The Express. — London, England, 1848-01-25 00:00:00

- WEAR VALLEY RAILWAY. CALL d in se- P l r don ed tho ddit *Oft matte gis WKS d ay nitddY GIVIN WA Y. et ... Dirtotort. do , .4,... r lle thee Ohms id fit wigs ilia 6 4e.ttti ite ere; eigiall 11 ~ — ll - of a mast r are Mood *Gado of Fit ; tbe th. war ant. Mr AD Old &dee NI mom alo g um" of barge gg i " BART r l = reledisobiledUtteW ..4.4 .1 1..0athi Moire the production of a ad WINO a OM 1(15 1 0 WWI. totorat a& t pre amt. teem am doe to tem of poot. to Z.. di area !sly tote dole ram* tram am [WRS. LAMOND and Co., railway share respectfuny bag to inform their friends and the tracprey *arbour dally to aU Y and SELL all derssiptioris of 1111.11ILS, railway debentures, &JIM and foreign *odd, a lola War rharos and property Mears. L and o. also b.. Nom that** public) ak Para plane every Wesharrelay. at I k„ et Me Elan of Commerce. Thmtdarerile-street. London: to their whieb plant all Wean are reguseted to he addreseed.—Thread- Londea, Jan. I,IBK NUMBER ONE, SAINT PAUL'S CHURCH -a amt stir Is being made at Monchostor to lower the duty cei tee, sod so hear that all the dUee and town" In Ireland KO 000 t to be c, cmc illud, looming opm the Chanoellor of the El. chequer to fall tho duty to Is per lb. If It be found touchable we Mall to , cheap enouch to all our Marti mutant. lu meantime On , - t c . e y good Congoutm mitable for all large centaurs l at Number 6aa St per la Olocreo.—All haws 2s. gld. per lb dot, and you aow buy for OM rurem albs of good strau COOOII, ' nil a tidy you. oa SOODUnt of itn good quality. DAY ta and Co., ton merchants, Bombe: Om, Belot Paul sehurchvard. TF:A.—At No. 8, King \Villiam-street, City, the 1.11 couswner of Tea la supplied pith good, sound BLACK or MIXED TEA, at 3e. thl. per lb.. a pylon tutprecodentedly low for Tea quality. Alo . the bmt Ceylon COFPEE, lid per lb I.IIILLYI I a end Cu., B,•King Kllllam . ttruet , comer of Abaturethua, facing the Loaloo Life Amodstloo. THE PLATED SEAMLESS TEAPOTB cannot ba dictlngunh.l from ether. or leak or bee their sham ; while, fram t h o p gvlYrltf of the PIM*. of 11111kItier Ihilt patented,. their Woo IN about onc-lielf of any other OWL Portland, =a •. oval plan, Ina ; ramd ; round engraved. ; antique (mimeo,. cyan to &Omer of finhhi, 40a—Detailed cot:domes, with en trails" as e of article, root torn pall from. WILLIAM P. BURTON'S date R IPPON fuel MURTON'S) Stook al °MOW lUralabiale lrovaaaleferr Y UterallY the lawns% In {he world, m d..„,)anvane owl le employed to give a corms% Idea or no variety aid extant, porlainera are Invited to call and Inepect Oifonl. Mr* korner Nowroannt 1, London.—Fotahllshoil In Melleat., 1820. ------- Now ready, to be CIUMMEItLY'S AR! A 7 by 841, Cope Crovrkk, By. meg, Townsend, atanacott, to Unsold tbe Lica ( if 8 41 alto (nee" and 2 2 0 fLts , oe (Salt afar) (Pas .. 1 7 0 Engrg 0 9 0 Mies lastood (Parton) 1 13 • picture catalogue tent 0 , 11 I Also TEXT BOOKS for ART-Wof Being Mort Treatises on t int . Art, whkh every Workman oh ought to WOO. The editor, from his frequent onmi..onications oith and their workmen, has had personal etperlence of their want of the g o= m books. Art.worismen, that le workmen employed in modoul , end macho ing arrangements of colour and form, cogs. In short, In ell manufacturing operation which demand an - uracy o f cmaglon, ought to be wines hat acquainted with the priuciplet on which their work Is foundol. It Is their Interco. to be so even as T oped.. the more amount of their wages, which is regulate., by their In. and ability to S Real degree. B utour workmen sadly want rilie th iTrof knowledge. This editor hag very often met with lust/mom of workmen employed on Sower painting who were unable to make a drawing from .:slue, and were Ignorant aliko of the principles of light, Made, and coLor. SA of the structure of plants. And it has happened, two commooly Indeed, to find workroeu engaged In modelling end the torte of a human fig ure.tteinptlng to give tho Let touchee most .!elleato and retinal exproolon—who not only could not tell number of longs and Joints a finger had, hut were even unable to ILICS with accuracy. So far as books am afford a remedy for these • it is the aim of the proposal series to supply ii. Thor will pabil.h,l isms:ion:llly. fully illudratcd. and at mecca so tow, that a m ansfactunr shall End it to ho Ms Interest to distribute them among Among tho principal rut - Judo, each ono making one book, may to L General course of Study nese:miry for an Art-Workman. 2. limning not the Deo of the Pencil 3. Pe r of Light and BOW S. 6. Pergeztivc. • Gonna Study and Observation of Naturo. 6. Principle. of Line and Form. T. Natural ("etas Spiliiod to Ornament 9. Printiplcs of Colour. 9. Anatomy of the Human Form. 10. Anatomy of Iti.asts, kg. 11. Anotic Botany. 12. Past Style+ of °mamma, and their +lces atlon from Natant. 13. Art of 'Model:mg. 14. Art of Chnsins, SMklng, As., dc. lad subject it ho treattal by so artist fully acquainted with gni practically familiar with the winto of the art-workouts. Joseph Cundall , 12, Old Hon I.strevt. THE complete euccema of LEA and PERRINW WORCESTERSHIRE SAUCE, In Imparting the mod able flavour to &Tarim with every tind . of roast mad, to Meeks, game, Leh, and soup. toge th er with de high sod, and acten Worimeldc . fat end the eery general demand that has ants for It In prefercuce to every other kind of MUM. iitl , loF Induced In London and Dublin to manufacture and sell BPI MOUS lATT I L . TIONS, none of which will bear comparison with the genuine, but aim dimPfointment to those who are not aware of the deception, L. sad! beg respectfully to recommend purelimers on all oemeions to sok or write for LEA AND PERRINO' WORCESTERSHIRE SAUCE. sod to as that their mum are upon the label and patent cap of do trots Jo. Sold N the proprietors, 68, Broad-street, Worembilf, and fl. Vorsoiroot, Ott London ; Barclay and Sons. Crowe Ned Sistkooo. alad War is and merchants, Loudon; and *Ow nog rowelabir adonis /MON 991Ver49119. !ad of an 11..alora. r -MANUFACTURES, a. Honley, Macaw, MulreadY.llo3. Broom lakaard (rod AI 6 • : 417 1 7 r are tglam) 213 6 Flab eltrvor, silver) 11 11 0 The " nal" raper (EU., 2 6 0 Willa Tray tile/Aar roaeht) 2 10 0 emit of two postage Imam FY.' Edltott by FsLtx S01(11111LT. ottnt of Eltrnentary Knowlalgo of tor to produce Art Matufactunto CLEAR AND son SKIN.—ROWLAND'S HALY DOR, emfnently balsamic, restorative. and Invigorating. le aynelly akin:doe for Ktfetv In isnlglention m for mirodling In thoroughly purifying the rein from all pimplesd spots, blotcnes. f Yo. and di,nlorations. proton a hcalthy freshens and transparency of complexion, and a ratans and delicacy of the hands, Ann, and neat. Pr ea es 6d. earl de. 6d on bottle. Herrero of someone ALP DORS. contononsinmerW annezerres Innen Mr , rlollo p and which. by their repellent anion. endanger bealth. knob bottle o f the romans has the WOW. , Itowland's Kaly4or "on the snapper. gold lA. HO LAN D and SON. 21.1. Hatton-garden. London. and by all and i.erfurnem TO MAILERS OF COLLEO, SCHOOLF, to., ac. MESSRS. LONOMAN and Co's CATALOGUE of COLLEGE and BCROOI BOOKS and EDUCATIONAL, WORKS, corrected to January. Is4B, containing about Wee hundred , new and ettabll•bed worts in all branchen of scholaatic literature (may le=tia of all boots:Garr In town and country ; or a coy will be f a , free ot poetage, on application to Mena. Longman and Co.. Pateracater-row, London. IN PREPARATION. THE SEA and THE RAILWAY: their new &aglow .et forth Ins Jaunt along the Manchester, Run Sold, and Lincoln+hire Railway to Grimsby Docks. Ds Ft.tix sucaLo. With woodcuts by C. W. Cope, A.R.A., D. Coo, Jan., T. Creawlck, and R. Redgravc. A.R.A. London : Loagroan, Drown, Green, and Lonmans. The following works will be published on the 31se but. COMIC HISTORY OF ENGLAND.- By Gunnar ABBOT? a BICEITT. Noa. XIX. and XX.. Woe b. Owlog the o obt4o VANITY FAIR.—Par age Print Mervin% or En turn SOCIRTT. Ka XIV. By W. M. Trite AAAAA With lIMIItrOACI lOur #llllOOl. Price Is. TWe work will be oompletod In Eighteca or Twenty Number,. DOUGLAS JERROLD'S SHILLING MAGAZINE. No. XX XVIII. PUNCH; or, THE. LONDON OHABIVARI. Part LX XIX. Price]. 41 London : Piddirhoi at the " Punch" oHoe, tlfs Eleetetreet. This day 14 publiehed. prim In. 641, with nu/venue Uhtstrations, THE BOOK OF SNOBS. By W. V. Tll AC ..... author of" Vanity Fair," At. Alen. on the Bet inn., p.i0111.11. No. 14 of VANITY PAIR: Pry AND PESCH. SIMCFIIIII or Exotinit Socirry. Inuntaeurably ruperior In nurnplition ternary other known produc- Ike of hie pea."—tidinbureb Review. Landon Punch-Mae, YR Fieeteleact. NOTICE. With reference to an annonne which has re- cently appeared, respecting a forthcoming daily jour nal, we are authorised to state that there does not exist any connexion between the Electric Telegraph Company and the publication in question, though the name of the paper might suggest an actual association. The advan'ages of early information by telegraphic express are not, and will not be, restricted to any particular journal, but be open to all parties who choose to incur the expense of such a mode of transmission. We, of course, eball avail ourselves of the Electric Telegraph as occasion may require, and, therefore, to avoid all confusion, such information as may reach us through that channel will be distinguished by pre fixing the words— " From the Electric Telegraph office." LATEST INTELLIGENCE. THIS DAY, Four o'clock. EXPRESS FROM PARIS. Oar Paris despatches of yestereay noon have ar rived. There is no domestic news of general interest. The subject which engrossed all conversation yes terday morning was the intelligence received from Naples, which we have given below. The committee for the intended reform banquet of the 12th arrondissement of Paris have issued a notice that the banquet will be held, notwithstanding the attempt of the government to prevent it, and that it has only been delayed at the request of several depu ties until after the diecuseicn on the address, in order that they may be able to attend. Messrs. Rothschild, brothers, have just concluded, mys the Prepr, an agreement with the Messageries to bring from England 500,000 f. or 600,000 f. per day, in ingots and gold and silver specie. The catastrophe which has been so long foreboded in Sicily, by numerous prognostics, has at length taken place. The island has risen, if we can credit the reports, as one man, in revolt against the grinding dppotiem of King Ferdinand. This intelligence ar rived in Paris on Sunday evening, but at too late an hoar to enable our correspondent to transmit it by the IQ of that night. An outline of the particulars was reteived by telegraph this morning, and appeared in the earliest impression of the Daily News. We now give the details. The steamer Vesuvio, which arrived at Marseilles on the evening of the 19th, having left Naples on the 15th, touching at the different ports of Italy, was the bearer of private letters to the journals of Marseilles sad to commercial houses in that city, which &a toll, need that a genera l i nsurrect i on h a d b ro k en ou t la Sicily. Palermo and the other chief cities were in the hands of the insurgents. On the arrival of this news at Naples, the funds fell 3 per cent. The King was reported to be so moved by the intelligence that helm seized withapoplexy, and obliged to be bled. A luge body of troops, the numbers of whichare variously 141 4 were embarked in nine steam frigates, and sent off without delay to Sicily, the son of the Burg, having making some °accession to t. immiately put under arrest. _ however, has only just compl e ted seems scarcely possible. Ti 3 tails which aresupplitd by of the Marseilles journals. . Nouctilliste, writing from Nan As early se the Bth inst. the u. conviction that nothing would be done their berthens, but the period fixed upon _ - moestration, viz., the 12th, was not anticipated. As the movement was to be spontaneous, every man held himself ready for action, waiting for the signal from Palermo. Without knowing precisely the nature and extent of the manifestations, the polka foresaw the events by the calm and decided attitude of the population, and irritated it the more, if possible, by effecting on the night of the 9th, the arrest of some of the first persona in Palermo. They are the same who, in the wa rm demozstia tient of the 27th of November, kept down the popular effer vescence and restored to order, when the authorities declared themselves unable to do so, these impatient masses. Amongst the persona arrested the flowing are mentioned : Prince Fiorents, the Chancellor Amari, and his brothers, Francis Ferrari, and 20 others 'all equally respectable. Count Aceto had been denounced, but when the police went to his house to arrest hint they found the doors barricaded, and they began t o besiege the home, the first floor of which is occupied by the English consul. In the course of their proceedings the arms of England got detached, and, falling to the gr oun d, were b ro k en to pieces. The police, dreading the intervention of the representative of England, withdrew, amidst the hoot , lugs of the people. N. Aceto was thus saved, and the consul ' sent off a communication of the insult which his flog had re ceived to the British ambassador at Naples, who has de nuded prompt reparation. All there circumstances were of a nature to keep up the energetic resolution of the reople. Everything, however, was organiset in silence. Manifestos were sent off secretly from Palermo in all directions of the island. Everything had been provided for, and the part which each wee to take had been arranged. The patriots, who were without arms and the neecuary mesas for taking a part in the insurrection, were invited to go to Palermo, where they would immediately receive them.' In the morning of the 12th. on hearing the salvos of sr tillery, announcing the anniversary of the King's birth day, the population spread in masses through the city, sad berricades were formed at p s: r we i jephas, under the Cllen of mewed men. Tee tally gave way be %is imposing movement : a part of the troops marched eat of the town and took up a position at the foot of the Monte Pellegrino, the rest remaining in the forts. All re mniued in this state until eleven o'clock ; but a few minutes after that hour a strong detachment of cavalry debouched by the gate of Saint Antonia, to disperse an assemblage collected in front of the palace of the intendant. The cavalry was hailed with cries of friendship and fraternity, but they fired, and killed one man, wounding many others, whose cries of pain were re-ocheed by loud cries of vengeance from the infuriated people, who rushed upon the detachment, brought many to the ground, and compelled the rest to sound a retreat. The attitude of the populace became so menacing that the few troops left in the city retired, 'caving the insurgents masters of it, and who occu pied themselves in strengthening their positions. One re markable fact attended this insurrection, and proves the accord which reigns between all the classes of the people. The clergy mingled themselves among the armed partial, incessantly preaching to them sentiments of patriotism, and exhorting them not to depart, even in the heat of battle, from that spirit of moderation and humanity which are the distinguishing marks of our religion. Some of the priests were seen encouraging by voice and gesture those who were working at the barricades. In the evening an English 1 war-steamer arrived at Pidermo with despatches from the British consul, and soon after went off again with most of the English residents. At night the city was entirely illumi sated, and fires were lighted on the tops of all the surround ing eminences. Some hours later between 7,000 and 8,000 mountaineer., well-armed, entered Palermo in good order. The Mauro returned to Naples at five in the afternoon of the 13th, with despatches from the king's lieutenant. On the following day troops arrived by the railroad from Capita and Nocera to the amount of 8,000 men, and were embarked in nine steam-frigates, which immediately steered fur Sicily. la the evening Count d'Aquila himself started in the steam frigate the Roberto. Placards posted during the night, at every corner, called upon the Neapolitans in energetic terms to imitate the Sicilians. The rising of the people of Trapani has nut been less decisive than that of Pa. lermo —they have repelled the royal troop., and gained possession of the cmtle. The packet Giglio dells Oade, which was in the port, has been seized by the insurgents, and detained fur their own purposes.— At Messina the people appear to have had the same advan tages. The forts which surround the town are in their hands. The troops occupy the citadel. Catania, Syracuse, and Melszza have not been less fortunate. Everywhere success bas crowned the efforts of the insurgents. It is re ported also that there is an insurrection in the Abruzzi and Poglia, but this news requires confirmation. The news has produced a profound sensation in Naples, but there has been no outbreak. There is a report current that the Duke de Sierra Capriole is in disgrace, arid that, instead of his going to Sicily, he will be sent on a mission to Rome. The correspondent of the Semaphore, under the same date, writes: The Vesuvio steam-packet, which left Palermo yesterday, brings accounts of a general insureemion es the 12th in all the principal towns of Sicily. At Palermo, the exasperation was so great, that ladies threw from their windows boiling water and furniture upon the dragoons who were charging upon the people. Thirty thousand citizens of Palermo, all armed, drove the troops out of the town, after having caused them great lames. The troops succeeded in reaching Monte- Reale. We are assured that the infantry of the line would not take part in the combat. The King of Naples, on re caving this news, was so much agitated that immediate bleeding was necessary; hut in the evening he sent off 5,000 soldier: of the line, in nine steamers, from Sicily. On the 12th, the king's fete-day, his majesty went to the theatre of San Carlos. where some applause having been commenced by the friends of the court, it was responded to by hisses from the boxes and pit. It is reported that the King's son, having demanded concessions for the people, has been put under arrest —The Vesuvio could not land her cargo at Palermo; she merely landed a few passengers, and then left for Naples without waiting for her papers."—Another letter states that at Messina the tricoloured flag was hoisted, and the people, after their victory, organised a civic guard. The Journal des Dgbale gives the substances of letters received from its correspondents at Naples, sod also information, proceeding no doubt fri in official sources, which, allowing for the reserve of that journal in such reports, are in the main corroborative of the preceding announcements. It appears that the insur gents at Palermo not only disarmed the royal troops bat stripped them of their uniforms. On the evening of the 12th, on the morning of which the insurrection broke out, placards were posted on the walls in various parts of the town, enjoining the people to abstain from all attack on property. These placards were guarded by monks. By the Levant mail we have received the journals from Athens the 10th, and Constantinople of a late date. The journals are occupied with details respecting the insurrection at Patras, which are without general interest. M. Piscatory had left Athens, in a steamer, direct for France. M. Mumma had not yet returned to Athens. We have Malta letters of the 15th. A smart shock of an earthquake was experienced on the 12th. Several old houses were shaken, but no lives were lost ; all business was suspended for the day. The Madrid mails of the 18th have arrived. Our correspondent says that the news from Catalonia does not confirm the announcement of General Pavia, that the insurrection was suppressed. On the contrary, several engagements with insurgents had taken place from the sth to the Bth. The substance of Salamanca's note to the President of Congress, read at the close of the session of the 14th, was that he had on the 7th prepared a motion, requesting Congress to adopt the proper means for ascertaining whether twenty-five millions of reals out of the converted treasury bills of the royal hoes. had come into his possession; but that his illness having gained upon him to that degree that the physicians would not allow him to leave his bed, he begged the President to declare the reason of his not appearing in the house to bring forward his motion. Since the declaration by Narvaez that the Cata lonian war was now at an end, the Boba has exhibited considerable activity. On Saturday twelve opera tions were done in the Three per Cents., at 27f to 27f at 50 days. Yesterday fourteen operations were con cluded, seven of which at 27:4 i n the same stock. To-day five operations in the T hree per Cent". were done, two of which at 27 7-16 to 27 9-16 at 50 days. sumo, lax. in—Three par Cents., 274 at 40 days; 574 to 117 aaah. Poor per Cents., 164 cub. Flee per Cents., 17 at 40 days; 164 to 17 paper. Parties, 54 paper, 54 cash. COs. a, 4 10-100 4 cash. Bank of St. Ferdinand, 1244 men. Eielatipa on I.On 46 cash Since the foregoing was in type, our Paris letters of last eveaing have arrived, but they add nothing of public interest to what is above given. PARIS, 24.—New 10an, —. Three pa Cents, 73 30 ; rees, 113 90; Fours, 100. Belgian Fire. 1940. 981 ; De., 1942, 991; Do. Fournd-a-flalt, 914; Naples Bente% 99. somas bzsg, 911. ;I T Banda, 4g. Bank Shares, 3130. Exchange on Loudon, sight, 23 00. Ran.wara—Paria end Orleans, 1,17'; Faris and Rouen, 99930; Avignon and Mareallka, 157 30; Strasbourg and l Bale. Centre (Vierses), 301 30; Amien s and Boulogne, ; Bordeaux, 47930; North, 599 73. RELIANCE MUTUAL LIFE ASSURANCE SOCIETY. At a general meeting, held this day, the accounts of the past year were submitted, and Dome alterations in ex isting roles p ro posed , giving fuller power to the directors so to re-assurances and forfeited policies, and extending the pri vileges ot members in respect of voting. Mr. Whitmore, one of the directors, occupied the chair ; and the report read, showing • steady increase of business and careful selection of risks, appeared to give matisfaction to a respectable body of members present. /G - 7. -.:......" ..- . , —"........_, - favr. r. One amount aye that -- ._ r urged ate expediency at the popular demands, we ii '— i t ' awl It ter, "H ~.....S . ed. As the Prince -Royal, l'ir was give this atm ittlated his . 12th year, thin 640.41 Ets:::?aftds the Mowing are the de - the Naples correspondents The correspondent of the form, u he souk qeplee, the 16th, says: that its Is Sicilians had aegaired the Was it b* done :gin ve than of I"' no - 439 i LONDON, TUESDAY EVENING, JAN. 25, 1848. [3d. *me "' nod Axedfor a do- • • it Wli 1 . . CAPE OF GOOD HOPE. By an arrival this morning we have news from the Cape of Good Hope to the close of November. We extract the following important news from the Gra ham's Town Journal of November 20th : DEATH OF FIVE BRITISH OFFICERS— THE CASE OF DR. HAMPDEN. COURT OF QUEEN'S BENCH. [Part of the following appeared it a second edition of last night's Express.] The Solicitor-General maid that he should be fully content to leave the question as it now stood, conceiving that his learned friend had omitted no argument or point of learning that might. be fairly urged against the application. Yet he would venture to detain the court for a few minutes in de fence, es he believed, of a great principle which was now in jeopardy; and, in maintenance of a prerogative of the crown, which he considered amongst the first and most im portant. If the court should decide that the opposers in the ' case had any ground to stand upon, then would he say that there was no longer to be any peace for the protestant esta blished church of this realm ; that • door had been opened ' to every 'melee of attempt upon the just prerogative of die crown in the appointment of bishops • and that there would not be an appointment of a bishop from this time forward that would not be subject to some objection or another. Such was the variety of affections and humours of men, that every one who supposed he had an 'interest to justify would ' attend the confirmation of the archtishop:and demand to he heard as to whether the bishop elect were a man of moral qualities, as to what had been the habits of his life, what were his doctrines, or anything else that might be suggested by a restless or feverish dispoution. He would presently refer to the statute of HenryVlll., on which the whole case turned. In the case of Montague, Jones was sot the only person who took share in the opposition. He was accompanied by Humphries, who was afterwards a puliamentary colonel and they objected to the con&matloa. Jones was called in, and the questhin was raised whether the exceptions had been put forward in legal Inrm, In saleroom to the report { *Lehi, Mew In Darter ; and flee airee, which I was not in " Collier" or " Fuller's Church History," that Dr. Ryves would have received the exceptions had they been advanced in due form, it bad been well sug gested by Dr. Lushington that it might have been fear of the parliament that induced Dr. Rye's to make such en admis sion. The supposition as to Dr. Ryves not being a person who would be likely to steed firm in foul weather, was proved by the opinion of *Archbishop Usher. Then in the case of Matthew Parker, the first protestant archbishop, who was the subjiect of what was known by the name of the Nag's Head confirmation. In that case there was no acting under the first com mission; and in the second confirmation, when whet was wrong in the first was amended, it was worth mentioning that Parker was not confirmed in person but by proxy. Dr. Montague's precedent was word; nothing, and those were the only historical precedents. In the present year, however, he was sorry to say, another precedent had arisen, in the ease of the Bishop of Manchester; and if once the opinion got abroad that oppo sition might be offered to the exe"cise of the crown's prero gative in this matter, there would not be wanting men who, tor some cause or other, would think they were doing God service by so interfering. He contended that the act of con firmation had never been looked upon as one on which any well thinking man had a right to come forward and object, and expect his objection to be received and considered. True, inconveniences might, in some possible case, result, but while the present mode of election and con firmation remained, the church would, he is as sure, be content to put up with it. The right of the crown to nominate bishops was clearly defined by statutes, and admitted by all writers of authority. Hooker had well argued, that, as the king had the undoubted right to make lords temporal, so be had the prerogative of appointing the lords epiritural, who were also peers of the realm ; and that the power of granting such dignities rested with the crown alone. The whole course of proceeding laid down in the appointment of bishops proved that this was the case, —the issue of the. letter missive with the cong d'elare, and the appointment by letters patent if the dean and chapter neglected cr refused to elect. And he believed, should the result of this applica tion be to show that there was any doubt in the matter, it would give more contentment to the church and to the country if the law should be so altered ea to make the crown appoint by letters patent in the first instance. lie proposed to come by degrees to the statute of Henry `III., the circumstances which had led to its enactment, and the manner in which its provisions had always been construed. The statute of Edward 111., in which the cone d'ilire wee referred to, was an evidence that the crown was then tieing up in defence of the church and the people as against the Pope; and by the enactments of that statute the rights of the crown, in respect to the appointment of bishops, were asserted as against the see of Rome. That this was the policy of the sovereign and of parliament was evideut. Then the 23rd of Henry VIII., for restraining the pay ment of annetes, or first fruits to the Pope, for confirm ing bishops in this country, after referring to the impover ishment of the persons appointed, and the country by the withdrawal of large sums to Reme on every occasion of the appointment of a bishop or archbishop, for the confirma tory null, enacted a particular form of confirmation by the archbishop, independent of the Pope; and at the end of that act was a sort of threat—which no doubt the king and Creamer, who advised in the matter, intended to act upon— that if R o me ahouid continue to insist upon such payments, all sacraments should minden° to be administered, any papal bull to the contrary notwithstanding. It was durante this statute that Crammer was consecrated. The 23rd of Henry VIII. was passed for getting over other ineumbrances which pressed on the king's prerogative and on the laws of the land; and by that act the clergy were prevented for the future from enacting any new constitutions, canons or ordinances, without the king's permission ; and it en acted, also, that no appeals to Rome should henceforth be per mitted ; and the 7th section of that act provided that such ex isting ordinances, canons, &c., as were not opposed to the laws of the realm, or the king's prerogative should continue in force. Was not this a conclusive proof of the intention of parliament and the crown to be no longer bound by the canon law, end that the king's prorogation should over ride it in matters of this kind Then came the statute ddth of Henry VIII., cap. 20, with which the court had to deal. It would be well here to inquire what had been the right of confirmation as averted by the Popes all over the Christian world. Of whatever value confirmation was to the Pope, it was equally valuable to the king. Either might dispense with it, require it, or lay down the form in which it should be carried on. Vanespin, a professor of ecclesiastical law, in the Netherlands, at the beginning of the last century, said that the rite of confirmation by the Pope did not exist alike in all countries. The learned gentleman went on to con tend that whatever power the pope possessed as to the ap pointment of bishop! was now 'trod in the crown. The pope, it appeared, might dispense with confirmation, or call for it—so might the Queen. The pope's discretion, in fact, was now the crown's discretion. Mr. Justice Coler dge : Then the crown might din pease with any of the requisites for a bishop —age, for in . The Solett:it-General could not suppose that the crown would do an act which was oppposed to the good of the church or of the realm ; the Queen's discretion for the good of the country was (quilt° the Pope's discretion fur the scrod of the church or of the realm, the queen'sdiscretion for the good of the country was equal to the Pope's discretion for the good of ehristerdom. He contended that the crown, in its discre tion, was not bound at all, it being always inferred that the King would do nothing te abuse the trust reposed in him. It was enacted by the statute to which he was referring, that if the dean and chapter refused to let on congi d'ilire the crown should appoint by letters patent. What, then, was the importance which, at the passing of that enactment, attached to the rite of confirmation ? The 26th of Henry VIII , cap. 14, for the nomination of suffragan bishops, made no mention of confirmation. The whole matter was left with the archbishops, who were, like the king, in the appointment of bishops supposed to act in accordance with the interest of the church and the country, and notwith standing the importance of tke duties of those suffragan bishops no confirmation was needed. He held that this was an additional proof that in the view of parliament confirmation was no material part of the appointment. It was supposed in the case of the 'tarragon bishops that the archbishop would present to the crown persons who, from their learning their piety and conduct were fitted for the office, in the same way as it was supposed the crown would appoint to vacant bishoprics. The 31st Henry VIII., cap. 9, was another act for enabling the king to do without confirmation altogether, and to make bishops as he pleased. He would now refer to the the Irish statute of Blizsbeth. The statute of Edward pronounced upon the congi d'aire ; he would not enter into the question where fore ; but in respect of Elizabeth, she revived the statute of Henry VIII., with all its enactments. But why she did this in the first year of h-r reign, and wby in the second abe enacted the existing law with respect to Ireland, he could not say. But this was clear, that the latter statute gave the crown the full power to appoint such persona as it might think fit. This act gave the same power to the crown in the nomina tion of bishops ss if election bad ensued under a conge d'aire, and made all the appointments donative. What was this but a parliamentary avowal of the efficacy of the appointments made by archbishops. Then again, under the same act the 'archbishop was autho rised to confirm and endue, by benedictions and customary forms, the bishop elect, without reference to foreign bulls or Powers, and this was enjoined on him under the penalty of a prmmunire. Now premunire wee not alone con fiord to ecclesiastical things, for in " Comyn's Di gest it was expressly so laid down in letter B, 3ed Institute, 120, 123. It was clearly shown that the powers of the court of Rome had no reference to many other eases of preemunire. By letters patent, issued under the au thority of the crown, the dean and chapter were allowed to elect, under a mice such a person for the bishop as might appear to them to be devoted to God, and lateep to be useful to the crown and to the kingdom. By the Where missive it was said that, by prinaely Beat the crown moved to choose a fit weer, and, considering the virtast b Z gravity of Dr. Hampden, it had been pleased to reammemil him to be chosen. Be contended that any coatravesnios of this recommendation and exercise of t h e , pord pus- rogati" o l war it Slid that theprerags tire bad been exerted In farrier of a divine of unsound doctliaor. Mill he would alarm that the prerogalive erm duly exercised, and that the nomiontion must stand en impeached. Bach a mac, so-named, the dean and Gimped+ had elected. Could anything tow* that election ? He said, nothing could. The words of the statute were exact ist a Isla be ever so unfit in the eyes of ease of the DEFEAT OF THE KAFFIRS. WEDNESDAT, NOV. 17.—Information has rushed town from Kaffirland of the death be the Kars of five British officers, namely—Capt. W. L. .Y. Baker, Lieut. Faunt, and Ensign Bernop, of the 73rd Regiment, Dr. N. S. Campbell, surgeon of the corps, and Assistant-Surgeon Loch, of the 7th Dragoon Guards. From the various accounts which have come in of this distressing affair, we gather, in a connected form, the fol lowing details It seems that the head quarter's camp is on the Kemp, about ten miles W. of the Kye, Colonel Somerset, with a strong force being in advance sod in position en the heights commanding the Lye drift, at the usual wagon road. At the distance of about seven miles from the general's camp there is a conspicuous rock or mountain. The beauties of the country, being much spoken of, the ill-fated officers resolved to gratify their curiosity by visiting the spot. On Saturday they started, taking no escort or attendants of any kind, oath carrying a double-barrelled gun, more as a precaution than from any apprehension of actual attack, The party on starting were six in number, but being over taken by a shower of rein. Lieut. Littlehales, 73d Regt., labouring under severe cold, resolved, after riding about five miles, to return. It seems that the only approach to the mountain is along a narrow ridge, terminated by (setup end narrow glen and thence through a valley easumbered with reeks and bush ; and it would appear, as Seas the traces can be sees, that these officers were permitted to gain the summit of the mountain without molestation. At the same time it is pretty evident that all their movements must have been watched. No apprehension was felt until Saturday evening, when, not making their appearance, Lieut. Littlehales became uneasy. At length about eight o'clock a party, consisting of Captain Berkley, military secretary, Capta. Seymour and Sourer-et, the general's aides-de-camp, and Capt. Bisset% C.M.R., with ten of that corps, started off in quest of the missing party. Traversing the ridge we have described they shortly reached the brow of the declivity leading to the narrow glen before mentioned, but into which at that hour of the night, and with so small a force, it was not deemed prudent to descend. After pausing therefore for a short time, several rounds were fired an signals, but hearing no response the party returned to camp, and on making report a strong party was ordered to start soon after midnight to renew the search. This force consistel of four com panies of the 73(1 Regt. accompanied by Lieut. Littlehales, to point out the route which he in company with the others had pursued on their way out. Shortly after daylight the objects of their search were discovered—deed, stripped, and savagely mutilated. From appearance it is conjectured that the unfortunate deceased mutt have been attacked on pasting the valley, but that, on endeavouring to eacepe, their retreat through the narrow pars at the glen had been corn. pletely cut off, and they became easy victims to overwhelm ing numbers. The spectacle presented was frightful. A letter before us states " Mr. Burnop had three balls in his head ; Capt. Baker was stabbed and mutilated in several places; poor Dr. Campbell mutt have suffered greatly, the flesh being actually pared from his body ; the naked body of Lieut. Fount had been apparently flogged with chains — their eyes had le en scooped out—their teeth extracted, and the head of usistant-surgeon Loch had been severed from the body and carried away. The latter, it is supposed was dragged to some little distance from his companions, to a smooth flat stone, and there beheaded. All were stripped, and their remains left on the spots where they fell. The dead bodies of two Kaffirs lay at no great distance, killed, as is assumed, by these officere at the first moment of attack. The poor fellows were buried on Sunday, in one grave, and there was tot a dry eye present, from the general down wards." _ _ _ On Sunday morning Colonel Somerset rode over to the general's camp, where he was in time to witneee the return of the detachment with the remains of these unfortunate officers,—and it was at once determined to scour the coun try around the scene of this awful tragedy. Orders were immediately dispatched to Colonel Somerset's camp for detachments, consisting of 130 Cape Mounted Riflemen, ceder Captain Hare, 300 of Captain Hogg'e Levy, and 100 Boers, to move towards the scene of the massacre—an order which was so promptly obeyed that the whole force reached a point a few miles from the general's camp the same night. Here they were joie.l by 200 of the 73rd ; a troop of 7th Dragoon Guards, under Sir Harry Darrell—and some Kat River Hottentots—the whole under the guidance of Lieut. Bisect. The general, Sir Georg. Berkeley, with hie staff, joined just hetore daylight. This farce was shortly after wards divided-100 men of the 73rd, under Major Pinckney, and 100 Provisional', under Capt. Hogg, moving across the right shoulder of the mountain, while 100 men of the 73rd, under Capt. ➢rown, with 150 of Hogg'' , Levy, end 100 Kat River Levy ascended its left shoulder. In the mean time Colonel Somerset, with the Boors, worked to the extreme right, endeavouring to effect the passage of the river below the bend, but which was found to be impracticable, and he then returned to the top of the ride, while the general ascended the face of the mountain, taking up his position on the summit, so as to command • fine and distinct view of all the operations below. From this ele vation many hundreds of cattle and Kaffir' were seen —the latter having taken up a most favourable position in a large bend of the river, forming • peninsula, only accessible by a narrow rocky ridge, to reach which it was necessary to clamber down some shelving rocks, so pre cipitous as to be quite impracticable for horsemen. At this point it was seen that the enemy was determined to make a stand ; on which the general ordered Lt. McDonald, with a party of Cape Corp., to move rapidly down the lace of the mountain, and, if possible, force the position. This detachment was the first that reached the point, but was soon joined by Caine. Hogg and Owen's Provisional.,, followed by two companies of the 73rd, under Capt. Brown, who came up in fine skirmishing order, and held the pass while the Provisionels and Cape Corps were mowing the peninsula and skirmishing with the enemy. The Kaffirs showed great determination, but nothing could resist the impetuosity of our troop., who rushed fearlessly over every difficulty, and drove the enemy before them wherever seen. The results of the engagement were 23 Kaffirs killed, and at least double that number wounded, while the only casualties on oar side, was one serjeant of the Provisional., killed, and one troop horse. Upwards of 300 head of cattle, and several guns, were captured from the Kaffir., also two of the horses belougin7 to the deceased officers. Colonel Somerset was to attempt the passage of the Kye on the 18th. Great preparations were making at Cape Town for the reception of the new governor, Sir Harry Smith, whose arrival was daily expected. The houses of the inhabitants were to be generally illuminated, and every mark of respect would be paid to this distinguished hero upon his assuming the reins of government. (From the Zuid Africaan of Nov. 22.) The following address has been placed for signature in the Commercial Exchange, and will be pnsented to Sir Harry Smith after he shall have been sworn into office To his Excellency Lieutenant-General Sir Harry Smith, Bart., G.C.8., Governor of the Cape of Good Hope, &c. We, the undersigned, merchants and other inhabitants of Cape Town, seise the earliest opportunity of presenting to you, sir, our hearty congratulation on the safe return of yourself and your excellent lady to this colony, where your past services, and her ladyship's kind attention, have been, and ever will be, remembered with gratitude and affection. It is a source at pride and gratification to the °sionista to possess the high privilege of having the hero of Aliwal for their governor, and to enjoy the advantage of Sir Harry Smith's talents, promptitude, and experience in the manage ment of their border policy, on the retirement of the dia. tioguished and indefatigable officer whom he has been ap pointed to succeed. Although, sir, you will find our barbarous neighbours a more formidable enemy than when you taught them at once to fear and respect you, yet we confidently rely upon the abilities of y our head and heart for enabling you eventually to combine the permsoent peace and safety of the frontier with the progrcv.ive moral and social improvement of the native tribes of Southern Africa. " ' • We hail your return amongst us u the harbinger of better days, and we fervently pray that your excellency and Lady Smith may live many happy years, and enjoy richly the favour of a merciful God, the well-earned rewards of your country, and the esteem and affection of the people of the Cape of Good Hope. Her Majesty's troop-ship Apollo, Commander Rad cliffe, which left Portsmouth on Sept. 8, for the Mau ritius, with the second batalion of the sth Fusiliers on board, arrived in Simon's Bay on the 16th Nov. And on the 20th of the same month, the Elizabeth Ainslie, barque, T. C. Cahn, from Calcutta to London, put into the bay in consequence of the majority of the crew having refused to work the ship any longer. THE NORWICH FESTITAL.—This great triennial music meeting u to take place in the month of September next. The conductor and leader (as at the festival of 1845), are to be M. Benedict and Mr. T. Cooke. Among the pieces to be performed are Handel's " Israel in Egypt," and Mendebsohn's " Elijah." Nothing new is expected. Spoke, the only pens living who has shown himself equal to the composition of a great Oratorio, has produced no work of this clan since " The Fall of Babylon," which was written expressly for Norwich. TEMPOP.ART SUSPENSION MAIZE BETWEEN Hiram AND Nzw Yottx,—The Postmmater-General has issued the following notice: "Information has been re nand from the Director-General of the French Post-office, that it has been found necessary temporarilto suspend the padres service recently established between Hans and New York. No letters, &c., will therefore be transmitted from this country for despatek by this line of pickets until further notice." J be stood elected and approved of under their et might sound arbitrary to say to the dean and chap s Hare is the man foe you to elect ;" bat this power given to the Crown for the good of the country ; sad if authority was id before the election, on what Ids could it bedisp uted after th e election had been ? Why a power oaid exist to disavow the bishop , after he had been elected according to the established s, and when he tame to the archbishop for confirmation, could net my, unless it was to tell the crown its anthorky and prerogative were mere shadows. as it not earpriedng, if this power of opposing did exist somewhere, that none of the books had laid it down how it was to be exercised? If he referred' to the canon law, as laid? down by John d'Atho, he found no coarse of proceeding painted out to be taken in such a matter, nor was there any authority to be found on the subject in Lynde wode, notwithstanding the unthet had been made of the gloss contained in that writer by the learned couasel on the other aide. The learned gentleman then proceeded to argue, on the authority of the gloss referred to, that the word discussion (diseussio) did not imply a public ergo ment in court, but merely that the parties, judg ing of the fitness of the bishop elect, should reflect and muse over the points raised against him in their minds, but by no means that any other mode of judging or deciding on those questions should be resorted to. The other au thority reterred to, vie, John d'Atho, certainly could not he relied on es sanctioning, or even OWE( countenance to ;he objections by his learned friend (Sir F. Kelly), to the confirmation of Dr. Hampden as bishop. There was nothing to show what the meaning of the words "inter etetera" was, uolesa the glom of John d'Atho was con sulted, who was at variance with Lyndewode on this point. The question was, whether the archbishop confirming had , the same power of examining into the election of the bishop elect, es was shown by Lyndewode to be formerly mo used by the same confirming bishop. The learned counsel contended further, that there was nothing, either in John Peckham or any of the other authorities cited, or in the glossaries in their text-books, allowing that there existed a power in the archbishop to inquire, either before, or at con firmation, whether any and what unsound doctrines were entertained b 7 the bishop presented to him for confirmation. The authorities relied on by the learned counsel on the opposite aide having failed to bear him out, what further grounds (were there for persisting in the opposition to Dr. liampden's exercising the episcopal functions ? Laneellott us said expressly, that no bishop could exercise his functions without being confirmed, but the learned consul did not read the glees ea the WlNalimponiet, beeeia that Liaised writer expressly mid, that in his day (Elixateth), each confirmation as had heretofore been held indispensable, was no longer necessary. It was therefore clear from this autho rity that even the Pope himself could dispense with the rite of confirmation, and es his authority was now vested in the crown, it was clear that the old mode of confirmation could be dispensed with by the crown. Lord Denman : It appeared to us from the Attorney. General's admission, that the Pope had never sanctioned the dictum of Lancellottun and perhaps in consequence of that vilTy sentence. The Solicitor-Gen.: But it appeared further, that under the old form of confirmation, the archbishop exercising that office was to iffquire into the morels and qualifications of the new candidate ; and that certainly opened a wide door for in quiry. It was not clear from toe text of the authority re ferred to, whether the archbishop was not hound to cite all opponents to come in and to state their objections to the bishop's confirmation. If Buck a practice were to obtain, he would call upon the court to consider the difficulties that would ensue. Might not the clergy of a neighbouring diocese come forward and say, " Though we have no imme diate interest in the matter, )et the bishop elect might be trawl tied to our diocese," sad on that ground they might be deemed competent opponents. Suppose, again, a turbulent opposer of the church were to claim a hearing, would he not, in his capacity as a payer of church-rates, he entitled to a hearing ? \Vas the canon law sufficiently explicit to induce the court to admit the opponents in the present case ? Supposing the court bald that the present parties were enti tled to oppose ; what were they to oppose ? What said Bishop Gibson I—he could not oppose the statute under which the prerogative of the crown was conferred. He said it was not the bishop who presented himself, but the dean and chapter, "who have elected as a fit and proper person him wham the crown had recerameeded as such." They pre vented, saying, "We have unanimously elected this man," and under the sixth article they elect the person recom mended them, and they pray the confirmation by the arch bihop of the bishop elect. Bishop Gibson, in his " Codex," said when the petitio sumnsarare is presented, proof of its contents roust be given on presentation for confirmation. This had been done in this instance. The process of elec tion had been proved by the return of the dean and chapter, and they had also proved, as required even by the canon-law, the " persona" of the man recommended by the crown and elected by the dean and chapter on that mammon dation. But be did not think it right to leave the question of " persona " is that position. He would refer the court on that question to a work of great authority among civilians—vs., Von Espin's " Jurist , to show that if Ithe " persona " were not sufficiently proved so as to atop all opposers, the fact of the recommendation by the crown and the election by the dean and chapter of the individual returned under their seal, was a sufficient proof of the " persona" and his fitness for the office of bishop. But he contended that his learned friend had not shown the existence of any general oak as to the matter of confirmation • and further, he submitted that even if his learned friends had shown any ;role, it was in direct restraint of the prerogative royal of the sovereign. The Queen had chosen a man suffi ciently learned, and had commanded the archbishop to son firm the bishop el, ct. Any hand that stepped that confirma tion, therefore interfered with, and inflicted a damage and a wrong on the prerogative of the crown, exercised under an act of parliament. What, thee, was the archbishop to do ? It was monstrous to suppose that any inquiry on behalf of the oppo sere could be so speeded as to be completed within the twenty days, the period limited to the archbishop for his confirma tion. In conclusion, the Solicitor-General said that the po sition of the opposers was this : They told the archbishop, " Yon know nothing of the proceedings; we alone know the law of the land ; and we will compel you :o obey what we say is the law." They further mid is effect, " The Queen, in issuing her commands, does not mean that which they imply —the penalties of preemunire mien no such thing; and the whole matter, from beginning to end, is as we stated it to be. We know what war peasiog in the minds of Cranmer and the people of England, at the period which has been referred to ' • and we take our stand, and tell the people and the Church of England, that we know a way by which the Queen's prerogative may be let, hindered, and restrained, in a matter which involves the peace of, and which ought to be dear to the heart of the people of, this country. We • take our stand on the authority of Lyndewode, Lan rellottus, John d'Atho, and other foreign Riker! on the canon law, and the laws of England are but as dust in the balance. Mr. M. D. Hill, Q.C., followed on the came side, end en tered upon a careful examination of the statute of Henry VIII. He contended that the proceedings at the confirma tion in this instance had been conducted according to the rules and regulations provided by that statute. Had the archbishop refused to obey the commands of the Queen no thing could have shielded him front the penalties of prmmu sire. He had, however, obeyed the order to perform that which was purely a ministerial duty; and he, therefore, ought to be held harmlem. The learned courted cited the statute of Edward VI. and of Elizabeth, to show that the statute of Henry VIII. was not (as had been urged) • " shadow of pretence." The confirmation of a bishop elect was, in fact, nothing but a matter of form. He would further beg to all the attextion of the court to the authority o' Blackstone, who, in his Commen taries, vol. 1., p. 379, distinctly declared that, by the 25th Henry VIII., the ancient right of nomination was, in effect, restored to the crown; and this same doctrine was repeated in the fourth volume, in the celebrated chapter on prsemu nice, and the principle of the donative character of the bishoprics' applied alike to those created before and to those created alter the pealing of the act. This statement of Blackstone had in no one instance been con troverted by any of his commentators. To these express authorities what hsd been opposed ? Literally nothing. As to the case of 1628, in the first place, it appeared in no report at all, and, supposing all the circumstances to be as stated, he was quite indisposed to imagine that the court would regulate its solemn decisi in by the resultof a debate in one house of the legislature under such circumstances and at such a time. The case of Evans sad Astell, cited by Sir Fitzroy Kelly, was simply a question whether • bishop of Hereford, who was at the same time dean of York, avoided that bishopric and that deanery between his election to another bialropric and hie confirmation therein ? What could alone avail his friends would be the production of some case in which the power of opposers to come in and oppose the crown was established by the fact of occurrence and the subsequent fact of confirmation by authority. The court here interrupted the learned gentleman, inti mating that it would hear the remainder of the argument at the sitting of the court to-morrow. The court rose at half-past 4 o'clock. Imam to • lemmunize being iceormd "without any Aad what was " letting" but hindranoe—delay. earlier part of the statute enacted that the election "should be good and effectual to all intents and effects." As • general rule of law, where the election was to be confirmed, it was mplete without confirmation. In the election of members of parliament, the law did not contemplate that Say controversy would mist; and, upon taking the oath and W Mal, all was done. unless some new prows took pima whisk brought the election into controversy. Bat not so ia the present ease, in which confirmation was a sessmary part of the proceeding, and which was requisite to melee the election complete. Now, if the election in the present case only speaking of that portico of it which took place under the congd delie.— was to stand .good and effectual to all intents and effect, how could anything that followed be anything more than matter of form. In any view of the ease, therefore, confir mation was a merely ministerial act, and the particular subsidiary form by which it was accompanied and accom plished was a matter of no moment at all. It was stated by his learned friend (iSir Fitzroy Kelly), that the object of the set was to cut off all connexion with the see of Rome in the making of bishops. Be agreed in that. But his learned friend would limit the operation of the act to any immediate and open connexion in the election of a bishop with the se., of Rome. So to have confined it in these days, would be to make it nugatory and of no avail. They knew from history that chronologists dated the epoch of the Reformation, in this country, from this act, At that time all the exiting bishops, with the exception of the Archbishop of Canterbury, ware papists, and it was necessary that all the avenues to inter femme with the rights of the crown in making bishops should be guarded by this act of parliament, lie had now to examine whether, supposing it was the duty of the eicar general to act on the opposition about to be made to the confirmation of the Bishop of liereford, a mandamus would lie at all, and whether it would lie as coming from the par ties opposing in this case, and for the reasons on which they applied to the court. It was stated by Lord Holt, in the ease of "Lucy v. the Bishop of St. David's," as reported by Lord Raymond, that the court would not interfere with the ecclesiastical courts while they were dealing with spiritual matters. Now, this was a matter purely ecclesiastical, and therefore the court ought not to interfere. But, supposing that • mandamus did apply, could the parties in the present mm Rieke the application. On what grounds did they ap pear? Had they any temporal interest, or any interest of any kind, which smiled them to some to this court it was mei stem, Bebe bishop were elected, he would become • spiritual judge, and that the applicants, %to were incum bents in his dioee,e, had, therefore, an titer est in his election. But his jurisdiction as • spiritual judge was not confined to them. As a spiritual judge, the bishop interfered in wills ; he granted the licenses to all schoolanutere of grammar abeam Who woe there who had not an interest of this kind la the election of a bishop ? But was any person, on that se count, entitled to come to the court and sib for a mandamus? This would be contrary to all the rules and regulations by which their lordships had been governed. In the case of the mayor of a borough, who, from the nature of his office, was a justice of the peace, would it be contended that all the per sons within hie jurisdiction could come and apply for a mandamus? Mr. Justice Coleridge said that case had been decided in the city of Hcreford itself, Cofer the oid law, a person was admitted on the express ground that he was within Lis juris diction. Mr. Bill said he thought his lord►hip find that was a different case. Mr. Justice Coleridge—But had not the bishop a great deal to do with the temporal interests of the incumbents. Mr. Hill said be apprehended the interest, in the peescat cue, was so wide, end extended to so many person., Casa the application might come from any one. The interest wu not so well defined, and restricted to a small number, as to glee • right to come before the court. Lord Denman said the cane referred to was reported in 6 Adolphus and Ellis, and it was decided on motion for a quo warranto that it wu not a vedid objection that the party there was not a burgess, his being subject to the juriedicdou of the ma or giving him a sufficeent interest. Pelt. Hill said the qe.eat ion, in thecase of a mandamus, wu somewhat different from that of u quo warrant°. Mr. Justice Coleridge—The come interact would do in both cases. _ ---- Mr. H i ll said be would leave that part of the case and pus on to the reasons which the parties here alleged for coming before the court. They stated that it was well known or justly suspected that Dr. Hampden had spoken in mau► fest derogation of the book of common prayer, and premed gated docrioes repugnant to the thirty-nine articles and that he was solemnly censured by the University of Oxford. Before commenting on the lameness and uncertainty at the allegations, he would observe t hat it was well worthy of remark that in none of the books produced on the subject of confirma tion was unsoundness of doctrine mentioned as forming soy ground of allegation. Any unsoundness of doctrine in seeped, to tho ritual of the church of Rome or the expression of a doubt of the soundness of her articles of kith would have been heresy and a capital offence, and would not be inquired into by an examination of this kind. He should no more expect an inquiry of this kind in Romish times than he should now that a bishop elect had committed murder. There was no instance to be round in the many instances of applications for a mandamus during the hut 200 years, of a mandamus being granted to inquire into a criminal matter where the piney supposed to be guilty of the offlinee was not a party to the enquiry. Mr. Justice Coleridge—ls not an ordinary coroner's in quest an instance 1 Mr. Hill—That is a ease of inquiry. Mr. Justice Coleridge—l thought 'unmentioned inquiry. Mr. Hill said he meant a case of inquiry leading to judg ment. Here the judgment would be final. and had no affinity to the cue of a coroner's inquest, which woo merely the preli minary to a future and more solemn investigation. He thought, therefore, that uo analogy could be found at com mon law for this proceeding. Before the Reformation he found no trace of a precedent fur the application. Offences in point of doctrine were certainly ecclesiastical offences, but they applied to all ecclesiastics and not exclusively to bishops. lie thought that learned counsel on the oppesite side were bolted to show that, if a mandamus issued, sine practical result would follow. Even supposing the manda mus granted, what ground was there fur believing that the parties could prove their charges before the archbishop? In the:r affidavit they founded their application on two books, which they said were "justly suspected" of lexity in dos trine. Why this " justly suspected" overrode the whole charge. The books were written to show the evils of dog matism in theology. Could that be considered so very great an offence ? Doctor; Johnson was allowed to have been a staunch churchman, and he defined a dogmatist to be a magisterial teacher, and said that dogmatism in religicu was not unlikely to lead to bloody revolutions. As an instance he gave Dr. Watts. (A laugh.) But Dr. Hampden was only " suspected" of opposing dogmatism. Suppose Dr. Hampden had disputed the dogma of the " Eight divine of kings to govern wrong," would that be so very serious an offence. lie contended, then, that this charge,which was the only fact, war not fit matter to be brought before their lordships. But the whole statement was of such a loose kind as to show that the persons making it did nut pledge themselves to anything. Their lordships would see that they had not brought them selves within any of the requisites of a mandamus. Man damus wes not a writ of right but of discretion se had been decided in the cued the Commissioners of Excise...a decision which Lord Ellenboroueh bad confirmed. In another cane, Lord Tenterden had decided that it was a writ which the court meld give or withhold at discretion. (9 Harwell and Creswell, vol. 4, 8460.) Having regard to all the circum stances ofthe case could their lordship's imagine that any good result would follow from granting a mandamus in thee case ? It was admitted that the conformation, or at least the election, could not be rescinded. What, then, would be the utility of attaching this confirmation ? But he put tho us* too low. What would not be the mischief of granting a writ which must cause a vacancy in the bishopric during the life of Dr. Hampden. Was it pretended that if this election were voided, the crown must issue a fresh conga craire ? If it were, could there be a more direct intend: renee with the pre rogative of the crown ? Surely their lordships would not take the first step in a proceeding which might terminate in • vio lation of the rights of the crown. Would their lordships have those qautions of doctrines, which, if discussed at all, should be discussed soberly and by men of learning and dis ciplinee minds, discussed openly in Bow Church, and before the multitude ? Such discussions, so conducted, seldom:ended in the discussion of the abstract matter, but ended is steps for abolishing the temporal establishment of the church. A great satirist had alluded to thi', in specking of the times, when Oyster women locked their lee op, And trudged away to try " No Bishop'" Might it not also interfere with the great question of the day—public education. Could we spare the c 4 rgy from this for distracting discussions on points of theology. Lit all fictions and idle forms in our religion and in law be got rid of, but not in this way. Not by breathing into the dead form a new life and power, but by legally and properly abo lishing the forms themselves. Better an unseemly fiction than a dangerous reality. Dr. Hayford followed on the same side. He eommeeced by calling the attention of the court toe chapter in " Bleck stone's Commentaries," in which it was said that hither: is were originally filled by tit ctinn, but that, these el,ctions becoming tumultuous, the Emperors gradually took the matter into their own bands by taking to themselves the right of confirmation, and investiture with the temporalities. This was the practice previous to the interference of the Papal suthority. Having de.cribed the practice under the Papal regime Blackgtone proceeded to show that in the reign of Henry VIII. the right of election was restored to the crown. Thus both in " Ayliffe's Parergon," and is " Blackstone " it was shown that the right of election rt sued originally with the crown, and was only restored in the retire of Henry. The act of Edward VI. spoke of the elec. tion prxisely in the same terms as those used by Sir W. Blackstoce. It was mentioned in similar terms in the Irish statute quoted, and thus they had the principle confirmed in two statutes—one in England, the o'her in Ireland—and in the writings of the most distinguished jurists. There wee no word in the statute of Henry altering the prerogative of the crown ; it merely related to the " manner and fathion," not to the principle of the thing; it lett that untouched. The prerogative was merely rewired to its donative power, as it 644 stood previous to the Papal parenthesis, so to speak. He would at this stage of the argument call their lnrdships' attention to the forms new in use in the confirmetion of deans and °hareem. be " Oeithton's Ordo .1 adici, mine," it r war shows Misfile tie elenies aims of St. Paul's, fine** mandate ease deem num the Wimp, and that was gincle Th i more full than the episcopal mender as it came doweartna • • the crown. Bat they had met bred of parties opposing the admission et isms es essesse. The statute was as , plieit rsepeeft them* elestions, and showd . that the • •:' :, I . = l re . amdabliptilf was peremptory. The Orris ( I ham as abstract right to be heard arum. •-- lirl r Mk Amiss, bet if the legislature had in their perticular . : ow I am elmemit proper to override the right, and to ?twists so • , lt ill .....4.7. j tribunal far its ductusion, they must remain in ta• . lei Wier parties similarly situated . The I •1: I ' 4)2e • I quoted a long extract from " Ctmelltan's Ord'," 'l, N 2..... i I st re•' 7 ay let' The ' should PROCEEDINGS THIS DAY. MANDLYOL—THE BISHOP or Hausman.—The inteMet I which the public has taken in this case remains unabated. On the opening of the court this morning, every available seat was immediately occupied. On the judges taking their seats, Mr. Baddely said that he had received a note from Sir F. Kelly, stating he was suddenly taken unwell, and would not I be able to attend court that day, but would do so to-morrow if he was able to more. Neither was Dr. Addams, who did not expect to be called on to 'dares the court till late in the day. In their essence he hoped the court would allow the cam to stand over. Lord Denman said the court would hear the counsel on the other side. Mr. Hill then, in continuation of his argument, com menced by calling the attention of the court to the bth sec tion of the 25th of Henry VIII , which required and com manded the archbishop to confirm, invert, and consecrate the bishop elect, and to use all such benedictions and ceremo nies as were necessary. It was said that this recognised that the archbishop was to do everything necessary for coa lfinnation ; and it was inferred that the matters specified were mattes of substance and not of form. But the words used, namely, " benedictions" and " ceremonies," showed that they scald have no reference as to controversy of his title. lii would cent proceed to the 7th section, which sub jected the archbishop to the penalties of a primacies if he referable eledlrm, invest, and consmaste, the penes nomi nated hp the mown, within twenty day'. Wu it posible, if these note= were matte's of enbetance, that the seekbieh.p mould resat without the denser of a primanire ? The Buhr of opposers was net limited—es was awe any Ink to lie amigos* of opposition. 'noy might spread ever the deb Yb el the sleet—bin smnalti his kissing, his dostrins, nag, his might be brought We sow trews) sad were to be disposed of within twenty days. An intoingrey to theme subjesta might lam, not fur twisty days, but for twenty years. And yet the exebbilhop woe to be sabject to a pramanire if be did not confirm, imam; and consecrate within twenty days! The most material pert of the set was that which had re-