The Express. — London, England, 1851-06-27 00:00:00

sec the brave and intelligent inhabitants of the Duchies assured in the enjoyment of that ancient f r eedom they so dearly chensh, and the remem brance of which neither fraud nor force will succeed for any length of time in compelling them to forego. THE approval with which the plan for increasing the judicial power of the Court of Chancery was received on its announcement in the House of Com mons, seems to have been ratified by the public, now the bill has been printed. This forms a striking contrast to the universal derision with which the first proposal of the government for the same pur pose was received. And herein the Premier might, if he would, read a moral which has a far more ex tensive application than to amendments in a court of justice. It cannot be doubted that the first scheme, by which the Master of the Rolls and a common law judge were, with or without the Chancellor, to con stitute the Appeal Court in Chancery, was dictated by an over-scrupulous, not to say affected, deference to the sentiments of economy in public expenditure, which prevail by fits and starts in the House of Commons—for the plan was utterly unworkable and would have impeded not advanced the despatch of business. More power for the disposal of the in creased business which had grown out of the events of modern times, was one of the essential necessities of any amendment of equity judicature, and more power could not be had without inure cost. And we see that when a really effective plan is proposed, the meet rigid economists show no disposition to grudge a reasonable increase of expense. Of the measure itself we have little to say in addition to the outline we gave of the scheme when first proposed. The crown is to have power to appoint two judges who are to form the Court of Appeal in Chancery, and will take precedence next after the Lord Chief Baron of the Court of Exchequer. The jurisdiction, appellate and other, of the Court of Chancery now exercised by the Lord Chancellor is to he exercised by the new court. The statutory jurisdiction of the Chancellor mar also be exercised by the appeal court and the authority of the Vice- Cliancellor sitting in bankruptcy is transferred to such court. The full court will consist of the Chan cellor and the two judges of the appeal court; and in case the two appeal judges sitting alone shall be equally divided in opinion, the decree appealed from is to be taken as affirmed, unless the Lord Chancellor shall direct the cause to be heard bet Ore the full court. And this point is the weak est part of the new plan, lending force to the sug gestion which has been made that there ought to have been three instead of two judges of the appeal court, so that its decisions might in all cases be decisive. It is certain that there are few eases of import ance, either from the difficulty of the questions or the amount of the stake at issue in the cause, in which an appellant party will be satisfied with the sort of negative affirmance of the decree from which he appealed. whirls will arise out of an equal divi sion of opinion in the appeal court ; and the result will be an effort to have the appeal re-heard in full court. This will involve, we apprehend, a special application to the Lord Chancellor for such a re hearing, on probably 'special grounds. and then a re in aring of the appeal with its attendant increase of expense and delay. To avoid this, wo incline to the opinion that it would be bolder and better po licy at once to incur the additional cost of appointing a third judge. At all events, should the bill pass in its present form, a great resp onsibility will be thrown upon the government in ti lling up the appointments of judges us the appeal court. It will be essential that both judrs should be not only men of learning, energy, and good . intension, but they must be men of temper, with calm, patient. and judicial minds; men who are capable of hearing a ease argued and have patience sufficient to permit each party's counsel to present his client's case without interruption. One of the rumoured appointments to the new court all will admit to fulfil these conditions. and it is abso lutely necessary to the success of the new judica ture that such a judge be not matched with a yoke fellow of opposite tendencies. The decisions of the appeal court are to be subject to appeal to the House of Lords. The Lord Chancellor may pit alone in Chan cery, while the judges of the appeal court are also sitting, and will have a co-ordinate jurisdic tion with the appeal court. This will undoubtedly give great facilities should there be at any time an extraordinary press of businetoi in Chancery; but we apprehend that for the most part the Lord Chancellor will confine himself to the hearing of important ceases as a member of the appeal court, and to appeals in the House of Lords. The ministerial duties of the Lord Chaneelloe are not to be affected by the act, and as holder of the Great Seal he will still retain all his present jurisdiction in lunacy, and in relation to letters patent, and as visitor of charities, and of making general orders for regulating the practice of the Court of Chancery or the duties of its officers. The powers given to the judges of the appeal court to sit for the Master of the Rolls, or any of the Vice- Chancellors, during temponwy illness, to sit on the Judicial Committee of the Privy Council, and to at tend to give advice and assistance in the House of Lords, as well as the intended regulations of salaries, have been before fully stated. This measure seems to render the judicial power of the Court of Chancery strong enough to cope with the vast mass of important and intricate business which comes within its portals; but there is much more of amendment required to render the court what it ought to be, and rs capable of being, a com plete tribunal for the administration of justice in questions relating to property. Some further mea sures for this purpose are promised, and we shall await their proposal before offering any opinion on the anticipatory rumours of their purport which cir culate in legal circles. But we cannot abstain from referring to some notions, which have been put forth in publications usually grave and serious, on the subject of Chancery reform, and which betray an almost ludicrous absence of knowledge on the part of the writers. Thus, in the Evismnist of last week, what are called Chancery "anomalies arid barbarities" are dealt with in a style of trenchant declaration totally inapplicable to the subject, and are illustrated by statements and cases which have little or no foundation in fact. And it is because we really desire a thorough and complete reformation of the Court of Chancery that we notice erroneous and jejune exaggerations on the subject. For instance, the writer says the Court of Chancery " may order him [the reader] to do what is physically impossible —to produce deeds which he never saw, to pay into its hands money which he has not got, to answer pleas which concern him not, to fee officers and solicitors whom it would drain his purse ten times over to satisfy ; and then commit to hopeless impri sonment for ; contempt,' for not doing what it is utterly out of his power to do." Now, all this is sheer fiction or misapprehension, and the cases cited to support it prove the writer's total want of ac- quaintance with the topic he handles so jauntily. Thus he states a case in which a residue was divided between residuary legatees, who invested the money in Spanish bonds, and of course lost it. Afterwards a suit was instituted in the Ecclesiastical Court to recall the probate of the will, and pending that suit, which, had it proved sucesseiful, would have defeated the right of the residuary legatees to the money they had received, they were called upon to pay the money into the Court of Chancery, to abide the result of the litigation in the! Ecclesiastical Court. This seems only a reasonable; measure for preserving the .liind in dispute until de (islet'. Of course persons whose prudential notions led them to invest in Spanish bonds were unable to °lay the order to refund the mouey, their right to , which was in question, and one was committed fer nun-payment, while the other went to Boulogne. I he ordinary resource of persons who are called on to pay money not their own which they have fooled' away— the Insolvent Debtors Court—was open to' the relief of these persons, and if one preferred long impri so nm en t and the other ' absence from the coun try. it was their own choice, and they had pro blibly reasons of their own for so doing. l It is quite untrue that persons arc . required by the Court of Chancery to do what is impossible, save, perhaps, in the matter of payment of money due hum them, wherein it acts as other courts act, send' insolvent debtors to gaol to obtain liberation if can, by a full surrender of their property for distri bution amongst their creditors. We have seen some thing of cases in which Chancery suitors have un-1 derv= long imprisonment', and we hesitate not to say that, for the lut fifteen years, at all events, such imprisonment was the result of their own obstinacy and choice. In the instance of producing deeds, no such order will ever be made if the person against whom it is sought can show that ho has no means of procuring the production of the deeds sought for. But usually where such an order is made, the alleged inability to produce these docu ' ments is a shuffle, an attempt to baffle the court and defeat an opponent. Something of this sort oc curred in the well-known case of " Bute v. Stewart," wherein a partner in a mining concern was ordered, at the suit of another partner who had been excluded from the concern, to make certain discoveries of the mining accounts and documents, when he declined to do so, stating that the clerk of the concern, acting under the direction of other partners, refused to let him, the person called for discovery, have access to his own books. The court, however, said "that will not do, the clerk is your and your partner's servant, you are entitled to see the books as well as bound to give the required information to your opponent, and you must take all or any means necessary to compel your servants and your partners to enable you to do that which by law you are compellable to perform." In that ease the person who tried the dodge was one of station and rank, and the result of the order made, was that the information was afforded ; but an ignorant or more obstinate man might have resisted, and gone to the Queen's Prison, uttering piteous lamentations against the " barbarities" of the Court of Chancery, while all his inconveniencies arose front his own dishonesty. One of the most persevering litigants in the court, and who was for many years a chancery prisoner for costs, is a man who tiled a bill to enforce the spe cific performance of an agreement of his unfurnished lodgings for one year. Of course the term expired before the cause was heard. From such sources ns these arc derived much of the objections against the Court of Chancery which only obscure its true evils and obstruct their rational consideration and amend ment. FRANCE. PARIS, THURSDAY EYES ixo. The Daats gives the majority in the Committee of Revision in favour of M. de Broglie's motion as 9 against 6. The nine who adopted the motion were lk Broglie, Nlontalembert, Moulin, Dufour, De Tocqueville, llerryer, Dc Corceiles, De Melun, and Odilon Barret. An amendment of M. Chara maule, proposing the addition of the words, " for the amelioration and consolidation of the republic," was rejected by 12 votes nut of the 15. Jules Favre and Chammaule wire the only voters in favour of the amendment; General Cavaignac abstained. So irreproachable seems the choice of de Tt9llC vale for reporter on the revision of the constitution, that I,amartinc, parodying the famous deist, says: " Had no such reporter existed, he must been in vented." A more decided man would have been less conciliatory. If the Left of the Assembly is to be won over to the measure, no more auspicious per sunder could be missioned to temper and soften the rugged inflexibility of the afros animus of the Uutus of tae Mountain. Much of the scruple shown by de Tocqueville in the committee will no doubt disappear from his report. While deprecating the danger, be is prepared to take the plunge. He speaks like a pilot steering painfully his course through a perilous unexplored strait. Such leaders attract more con fidence than men full of the temerity of self wisdom, and blind to the fur-otf fate, " that, hushed in grim repose, expects his evening prey." The four de:uocratie members gave him their v‘des, which is one of the best auguries which has yet appeared for the success of the great measure. Oa the other hand, there is much about the antecedents of de Toequeville calculated to give him an equal ascendancy with the royalists. Ile is sprung from un aristocratic family, which shrank not from the grasp of the people, but, like all the constitutional monarchists of 'M9, learned to be proud of its frank litermixture with plebeians. Ile was educated amid the talk of great reforms, and was the too of despotism even under Napoleon. The resto ration he supported so long as it marched with the age, and forbore to raze acquired liberties. During the government of Louis Philippe, which accorded neither with hi, principles nor feelings, he studied the institutions of the United States. Favouring re forms, but feariw- revolution, hampered with no en gagement tuwaris the past, not averse to republican institutions, he became an eloquent representa tive in the Constituent Assembly, and the colleague of Odilon Barrot in the ministry of Louis-Napoleon, appointed member of the committee for procuring the revision of the constitution, which he Lund a principal share in preparing; his chief ob ject seems to have been to reconcile the republicans to the necessary reform, by stipulating fur guaran tees against the designs of the dynastic parties. Finally, it is the general opinion that a man more fitted, * by character, conscientiousness, and authority, fur the position of arbiter on this critical occasion could nut have been chosen, M. de Tocqueville having distinctly blamed the activity of the govern ment i n promoting the petitionist movement, his nomination as reporter is naturally hailed Os a triumph by the opposition. The only notable fact connected with the review of the 3rd - division of the garrison in the Champ de Mars to-day was the circuitous route which the Pre sident took on his return, apparently with the design of baffling the preconeerted plans of the republicans to assail his ears with cheers to the unloved republic. Instead of crossing as usual the Pont do Jena, and proceeding by the Quaißilly,herode with his staff out at the side-gate of the Champ de Mars, and proceeded along the same side of the river to the l'ont de la Concorde. Whether this was a dodge to throw out the democratic haulers in ambush at the Pont de Jena and along the Quai Billy, or merely a prefer ence of the shady side on a broiling day, may be left to conjecture. The review at Satory comes off the day idler to-morrow. M. Leon Faucher gave yesterday a grand dinner, at which the President appeared. Among the other guests were the three ministers M. Daroche. M, ltouhcr, and General Bandon, M. lupin, Lord Nor manby, the l'ope's Nuncio, and generally the whole diplomatic corps, 'several generals of the garrison, MM. Berger and Curlier, and many of the represen tatives. The Bank of France announces that its dividend for the tint six months of 1851 is fixed at 55f.—n better result than aas expected, and due mainly to the interest paid by the state upon the 50 millions still owing of the loan of 150 millions, and to the receipts on protested bills amounting to 700,000 f. for Paris alone in the last half-year. For the next half year 500,000 f. or 600,000 f. of further receipts on pro tested bills of Paris are counted on, and probably the interest of the loan which the city of Paris is about to contract with the Bank will figure in the proceeds. The dividend of the next half-year is, therefor•, not expected to be less than that of the present, notwithstanding the universal stagnation of affairs. In the sitting of the Assemble yesterday the two principal articles of the bill on Colonial Banks were voted. It was decided that the banks might issue notes of 23fr., and advance money upon the security of crops. In the Assembly's sitting of to-dav the remaining articles of tho Colonial Banks Bill were adopted. The holm then pieeeeded to discuss the taking into consideration of St. Beuve's free-trade motion. MM. Barnehe and Faucher demanded the adjourn ment of the debate in consequents: of the absence' of M. Buffet, Minister of Commerce. M. St. Beuve op posed the adjournment; M. Thicrs, who wishes to speak in this debate, also objected to putting it off, as next week he should not be able to attend. The Assembly decided by a large majority against the adjournment demanded by the government. M. St. &nee then developed, in a long speech, his plan, which is to place France in the road of that free trade policy, of which so grand an example has been set by England with such striking success. He pro posed the suppression of all duties upon alimentary substances, and upon raw materials ; the abolition of all prohibitions, and the establishment of a protective duty not exceeding 10 per cent. upon goods partly manufactured, and not exceeding 20 per cent. upon goods entirely manufactured. M. There will speak to-morrow. The committee on the ratification of the treaties of La Plata was yesterday occupied in the examination of the individual claims addressed to the govern ment since 1845, and on which no decision was come to in the Le Predour treaty. The committee decided on recommending that the government, before the welisage of ratifications, s hou ld stipulate on the subject of these claims. This incident has delayed the presentation of fhe report, which will, however, be submitted to the Assembly at the end of the week. The debate on revision is expected to begin on Monday, the 14th July. The President will start on Monday evening, the 30th June, for Tours, where he will pass the night. The next day he will proceed to - Poitiers, accom panied by MM. Leon Faucher, Magne, and Bandon, and return to Paris on the 2nd July. The municipality of Beauvais has voted 12,000 fr. for the reception of the President on the inaugura tion of the statue of Jeanne Hachette. _ The Vile de Paris, a 120-gun ship, is to be launched at Rochefort on the 28th July. The funds showed great firmness to-day. The Fives closed at 03.10, with a rise of 23c. The Threes rose 2.3 c., and closed at 50.5. SPAIN. The debate on the vote declaring confidence in the ministry commenced in the Spanish Chamber of Deputies on the 20th .M. Morena Lopez attacked the general policy of the cabinet, and specially denounced its interference in the elections. When he concluded, the debate was adjourned. In the sitting of the 21st, the discussion was resumed. M. Herrera, the deputy for Peneranda, whose election had been particularly alluded to during the previous debate, warmly de fended the validity of the proceedings connected with his return. The discussion was again adjourned. The French squadron left Cadiz on the 16th. A new war steamer, Isabel la Catolica, built in England, for the Spanish government, had arrived in that port. She is intended to carry the mails to the Antilles. ITALY. ROMAN STATES. The Bologna Ga=•ttc of 'he 18th gives an account of an encounter of two detachments of papal troops with six robbers in the vicinity of Bologna. Three soldiers were wounded by the fire of their adversa ries, but one of the latter having been killed, the others took to flight, and escaped. THE EXPRESS, FRIDAY EVENING, JUNE 27, 1851. gbe Court. It is understood to be her Majesty's intention that • state baU shall take place at Buckingham Palace on Man dl, the of July, and a concert on Monday, the ith of ju lfCr Majesty and Prince Albert, accompanied by the King of the Belgians, visited the Duchess of Glou cester last evening. Th e Queen and Prince Albert were attended by Viscountess Canning, the Hon. Amelia Mur ray, the Earl of Morley, General Wemyss, and Colonel Bouverie. The King of the Belgians was attended by Colonel de Mocrkerke. Her Majesty . and I'rinee Albert and the King of the Belgians arrived at Gloucester House at 20 minutes to 10 o'clock. The Duchess of Kent also visited the Duchess of Glou cester, at Gloucester House, Piccadilly, last evening. lier royal highness was attended by Lady Augusta Bruce, Sir George Conger, and Lord James Murray. His Majesty the King of the Belgians accompanied by the Duke do Brabant, the Count de Flandres, and the Princess Charlotte, went to Claremont yesterday and re turned to Buckingham Palace early in the evening. Her Majesty and Prince Albert, accompanied by the King of the Belgians, with the Duke de Brabant, the Count de Flandres, and the Princess Charlotte of Belgium, visited the Exhibition of the Works of Industry of all Nations, at half-past 9 o'clock yesterday morning. The royal circle was attended by the Viscountess Canning, Madame de Montan dos, General Wemyss, Colonel Bouverie, Colonel de Wier kerke, and Count Albert de Briey. The Queen, the Prince, and King of the Belgians, remained an hour in the Exhibi tion, and then returned to Buckingham Palace. Prince Albert, attended by the Marquis of Ahercorn, Colonel lion. Charles Grey, and Colonel Bouverie, left Buckingham Palace at 20 minutes past 12 o'clock yester day morning for Harrow School. His Itoyal Highness and suite returned to Buckingham Palace at 10 minutes past 5 o'clock. he Duchess of Kent and the Prince of Leiningen visited the Chteen and also the King of the Belgians yesterday at Buckingham Palace. The royal family took their accustomed exercise yester day in the garden of Buckingham Palace. The Hon. Amelia Murray and the lion. Lucy Kerr have relieved the lion. Matilda Paget and the lion. Mary Sey mour in their duties as Maids of Honour in Waiting to her Majesty. In consequence of the number of applications which are addressed to the Lord Chamberlain of her 51.1JCRI7'S house hold for permission to view the House of Lords, it may be desirable to state, that all applications for that purpose should be addressed to the Lord Great Chamberlain, at his °flee at the House of Lords. The Judicial Committee of the Privy Council sat yester day at the Council-office. The lords present were :—The Lord Chief Baron, the Chancellor of the Duchy of Corn wall, the Judge of of the Admiralty Court, and Sir F,dw. Ryan. Judgment waN given by the judge of the Admiralty Court in the appeal from the Prerogative Court, '• Oreville r. T,lee." An appeal from the Prerogative Court," Whyd don and Chase v. Billinghurst " was partly heard. GERMANY. Hamburg correspondence of the 24th inst, states that General Legeditsch will be succeeded in the command of the Austrian troops in Holstein by Geu. Schott. It ionnatton had been received at Hamburg of an extensive conflagration in the Russian city of Arch angel. The foreign merchants' quarter was almost entirely consumed, and severe losses aro entailed upon the insurance offices of St. Petersburg. Our Berlin correspondent writes as follows : BERLIN, JUNE 21. It is reported by many papers—originally from the flarrthouri Nachrield—twat the Danish minister, M. ltcedtz, who tirrived on the 22nd at Kid, has been referred, both by Prussia and Austria, to the two diets' commis sioners, Count Mensdorf and General Thunten, as, on the renewal and prolongation of their commissions, the sole representltivrs of G_nnary•, with reference to the settle ment of the Schleswig-holstein affairs. This intelligence is, if true, exceedingly important, as it virtually makes the Schleswig-Itolstein question a purely German one. M. Itecilts has had several conferences with the commissioners; he has remained longer at Kid than was expected, and will not be hack in Copenhagen till the 25th inst. The only result as yet distinctly conjectured of M. Iteedtx's mission will be, it is variously reported, a modify cation in the Danish cabinet. The demovratic Cassino men are to retire. Messrs. Madwig and Clausen are to full into the back-ground ; Mr. Tillisch also, having dune his work, is to keep out of sight for a while, when the statesmen of the old school will come forward and take the helm entirely into their own hands. AME It ICA. ARRIVAL OF TILE WASHINGTON. (fly klectric legraph.) FROM OCR OWN CORRESPONDENT. SOUTIINSIPTON, FRIDAY !dom.:m(l The Washington has arrived off Cowes, on her way to Bremen. She left Now York June 14th, at four p.m. She brings M passengers for England, and 157 for Bremen. She has specie on board to the value of 80,000 pounds sterling for Havre, and 10,000 pounds ster ling for Bremen. She spoke the Niagara from Liverpool, for New York, on the lith, and the Hermann from South ampton, for New York, on the 23rd. NEW YORK, JUNE 13. MONEY MARKET.—There is no change in the quotations for money ; were the demand very active, there can be no doubt that rates would increase, but in the absence of any marked inquiry, the market still favours the borrower. COTTON.-Ihe business of the last day or two hiss been cmdined chiefly to spinners, the market ruling above most of the orders held here for shipping. 13111ADSTI:FFS.—Tite Flour market is still heavy. INDIA. THE OVERLAND MAIL. [By Te'egrapbte Despatch from Martonlea] The Indian Mail, which left Bombay on the 26th of May, has arrived at Marseilles. A terrific typhoon occurred at Ceylon on the let of May, and at Madras on the sth. Nearly twenty vessels were lost, amongst which is the Falkland steamer. Them is no other news of importance.- , The sales of cotton were brisk, at reduced prices. LIBERTY OF THE PRESS IN FRANCE. Liberty of the press has been very much curtailed in France sitice its emancipation after the revolution of 18 ttl, but we doubt whether the following is not one of the grossest eases of infringement of the small remnants of let now extant that has come to our knowledge. The Pao& de Londres, a journal published in London, has, it seems, come under the ban of the French authorities, and in its last number we find the following clear announce ment : " The sale on the public highway (par colportage) of the Pilots de Londres has just been forbidden at Calais and Boulogne by the Prefect of the Pas de Calais, in virtue of a law which does not yet exist. We shall content ourselves foe the present with Cringing the fact before the public, and we accordingly publish the followiog letter of our Calais correspondent, and the complaint we have sent to the pro. fem on the subject. TO THE EDITOR OF THE PILOTS DE LONDItEB. Calais, June 23, 18,11. Sir,—l regret not to have answered sooner your letter of the 16th inst.; hut I was endeavouring, before doing so, to make a last effort with the pnief, who has forbidden the sale of every species of newspaper, kis reason being, that • new law is shortly to be presented to the Chamber to pre vent the street sale (eolportage) of newspapers, &e. (Signed) ' LELECI, Libraran at Calais.' " The protest of the editor of the Pilote follows. We aced scarcely say that we do not think it will be attended to. THE CAPE OF GOOD HOPE. Mell9l`B. A. and J. Fairbairn, deputed from the Cape of Good Hope to further the interests of the colony on the constitution question, have published • joint let ter as to the only point on whkb they eonsider there remaits anything to be said, namely: " Whether the proposed con stitution can he put in action while the war in Caffraria detains Sir H. Smith beyond the limits of the colony r: " This difficulty (the writers go on to say) could be obviate(' by the appointment of a commissioner or li, utenant-govt' nor, as on former emergencies, to assemble the new puha ment, that parliament being constituted by act of the impe- rial parliament, agreeably to the expressed wishes and opinions of all parties in the colony, including the governor and all the members of the executive council. For although there may be serious obstacles in this way, there are much more serious difficulties and dangers in any attempt to carry on the local government in any other way. It is manifest that things must grow worse and worse under the present anarchical moils of ruling a reluctant people by a despised legislature of more than doubtful legality. We do not lay much stress on what may be said of the conduct of the four unofficial members of the legislative council who resigned their seats in September last year. As others had done before us:on many occasions, we ten- dered our resignations to the governor, as we had a right to do. The governor accepted theta, and the Queen also. That the people of the colony approved our act was made clear in many ways, but conclusively by the fact that Me competent persons, in the governor's opinion, could be SEMI to accept the vacant seats. But, right or wrong, our ttaaa mould not be allowed to usurp the place of more im perialist matters. Whatever brought the colony into its danger may be discussed hereafter. Thu remedy M s at peesont e the only thing worth a moment's consider wiswiedy can only be supplied by parliament." MR. THACKEItAY'S LECTURES. Mr. Thacker , .ly commenced his fifth lecture, yes terday, by remarking that the moral of most novels was the same, and conveyed in pretty much the same way. Vice ISM discomfited in the third volume, and there was an ordi nary course of distribution of rewards and punishments. Ile alluded, then, in opening l:is lecture, to Swift's " Gulliver," which ladies, be said, could scarcely be espected to read, even for the sake of its wonderful wit and satire ; and to Fielding's " Jonathan Wild," in which the author, select ing a scoundrel as his subject, conduct , sl hint through his career with grinning deference, saw bins finally hanged, sad bid him good morning. These. were mentioned to snow the remorselessness of the moralists of that time :—now they appearosl to have no pity for scoundrels of au, and , . • any species, discharged the duty of lashing them with a relentless punc tuality. This exordium led up to the introduction of the name of liogarth,_ _ _ Ilogarth's r 'art, Mr. Thackeray described as being, under its moral aspect, of a good, simple character; it interested simple hearts. The moral was usually the same 7. Tommy, the naughty boy, meeting with a bad end. And llogarth appeared to have no sympathy with any sort of rascals. People went to see hangings iu those days, indeed, as a great moral lesson—recommended to apprentices, and the young generally. Ilogarth's pictures made all the people of the past time live again fur us; we saw them all moving there; we lived again in the movement of that time, in the crowds of its hangings at Tyburn—now that Tyburnia—" the most respectable district of the habitable globe!" Having described at some length the subjects of Ifogarth's chief pictures, and drawn a powerful contrast between his time and ours, the lecturer came to his personal character, which, he said, stood out clear before us like his blue eyes, with their keen bright look, in his portrait. No man was less of a hero. Ile was a sturdy, strong fellow, loving his friend and his glass, and having a proper b)uryeois con tempt fur French frogs, French soldiers, foreigners gene rally—and foreign painters in particular! " Correggio," the worthy man would cry, " look at the works of Bill llogarth! Look at my altar-piece in the church of so-and-so." In fact he seemed to think that the world was in a conspiracy to do hint injustice in the matter of his powers as a historical painter. This was a common sort of delusion. Liston used to believe that nature meant him for a tragedian, and " perhaps each of us," continued Mr. Thackeray, " thinks he is something which he is not." The lecturer next gradually approached the artist's con temoorary, Smollett, described as a man of decided hu mour, a manly, good character, preserving his tine qualities of heart through a long struggle against ill fortune, and of brain through a protracted course of laborious writing. It was a hard light in those days. lie faced the world like • one of those Scotch cadets his countrymen, whom Scott loved to paint. A man of gentle birth and narrow means— his crest an oak-tree, his arms a lion, well symbolised his character and career. 'throughout his life he was empha tically a gentleman. His characters were doubtless drawn from the people ho met in his travels. Mr. Thackeray did not rank his invention high. He was a writer of keen, bright insight into all that VAT= beforo him. 'towline was as excellent a painting of character as Squire Western. What novel reader did not remember " Lisraahago ?" Perhaps " Humphrey Clinker" was, on the whole, the most laughable of all stories. It was full of the author's genuine humour. k miffing s birth and employment brought him (said the lecturer, passing on now to that writer) into familiar ac quaintance with every rank of mankind. In all probabi lity he was the very hero of his own book—a kind of Tom Jones. When ho entered on London life, those who re membered the great old wits raid that young Harry Fielding was, in spirits and wit, equal to any of them. Due could fancy the gusto with which lie entered into the pleasures of the town—revelling in them like youths in that Homeric feast, a college breakfast. lie made friends everywhere. Doubtless the effects of his life soon began to tell; he took to borrowing money everywhere ,• to be nowise particular where he could go for a dinner and a guinea. His dramas were written carelessly, and an amusing instance of his coolness was his leaving a part in one of them, which he knew to be bad, for the audience to " find out," and remarking with cool indolence, when the inevitable hissing began, "Oh, they have found it out, have they ?" Mr. Thatkeray proceeded to say that he "could not make a hero of him." But why not take the man as he was ? Why not take his figure, not dressed or hidden, but such as he really was? Beyond doubt, Fielding was sufficiently impaired by idleness, wine and ease. But there was a real love of truth in him : a true hatred of hypocrisy. Ile laughed a hypocrite to scorn with the widest and wisest wit. He had an eye which flashed on a scoundrel like a policeman's lantern. He respected feminine tenderness, and loved childish conscience. He might sometimes be a man of low tastes, but never of low mind. lie dis dained cant ; was loved by his family ; and died at his work. Of has three heroes we should like, the lecturer thought, Andrews, best; Booth, second•best ; and Mr. Henry Jones, least. It was easy to undentand the mutual di s lik e o f Fielding and Richardson, and to believe it honest in both. But Joseph Andrews, originally intended only to ridicule Pamela, soon became a loveable character. (Here, he quoted Gibbon's panegyric cn Fielding, which wo men- Jim' for the sake of his admirable illustration on the subject to be mentioned by a man like Gibbon was like having your name written up inside St. Peter's—everybody . saw it.") As a picture of manners Tom Jones was exquisite ; as a work of construction, admirable. it was full of won derful turns of thought—this great comic epic. But as to the hero, against any undue admiration of him, Mr. Thackeray begged to protest. This protest was delivered with considerable emphasis, and it is matter for curious observation that Mr. Thackeray should have spoken less charitably of Tom Jones, than both Coleridge and Lamb have done. lie declared that Field ing's moral sense tad been impaired by his mode of life. It might, he said, be a matter of long dispute whether Jones, or Mita—Charles Surface or Joseph —were really the most dangerous to society. Booth was a better being than Tom Joan ; he owned that he was a scamp, and was pardoned for the sake of his delightful Amelia—on which character the lecturer here pronounced a warm and graceful eulogium. And ri propos of her, he characteristically observed that Booth was far from being the only man who had won by a coup-de-main the heart of some kind girl, who was far too good for hint. He concluded by eloquently alluding to Fielding's melancholy death at Lisbon, and compared it to the wreck of one of the good ships of our country. The attendance was as brilliant as usual. The next lec ture, let us note, will be at three o'clock. A DISTURBANCE HAS TAKEN PLACE IN THE AGAPENIONIL, or "Abode of Love," near Bridgewater, Samuel Starkey, having displeased the head, or, as ho calls himself; " Lord " of the establishment, had the vial of his wrath poured on his devoted head. He was degraded, and, rumour says, put to work in the stables and as assist ant shoeblack—a pretty employment for a gentleman edu cated with a view of taking holy orders in the church of England. A few days since, Sirs. Starkey returned from London, and requested that the carriage and four belong ing to the establishment might be sent to meet her at the station. This was not done, but a four-wheel was sent in stead, which so incensed the lad that returned by the neat up-train to London. The d worshipper of the mock " Lord " immediately leg the Abode of Love, and like a decant husband, set off to join his spouse.—Both CArowiek. THE BISHOP'S SYNOD. Our correspondent writes as follows : EXETER, Sr:ir 28. I have nothing defiuite to report as to the proceedings of I the so-called synod. Application was made fur admission 1 to report the proceedings, but the answer was that no reporter would be admitted. I understand, however, that the bishop has a reporter from Loudon in attendance, who takes notes, and is called secretary. There are rumours in the town that some bickering' arose during the deliberations yesterday, but I do not think they are true, the reports of the tranquillity of the pro ceedings being universal in the hest-informed quarters. A mob had assembled outside the cathedral yesterday, it being reported that a grotesque procession would meet the dele gates. This, probably, was a suggestion of some lover of practical jests, but it served to draw a considerable throng to the portals of the cathedral. The people, however, quietly separated when they found there was nothing to look at, and to-day there is not the slightest symptom of curiosity manifested. Upwards of a hundred delegates assembled at the morn ning service to-day, and afterwards proceeded to their I deliberations. As our own reporter was not admitted, we giro the fol lowing account of the proceedings upon the authority of this day's Morning Chronicle, whose reporter, it would seem, is a favoured personage in " high " quarters : "SECOND DAY'S PROCEEDINGS. " EXETER, TIMIRDAT. " After divine service the synod resumed its sitting at eleven o'clock this morning, in the Chapter-house. The attendance was fully as great as that yesterday, and it will be seen that the business transacted was of a most practical and important character. " The Lord Ilishop, having taken his seat, proceeded to say that the great business of the day was the consideration of the declaration on baptism, with certain modifications, which he had had printed since yesterday. "The synod then proceeded to the consideration of this important document. The discussion upon it was very brief, and most harmonious, having relation merely to the phrases oloiry employed in the first mid second paragraphs. Even• tually it was carried unanimously, on the motion of the Rev. Prebendary Osenliam, who delivered a very able speech, seconded by the Rev. Mr. Downell, of Oakharup ton, and ably supported by the Rev. Prebendary Role. (The paper front which we quote hire gives the altered " declaration," published in yesterday's Esprces.) " Eflt CATIO\, "The next subject for discussion was that of education according to the principles of the church of England, in cluding schools for the poor, middle I , ehools, the Training College for Masters at Exeter, for Mistresses at Truro, and "The Rev. Chancellor Hantxoros brought under the notice of the synod the worth and position of the Diocesan Training College at Exeter. This college, the reverend gentleman stated, lied sent out thirty-three masters, who are, or at least were at Christmas, employed ❑s master% of schools. There were nineteen resident in the college, and there had left twelve from various causes. Many of these had been duly educated for the work of schoolmasters, but il• the circum stance of so many being withdrawn caused any apprehere ohms, he requested his brother clergymen to remember that ' at the York training-Wuxi', which was admirably endowed, and which was one of the five recognised Privy Council Col leges, the proportion had been nearly 20 per cent. But in future the Exeter Diocesan Training College would nut lose so many, because, in future, those who left would obtain certificates of merit, from which an increased stipend would necessarily follow. De was glad to state that in the compe tition for certificates of merit the pupils from this school had been very successful. Two pupils and one master had all obtained certificates. One, a lad of only Is, who knew little before he entered the school, had obtained one of the second class ; and when it was recollected that out of 700 certificated men, there were net twenty five with that of the first class, they might be able to appreciate the character of the minim. tition fa the second. There were in the diocese at this mo ment 131 pupil teachers. Fifty-five schools had now pupil teachers, whilst three years ago there were no more than five. There were liken ise 13 certificated masters—showing a considerable want. Of the pupil teachers 3) were in Corn wall and 75 in Devon. It was the wish of the committee that every master educated ill the diocesan college should be en abled to take with him, when In, left the college, a govern ment class certificate, in order that he might be enables' to take pupil teachers. There were always applications, for mas ters capable of taking pupil teachers, and, he was obliged to add, that, in mum caws, applications were mails to St. Mark's College at Chelsea, Battersea, and other training col. kites because they had not at Exeter a supply of certificated masters. The next point be should touch upon was the erection of a college. Unless there were funds to build it, the diocese would not be placed iu the positiun in this respect which it ought to hold. At present they had not the in spection of government, and why ? Because the premises where the college was now located did not meet their re quirements, and until that was done the college could not receive the assistance which arose from the payments made by the government on account of the certificates obtained by the pupils. During the last year, for example, they had had five certificatM men; the college should have re ceived 10/. for three years on account of that, but it was withheld until the college was built, iu accordance with the government requirements. _ _ _ " In reply to'a question from the Rev. Dr. Harris, "The ttev. Chancellor Ilmenvorort stated that the es estimated coat of building a new college was 7,0001. The rev. gentleman concluded by moving: '" That the clergy of the diocese of Exeter, in synod as sembled, duly appreciating the advantages which this dio cese has already received from the Diocesan Training Col lege, and feeling confident, from the proficiency of the pupils, as evidenced by their late succes,ful consomition certificates of merit, that the wants of this diocese may be fully supplied by the Exeter Diocesan College, if duly sup pioted, resolve to promote the interests of the Training College in our several deaneries, through the medium of the local imarda, by augmenting the funds applicable to the purposes of the college, by endeavouring to obtain pupils, and especially by recommending fur admission pupil teach ers and stipendiary monitors, who may have successfully completed their term of apprenticeship; and we further resolve to aid the diocesan board in their endeavour to erect a college capable of receiving an increased number of pupils." " The Rev. Prebendary LUNE seconded the resolution. " A discussion followed, in which the greatest desire was shown to forward the object by all tiro clergy who engaged in it, in the course of which it was explained by the chan cellor that the college would only require to he inspected in order to receive the grants from 'government, but that it would not come under the management clause. " The resolution was unanimously- carried : after which the lord bishop stated that he had put down his name as a sub scriber to the college for 100/. He should rejoice to make that amount annual for the next five years, en furtherance of the object, if he might humbly presume to look forward to so long a continuance of his life. (Applause.) " SCIIOOI. INSPECTION: o This subject, being allied to the last, was now taken into consideration, it being introduced by the Rev. Mr. Sanders, in a loug and very able speech. The rev. gentleman de scribed the disadvantage s and imperfections of the existing system, which, he stated, had occupied the attention of the diocesan board in relation to the schools in connection with it. The inspection, he contended, would never be effectual until it was made periodically and systematically. This, ho showed, was the intention of the board from their first report, in order to extend and improve education among the people, whilst not interfering with the control and management of local boards in their respective schools. A temporary ar rangement was in the first instance made, by which a com mittee, in conjunction with the several local boards, took upon themselves the duties of inspection fur one year. The temporary arrangement, however, owing to different eir curnatances, had, with some slight molifications, been car ried on up to this moment ; till now it was extremely de sirable that a better plan should be adopted. The existing plan embraced two classes of inspectors—diocesan and local. The former were appointed by the board, and the latter by the local board; and there had been much difficulty in ob taining them, so that an enormous amount of labour had been thrown upon the honorary secretary (the Rev. Chan cellor Harington) in writing letters only to persons re questing them to undertake the duty. The rev. gentleman then described, from papers which he laid before the synod, the objects to which the attention of the inspectors should be specially directed, and observed that whilst the church action was secured, the advantages of efficiency and unifor nifty all over the diocese were points of the last importance In promoting education. Ile concluded by moving the fol lowing resolution : " That on any vacancy occurring in the number of diocesan inspectors, whether clerical or lay, the archdeacons of the respective arelideaconries be requested by the dio cesan board to recommend to them proper persons to whom the board may make application for their consent to act as inspectors.' "The Rev. Dr. Como" it said he had great pleasure in seconding the resolution. "The Its,. Chancellor HARD/OTOS suggested, in answer to a statement that the inspectors had in some instances been refused access to schools, that it might have been under en apprehension that the inspectors had not the bishop's sanction. The fact, however, was, that every diocesan inspector had his lordship's sanction in writing. " In the course of an interesting discussion of considera ble length, a number of practical considerations were sug gested, which were maturely considered. Among them was the appointment of a paid inspector or inspectors, but the difficulty in the way of this was stated to be the want of funds for an adequate remuneration. One or two clergy men recommended two paid inspectors, a portion of the expense to be defrayed hi a annual p ayment from each school. All these, and a variety of ot her incidental topics, were discussed in a most solemn and calm yet cordial tone, without the slightest approach to bitterness or divi sion; and, after some time had been profitably spent in this way, the resolution was carried unanimously. " In connection with the subject of inspection, the synod ' took into conaideration the papers laid upon the table by Mr. Sanders, with the object of securing efficiency and uni formity. It was, however, considered expedient not to adopt any resolution having specific application to them ; but the synod unanimously agseed to the following resolu tion: That this synod has such confidence in the Diocesan Board of Education that they are ready to accept from the board the papers which they have drawn up for the guidance of diocesan school inspectors.' " This resolution, we should state, was agreed to on the motion of the Rev. W. Kerslake, seconded by the Rev. Prebendary Oxenham. " In reply to a question, The Luau Manor stated that, as he bad already given his sanction to the visits to schools by the diocesan inn**. tors, he should be happy to do the same in respect to th local inspectors. It was thereupon resolved unanimously, on the motion of the Rev. Mr. SAUNUEIN, accoaded by the Rev. Mr. KAU/MAKE: ',` That this Synod rejoices to find that the bishop is in the habit of giving his sanction to the diocesan inspectors, and is glad now to hear that the some sanction will be extended to the local inspectors.' " It was further resolved, on the motion of the Rev. Pre bendary WOOLLCOMRE, seconded by the Rev. Mr. 110 WELL : " That a proposal he made to tho several masters and mistresses of church schools in the diocese, that they offer themselves for examination, in order to hold Pertilicates of merit from the bi%hop, and that the details now submitted (these details of examination were exceedingly comprehen sive) be referred to the diocesan board for their considera tion.' "On the motion of the Rev. Chancellor HARINOTON, se conded by the lie,. Sub-Dean STEPHENS, it wan resolved : " ' That the several resolutions adopted this day by tho synod, having reference to the diocesan board, be trans mitted to the general committee, with a request that the best attention of the board be directed to the matters con tained therein.' " And it was also resolved, on the motion of the Rev. Mr. Gossurr, seconded by the Der. Dr. COLERIDGE : " That it is, in the opinion of the synod, highly desir able that at least one paid ineNctor he appointed for the diocese, to co-operate with the diocesan and local inspco tors.' " A number of other subjects of great church interest, es pecially a discussion on catechising, come under debate, but as the synod sat until rather a late hour, the report is de ferred until to-morrow." Thus ended the second day's proceedings of the synod, which commenced at eleven, sat till three, then adjourned for the evening, and sat till past six. ANOTHER PROTEST has been adopted by a large number of the• presbyters of the diocese. It is addressed, "To the Right Rev. the Lord Bishop of Exeter," and is as follows : " May it please your lordship, " Raving been invited by your lordship to attend by our representatives a diocesan synod, in June next, we the un dersigned presbyters of the diocese, entertaining strong objections to the holding of any such assembly, in the pre sent state of the church, feel called upon—though with deep regret at thus diffuring from our ecclesiastical superior —to offer to your lordship, and to make public, cur reasons for not taking any part in the ruri.deeatial meetings for the election of representatives in the aforesaid synod, viz.: " I. Because we dcent it altogether unnrcttssary to renew, as propased, the affirmation of our holding that article of I our faith—one hapti,ni fin- the remission of sins—since we express our full and unThaken belief in the same whenso- ever we repeat the Nicene creed : and we do not consider that the decision of the judicial committee in any degree in fringes, or is calculated to infringe, upon that article, or that it streets our position ;Is ministers of the brunch of Christ's holy church universal established throughout these realms. "2. BOCUM, although such as , embly may not he distinctly prohibited by the laws and constitutions by which the church of England is regulated, it is certainly at variance with the general practice of the church since the reforma tion. " 3. Because, we do not consider that any emergency has arisen suffieient to warrant a proceeding which isolates this diocese from the general body of the united church of Er _land and Ireland -places ourselves in opposition to the most reverend the metropolitan province —and brings into question, whether justly Or not, our loyal acknowledgement of the supremacy of her Majesty the Queen. " I. Because, we are apprehensive that the proposed deli berations, instead of strenthening the church and healing the lamentable divisigets which already exist, would hare the effect of weakening her influence and increasing those divisions—would present an example of resistance to the solemn adjudications of the law unbefiting our sacred office—and that if generally adopted they might lead to the separation of the church from the state, and thereby he pro ductive of the most fatal eons-queacei to the well-being of ' the nation, the existence of the monarchy, and the mainte nance of the principles of the reformed faith throughout the world." This is signed by 64 clergymen, most of them vicars and rectors, only 10 of them being curates. THE DIOCESAN PROTEST has liven most extensively signed. Lord Sinclair and several magistrates headed the signatures in the (fretliton district. It has been signed, however, by all claws, headed by the Lord Lieutenant, Earl Fortescue, and containing the ingna tures of Earl Murky, Lord Poltimore, lord Ebrington, Lord Sinclair, Sir J. liennaway, Sir 11. F. Davey, Sir T. T. Drake, Sir J. 11. Williams, Sir L. V. I'alk, and . Sir hens Brown. Some scores of county magistrates have also signed, together with the mayor of Exeter (W. W. Ilooper, Esq.), and several borough mayors. The military profession is well represented, several generals and admirals being among the protestors, tmzether with col.mels in the army, captains in the navy, and lieutenants. Nor have the medical pro ! fly:sloe hobl back, many doctors of medicine, and a great number of surgeon•, have already affixed their names. Tho yeomanry have signeii by hundreds, and the merchants, shopkeepers, and respectable inhabitants iu towns in large numbers. POLICE COURTESY. TO TIIE EDITOR OP TILE EXPRESS. Stn,-11aring been sent by you to report the pro ceedings at the Greenwich election this day, I pre,ented myself at the gangway leading to the hustings, where* policeman stopped me, I not being in possession of a ticket. I applied to his inspector or superintendent, who, after listening to my assurance that I was deputed to this duty. cooly replied, "Why, 4 me, there arc more reporters above already than any other persons." lie troubled him self no further, and I was immediately hustled off the gangway. a.; the pas , ages were being cleared at the ap proach of the candidates. Were it not for the kindness of a gentleman who, having witnessed the ahfiir , kindly handed me a ticket, 1 should have returned to London as left, in which case your publication of today would have been silent on the proceedings, Thursday Evening, YOUR REPORTER. TILE METROPOLITAN WATER SUPPLY COMMITTEE. Yesterday this committee re-assembled at twelvo o'clock, Sir James Graham in the chair ; and, in the county of the proceedings, a discussion took place upon an applica tion relative to the right of the public, as contra-dis tinguished from that of the several opposing companies, to be heard in opposition to the government bill. Mr. J. Heron, Town-clerk of Manchester, was cross-exa mined at great length by Mr. Talbot, Q.C., on behalf of the metropolitan water companies. The proposed supply by the Corporation Waterworks, when completed, would be equivalent to 25 million cubic feet daily ; the present supply was 10 million cubic feet daily, and there would be no difficulty in finding a dentand for the other 13 millions, as they had been applied to during the last few months fur supplies for trading purposes, which they could nut meet. Was of of opinion that water, in a place like Manchester. could never be effectually distributed without what was coiled a compulsory rate; and he would apply the same principle to the water supply of London. nene was a clause in the government bill (the 35th clause) such as he had not seen before in any ordinary water bill, giving this ' species of power to the parish officers who, with the consent of the vestry, might require the inhabitants to procure a supply of water where it could be furnished :it a rate not c :moiling 2d. per week. Mr. Vaughan, on behalf of the inhabitant ratepayers of St. Luke's, Finsbury, was about to eruis-esamine the witness, when Mr. James, Q.C., on behalf of the promoters of the go vernoent bill, objected to his locus :Wadi. _ After some'disZussion, the committee retired to consider the application, and after a short interval returned, when The Hon. Chairman said—The committee have come to the unanimous decision that Mr. Vaughan has a loose standi on behalf of the ratepayers and inhabitants of St. Luke's, but the committee expect him in hit opposition to the bi ll to confine himself to the negative of the proposi tion for which Mr. James contends, viz., that this bill is the measure most advantageous to the public, and not to sustain any other project not submitted to the committee. The com mittee further think it right to take this precaution—that if other inhabitants of the metropolis should appear by petition before the house, and if these petitions should be referred to us, and other counsel should appear for the inhabitants, the same rule should be applied as the committer have deter mined should be applied to counsel appearing for the differ ent water companies, viz., that there should only be unc cross • . Mr. Heron was then erase-examined by Mr. Vaughan as to the nature and extent of the juri.dictiou of the corpora tion of Manchester. Tho principle of imposing a water rate on rooms as proposed in the government bill was un known in the north, where it was levied at so much per cent. on the rental, and he was of opinion that the assess ment per room hunted of per rental was calculated in some instances to produce injustice. Mr. Toulmin Smith, on behalf of the London (Watford) Spring Water Company, was about to cros•ecxnutine the witness, when Mr. James objected. . _ After considerable discussion the committee decided, on the grounds before stated, that Mr. Smith, in any optima tionhe had to offer, must consolidate it with the other com panies. and that they would consider the other question re lating to the order of reference of the hous e o f atli June when the case for the government bill was conciuded. The witness was then further examined by the com mittee, and deposed that the result of taking the water supply of Manchester imo the hands of the corporation had been satisfactory to the great body of the ratepayers throughout the municipality. Had no doubt, from a know ledge of the trades of Manchester and Salford, that the supply of water from the high level would be calculated to supersedt manual labour, mid that the water supply would be made largely available for hydrostatic engines, for raising goods, grinding coffee, and other tws, thereby c r oc ra k c facilitating as well as superseding manual labour.. Mr. James Hossitsr, Secretary to the Southwark and Vauxhall Water Company, was next called and exam ined c btical wo y ommirkin Mr. tt ; e ' oe h f inn i4jmnithi , y o s amal oc te k m tho 't g lus Amad da ta Y t° . nfo uarnod' relative wiaednitivePlintotoll:sho;