N.S.W. ; Janet Wilson, Batavia; Pluzbe, Madras ; Smithamley, and Fife shire, Bombay ; Richmond, Algoa Bay ; Meteor, Sierra Leone ; Chilian ' Lima •, Rowley, Demerara ; Hindustaa, Cube; Loodianah, New Orleans; (lento°, and David Can ning, Mobile; Countess of Durham, Cuba; Ann Dash wood, Charleston ; Thetis, New Orleans ; Ceylon, Mobile ; Providence, Coquimbo. Sailed : Ckilian, Lima ; ftanovalo, Manjaka, Cape Coast Castle. PLYMOUTH, Jan. 31.—The LaMar et Emergo, Newcastle to Mes-ina, has put in here, very leaky, &c, SUNDERLAND, Jan. 30.—The Ocean Maid, of Yarmouth, for Shields, came on 'hove on Whithurn Mull, yesterday, and remains, but is likely to be got off. Orr DOVER, Jan. 31.—Chanticleer , Bahia. CaooaaavErr, Jan. 2S.—Arrived: Belle Barberie, Sierra Leone ; Brothers, Rio Grande, both for Liverpool. OFF DUNGENESS, Jan. 31.—Cutor, Batavia. FRASERBURON, Jan. 28.—The Jane and Catherine, of this' port, is on the beach, with keel broken amidships. The James and Mary, Newcastle to Peterhead, put in here on the 27th inst., leaky. git MAILS ---- The Wed India Matt' including Bermuda, Nassau,lirl Hondurse, New Orleans Vera Cruz, Tampico, and Porto fti4 excluding Mae for Mldeira, Jaamel, Cartbagraa, sort. au nt. O heerer, Panama, West Coast of Booth America, and St. Janda. Nicaragua, wilt be made up on the morning of the 2nd February. The overland mails for Gibraltar, Malta, Orme, the lonian Lam* 3ltAden, Ceylon, India, Hong-Kong, and China, on Southampton. made up on the morning of the 3rd February. The mail for the Brazils, the Rim Plate, Monte Video, Pawn, Saw, Bade, Madeira, and Buenos Ayres, will be made up au the arming of the 4th February. The .aails for Vigo, Oporto, Lisbon, Madeira, Cache, and Wheeler will be made ap en the mormne of the 7th February. The oveiliosd eloaod maths, no alatacqles, to the Mediterranean, Egypt, Aden, Ceylon, India, Hong Kong, P.c., will be made up en th e evening of the 7th February. The mail for Brit i s h North America, Bermuda, and th. Num +tate& will be made up on the erring of the lilt February. The mails for New South Water, Van themeiPs laud, eat m i . 7.ea4nd will be made up on the evening of the 24th February The malls for the Wee Coast of Africa and Madraa will be men up on the evening of the 29th February. TO CORIUMPON DANT& • Ah••IIBMWS teetotal 1.. • TIN !Apes,. Iced. erobisg 'be at die did, 10. lloineflownr. UT Two eelack us Wel HIGH MAYES AT LONDON 111311,013. D•l—Noraing. 3 W. NM II ; Memo., 37 3313. imam 3•3313-1133slai osak pat U c LONDON, TUESDAY, FEB. 1. Tne Americans, as well as the English and the French, are discussing the great question of peace or war, with the relative profits and expenses of both. Whilst Mr. Comae was addressing th e merchants of Manchester on the inexpediency of paying too many soldiers, M. TRIERS WM pointing out to the French chambers how im politich ar, p e w ea no iuny p d neo i ita:vubt power e hl was, rei r t t y oywfie.s a r ml el millions lu y e l tip n oo exceedingn theinsult t :dfir a tici in v s ew ,o income,e ia o apparentodaw floating rniwing:h thedi Itosbta shape tliboszakss, t o mi n isters, " you could not raise or dispose of a franc to avenge it The very war party amongst our neighbours thus exclaims against military expen. diture, and holds up financial economy as the wised meesure of " national defence." The Americans have followed up the same vein of reflection and argument. It is not merely Mr. WEB STER or Mr. CLAY, who repeat their old objections by denouncing the madness of the Mexican war, bet the Titiens of Washington, Mr. CALHOLN himself who exclaims againstthe 40 millions of dollars already sunk in the conquest of Mexico, to be followed by GO millions more, which Mr. POLK proposes to spend in letS. We have seldom read a more convincing speech in favour of peace than that of Mr. CALHOUN'S. Notonly does he point out the weakening, prodigal, effects of war, its dangers to a free constitution, and its in evitable results in the putting the heads of the middle and industrious classes under the water, whilst the class of those who enjoy government employ rise above the surface, but Mr. CALHOUN shows the im possibility of war at the pr• sent day obtaining any of of its great objects. Conquest in our age is an absurdity. If any nation could ever hope to conquer another nation, it would cost them ,more to hold it than the subdued country wee worth. To exterminate a people is impondie in these days, and anything . short of it will saw make a 'population content with foreign rule. "Them fore," says Mr. CALHOUN," take indemnity in the shape of unoccupied territory, in woods or wastes, but let us have nothing to do with any regions containing the cultivated houses of the Mexicans." Mr. CALHOUN declared that there never existed a eountry possessed of such powers and facilities for dominating other countries and colonies as Great Britain, without injuring herself. Rome had not this power, he said, and the United States certainly had not. Yet Great Britain had failed in making the dependence of other countries and other populations profitable to her. To say nothing of India, what had Ireland not cost England ? What does Canada not cost England ?—yet Irish and Canadian were both hostile to England, and becoming more so every day—more hostile and less profitable. Mr. CALIIOI N entreated the Senate to pass no vote en couraging the United States government to form an Ireland or a Canada in Mexico. These doctrines of Mr. CALHOUN are most impor tant, and are, indeed, but the counterpart of the opi nions now rising and spreading amongst us, not only of the impossibility and disadvantage of con quest and of military domination, but even of supremacy and political influence abroad. A great portion of our military and naval expenditure has taken place for the sake of uphold ing what we call British influence, a secondary kind of empire ; and our entire struggle with Emcee, for the last eight or nine years, has been for this influ ence. We have struggled hard and paid dearly for it in Egypt, in Syria, in Greece, in Madrid, and in Lisbon. When this influence is really exerted for the development of liberal principles and institutions we do not object to it; but how has it been turned in a contrary direction, as at Lisbon, or in no direction at all, as in Syria ? The beginning of the struggle in Mexico was, whether the Americans or English should have most influence there and in Texas. We see where it has ended. We might, therefore, follow up the argument in which Mr. CALHOUN proses conquest to be perni cious, and not worth its cost, by an argument, show ing that the semi-conquest, which is the acquirement of superior influence in other countries, such as France has attained in Spain, is equally pernicious and not worth its cost. The more, in fact, one country dominates and influences the gov ernment of another, the more hostility and repulsion does this very influence create, until it ends in the expulsion of the dominator. English over-influenoe has rendered England detested in Portugal, and will end by our utter expulsion from any power in that country. French over-influence in Spain will do the same for France; nay, would unseat the Duchess of MONTI'ENSIER from her filched throne, provided we leave the French alone in the task of ruining themselves, for our interference will but delay the catastrophe. With respect to the United States, it is to be feared that the population in that country are not yet wise and temperate enough to refrain from a conquest and military occupation of Mexico. All, indeed, admit the folly, but say at the Fame time that the country is in for it, and cannot draw back without dishonour. The more pro , mising effort of opposition is, therefore, to give to the war and to military preparations as little of a permanent character as possible. Mr. Pont; has mended ten new regiments of regular troopa. Mr. carrreenee leads the opposition to the proposal, and says the troops already in Mexico are quite suf ficient to triumph over it; but, if more be required, let them be raised as volunteers, paid for the days they serve, without efficers of a regular stand ing army, with all the expense of generale, staff, and paraphernalia. Mr. POLK, however, is for a large standing army stationed in Mexico, not living at free quarters, as volunteers would be apt to do, but maintained regularly out of Mexican resources, if such can be re's-ed. General CASS supports this idea, which Mr. CALHOUN justly stigmatiees as placing in the:Paestueev'e hand a more than imperial power, endowing him with a patronage as large u that wielded by a European monarch, and conse quently overthrowing that balance and limitation of power on which depend the freedom and perma nence of the American constitution. The war party in America hue in fact, though originally democratic, become a high government tory party, attrl are not surprised to see the real republican joining with the whig in deprecation of it. THE Premier, it appears, has told the gentlemen who waited upon him wit!: a representation respect ing the tea duth a that their proposition cannot be entertained at present. The CIIA NCCLLOR OF TUE EXCIIEQUER is said to have told the depatatioa which waited upon him last year for the same pur pose, in still more pithy language, that he would rather consent to loee his right arm than to surrender any branch of the revenue at such a time. We should be sorry to force such en unpleasant alternative upon either of our ministers of finance, but tray the very exigency of the crisis , the very mr- cumstance that unwonted difficulty will be experi enced in providing for the necessary national expen diture, is a reason for instituting a calm and searcng inquiry into the affairs and capabilities of the nation. Such an inquiry was promised by ministers in parlia ment at the close of last session, and good use bee since been made of that promise by various mmudenal members on the hustings. It is to be hoped that the mi nisterial memory will be refreshed on the subject of these promises by our 14. r li&, a