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

~~ j~eeL ~~,"1 . y WHE GREAT NORTHERN RAILWAY.- asexpanied 9 a ar. va.. ea n. NO Sow. 19461—NOTICZ ALL tals day mat% a( ,11210. per sham* maim a total of 413 rot W atDod no. TO THE BHAIEROLDER& Molnar is RIIIWIT oils/row um mama Ivo tabu t, Of c a s ell , . s t a is. Mrs re ultimo wain thelebbell le NO Merbtat ler a l e be le be yin we bi ggr ,b.. Isy et It er gas et lie Mitts Irk et loohlek tra.b„ Mirka Her. to of 113eafj a .. 1 ,____ ) Yew. Meow Moot Iterareeotok7r.d. Slam Mew SW Oh. alMon JohetLlTlte.64 Frith w .16. he te prigeteter. th geltemOth te b V. A .,. It& lea S. art to the le• UM 231011 A to Os ant If oda GO AO O-o Of . the hie Itl ItorsEi 1b.,. 1.,.., ,„ i . im . , I rival b. ee lag heath all ....wart. .., a. .I,m done ow ea all ethos vtikh pregetetee M Net mb vlit i reflo beet Whip net ea ta I to t e......... .arl York listemploo Xr k sob or rerforontdood .... b... mob phromie to eirealla, are to ihteoettl lib ./ d.... mind be reibleredt eller di alit =leo thile eetdaMMI IZ A. griell Wt. OS Mil ladir Zig . 111 ligns t i r o et oda b load e *IA leeveetheri h. the thareliebleek le Wm dm et the .st . t rte , u ...pm. sb Thoretter, the NW dor et loolaot --- 7* -- 'eseler. J. R. OWAT, SOCribla7. Coggsgara °lima 14, llocogat•Otoot, Landoll. Feb. 1. lea _ _ _ _ SHEFFIELD, LINCO] M Blatt itAILMAY.—NirICE id tidnEßY GIVEN, that the ORDINAtif MAIMAEARLY Mt:I.:TIN° of the Proprieten of ' the Ihafidill. and Lincolnshire Railway Compan=e , , Mid t i t.. el ordinary bnanow thy:Juane the 000 el les in the Company), at the Albion Had, krimodainr. en MIDDAY, the leith day of February mac, at 1 Is the elsospen. And 'Woe la ber•by holm dm, that an EXTRAORDINARY 011111 MILL MELTING of Me ltectdeen of the gold Company will Lollies e Übe Ana pima at 3 in the afternoon of the same day. for the =end sebedaing tor the ov a of eve proprietors meted at the deft ef tho tallowtor bills, now dipimilled be" l P i e== ll hie prdleimat ; that is to my,— lal. •BM kr man In the idsodiamtar, fibedield. end Lembo eldnitriddedeamv amekometeldientrom Ifoodeseeir teems, 1....— * Mer ambling the lbodwaria. Iludlibd end moo flemere te make Improved atememlintdom le &Via lien la trate MOM lbe al me ZVI • r a & reels ia II• . _Olreesia. end limo! .. a. to Panoisy. with Immilme • ail In eel of themes , * of Tart" Act fee Mambester. filiellehd sat Lamer imi" a C =6%3 Planeleyear, _flbeldlid; and to osodeue. en siMitiond or 'Oldefead ia = l : e selt a le mhos hem* mew to the MaideldOmal.' i a lli wzg for Immeetz s the s d. Xe i toe Me = limider te the mod Dior at traptisa4N-1 1 0.10 1 =CI Tye ; ter moldm a oternectias nee al eatr ig e reek In Se romp ef • ler iMett the pilotage Gl u t= • mai tor the ode Mating to tho Ire= Company." OIL q tr esolikte the anchemar, South Jonodeo. ead AI Oemoyao to provide additional eletien ateammo &Mink Masdroveer, End fir other purpose".' And Pella Is= sa turther ;rhea , tit i t : l t io Reedeter of Tramfero rin r e mar.. to the IGth d dtv " of February nett, boir . days In- Y ARDOROVOII, Cbalreean. JOHN CHAPMAN. Deputy-Chairman. JAMES MEADOWS. Secretary. Manchester, 511 January, ititB. Now ready. to he had of all Dealers, QUMMERLY'S ART-MANUFACTURES, k - 3 v i r ....4 8, 0,94 Onmrkir. Dyce, Horsley. Mad*. Mulready, Red- Cr ohs Ues(Parinal £3 3 0 1 Montt.? Stoppers tellvertf.34 13 0 soh Broom Water Yaws and Jugs ... . . 32 0 Woo) Various prams Irigiume tiekail ( lia- Du A tisio Fish Carved Whet') ... 11 11 0 var se ia. .... ... 1 7 0 I The .. Flax - Paper Cutter 1 6 0 Marian) 0 9 0 Wine Tray i miner roacht) 2 10 0 = ll lMmard (Parlanl 113 0 1 Hop Story H er r Sur .. 019 0 BMWS Wafted (and Too thddy Spoon .sliver) 313 6 .... 6 e 0 aN II Sring; 06.101M0 pent oe receipt of two Portage Manna. Also mewing, TIE6BOOKS for ART-WORKMN. Edited by Faux Sou anat. thon Treatises on that aroolust of Elementary Kno•lodge of Ma essdish rtham. ovary Workman who Ins to produce Art-Manufactures be a ar. item his gatimet communications with manufacturers and thak workmen. tho bad personal experieoce of thetr want of the Lre .... ." irf, books. Art-worluthm. that is workmen employed In model l g. and reprododag mrangements of colour and form. engaged. in all manufacturing operations which demand ammo/ of =ought to he somewhat acquainted with thetetlaalgat. on kr work Is founded. It Ir taw Intermix to be so even as the are amount of their am., which le inglabald * Skin M- Ski at s i. t.• a great dean, But at scatter stab want The editor haw ver7 dims can wltirkwirree k . eg on tower painting who ware IMMO OP 214: , dmarleggicat arms, and were ignorant alike of the Mob, and mina? ca d the atructure of primate. t way laths& to Sod workmen en aged be Mrs. jts, et tad relloet hir = S w i tt i lt only ill oo l t e d i ad to what thir td bars WI Joints • finger had, hat wove coon unable to ya m WM wwwfaa7. So far as boots nth afford pply • remedyT*7 for thms %Wise aim or the proposed series to su it. will be getAbbol thertonally fully illuovated, and at prima so low, t • resautaissrer iiia Ind it to be his tamest to distribute them =war Ids workman. Armee the prindpal Winne, each one making one hook, nay be 1 harned 0. General mune of Stud) necovan for an AM-Workman. 1. Drawing and the U. of the Pencil. 3. Principle, of Light and Shade. 4. Perspect!vc. 6. General Study and ObservaCoa of Nature. 6. Printaploq of Doe and Form. 7. Natural Oblocie applied to Ornament S. Principle. of Colour. S. Anatomy of the Human Form. 10....thatomlliesena, Birds. isi ii . ari of Noddy arnamen., i . #1":4! les fT . . and their derivation from Nature. L 14. Art of Cissatam li tla Making, to., he. Reek rotten will he treated by an with fully acquainted with It, and seactically familiar with the man og the artsworkman. Joseph curriall.l3. 061 Boaddreet T HE PLATT ,— ''')TS cannot SEAMLESS I'EAPO. be distussuWied from rum, or leak or low their shape ; while from the peculiarity of the proem of tasking Dust IPeraetedi, their wino are about one-half of any other sort.. Portland, : oral plain. ▪ ; mond pimin • lie. ; rouhd engraved, 30, ; antique (superior even to Ave Wit In delicacy of Subdil, Sus—Detailed catalogues, with ea gerialaxwen of every Ironmongery Wide. rent per fort) free. W ISS BURTO RIPPON and BUR OW9I Stack • Gamal lilunttning Ironmongery is literally the laded la the world, aY as as Immo can be employed to give a correct ides of Its variety gad oda* yardmen anl invited to call and impact IL-39, Oxford. streak (coder of Newman-4.i, London.—E. , itablehed In Wellast., 1820. E r ESSRS. LAMOND and Co., railway share sactionoent, respectfully pea to inform !heir friends sad the centimeVZ . l%, di i r daZ y ttia and . 13).11.11 4 f dr m r im intirs eoc e . ma all other shares and property. Moon,. L and Co. also beg wasesuise that their public inN takeo place every W.-dated'''. at 1 Week at SY Hall of Coninutoe.Threadneedlesitreet. Loudon. to their COPS at which place all favours are roquinted to be addressed.—Thread. asedledreet. London. Jan. I. 1844 . _ _ ...... CLEAR AM) SOFT SKIN.-.KOWLAND'S K ALI' DOR, eminently behamte. reetoratire. and invigorating. is equally celebrated for tafety In appliances its for unfailing etheseY In thoroughly purifying the skin from a pimples, spots, blotches, freckles, Inn, and dUmlorationA producing a healthy frethaem and transparency of completion, and a witness and dellepcy of the hands. arms, and neck. Priee in 6d. and es. 6d per bottle. • Beware of wantons K ALY• DORS, coats/aim mineral astringents utterly ruinous to the complexion, sad which, by then . repellent action, endanger health. Each bottle of the 'gamine has the orts " Itotelandk KalYtior " Om nrtnns , Bold by A. ROW LAN D and SON, 20, Ilattonlardega London, and by all armlets and perfumers. IN PREPARATION. THE SEA and THE RAILWAY : their new Relations vet forth Ina Jaunt along the Mancheator, Sheffield. and Llncoloahlro Railway to Orinaby Docks. By ?nix Srmaiwit.y. With woodcut. by C. W. Cor A i. LILA., D. Cot, Jun., T. Cowden, A.A., end e. A.H.A. Crean, and Lonsrmana CAPTAIN MARRYATII TALES. WRITTEN YOR YOUNG PERSONS. New edition. In fcap. Bro s with 2 engrarlapa. price la. 6d, THE SETTLERS in CANADA. By Captain 8I•lITAT, C.A. A new edlt/on, complain Ind vol. By the name author SIZE M E PRIVATEER'S AN ONE lIUNDRED YEARS AGO. role. 12a. NASTERMAN READY. 3 rola, with 18astratIona SL. 6d. THE MISSION or. Some In Africa. 2 vols. faieZ n. o. London: Longman. Brown. Oreen, sad THE number of STAMPS issued to the DAILY NEWS by the authorities Milts Stamp-01m, during the year 1847, was: From J. 1,13 DEC. 31, 3,447,009 This, we believe, is within eight per cent of the number issued to the Morning Herald, Morning Chronicle, and Morning Pose, ALL PUT TOGETH AIL LATEST INTELLIGENCE. THIS DAY, Filar o'Clock. EXPRESS FROM PARIS. The following news from Paris, up to yesterday at noon, received by electric telegraph, appeared in the Daily New s this morning:— The debates on Saturday on Italy, and the recent news from Naples, are the topics of discussion in all circles. The apology for Austria, delivered by M. Guizot, is the subject of indignant reprobation from all parties, save the immediate adherents of the cabinet. The Three per Cents., at the Passage de L'Opera, were offered on Sunday night at 74 65, demanded at 74 60. There are no advices from southern Italy more re cent than those already given. Letters from Lom bardy of the 26th represent the reign of terror to prevail there. It was the purpose of Radetaki to expatriate 600 leading citizens of Milan; this was opposed by the viceroy, and not executed. All clubs and societies in Milan were closed by the police, even including charitable institutions. The consumption of tobacco diminished by nearly a million cigars per month. Theatres were deserted, no balls, uo soirees, society was paralysed, subscriptions were opened in all the chief towns in favour of the wounded in the late massacre. The Madrid mails of the 25th have arrived. Eipar tero had written to the senate declaring his intention of leaving for Lognano ; he was, however, still con fined to his bed by influenza. His name was first included among the invited to the royal fetes, but was struck out on Queen Christina declaring that, if he were invited, she would not be present. It is certain that, out of this affair, a serious fetid had arisen. No progresistas were invited to the grand ball of the 23rd. Accounts from Catalonia continue to report Carl ist movements, notwithstanding Gen. Pavia's declaration that the insurrection was suppressed. /-* •z- ' Mite bad been Weer-hanged between Mr. Mawr and Eepartero. Moritz bad a long interview with Mr. Bawer en the 24th. intelltierre has been received of a terrible her r:ilia', on ta• MAAR sour between EMI and Tunis, which continued from the 11th to the 16th. Several vessels Were damaged, and the British steamer Scotia, 1 Capt. Pecan, 120 horse-power. totally lost, officers and crew saved. The Scotia plied between Malta and Tanis. The French government has received intelligence by telegraph from Perpignan, of the total destruction of the war steamer Curler, 320-horse power, by fire, at Porto Dicampos on the 25th ult. Since the foregoing appeared in the Daily News of this morning, we have received our Paris letter of last evening. It adverts to the indications which the jour nals under the influence of the cabinet of Vienna con- 1 tinue to give, from day to day, of strong coercive measures to be enforced by a foreign army in Lora bardy. Articles are artfully put forth to excite the pemantry and the lower classes of the Lombardo- Venetian kingdom against the nobles, who are repre- Rented as turbulent and revolutionary ; as caring nothing for the material welfare of the mass of the people, and as entertaining designs subversive of the public tranquillity, and obstructive of the material prospects of the country. The Austrian Observer, the Prussian Universal Gazette, the Augsburg Gazette, and other journals Remissible to the influences of Vienna, constantly harp on these topics. While the lower orders are wheedled, the higher orders are threatened. It is intimated adroitly that the cost of maintaining the military farce aseessary to snp . preas revolt will fall upon the wealthy proprietors, and that the industrial classes wil l be exempted from it. We gave yesterday an article from the Augsburg Gazette, which evidently emanated from Vienna. We find three days hem en the 29th, au article in the Universal Prussian Gazette, eulogistic of General Radetaki, and his notorious order of the day, and of the beneficent* of the Austrian government towards the industrious classes. The Augsburg Gazette or the 27th says that, from the let of February, the entire army of Italy will be pat upon half war footing, with the exception of the 3rd Italian Battali..n ; that new reinforcements were daily expected, and that in the coarse of a month all Lombardy will present a warlike aspect, its frontier battalions having received orders to spread themselves over the rural districts of the interior. On the 19th a convoy of 20 four-horse artillery waggons arrived at Verona. Sir Stratford Canning arrived in Paris yesterday, from Berne. _ _ _ _ . It is stated that Abd-el-Kader, having lost some of the confidence which he had pla ced in the promises of General de Lamorieiere and the Duke d'Aumale, has written to Marshal Bugeaud, to pray him to in terfere to have the treaty executed. PAS" JAN. IL—Hen Lean, ; Three per Cents, 74 53 ; Fires, lIC 50; Your.aud•Malf, —; Yours, 99 00. Belgian rm, 1640. 99 ; Do., 1842, 11114 ; De. Four-and4t41417, —; Naples Reuter, 96 50 ; Xmas! Lows, 96; Treasury Bands, 44 44. Bank SIAM. 3175 80. aeons* on Lsodoo, sett, 25 03. lIADIUD, JAN. 23.—Threw tier Ceuta, 274 at 50 days ; 27 3.16 cash, I paper. Flee per Orals., 164 paper ; 9-16. ?askew, 54 paw, ash. Bank of St PeedWnd, 123 popes. Exchange don 48 owl,. • 7 • Advice. from Switzerland announce that the new avoy of the Pope, Luquet, a French prelate, had arrived at Lucerne. The Swiss Federal Gazette an nounces that the district of Walleran, in Schwytz, had rejected the new constitution by a majority of 300 votes against 150. Letters from Oenoa of the 18th, published in the in the &cabala Mercury, say that the Jesuits had re turned to that city, and were protected by the mili tary from the hostility of the populace. A letter from Turin, of the 25th, announces that all the members, without exception, belonging to the different sections of the Council of State, have been convoked for an extraordinary session, to take into consideration certain urgent questions of finance. It ' was generally believed at Turin this is connected with augmentations of the army. The King of Sardinia has ordered the two sub-lieutenants, Rayandi dells Cainea and Ravelli, to go into Tuscany to discipline and instruct the new Italian militia regiments. The same journal states, that his Majesty has given his sanction to the resolution adopted on the Ifith by the corporation of Genoa, to transfer to another establish ment the gratuitous appointments hitherto granted to a certain number of young Genose, for the Jesuits' College. SPECIAL COMMISSION. CLONMEL, JAW. 29. ATTEMPT TO MURDER MR. BAILLIE—CAPITAL Cost vicvtom.—l sent you last evening the greater part of the first day's proceedings upon the trial of John Daly and Edward Rowan, for attempting to murder Mr. }Laud Uniacke Baillie. I now forward the remainder of the case. John Clarke, a boy about 12 years of age : I remember the evening Mr. Baillie was shot. I was holding on by the gig behind. I heard the shot; it came from the left as you go out from the town. I saw the shot, and after it was fired . I held the horse's head, and then went fur the police. Before the shot some one said " Halt." Edward Shanahan: I live in Nenah. I remember the Saturday Mr. Baillie was fired at. I was in Nenagh that night, and slept in the house of a man named Davis. Next morning we went to early mass. I saw the prisoners Edward Rowan and William Carty there. After that I went to my own place, and then went out to walk. They all came home to my room from meas. When we went out we walked past by the court-house, towards my father's. When we came to the cross, Rowan said he'd sooner go a shorter road than go through the town. I went near a mile out of town with them, and parted with them. Nicholas Oartigan (an approver), examined by the Attor ney-General: I know John Daly. His wife is my aunt. I recollect the time Mr. Baillie was fired at. I was living at Daly's for a couple of months before that. I know Edward Rowan, and Wm. Dwyer, and Bill Carty. In October last, about a month before Mr. Baillie was shot, Daly spoke tome of Mr. Baillie. He said Mr. Baillie had run him out of house and home, and he would be ruined unless he got kis shot. He then asked me to go witn him on the next Satur day evening to shoot hint. (Sensation.) I said I would, for that it would be a bad job for hint to do it, as he would be the first to be taken, on account of the writ being against him. Connor came to Daly's on another occasion, and he and Daly came to me to the hag gard. They began to speak of Mr. Baillio. Connor said he was a bad man, and would ruin him and Daly, and he asked me to go with Daly to shoot him, on the following Saturday evening. He promised to give me the price of a snit et clothes if I went. I told him I would not go nails be awe me enough to take me out of tke country. He said hand not any money, and then I refused to go. (Sensation.) Thie conversation took place on a Thursday. On the following Saturday morning I saw Connor at Daly's again. It was alter breakfast I saw him. I went out to throw up manna, sad both Daly and Connor came out. Connor said, In Dthrs presence, that he was going to town to meet two MS that were to shoat Mr. Baillie, and that if he did set meet them, be would be home before three o'clock. This conversation was about three weeks before Mr. Beall' was shot. lie told Daly and I not to be out of the way if he :same back, but he did not return. On the next Ilmtbky morning Connor called seam, but I had no emanation with him. On the Thursday before Mr. Beane was shot, Connor came after mo when I was pulling turnips with Daly, and bid me never speak of what he had been saying about Mr. Baillie, as it had not been done. He also said, " It may be done yet."—Daly did not hear that.— I know Edward Rowan and Bill Carty. After the meeting in the turnip field I did not see Connor until after Mr. Baillie was fired at. I saw Rowan and Carty in Nenagh before Mr. Baillie was shot. It was the Saturday before November day, the3oth of October.; John Ryan (" Ogreish") was with them. We went into Catherine Boland's publie house to drink. Rowan began to talk of Mr. Baillie. He said that he was a bad man ; that he had tumbled houses in Dubarrow, and that it would be a good thing to shoot kin that night. Both Itlwan and Ryan asked me to go along with them. I said I would not. Rowan told us Mr. Baillie was in town. This conversation took place between four and five o'clock, in Boland's public-house. It is next to Carroll's public - house. I was never in Carroll's. I showed the house I was in to Mr. Pollock, magistrate. They asked me several times to go with then, and I at last consented, and went with them part of the way. I had no arms, but the others had. Rowen had a brass-barrelled blunderbuss ; Ryan had a gun ; and Carty said he had a pair of pistols, bat I did not see them. I went as far as the poorhouse with them. It was nearly 6 o'clock when we went out. It was dark at the time. The poor house is about three-quarters of a mile from the public-house. Rowan wore a dark long coat. I went as far as the poor house, but would not go en, as they were getting too drunk. I then turned, and went into Neniez,h, and then borne to Daly's. I saw none of those men until after Mr. Baillie was shot. After it I saw Rowan, 11}an, and Carty, at Hayes's public-house in Nenagh. We sat upstairs, over the shop. Ryan asked me, in Rowan's presence, why I turned back on the previous Saturday when they were going to shoot Mr. Baillie. I replied that I was afraid the police would take me up for being along with them, as they were too drunk. Rowan said, " Did I not do that job well ?" Ryan bid him hush," looking at me; and Rowan answered, " There is nobody here who will speak of it." He said, Did I not do that job well' I downed him." Ryan said they had al a hand in it. He afterwards said, " He is not dead yet, but if he is not he will be down in a short time." I saw Bill Dwyer at Daly's before Mr. Baillie was fired at. I often saw bim there, but I cannot say how soon before this occurred. (The approver here iden tified both prisoners.) I had some coffee and bread at the public-hove the night Mr. Baillie was fired et. The enlisted in the 46th on the Ist of December. Cross examined by Mr. Rollestone : I wee often in gaol. I have been in gaol since enlisted. I have no father or e z-- 0/111---dr- flortll N0.445.] LONDON, TUESDAY EVCNING, FEB. 1, 1848. mother. I lived with Min Flynn before I mean Wet.' Flynn said I look his potatoes. That was set the new I left him. I know Bill Dwyer. I know Jams sad remember robbing him. This teak pieeebelliee Ttr. Beale was tired at. I was never at die obasdat el a rat. Me. Baillie never injured me, although I said world &Wide& I would not murder any man I was asked to murder ; bet I would for Daly, because he was a relation to me. I would have murdered any man Daly asked me. (Sensation.) Mr. RoUestone : Would you have murdered me id they asked you ? Wiener: By Gor, I would, sir, (Great sensation.) To the Court : I pointed out Boland's as the bow where I was brought into in Nenagh. I gave information a weak after I was taken. I saw the reward up, but wee the. ert , - listed and going away. To Mr. Rolleston : I was arrested In Limerick On lily way to my regiment. There was a depot in Guernsey, and I was going there. I would have shot Mr. Baillie if I get to take me out of the country. I was sober the ni g ht speak of. All the others were drunk. I took the pledge and &oak afterwards. A priest gave me leave. I attended as.. regular. Ide not know whether it would be a greater aims te commit a murder or break a pledge. I think murder would be worst, but Ido not know. (Sensation.) Connor had a fatherin•law in Dabarrow. I told this story to Capt. Pollock. I told it the day after I wee taken. I cannot tel the day of the month. I believe it was the Sth of December. I turret had arms of my own. If I bad areas I would have brought them, and used them if the first shot missed. (Great semation.) Margaret Canvan : I know Hayes's public-home in Neasgr I am a *avant there. I remember hearing of Mr. Nall* ,being shot. I know Nicholas Garrigan, and remember seeing him in Hayes's on the Thurs day after. There were, I think, paeans along with him. I attended them, and brought them whiskey, and eoffee, and bread. This was between five and six o'clock in the evening. I did not know any of the men who were with Garrigan. The approver Garrigan wu here brought into court, and the witness stated that he was the person that she alluded to in her evidence. Constable Harrison: I was stationed at Ballymackey in November lest. I know where the prisoner Rowan lived, and where William Carty lived. I saw Rowan is Nenagh after Mr. &tithe was fired at, but I had no warrant against him. I afterwards saw him on the townland of Clack. on the night of the 21st December. That is over four Clacks, from his residence. I met him on the road. There was another person with him. Rowan had a short doable-bar relled gun. This was at night ; but they saw me. I was not in uniforn. I knew Rvwsn, and thought to watch him to where he was going. I was disguised u a countryman. I sew him again on the 26th of December, on the mail coach road. It wsarufter nightfall. He went into the house of a man named Thomas Kelly, of Cbuihree. There were five or six with him. I went to that house afterwards with a party of police. I saw light in the house, mid I rapped at the door. When I got in, after a little delay, I found 12 or 14 persons playing cards--at least, there wen cards on the table. Rowan was not sitting there. I silted Kelly if there was any one else in the house. He said net; but I looked under the table, and found Rowan with a pair of loaded pistols, capped, in his pocket (pistols produced.) Consable O'Keefe : I know the prisoner Daly. I arrested him on the morning of the 22nd November, at his own house. Before that I frequently searched for him after Mr. Baillie was fired at, but could not find him. Dr. O'Neill Quinn, who attended Mr. Baillie, deposed that he had two wounds on the right side of the bask; he saw him in about half an hour after he was fired at. One bullet entered behind his ear, and came out in hie mouth, and ano• then before his ear, and shattered his jaw, a ls o coming out at his mouth. These injuries were dangerous to life ; for three weeks he had very little hopes of him. Mr. BMWs in still in a delicate state, so that he could not come here. John Comerford : I am in Mr. Bernie's employment, and act as his bailiff. I know John Daly and Edmond Connor. They were tenants on land for which Mr. Baillie was agent. At the time he was shot Daly owed 601. 135., three years' rent. It is still due. The case for the prosecution here closed, and ' Mr. Rollestone addressed the fury for the prisoners. He contended that the corroborative testimony in support of the evidence of the approver was net sufficient to warrant them in convicting either of the men on trial. The learned gentle. man, in a most eloquent speech, then went through the evidence for the prosecution, to show its insufficiency, as it referred to each of the prisoners, and in the course of his observations he complained that the approver's evidence, and other important testimony in the case, was not reduced to informations, to enable his clients to prove its utter false hood, as it was moot probable they would have been able to do. Bridget Carroll, the owner of the public-house in Nenagh spoken of by Carrigan, the approver, swore that it was not open upon the day he mentioned, in consequence of her brother's death. The defence closed, and the Solicitor-General replied on behalf of the crown. The Chief Justice then charged the jury, who retired, and M about ten minutes returned with a verdict convicting Daly and acquitting Rowan. They were removed from the bar, Rowan being retained in custody. It is very probable that he will be again ar raigned with the parties yet untried for the conspiracy. ARMED ASSAULT AND Ronnzay.—Thomas Britt, a young man about thirty years of age, was indicted for having, on the 16th of April last, at Ball skill, in this county, assaulted one Martin Healy, and robbed him of two pistols, and 891. in money. There was a second count laying the property in Mr. George Stain. Martin Healy deposed to the assault and robbery, stating that it took place about two miles from Roecrea, at ten o'clock in the morning of the day in question. He posi tively identified the prisoner, who, he said, kept guard over him and his master, Mr. Stain, who was on the car with him, while others of the party robbed them. Mr. Stain having corroborated this testimony, Mr. O'Mahony addressed the jury for the prisoners. The Chief Baron then summed up the evidence, and they found a verdict of conviction. The Chief Justice sentenced him to transportation fir ten years. MURDER 01 , MR. Hier...tom—The two ear-boys charged with this murder will be tried on Monday, to which day the court adjourned at 6 o'clock. Monona OF MR. Roe.—Wehave good authority for stating that Lonergan, who was convicted on Wednesday last for the murder of Mr. William Roe, of Rockwell, in this county, has I made a full confession of his guilt, thereby satisfactorily bearing out the verdict of the jury in perhaps one of the most intricate cases of circumstantial evidence on record. He has not as yet implicated any one in the crime; on the con tr►ry, he states that he was alone. It ia, however, generally supposed that this statement is false, and is made for the purpose of screening his accomplices, as there is strong reason for believing that there was more than one person engaged in this diabolical outrage. • for some time to come to be expended the isiag to allow 60,0001. so soon as the data treunry will permit. European culti vation continues to advance : turnips are now to be seen aroand Lahore. I had a letter from Colonel Lawrence a fortnight since, stating that tools and implements of the best construction, with Sikh work men, were either to be sent down to Bombay to receive instruction in the arts, or Bombay tradesmen well instructed to be sent to Lahore. _ The Bunoor Expedition is threading its way through the passes ; it has hitherto met with no ob struetion, save those physical obstacles present, and it is not supposed it will meet with ary. The Sikh soldiers have behaved themselves admirably . : their discipline has utenished our officers, considenag the recency of their organisation. They are a fine high spirited, martial people, hardy, bold, brave, and temperate. Small pox hu broken out in Scinde, and is com mitting sad • ravages, otherwise the country is healthy. MILITARY INTELLIGENCE. Casualties by death in the armies of India, reported since the departure of the mail of 16th Dec. : Hai ltuaary's TILOOPB.—Lient. G.. L. Woodd, 86th Regiment, at Bombay, on the 224 Dec. Lieut. H. C. Car dew, 94th Regiment, at sea, on board the Mary Ann, on his w home-4We not given. 3wabay.—Litst. C. P. Tolfrey, 4th Rifles. at Hurraehee, on the 7th December. .Wifor G. St. B. Browse, 7th Sege.. at Roam, Seinde, on the 7th Dee. Madras.—Ensiga J. A. Wright, 39th Rae., at Coinaba tore, on the Ist Dee. Captain J. Clifton, commanding 7th infantry, at Ellicipore, on the 20th Dec. Bengal.—Captain J. Sibbley, 64th Regt., at Musson* on the 9th Des. COMMERCIAL. BOMA'S, 31st Deceseber.—The tone of our motets is musk* eines es at the date of oor Int, that for imams Whig in a • Whim tiesthee* sameerket men lint then whin the anenter OINSISINO depend, end to toe .a to ea Ile legla bird gar *Mid Mall, we see nothing to Mow the net* penitent ear Mem% neon =markt scarce, is much tea no then Is neelly the Mee et kb sane, or was expected, bet the Bask of *any hes dewed it i medelle to ran its rates of *sent Ac., one per cent elan WI Cense Pun OODL—WO bsell lad a rea tallier tO7 of sage haring hens dread . al of men nobs ta he pert aft gad disk aided to Age aided twee& the tam eir kel lait hobo( the mask appein to lace MASI ne amen be the preeset, and the nein bee thergeore tieen i • math lem *he bees *bp the that 111 esp than it w previomly ; prink hewer. ere eaglet be shirting in the , of oda bop rea l lmes em , at, in ems a allele eigageiss aspen M made addapolam, king el= w aad up eciteLdekeedlei It =low that have end pans of vilaboblie linee '. 7iir ia =t la grey, are well supported. Menne of kw minty (31 inches) has been a god aell=sl be, end batmen to mid /lip quaky has her la aloe sestet, bet tag Mho Ideas we atelostad.—bevy geres. Oracalei Irene% as well as sage, are he woe essame, empadelly the Idea ere 11111110; it lea wails go to meta= dyed grids ent einammehed ?sr, as well as te sedan , bat lapels af all kinds me dell of • Ide. Teeny red epee pima Ire mid* pang had ea bind tni deny at the Menem len has imenemeeled in value, emeingteeeme nine nos mess se a feew Twilled continues ha epie &- mai, as also en Walk bilk ,we scone. Patois WOO doe me very dal! at ads. Be_l yere„ le the grey, has her oars fa quint be low err Ink at sues brie Was sf mai have her ~ld at Naar haw psheen ear lahrlor, bet fit ages brie Wear nal*. Of von then Ins ale besa sane min soles& of leek whew mew to age heaseades ere urloreesse. Cheeps see the best quality of Turkey red tontine b damask On aided the be* fe quite atime.-160 bale 30elb each, (20 80 be 30-80ths 61 74) 49 lb 60 70 60 10 100; 130 do. do, 7 74 82; 148 do. do, IQ 7 71 SI ; 330 do. do., 74 74 9 10 104 124 IQ 16; keedm ihnE 74. WATIIL-130 Wee ipt 76 9; 60 do. do., 771 Bk. WOOLusil. —Tar Isiolle Is some little inqui r y. but the Oho Ahmed ate ollt leo whoa of ao irsaaatioa. I=.-Seella lee is euelleess to deem* as dose sloe Oda ea. MSS WAN • sob if sgreetwotart:W Wee seals at a Mode% Int la gloat Wage caegfalleesfergme and egad eta *et, end hese ins, mos sake bale elloleit se tow the prier allefese ha ell eel age hemp W cfot ei tt raft sesl4 alledl heselsee media mewl& elakereressot wry WNW spellty—theillier fad helm the ilowte or t the last mall.--eosaat wigdeepen threw enlace - aseros cell be weak war motet el lead esbmin hen - se ON ef thm mid b said to be inatem—lsi W tomeaffane sewed, and prices are Imalserd. or ti Into.—UM emilln Deng bee, at re. 394; 110 ditto ditto square tot re11 4 b.484; 1190 ditto ditto ditto, en. 43; 10110 bundles ditto neon in is. 461 per candy; 600 ditto ditto sheet, re. 7l; OM din nap, se.% per en. Ogrini-1110 art. brazier's, at re. 624; 200 ditto ditto, M. eft ; WI din ditto, re. 624 ; 705 ditto South American ingot, m of per eirt. Brsizn.-400 cart at Ili ens. mead., 150 cwt. at 114 es., 1,474 cot at 11 re. WIREI.-150 cwt. tub and 950 cwt faggot at 8 re. per cwt. Commrsat—eontinues scum, and a small import Owe our last Imo sold reeft at en ears* quotation, whilst a Ws of 8,70011. to arrive hag hameogess at 41 re. per lb. EIPORTS. 011lISSI wags --The enema item b as well these I last received free Meg a eoatinuing to be van en be** be this staple, prim hone farther given wag Om mar bet a en the market bas disod declining iggelPinalli M time during the fortaisit SOW ens a arc* bin* le es isemes business, but dale eke entre at the CIEs (INN oil Omer & Made (lath debt) lemeelleo gem to We less pet • stop to, the emilmnied Jog** begin his. smalls pre vious thereto. imestg fie( we* at cotton hen Dharwar, the produce of An s. seek has garbed is the Mt itrilibt. and the same is seilleget 111 ate Ma par seedy: the wig behstor int mem esemmeet le the early put el the V the rfw owlet sae thestleta mar egemat einanglemegQ era Dekr =are non* teem is ray to this port, sad Os hien no kor maehstiO letollei7 odPed with TvicsAnt.--1111aser Ant . at rs. 82; 500 makes lkekkee is. 911 to 81; Si Dean, ens 79; ; 4200 bales &cab. the new drop, to an*. gag Indy. Toesaos—The MY at freight to Great Britain la mei the mane now as last mknell6 not taw •tinentions have bad effect in the interim holm hum Ow at U. 12s. 6d. at Si. 13s. for Liverpool, and 31. i3s. 41. ler lasseroa sal valor Si. 15s. tonnage is not to be bad for either pert lair. Clinoi vessel has been enaked at Be. 144 per ,11 7. = b at e l"a" pper wen Fsca at one time to be led M Is. told., seams& It to le. 1014., and has new receded to Is. 104. to Is. 1046 ek months', and is. 944. three month,' sight; while[ Bering.' and ciao approved mercantile paper has been se*, at from Is. 1044. to Is. !Md. per rupee for six months' sight. Os China the rate is re 110 per 190 kit, 60 days', and on Calcuthi rs 90 1 So dam' *ht. Paicco or Buuton.—Bovereigng, each 1 Ire. : 3 annas. Dragons each, 1 Ire.: 3 =WI. Bank of England Notes, per £, lln : 4 nen Spanish dollars, per 100, 222r5. German Crowns, per 100, 216 n. Sycee silver,per 100 toles,lo34m Gold leaf,pei tole (range of quality), IQ at 174 r.. Catcurra, Dee. 21.—The arrival lithe Haddington with the mall of the 24th October, was annotated as the evening of ;Ile aidents alpha pond of the most diamereas nature. 'De dilnet itreit. preefooly prevailing sap all dame f ger ger fatty ass greatly tooresese, me a prod = i lf asagaseseey enneeded the slight epee* te a grain previsoly astlasolate. Two atoreessereedgeons weiegeognelle "27:1=tea ef oid EMI& UMW • ‘ ....5. al bolo= tea dem lege bb bellow end nee gun= agninies. le Yea to ' repot that, nth the am aggro. at Ole two h=se le Meer seeparewe isles Irbil De days has eseeleell man ow maramtlia oessmeolge. it the sem time thwe se delmet of reetsvat,cr removal 0(0 eerie, even in the met lenses ewe. Moan b tight, bat not scarce. In ere p resent picnic! a. ere-6 a with &contents, la. 100 to . la. as s. ; 6 credit'. la. 1.0/d. to le. Ild.; in. s. private la. 11.1. le l i rtlft I lanseas—The bees mem well ere have smell oar mere en- I fan** eeeplen The llllSSrebls reedit it eke Loin Ostober wire, ied the arligise posteee doer esosrel WO." _prsemed a rand bulks la Oa menet floe appeaser losilegOoe, either amen blind et Penn horn to samernme the winnow of the Imes, sed sigma the eery treweselews in he Ands- A smell eke was Ind es Or letiangent, whin pond eff with mash name Ant SS is. WOW those of ingt sesecs. ember sellers, the meg* is sow fully 1 r. ger War erg the aorta In the lower gambling the rake d. In vane Is mei OW peak park:Marty for the barks Byname and Deem seer" at which a large sick exists. kr Wears gager of all sorts with 11rhoot kinds, then is a otentete eti=et esmaad. tree la to 16th December, 1647 : —Great Britain 62,730 soda Raw Brig.—The silk market continues compietely inactive. Sus Piece Goons. Coral. are now offered at reduced pekes. Middling to gond native Coseimbuar may be had at 100 to 110 Co.'s es. Sare per M eri TG s . —The market for saltpetre Is again lower, by 6 to minas per md., and at this reduction a moderate bankers is in pro ms, chiefly for America. The reduced freights have brought a few buyyecrs into the market also for England. Rice.—The new rice has come down in price, and is now obtainable in quantity. Good cleaned table is procurable at Co.'s rs. I-8 to 1-12 per cud. Buyers for England are few, said no great amount of business hm been done. Prime may be quoted—Table, new, cleaned Co.'s Rt. 1 4 to 1 14 per b. md. • Moonhy, cleaned Co.'s Be. I 1 to 1 3 per b. End.; Baleen, ditto da.'s re. 1 0 to 2 2 per b. met. Lac Dix remains in very moderate request. Cleish.—The market its remained drooping throughout, and Patna has been quoted as tow as 975 Co. a en. per cheat. The stock is now reamed to an imaged/sat amount, and there is no buidnem doing I. the drug. Quotations yesterday were—Patna, Co.'s re. 930 to 985; Bence, Qx's rs. 955 to 960 per chest. Fatueurs.—Tbe market for tonnage was unsettled; after the ar rival of the steamer, and from the scarcity of produce offering, and ermine of shippers, the rates of homeward freightage have gradu ally retrained to oar prevent quotations. Isomers. Cerro:. Goons.—The market has relapsed Into settled dames, and nothing elm can be expected until the usual operettas of trade with the interior are resumed. Grey shirting are still saleable. In some *tames, however, they are offered here eta reduction upon previous rates in exchange for can, sad the market le consequently somewhat unsettled. In white shay:lap • few sales have also been made, without much change in value. White joaceetn are dull, and the transaction.. unimportant. I. pep jetasets also sales are quite ineignillent, and Ibutspollams are is in inquiry. Grey twills are still wanted. fabrics are in a worse vtam ol than before, or compared with the Manchester cloths, stock of the fo rmer as being mach more in excess ot the nuts of the market. Rem Twter.—The sales have been mall, and latterly the market hashed a decided downward tendency from the Mayoartiao minoselby some holders to mess nee the decline is fully I pie to 14 pie per morah in Noa 30 to 60. We quote No. 20 areas 66 to 66 per marsh; 20, 46 to 30. 40, 3 100°4 14; 30,37 to 3 s; 60, 3 66,37 ; 70, 3 I to 34; 80, 3110 33; 90, 31 to 33; 100 ; 32 to 34. Traits Rau Twor.—The peon of red yarn are also somewhat lower. Wootams.—The saes of yea* goods are to • fair extent Corms—The market for copper has been dull. Transaction are unimportant. Sextwas—The value cre Speller has fluctuated considerably. It bas been quoted as high as 13 rs.; but a decibel= time taken plan, and present quotations are Ct. re- 12-4 to 122-6 per factory niezn& him—This metal has aka undergone some dec hom the I pressure of the times. Bait .—The Shcarip en Teemed mama= in alt :—Peeeilt THE OVERLAND MAIL. (From the Herold.) An extraordinary express has brought us letters and papers from India, in advance of the Overland Mail, with dates from Bombay of Jan. 1; Calcutta, Dec. 21 ; and Delhi, Dec. 20. Nothing later from China. Of course, our first attention is directed to the state of commercial affairs at Calcutta; and here we are glad to find that the worst is believed to have passed. Rumours, it is true, were rife as to the suspension of three or four additional firms ; but only two were known to have succumbed to the pressure of the times, viz., Messrs. Colville, Gilmore, and Co. ; and B. T. Ford and Co. Disastrous and wide-spread as have been the effects in Calcutta, arising out of the late failures in England, they are not so exten sive as was at first contemplated would be the case. Trade of necessity ia paralysed, and matters look gloomily enough. In Bombay, too, we are gratified to learn, that no further failures have taken place; and though trade is dull there is an improvement in the markets; which may be considered remarkable facts at a time like this. Of political news we have nothing of particular importance. Lord Hardinge reached Calcutta on the 12th of December, where he would remain until the arrival of Lord Dalhousie, which was shortly expected. The Governor-General, on his arrival at Calcutta, met a most cordial welcome. A deputation of the in habitants waited on him on his arrival to present him with an address. It contained a hearty wel come and warm eulogy on his conduct during his absence. The reply of his lordship is a model in its way short and to the point, and full of sound sense and right feeling. He states that our armies are now sufficient in strength to protect 12,000 miles of frontier, from the Himalayas to Cape Comorin ; that all the enemies on our borders have been subdued, and that the career of peace improvement now fairly commenced, he hopes to see persevered in—internal intercourse promoted —arts, industry, and education protected and fostered. The Government of India have rewired to allow 10,0001. a year for some years to come, to be bestowed on experiments on the cultivation of tea on the banks of the Bees, in oar newly-acquired Sikh dominions, and in Simla districts. Sir J. Davis has been directed to procure a supply of seed, and to send from the first tea gardens in China some of the best cultivators that can be found. At present the people in the north-west provinces, to whom tea is the greatest of luxuries, are supplied with it from across the frontier; it is enormously dear and bad in quality, and gets deteriorated on the way. Major Napier has taken up his appointment, and commenced operations as superintendent of roads and canals in the Fuojaub, on which 30,0001. ~~ eat, 10,010 lids. 37 01. 6 e ; stored Liverpool. 111.010nds. s Op.'s Se.; eminew. 4000 oda $0 We ; Belsky, NOS eds., 48 oleo Da per 100 mai. Mem lleazor.—Lunt or iIIIPMAL-011111011Mi porerseot empleme (1 owitho). per NEL; so pled* MY rd rtes (AM), 10 per eat Mime ea omit easpars 1 t,ll prr oemt. ; ale wile& sea en=per st Tosses Om's le. 100 pre si. wt. 104 te Ili III; Zs a Al o p i per 12 to 17 II; rid duet. per ea wt. 114 to II 14; e=slBll. NPI te SS 10; Wilms am. paella, 319 Ole II; mak 188 le 11 1; Mane geld tesiore, esak Sbe le 44; oil mien. WI to 11 I. BIS HOPRIC Of-HEREFORD DR. HAMPDEN'S CleE. COURT OF QUERN'S BERM—Tans DAL, Mors Lord Demean, Mr. Justice Pattecon, Mr. Judea Coleridge, and Mr. Justice Erb. Tint QUanal a. TIM ARCUntskioP or CaNTSRIWILT.— JODOSIMIT.—The announcement previously made that the court would to-day give Judgment in the ease of Dr. Hemp den,the bishop elect of the see of Hereford, all the avenues to the court were crowded at an early hoar by a dense Maas of persona anxious to get admission. At tan o'clock, the court was thrown open, and in a few seconds it was crowded in every part. The galleries, u during the arguments, were occupied by a number of ladies, and Lord Campbell and the Bishop of Llandeff occupied seats upon the bench. Shortly after ten o'clock, the judges entered the court. Mr. Justice Erie proceeded to read his judgment. The learned Judge said: In the cue of the Queen against the Archbishop of Canterbury, a rule for • mandamus, calling upon the archbishop to examine into the fitness of Dr. Hemp den to fill the see of Hereford, who had been objected to at the time of confirmation, on the grounds of the unsoundness of some theological opinions, has been before the court. In support of the application it has been contended that the archbishop, at the time of confirming the election of Dr. Hampden by the dean and chapter, was bound by the provisions of the statute 25 Henry VIII. to try judicially the validity of that election, sod that the persons present at the time of such asaillradag had a right to state to him their objections to the prom elected end to demand the welt bishop'sjudgment ea such objections, and that this might be enforced by amadamme v use of a refusal se to hear 'Ed decide. Oa the ether side it has beep esatassied that *a mord& lan 41•11 M alt*Mistion. l . o . l t esse, " lllll " the Z a ny :a the sedl. w il es qu tuns epos OSSllindimi sad interpmtatieato be put upon that statute. The preamble of the 3rd maks provides that the made of peemediss plainly expressed ia the statute 23 Henry VIII. shall be Melia ; and, for remedy in default, the 4th section enacts that the dean and chapter shall elect the person named in the king's letter missive within 12 days after the receipt of such letter missive, and in case of their default so to elect, the king may nominate and present to the archbishop such person as be shall think fit, able, and convenient to fill the vacant sus; and the sth section provides that, In case of such nomination by the king, the archbishop shall invest and consecrate the person nominoted and presented by the king. The 2nd section enacts that, in cue the dean and chapter shall elect the per son named in the letter missive, their election shall be good, valid, and effectual to all intents and purposes. It is further provided that the person so elected shall be taken te be and aimed the lord bishop elect, and, before confirmation, shall take the oath of fealty to the king, as provided by the act ; and that then the kiug shell signify the said election to the archbishop, and command him to confirm the said election, and to invest and consecrate the person so elected. And thea the 7th section provides that, if any archbishop, after any such election or nomination, shall refuse to confirm, and does not confirm, invest, and consecrate the person so nomi nated or elected within 20 days after the election has been signified to him, in the manner prescribed, or if any person shall admit any process which shall be contrary to the due execution of the act, every such person shall incur the penalties of a protium nire. On a review of these enactments, it appears to me that the power of nominating to a vacant see is given to the king, and that the archbishop has no power or autho rity to judge whether the king has properly exercised that right. In the case of an election by the dean and chapter, the king is to command the archbishop to confirm the elec tion, and this brings WI to the point in contention here— namely, whether this is to operate as a command, or whether it is to try the validity of the election and the fitness of the person elected. According to the general rule, the words of the statute must be construed in their ordinary mese, a as to give effect to all its pars. In an ordinary sew the command to confirm does not involve any such in quiry by the archbishop as has been contended for on the put of the applicants in the case now before the court ; and in other parts of the statute it is distinctly provided that the election by the dean and chapter, or the nomination by the king, skall be good, valid, and effectual to all intents and s ; and then the clause relating to confirmation M i Tr i s e , and this confirmation is consistent with the previous provision, and it would he a contradiction to say that the election or nomination, which was said to be good, valid, and effectual, to all intents and purposes, should be voidable and inconclusive at the will of the archbishop. Again, the enactment that the person elected or nominated by the King shall be taken and named the lord elect is inconsistent with the power alleged by the applicants to exist in the archbishop [to judge of the validity of the election, and of the qualifies- Hens of the person elected or nominated to fill the office ; so air ON enactment that the archbishop shall confirm, invest, awl scasecrate, within twenty days, is inconsistent with the duty of the archbishop to receive objections, and to ide whether be shall confirm or refuse. The statute, therefore, if construed by ordinary rules; does not operate to impose on the archbishop that duty, or to give to the appli cants the right which has been alleged. But it is contended that at the confirming of a bishop, there is, under the canon law, to be an inquiry into the validity of the elec tion and the qualification of the person elected, and that this power conferred upon the metropolitan has been exercised in every part of the Christian world, and prevailed down te the time of Henry VIII., and therefore that the legislature which had passed the important statute on which the cue rested intended it should be taketanot io an ordinary but a technical sense. In support of this view many passages from tke canon law and from learned historians have been in troduced in the course of the able arguments which have been addressed to the court ; and the proclamation citing all opposers to appear has been much relied upon, as showout that the archbishop has the power to inquire sad that the people had the power to object. But the grounds on which that proposition has been maintained are in my judgment untenable. The preamble of the last statute brings before us the act 23, Henry VIII., from which it has been gathered that the nomination and presentation by the King to the Pope was then the mode to make a bishop, but in case of delay by the Pope the King had power to nominate and pre sent to the archbishop, and this latter course was described to have been, " that deans, archbishops, and bishops, had been by sundry of the King's progenitors so made, consecrated, and invested within this realm. In fact this making, conse crating, and investing is mentioned in the preamble ; but confirming is neither mentioned in the preamble nor in the body of the statute itself. Now a reference to history shows me that, from the charter of John down to the reign of Edward 111., • bishop elected by a dean and chapter was confirmed by the archbishop; and from the time of Edward 111. to the passing of the statute, the Pope superseded the archbishop, except when at times the Papal see was power less, The statute conferred upon the King all the powers previously enjoyed by the Pope; and what ground then is there for contending that the King has not the authority to nominate bishops without the interference of the metro politan ? And what foundation is there for supposing that the legislature contemplated the continuance of the canoe law relating . to election and confirmation ? The doctrine of that law originated in the early ages of Christianity when all the people joined in the election of bishops; but the foreign canon law has not a binding effect in this country; and the object of the statute which psesedes the statute in question was to limit the egeretion of the English canon law, because it recites that may clauses of the canon law are repugnant to the statute law of the realm, and it provides that until a complete reel lion shall be made of the canon law such parts of it only shall be used and exercised as are not contrary to the laws, sta. tut's, end customs of the realm, nor to the damage or hurt of the king's prerogative. The proclamation for opposers made at the time of confirming has been pressed on the at tention of the court as showing that it *Asia accordance with the law as contended for on the part of the applicants. The form of the proclamation affords, however, no presumption that a right to oppose exists on the contrary, other parts of the statute show, that the proclamation is a mere form as the election by the dean and chapter is a mere form. The statute declares the election to be good, valid, and effectual to all intents and purposesand leaves nothing but mere form to be followed. Th o ugh there has been extreme industryindustry an d research, both l egal and historical in this case, no instance has been doom' in w hich opposers have exercised the right now claimed. All that had been shown is that there had been such an attempt made against the con firmation of Bishop Moatagu in the time of Charles 1., which was avoided, without • decision; and a similar at tempt was shown in two other reported cases, but then it had never reached action. The quotation made from Black stone, however, shows that the right to question the election of a bishop had not been brought under his notice, and the absence of any authority in either of the ten-writers is of positive forse against the claim now made by the present applicants. It has been pressed upon the court that the right served to support and strengthen the church esta blishment ; but if it was of advantage in this respect, there are evils on the other side which more than counterbalance that advantage. Another point we, made for the applicants in answer to the construction put upon the statute on the part of the archbishop, namely, that the sole purposes of the legislature was to put an end to the interference of the see of Rome, and that the statute so construed limited its operation to that result ; but the intention of the legislature was clearly to prohibit the inter ference of the Pope, and to provide and lay down the manner and form of electing, presenting, and consecrating bishops so revered from the see of Rome, and full effect must be given to the positive enactments of the statute. Those enactments not merely destroy Papal influ ence, but declare the right of the king, and fix limits against any encroachment of those rights. After goring my best attention to the arguments on both sides, my mind has come to the conclusion that the supposed right of the appli cants does not exist, and, therefore, that the rule for a man damus ought to be discharged. Mr. Justice Coleridge next read his judgment. The learned judge said I am bound to deliver my opinion on this rule, which has been argued with such remarkable learning and ability, and I cannot but express my regret that I am called upon to do so after so short an interval since the discussion— an interval so much engaged with other duties as to preclude that attentive examication into the authorities cited, which the importance of the cue requires. I regret this the more deeply, because I feel myself compelled to differ from my Lord the Chief Justice, and alto from my brother Erle,—not merely upon the whole conclusions to be drawa from the argu ments adduced, but in respect to the practical disposal of the ~~~c~ - a ` -- ` v rale now before an On the fumeridlediesprew myna/fel* difildesse eyes if I had the baptism to have them sencar ring with me, because the quietism bee bees argued upon grounds so large, on ingairies 10 wriest and wide, spreading into breathe, of the law so little familiar to on, that ft is et curable if I express myself with no stem( eeitEldefitee upon the question. With respect to the mere disposal ef the pith tent rate, I avow it would be a cousolatios to me if melt a some shoots' be takes es would more say error into whisk I may U. I ma set amenable to thereat public inconveMence which would re. suit from a needless agitation of this important question, though I own that inconvertiMice hes bean somewhat *sag greeted r but still it would be a year* eatheaseol7 settlaseest of this, garden if it was submitted to the final judgment at the court of the highest resort. I cannot doubt bat that those from whets I have the miskirtisite to differ, eutertaia Nether as strong as I do ott that point, VA the course of my judgment will be to show the extent to which I differ from them. On both sides it has been argued that the interests of the charchare at stake, and no doubt to some extent they are so. For my own part I am desirous entirely to forget these considera tions and to regard more coldly the question aow before us. I desire to rent my judgment on the narrow ground of con sidering whether the applicants have laid such grenade as entitle them to a writ of mandamus and to call upon the defendant to demur or make a return. The first question which arises is, whether this is a question of a kind in which a mandamus will lie and have the moth cants tech an interest as catalog them to demand it at our hands. Ido not think that there is much difficulty . in de cidiog upon these questions. This is the case of an interior court, in which persons who had a sufficient interest prayed to be heard, and they were refused. If this general state ment is tree, and the result of that depends on the result • the whole argument, there is no doubt that it is within the province of this court to compel the isferior court to bear the allegations by allowing the mandamus to issue. It it no answer to my that the inferior court is an eoclesiesitioal court, and that the matter in discussion is one of eeciesiesticia con cernment. Ecclesiastical courts, as such, are not withdrawa from the general superintendence end control which this court' exercises, by mandamus or prohibition, over inferior courts. It is true, that they could out proscribe to 'melon astical marts, the course of the proceedings, but still we can compel the ecclesiastical judges to do their duty just as we constantly restrain them when they go lammed their jurisdic tion. This stands upon the clearest evidence and I would not dwell at so mesh length , upon it but for the reference whisk has been made duets argument to a oast wheat has been completely mimun , the case of the King v. the Clairchwarderui of St. Peter's, Thetford : Nor dues say difficulty arise from the fact, that the Roolosiastical Court heard one side, and proceeded to judgment. In the ease of the King e. the Justices of Cornareon, reported in 4 Rumen and Adolphus, Men Justice Holroyd expressly decided that question, but I confess that without that high authority I should have felt no difficulty. In the issuing of • mandamus, the court should be guided by principle, rather than precedent, and we are to regard the substance and not the form, if this valuable writ is to be of any avail. And the hearing which it hes been said took place in this case is no heeling, and the decision no decision. It has been tad that there is a want of that interest in the pretest spplicants, which would entitle them toconse to this court for a mandamus. On many grounds it seem& to me that they have a sufficient interest. If the whole proceeding in which the inferior court was engaged, were • mere sha dow and form, and that the citation to appear were a mere shadow ; then, indeed, there could be no Interest, and therefore the applicants would have no standing here, and it would be a mere waste of time to listen to them. But, on the other hand, supposing that the mixeedings of the inferior court were something more than a mere shadow —and I will come to that larger question presently—the very citation itself seems to give them an interest. But two of the applicants being incumbents, it cannot be said that they have not an interest is the faithful doctrine of their future bishop. We have determined that the fact of a person being subject to the jurisdiction of a borough magis trate, is sufficient to entitle Wm to be a relator en a quo warnuito, and the analogy between that case and the present seems to me to be perfectly just. It is not worth while to notice the objection founded on the Church Diecipline Act, nor do I think it can have been seriously urged. I there- fore pass on to the main question, the constructing of the act of Henry VIII., and in applying my self to that question, I need not say that our object mutt be, not to ascertain what it might be supposed Henry VIII. wished in passing that act, but what the tem,- Islam has written, though I have no reason to believe that .if the intention of Henry VIII. was of importunes, it would be unfavourable to mymew. But it is not " quod voluit rex." but" quod decrevit parliamentum," that we must inquire into. The sth section rays, that after the election of the said bishop by the dean and chapter, the king shall signify the election to the archbishop, and " require and command him to confirm said election." The question is, what is the ire" port of this command / On the one Ede it is said that th word, created a new duty in the archbishop, and invested him with new functions; but that this duty and these fun*: time were ministerial, and that the proceedings were a mere valueless form. On the other hand it is contended that the act of confirmation is a solemn, important, judicial act, and that from the earliest ages of Christianity it was part of the archbishop's duty to perform it, and the command to psalms it meant that it was to be performer:lin the trawl an d proper manlier. It was obvious that those who, took this latter ground look upon themselves a large burden of air manes proof. They undertook to show what celf firmation meant up to and at iho dime at she. pesie , ne • ing of the statute. The case, as it bee been argued, pre sents four heads of inquiry. The first, third, and fourth must be considered as inquiries into matters of fact; the eecood, one of construction. The advocates for the appli cants have upon ail these points railed au strong& case u to leave in my mind no doubt that they have come to the right conclusion , and that no such difficulties have been raised ea the other side as dieentitle them to what they ask for. In granting a mandamus the nowt does not require either cer tainty in the facts or a clue and unanimous opinion with respect to the law, before they issue it. It is sufficient if the facts are probsble,and that eufficientia shown to require an answer. It was not to be expected that in the present case, which was carried back to remote and frequently troubled times, a per fect and uninterrupted chain of legal and historical evidenee could be made out. There were contests with the pope, conflicting claims with foreigners ; there was an ebb and flow of powers; at one time the king gained a little, et another time he lost. In such a state of things, a perfect chain of evidence could not be established. In eases of title, if such evidence was required, what ought to give strength to a man's cause would frequently proves cause of weakness. He looked upon the coot in the present instance rather in the light of a grand jury thanofa petty jury. If they refused the rule in the present instance because the subject was ens which ought not to be inquired into, and because ' the evidence was worthless they shut the door to • future deliberation. Bet ;if they raid that the mandamus should issue they would beastly requiring further 1 inquiry, and give time for • more solemn decision. If that were so, they ought to examine the evidence with candid minds, and make allowance for the unavoidable difficulties which belonged to remote times, and while treating of laws and a legal literature, with which they were not familiar. He therefore thought he was acting on a safe rule and en a cease entices rule in so deciding upon this ques tion, that any error which might be committed might be less likely to lead to final injustice. Having made these general observations, lie would now pro ceed to the main question. The case on the part of the ap plicants commenced with evidence dating from the apostolic period of the church. He would not go so far back, but would start from the general councils, the authority of whisk before the Reformation would not be questioned, even In matters of doctrine. Their authority was recognised by the legislature even after the Reformation,in a statute of Blimbetb. At the time when Christianity was united in one body the church was col sidered to represent the whole inhibited earth, and her councils were therefore called oecumenical. It woe well known there existed in the early periods of the church four great heresies which occasioned the calling of four general councils. The learned Judge here quoted from the councils of Nice and Chaicedon for the purpose of showing that in those times the confirmation of • bishop was • judicial set, that it was penes metropolitan. It should. be borne in mind too that both these councils were called by imperial authority. At this early period therefore the metropolitan did intervene, and that his confirmation was necessary to com plete the election of a bishop. Could anything be more reasonable than that the archbishop should have this power, when the bishop who was elected was to rule within his pro vince. He was obliged to pans over a large body of evidence of this kind from general councils and from national councils. But as he understood it was not so much contended that under these laws the point could not be made out, en that there were no grounds for admitting that these laws settled the question with regard to England. But when they spoke ,of England before the reformation he could harldy under stand that &enaction. The general catholic church, of which England formed part, was governed by the general canon law of the church and there were also national councils which had laws of their own, and which were applicable to special and local circumstances. Linwood and John the Deacon, thawed that that they were intended merely to supply the deficiency of the general canoe law. He was of opinion that by the canon law the metropolitan acted judicially at the confirmation; that the " processes electionia " and pentane electi " were subjects to be considered; and that the morals, learning, and legitimacy of the person to be elected might be subjects of inquiry. He did not remember a single case in which the inquiry as to the " persona demi " was limited to hie identity. When the Pope nominated to the bishopric, con firmation was needing ; and there were some other cams in which confirmation by; the archbishop did not seem to be necessary ; but still after every deduction of the kind there was a large body of proof to show that the ordinary jurisdic tion of confirmation was in the metropolitan. The learned judge here quoted passage from Wiltons " Anglia Sacra." 1 - He conceived that the statute of Hoary VIII. had two pee -1 miliag objects the first, to put upon a true foundation the royal power to the nomination of bishops ; and the second, effectually to prevent all interference from Rome, as well as to secure the prompt obedience of the canons. Election was therefore preserved, but there was a change made by the in troduction of the letter missive. There was nothing, how ever left to cavil at, nothing new was required to be added to the old form ; confirmation was still as n OA ever, and no spiritual power wu given to the K e i c rg a aich at all derogated from the metropolitan jurisdiction—that having been rather increased than diminished by being relieved from papal review. If these were all the provisions of the statute, there would be no difficulty ; but something still remained. Two parties were concerned in making • Nan* —the electors and those who confirmed him. The power and responsibility of the metropolitan remained untouched, and no provision was mane (a most remarkable circumstance) for procuring confirmation by any other means, if the metro politan refused. The 2nd section of 23 Henry VIII. pro vided for commotion without regard to Pard_bals the whole spirit and language of the set being 011LIM to the Pope ; who, instead of being termed, as in the ritual of ether sets, " his Holiness the Pope,': was now called " Bishop of Home, and the " see of Horne described " the " emit a