The Express. — London, England, 1848-01-27 00:00:00

if pairy into fitness might be postponed from day to day without any prejudice to the bishop. But the ease of • per ms who was deemed lit for • bishop by . the minister or the crown, but whom moral or immoral habits were unknowo to the nominating parties, was it not near glary that an inquiry into his them should be instituted, as in the case, br instance, of a person who had raided abroad. Again, suppose the crown was to nominate a layman to the office of bishop—for that, according to the argument an the other side, was the intent of the kingly power is this re spect—would not there be thus installe d into the office of judge over the doctrine of the clergy of have • whole diocese • person who mioht not ever subscribed to the Thirty.nine Articles t If • prime minister were not well affected towards the principles of the Refer mstion, he would, according to the argument of the ether side, have the power of p:acine on the bench of bishve men inclined towards the Roman Catholic faith ; and if he remained, as many prime ministers had done, a long time in office, he might render the majority of the bishops • body hostile to the doctrines of the church of England. The arch bishop, therefore, according to this rule, would be reduced to a mere registrar of the nomination of the crown or the prime minister; and however unsound might be the doctrines or immoral the habits of the bishop elect, no power existed in the church witsreby confirmation and consecration could be refused. With these observations, and trusting to the equitable jurisdiction of the court in a ease so important to the interests of the church, he would leave the case in their lordship.' hands. Left speakin g .—The conclusion of the segfoteot will be published in a Second Edition. _ _ _ SECOND EDITION. DR. HAMPDEN'S CASE. COURT OF QUEEN'S BENCH.—This DAY. (Continua from our first edition.) CONCLUSION OF THE ARGUMENT. Sir F. Kelly solicited the indulgence of the court for a short time, whilst he occupied its attention in the present ease. Nothing Ism than the immense importance of the ease would have induced him to say one word ; but that importance was unspeakable, and rendered it imperative on him to be certain that the whole case was before their lord ship., in the firm belief that they would, following the ex ample of the wisest and moat learned of their predeceesormtake measures to put the case into such a shape as . to emelt!' hi be carried before the highest ju dicial authority is the kingthwa. It had been contended that the case involved the prergs. tion of the crown, but did it nut also involve the religious welfare of the whole community. Whet was the reel nature of the question ? The Attorney-General had con gaed it solely to the prerogative. He (Sir F. Kelly), denied this to be its basis. Hu nod hie learned friend had admitted the whole queatioe, as to the undeniable prerogative of the crown, to nominate to a bishopric; but there was a wide distinction between theexercise of the prerogative of nominating • bishop and the ecclesiastical ceremonials consequent upon that nomination. The one teas done in a temporal capacity, the other was • purely .spintual act, only to be performed by ecclesiastical authority. The right of the archbishop to examine in an ecclesiastical sense the fat ness of the candidate was hot tensible, and could not be disputed. This right on the part of the archbishop bait been exercised from the time of the apostles until the hour at which ho addr.s.rd the court. It be gan ie the time of St. Paul, as was evident in his Epistle to Titus, and it had been excrcocd by the church in all times, and by all sects and divisions of christians. from St. Paul's era down to the present day. And yet this solemn proceeding was to he treated as • mere mockery and a form. Ee (Sir F. Kelly) could not so consider it, for if the ceremony were • form, he was at a loss to conceive how any other part of the ceremony or proceeding of nominating a bishop could be other than a form. To admit such an argument would be equivalent to saying that every oath that had been administered on such occasions on the Gospels, by all the kings and prelates from the time of archbishop Parker to the present day, were mere forms, and not bindlne. To such an argument, which! he would almost pay was impious, he could not for a moment believe the court would assent He was firmly convinced: that he should prove to the court, that the statute of Henry VIII. did, whilst it con ferred the nomination of 'bishops on the crown, except front all interfere nce the ceremony of couflrmation, leas.ng that as it was her,re, with the exception of prohibiting the Pope or any foreign power from having any authority to cootirm or consecrate ecclesiastics or bishops within the realm. The history of the nominationtof bishops, as laid down on the other side, was correct, save that it was, in his belief, originally vested in the people. In procf as of time it became vested in the Pope, and when the power of nomination reverted to the crown, it became so under the same stipulations that the Pope had possessed it. Now, with respect to confirmation, there was no authority to show that this ceremony had ever taken place, without subjecting the individual to aaaaa mination. In the Scriptures themselves were found the origin of this proceeding. St. Paul referred Titus to his reasons for leaving him in Crete,riamely, in order to examine into the fitness of the persons appointed to be bishops, and to be certain they were such as held fast the faith that was confided to the immediate followers of Christ; and ytt, a ceremony which hail been in force for seventeen centuries was to be held and deemed to be • mere mockery, which might be dispensed with at pleasure. All the foreign jurists who had written on the canon law expressly set forth the doctrine that confir mation was essential ; and the English jurists who had fol lowed those writers, and who had occasion to write on the subject of confirmation, had adopted their expressions and (verb &etc' their views. In Germany, where bishops were ales :temporal princes, confirmation was always an eccle siastical ceremony, in whomsoever the power of appointment might be. The only exception to this rule was laid down by Lancellotua, but that exception was made by a writer who lived under the jurisdiction of the Pope, who had, as the head of the church, the undoubted; power to appoint without confirmation. So that the very exception relied on by the other aide only tended to corroborate his (Sir F. Kelly's) doctrine, that confirmation by some high ecclesiastic's' autho rity wise an indispentiable sequitur to thi nomination of a bishop by tie crown. How did it happen that, whenever the sub ject of confirmation was referred to in the law hooks, it was always found to be treated by the judges as part of the law and usage of England in exactly the same way as it was considered in foreign countries? He turned now to the statute and the great question now to be determined, viz., whether the statute altered the process of confirmation, as established by both foreign and English authorities, or whe ther it was riot confined to the prevention of the interference of the Pope. He did not rely upon the title of the act, which had been so much criticised in the course of the argument, but he referred at once to the 3rd section,which was said strictly to require confirmation under the penalties of prmmunire. By the direct terms of that statute the proems of confirma tion was to Temkin as before the act, saving and excepting the interference of the Pope. The mealtime of the section was, that all the forms of election and confirmation and con secration were to remain the same as heretofore, with the exception that no payment should be made to the Pope for bulls, nor should the Pope in any way interfere. On the part of the promoters of this case,he (Sir F.Kelly) submitted that, under the statute,there must be confirmation and consecration, according to the usages of the Christian church; on the other bandit se as contended that these forms were merely ministerial and that the archbishop was compelled to confoi m,or be liable to the penaltie- of prmmunire. What was the actual process of confirmation, as it had existed for the last 300 years ? The Attorney-Oeneral had insisted that, however unfit the bishop elect, the archbishop was bound to confirm him in his office within twenty days. Now, if that was the con struction of the act, it was negatived by the form of consecration as contained in the Book of Common Prayer. In that form their are many questions put by the archbishop to the bishop elect. One of those questions had reference to the point of doctrine and teaching, and the real question was, the fitness of the individual as to sound ness of doctrine and teaching, and from that question the Attorney-General must satisfy the court that this also was a mere form, and must be struck out of the form of consecra tion, as contained in the Book of Common Prayer. His learned friend must show, in order to succeed in his view, that the ceremony was also only one of form ; and that at the consecration the duty of the areh bishop was in that process also only ministerial. This would be worse than a mockery,—it would be an impiety, which it war unworthy to impute to the legislature by which the statute had been pawed into a law. It had however been paid that thin was an attack on the prerogative of the crown; but after what had been said it was scarcely necessary for him to enter upon the considerations of that question. He admitted that the crown had the right to nominate to the dean arid charter, but was there anything indecorous to the crown to say that the church must afterwards • examine into the fitness of the persona nominated. In this there was no irreverence exhibited towards the crown. Even in these times the crown might be deceived and a minister of the crown be mistaken, and what security would there be to the nation that, in the event of a sovereign of the tenets of James 11. filling the throne, the bench of bishops should not be occupied by Roman Catholic,. Such might be the case if the construction put upon the statute by the other side was allowed to prevail. He (Sir F. Kelly)apprekended that the court, locking to the divine origin of the form of sonsecration—looking to its existence for so long a period of time—looking to the authorities, foreign and English—would pause, before it interfered with and destroyed this solem and important ceremony and proceed ing on the part of the church. The statute had not been acted upon in the reign of Edward VI., or that of Mary, when the Roman church was dominant; but it came into full operation and practice in the first . year of the reign of Queen Elizabeth, and had so continued until the prevent time. By Elizabeth it had been revived, and on the election of Archbishop Parker, at a time when the attention of the whole country was devoted to the rejection of the interference of the Pope, every step and stage of the proceedings, which the other side now pay was a useimis foim, was taken as they had bees in the ease now b fore the court. From Bramhall's work it was sbswn that every stage of the proceedings—the ass =Tifton as to fitness—the citation of opposers—their ex amination on oath—andall was done which he (Sir F. Kelly) contended should have been followed up in the present cam. There has never been an instance in which any portion of the form hid been abrogated. The books presented no amok instance, and he defied his learned friends to produce say such precedent. With regard to the question whether tke citation of opposers was, tinder the law, a part of the duty a the archbishop, all history confirms that such was the hw and the usage. The statute preserved these forms unaltered, instead of dispensing with them and setting them aside ; And, this being the state of the argument on his side, It was only by difficulties as to form that the other aids had .;bsen able to raise a shadow of an up- THE EXPRESS THURSDAY EVENING, JANUARY 27, 1848. meat. It was urged that this wed bad not the authority to interefere, inasmuch as the emit eiffio archbishop had no juriediction to esamisse mitoses', ana because the bishop elect was not a petty. Could it be contended that that court could met site and examine witnesses tamed, g so. the bishop elect adight be cited es • party to the articles exhibited, as to his illness for the office to which he had been nominated. In Archbishop Parker's case this had been done • witnesses hod been examined on oath, and he could not dou bt that the IMO might have been done in the ease now under considera tion. If there were any doubts on the subject of the autho rity of the archbishop, it was most essential that they should be settled. It appeared to him, however, that there were no doubts on the subject. As to the mode in which the arch. bishop was to proceed in the ease of a bishop elect charged with offence, this, he apprehended, was for the archbishop to determine, acting, of course, according to established prin. alpha. In the case of an attorney, whom it was moved to eisike off the roll', the court decided, according to its own rules and principles, whether or no the name should be so expunged, and his without any reference to the question whether or no the offence charged was amenable to the common law. He apprehended that this principle applied to the ease of an arch, bishop celled upon to decide as to the conduct and eba. natter of a spiritual dignitary. As to the objections which had been made to the application forma nd j mus, he UM embroil they were unsupported by argument. The mandamus taught was no interference with the justice or with the prac tice of the spiritual court, but simply the recognised exercise of the prerogative inherent in the superior court ofeorapelling the inferior court to administer justice when it refused to do as. In the case of the " King v. The Justices of Kent" (a similar case in point of general principle, where the jus tices had refuted to proceed in a matter, and a mandamus was applied for to compel them to proceed), Lord 1111enhorough said : "If the justices had rejected the application made to them in the exercise of the discretion vested in them by the legislature, this court would not interfere ; but if they rejected it on the ground that they had no power to grant it, the court would interfere so far u to set the real power of the magistrates in motion. If the magistrates had heard the parties, and bad determined that by the law and usage of their court those parties could not be he..rd, I have doubts whether this court could hare issued a mandamus." The learned counsel then dwelt upon the essential necessity of the head of the church in every district being of unimpeachable orthodoxy. He concluded with an earnest appeal to their lordships ma turely to weigh the high, the unspeakable, importance of the question now submitted to them. It had been complained by the solicitor-general that those who instituted these pro ceedings tended—he did not say sought—to disturb the peace of the church. Let it be borne in mind that the peace of the church might be more disturbed by the appoint ment to its higher dignities of one who laboured under a deep and wide-spread suspicion of orthodoxy, than by an honest and decorous opposition to such appointment. Jus tice, the people, and ufts r times would decide, rather than their lordships, which of the now contending parties—if they could he called contending—were most obnoniats to tne imputation of disturbing the peace of the church. He would now sit down, concluded the learn, d gentleman, satisfies' that their lordships would deal with this great and solemn question upon those high principles which had ever actuated themselves and their predecessors, and which the people of this country looked for, in the decision of a question involv ing all that was dear and sacred to them. The Attorney-General said, lie now rose to exercise his prerogative of reply. Lord Denman said, he did not call to mind any precedent for such a course as a matter of right. The Attorney General said, neither did ho rem, mber any precedent; but too abaiinco of a precedent or we from the absence of any case in which, as here, the voice of the crown w .s made use of with the view of smelting the prerogative of the crown. There was a case, indeed, reported by Manning and Ryland, " Roe o. Brenton," vile re in a matter relating to the Dutchy mines in Cornwall, Sir Charles Wetherell's claim to be heard in reply, as Attorney-General, was-refused by the court, but this was because it slid not appear that the crow n was directly interested, the Attorney-General not having, as he (Sir John Jervis), had here done, certified that the crown was so interested. Lord Denman said, his impression was, that in the ease re ferred to, Sir Charles Wetherell hod certified to that eff,ct, which was the ground on which he removed the case from trial at nisi prius. The Atterney-General admitted that, on ',collection, Sir Charles Wetherell had certified in the case, but, admitting this, the refusal there operated as no precedent here, the whole character of the cases being entirely distinct. Lord Denman mid he had some considerable doubt as to the Attorney-G. ner-il's right to a reply. Reconsidered that in all there Cable it was entirely within the dimes lion of the eiurt to say whether or no a reply should be allowed, that decision turning upon the course which the arguments bad so far taken. Sir Fitzroy Kelly opposed the claim of the Attorney- General to a reply, on the ground that the court ought not to increase or extend the prerogative of the crown, which would be the effect of giving admission to the claim, in the absence of any stated precedent. If a precedeatcould be alleged, the court, of course, would attend to it. In the very case of " Roe v. Brenton," just cited, Lord Tenterdea had distinctly declared that, there being no precedent for the Attorney-General's right of reply, the court could not admit the claim as a nght, but would let the case take its ordinary course. The learned counsel proceeded to contend that, even were an absolute mandamus granted in this case, it would not affect the prerogative of the cr .wn ; it was simply a mandamus requiring an inferior court to hear certain parties whom it hail unjustly refused to hear. He further referred (Clarke and Finnelly, 1, p. 200) to a ram be fore the House of Lords, where their lordships had also ultely rejected the claim of the Attorney-General to be heard, even in general reply. In the O'Connell case he had resisted a similar claim on the part of the Attorney-General, but no decision was come to, Sir Wm. Follett waiving his claim. Lord Denman was very jealous of the idea of any vested right in counsel to a reply in these cases. He would repeat, that he conceived it to be altogether a matter of discretion with the court to say whether a reply should be allowed ; that the court had the clear right to prescribe the course which it deemed most convenient on the particular occasion. On the present °cession, it was the opinion of the court that it would be more convenient to hear the Attorney-General in rel. K . e Attorney-General, while respectfully asserting what he considered to he a right of the counsel, holding the office which he had the honour unworthily to fill, thanked the court for the indulgence accorded. He then proceeded to contend that the arguments adduced to show that the rule moved for involved no infringement upon the prerogative of the crown, entirely failed in their object, and that the authority of the statute on which he and his learned friends relied had been fully vindicated by the speeches and citations of the counsel on the other side themselves. He next adverted to the mit thievous discrepancies which might be established within the bosom of the church,—of the consequences of granting this mandamus, and of thus making an opening for the introduction of three separate tests of orthodoxy in the three ecclesiastical jurisdictions of Canterbury. of York, and of Ire land. How was the difficulty to be got rid of ? In the plainest and most conclusive way, and pointed out by the statute — by the temporal head of the church the party to appoint, and leaving the matter to be dealt with by the prerogative, and the ministers of the crown responsible for its exec eine. He could conceive no means more effectual for overcoming the difficulties than that pointed out by the statute in question. Ile admitted that, under the old canon law, the parties confirming might exercise a power of inquiry as to the fitness of the party elected as their was no other means of inquiry pointed nut by the law. This being the canonical mode of confirming, it appeared that contests with the Pope on the subject were in consequence of the exactions made by the Pope from bishops tor confirming them. The 23rd of Henry VIII. made certain arrangements as to those payment* ; it did not abolish theright of the Pope to confirm ; but the Pope still continuing his exactions, the 25th of Henry VIII. was passed, which, af•er reciting the previous statute, made provision for con firming in this country by the archhithop or bishops, without the aid of the Pope ; and the bishops were to he nominated to their sees as of old, before the encroachments ot the Pope by the King's nomination. How was that done ? By the delivery of the ring and star when there was no confirmation. There was no ground whatever for the fanciful distinction drawn by his learned friend, Mr. Bsddeley, as to the penal. ties of prtemunire lying as against the dean and chapter for refusing to elect, while it would not do so as against the archbishop fur refusing to confirm. His learned friend had said, would it be pruper to c -nfirm • heretic or lunatic? He would ask, would it be proper to elect such a person if named in the letters missive. He would admit the case, that the party elected had been guilty of a hrinonsoffence—what was the archbishop to do 1 He must obey the act of parliament. If the party elected answered satisfactorily the questions put to him at the cotimiemtion, and which the statute had pro. vided for 'lndic inn against the admission of improper per sons, the archhishoo must confirm. This very point had been considered a pamphlet from which he quoted stated in reference to the cam of an improper person ing moiled by the king, the course was for the electors, before the election, humbly to represent the matter to the King. To say that the archbishop was to inquire and decide whether the party nominated should be confirmed or not, was to give him a veto on the Kiog's pre rogative; and unil , r the Roinish church, as it for merly existed here, or rifice the reformation, had it in point of fact been otherwise. The archbishop, the clergy, or the electors might petition the crown to nominate another person, and it was always held, that in all cases that would be sufficient. With regard so the authority of the canoeists he submitted that it could only have weight where it could he shown that the canon law was incorporated with the law of the statute. No reliance then was to he placed on the constitution of Othobon or of Peckham. In the case of Archbishop Parker, the circum stance' were different from the present; therefore, the precedent was inapplicable. There was only one other point to which he would refer. The same ques tion now under consideration was incidentally raised in the AuchteParder care, in respect to which, a high authority, Lord Brougham— Lord Denman here made a gesture of dissent, The Attorney-General : If his lordship thought he ought not to refer to that case, he would not do so. Perhaps he ought not. lie would only therefore further trespass on the indulgence of the court to implore their lordships to de cide the case at ea early a period as posetble, and to esprees a hope that they would not disturb the minds of the clergy by doubt, which would be occasioned by referring it to • place where there was a possibility, but not a probability, of inquiry. The Court then rom. CREDIT AT ORFORD.—Nothing eau more stric ingly prove the scandalous readineei with which credit is given at Oxford, than the fact that the Bishop et Oxford =t a :radii there for strsightfonrudases and dacerity. THE IiOMEWAR/) IA MMAIEXIC LS AN AND WEST • IND. SOIMIAMPTON, WEDNESDAY NIOIIT.—The Teviot, royal mail steam-ship, Lieut. Philip But, R.N., command ing, has not yet made her appearance, although due at the Poet.tielee sinew the 22nd instant. In CIA! - however, any degree of alarm may exist in the minds of those ' who hays friends on board, it may not be amiss to state that she is not expected to arrive here by the company to which she belougs until to-morrow, or Friday at the farthest, in consequence of some little irregularity having occurred , with one of the steamers conveying the intereolonial mails. This irregularity was the result of the late tempestuous weather; and as the Teen, could nut leave Bermuda, her last port of cell, until the arrival thither of the mails alluded to, the cruse of her non-appearanee at Southampton at her usual time is fully accounted for. The Madrid, l'eninsular steam-ship, in ordinary weather, would no doubt have arrived to-day, but it baring been blowing strongly from the east and north-east since her de parture (tom Lisbon, bee progress across the Bay of Bis cay, has meet likely bun mush retarded. She is, how ever, looked for in tbe poem of to night, or tomorrow morning. TUE CONWAY TUBULAR BRIDOL—By hot Thum day, we understand, about 200 feet out of 400 of the wooden supports to the tube have been removed, with which the tube exhibited no sensible deflection. When they are all re moved, the bridge will rest on two temporary pillars con structed under its ends, for the purpose of testing it. By this dsy it is expected the whole will be removed, and the invention be fully tested. After that it will, with all cape ditien, be floated to the piers in the river, and raised to its proper place. In a work of this ►ort so much uncertainty exists, that credit is due to the ungineen for having hit the time so nearly as they have. We understand Mr. Brunel was t►ere the other day inspecting the bridge. If all things go well, it is expected that the sins to Bangor, 591 miles from Chester, will be opened for goods traffic by the lat of March.—Chester Courant. CO;IIMERCIAL k MARKETS. MONEY MARKET & CITY INTELLIGENCE. Two o'Cloek.—We have to-day to notice a further relaxation in the rate of discount at the Bank of England. The minimum is now four per cent. per annum, the reduction on the former charge being one per cent. The alteration appears to be one of importance, but so far no material effect has been produced by it at the Stock Exchange. Console be gan at 89 to 1, from which they receded to 881 to 9, and rallied to 891. This was after the breaking up of the Bank parlour, which took place somewhat e..rlier than common, so that the feeling of the board in I avour of an abatement of the rate of discount may be sup posed to have been nearly or quite unanimous. Things have since flattened again, and the present Consul quotation is called 891 to 1 for account. Ex chequer Bills are 28s. to 31s. prem. There have been no dealings of the smallest conse quence in the foreign funds, the quotations for the whole df which are little more than nominal. Danish Stock, 83& to 41. Dutch Two-and-a-Half per Cents, 531 to 41; the Four per Cent. Certificates, 85 to 1. Mexican, 18 to 1. Five per Cent. Spanish, 201 tot ; the Three per Cents., 301 tot ; the Passive Debt, 41 to 1. Six per Cent. Chilian, 88 to 90; the Three per Cents., .50 to 2, Peruvian, 35 to 41. I'ortuguese, 251 to 61. New Grenada, 19 to 20. A supplement of the Gazette de Breme having ar rived at Haraburg, announcing the dissolution of the King of I)enmark, the Danish funds at once declined in the Bourse of that place, although a fatal termination of his Majesty's severe illness had been so fully antici pated. Great political complications were expected to be occasioned by the unfortunate event. Money was extremely plentiful at Hamburg, the rate of discount being only 3i per cent. per annum. The temperature was at 16 degrees of Iteamur. Three e'Clock.—The result of the Bank meeting this morning, as stated above, has, down to the mo ment at which we write, failed to exercise any par ticular influence on the public securities. Consols remain steady, at 891 to 1 for the account, with a very limited business. It is altogether a tranquil day. ENGLISH FUNDS . Bank Stock, 1984 2004 1 per et. eon. for M., Sat 3 per CL KW. Ann., 89 34 per Cent.. 40 it a wr CL Cona 8.11 6 aeloeuer UWa, 27.. to 8 08 . F. YORKION FUNDS. 6 per et. Anvtrian Honda 104 1 per Cent. (Dotal& 19 20 16 per CL Delp. Sunda 88 Pl) Grenada Deferred IFir.. 3 6 26 per Cent. ditto, 6 per et Menlatn . 1646, 18 6 per eL 83 6 a per et. Peruvian Ma.. 37 10 Ohio Nes, 76 8 ' Portage... Con, ltde, 27.4 64 per et than.. arm 8d.,. 30 2 6 per Ct. Ituavlan tilt.. 108 10 Ditto Milian thin. 88 PO Diet. Sinnish Ihtto eolumt, Def. PAK, 3 per et. SPortleh IkW, AS Columbian Maul, f Spartlpth Deferred We.. 12 13 3 per et. Dalll-11 114., 1,3 4 Spant.ll Tansies 11.1,1., 14 2) per Ct. Do Dot-.. 54 2 per et Venettala 38 4 per Ct. Cert.& 'WWI. K. Venezuela Deferred 114...10 11 RAILWAYS.—Sham are firmer to-day, and very quiet. Brighton, 42 to I, which is rather better than yesterday. 6ALEB EFFECTED UP TO TWO THIS DAY IN LONDON. (Yestenlay's prime will be found in kat page:, Ambergete, Nott., Boston, kE. Lon. &N. Western, 132 2 h1.,1 I Do. Qrs., L. and 8., 114 Bristol & Eseber, 63 Lon. is S. Western, 34.1 5 4 aledratian, 331 Midland, 1154 11 End Angliin, 231., L. &E. and Norfolk, Guar. 85 per Ct., 5 4 L. & D., 121 N. British Halves, 121 ' Do., V. 10e. If N. stafforalehire, WI E. Caesium, 1 34 16 Oat, Wore., & Wolv., 20 i Do. Northern & Eastern, 53 Read., Guild., & Reigate, 74 E. Lancashire New, 9 4 Scottish Central, 30 Cit. Northern, 41 I Shrews. sad Bir. (A), 34 GL Southern and Western (Ire— South Devon, 23 land, 111 S. E. and Dover. 301 Gt. N. of England, 257 S Do. do. do. Thirds (N 0.4), 34 Great Western, 103 4 4 South Wake, 9 Do. Urn., 19/ Vats of Neat,'l Hull and Selby, 1024 York, Newe., & Ber. (Orig. Now. Lane. and Yurashire Qrs., 124 & Ber.), 314 Do. Fifths, if 1 Do. Eatenidon No. 1 (York and Do. Thirds (Red.), 5 d Newe.), 194 Do. Presto n end Wyre, 344 Do. G.N.P.. Poe. or Pref., 9/ f Leedo and Bradford, 93 York and N. Mid., 77 Lon. Bright., &S. Coml. 12 4 Do. E. &W. Riding Eaten., 36 London sad Greenwich. 6 4 Northern of Prance, 11 Sambre & Meuse, 64 LIVERPOOL SALF/I, JANVART 26. Birk., Lane., & Cheebire (late C. Proton and Wyre, 311 and II), 107 Shrews., Oewee., & ama i n d Do. 222. eh., If d Shrews. & Chester New, 4 d d Chester k Holyhead , 1 8 1 d , Cork and Bandon, 211 Ewa Law. New, 34 d Gt. S. Western, 131 d Huddersfield (C. & R.), If d Man., Sheff., & lin. Pref., 24E4 p Lan. & Preston 4 eh. , 9 p North Staffordshire, I p Lee. and N. W. New 6 p 8. East. and Dover. No.l, II I d Man., Sher, & Lin. Qrs. No. 1,11 1 York & N. Midland Pref., 7 Midland, 1154 York., Nene., and Ber. (original Do. 101. eh., 414 eh.), 33 North staffordshire, 4 p BIRMINGHAS This market again very tionory. Amber., Nati, & Bon, 455. d J•xcuy 2G. but price► remained eta- IBit., Wolv., & St. Vol., f a 41.F.9, /VICAR,' 26. tear, without change of prices. hi..., Kea., Mat-, & Mid., 24 d Man., Sheff., & Lin. Pref., 1-16 p N. Staffordshire, 4 f p Oldham Alliance, 16 d S. li & Dover, No. 4, 1 11-16 d South Yorkilure So., 11-16 There wan a moderate husii Birk ' Wt., and Okada. Junction, 13-16 d E. Counties, la Lane. & York. Fifths, par. Do.(W.ILU.), 2 13-16.1 Lon. and N. Western M. 3 B. Qrs. (B), 4 1.16 p HULL N. Befit& Quarters, Si. Do. Mire., 12f New Berke. Yj p JAXVARY 26. Black., am., and Bolton, 911 d Do. Prof., 1 d JANCAIIT 26. York, New., and Ber. Ex., No. 2 (late New Bee.), 121 Do. Pur., 91 YORE SALEI Great Northern, 41. 15s. 6d. 18a. In, and Bury St. Edru., 8 York, Newe., end Ber. Ex. No. I, TALLOW. —The delivery for the half-week io 1,991 casks. Following on the enormous deliveries we have lately had, it must be regarded u furnishing the strongest evidence in support of the position taken by us many months ago, that the trade were exceedingly bare of stock and the home supply unusually short. Should the demand continue with any thing like its present vigour, a considerable rise must be• the consequence. New Tallow is now a.tracting attention. Oct. to Dec., 44a. ; separate months, 445. 9d. CORN.—BARNSLEY, Jan. 26.—Our market was very thinly attended this day, and very little business was done; what was done was at a decline of from 6d. to Is. per 3 bushels in Wheat; and Barley, fully le. per qr. Wheat sold at from 18s. to 19e. 6d. per 3 bushels. Barley, at from 325. to 355. per qr. Nothing doing in other grain. _ • • BAKINOSTOND, Jan 26-The Wheat sold was at a decline. Best white and dry red sold at 141. per load good Wheats at 131. 10.. per load; inferior, 121. to 12 guincis. Floor, was ls. to 2s. per sack low( r. Bread as last week. Barley was plentiful, and trade brisk. The heavy wimples made Wt week's terms, but others were offered at a fall of lc per qr.; top price, 335. per qr.; lowest, 265. to 28s. Malt does not seem to go off freely at present. Oats were not very plentiful, yet last week's prices were scarcely obtained ; prices given from 18,. to 26e. per qr. Beans were is. per qr. lower prices ; from 445. to 48a. per qr. Peas, the best white, sold readily, at 45e. per qr. ; grey and maple were down Is. per qr. BOSTON, Jan. 26.-Farmers do not press sales ef Wheat to-day. Fine dry samples not lower; inferior sorts Is. per qr. only. In Oats and Beans the demand takes off the sup ply, without variation in price. Wheat, red, 40s. to 465. ; floe, 505. ; extra dry, 625. ; white, 42e. to 48s. ; fine, 62.1. ; extra dry, 545. Oats, 16s. to 21s. Beans, 36a. to 380, per qr. to the growers. CHICUESTEft, Jan. 26.-We have had but little Corn in fresh since last market day, consequently, the sale to-day was not large. There was a fair demand for most articles, at prices fully equal to last market day. Flour • slow sale, at Is. per sack decline. Wheat, 47a. to Ms. Barley, 275. to 335. Oats, 21.. te 245. Beans, 401. to 445. Peas, 365. to 46e. Flour, 375. per sack. HALESWORTI4, Jan. 25.-The show of Wheat was good. for which the trade ruled particularly Leavy, at • decline of le. per qr. Barley firm, and for choice qu alities our top quotations were more easily obtained. Wheat, white. per qr. 48a. to 525.; red, 425. to 495. Barley, 265, to 31s. Beam, and Peas, 345. to 40s. Oats, 245. to A& HA! IVAIAeII IitATS, Jan. 26.-A small show of Wheat, which met ready sale at our quotations; as did sluo Beans. Other grain very slow sale. Wheat, white, W. to 13i. I0s.; red, 111. 10e. to 124 Barley, 30s. to 335. Oats, 19s. to 21s. Beans, 365. to 40a. Peas, 365. to 375. Haulm, Jan. 25.-We had a fair supply of Wheat at market; the best sort fully supported last week's prices; second quality, Is. cheaper. Trade better for Barley. Other Cora about the same. Wht at, per lead, 295. to 3-ss. Beane, 325. to 355. ; new, 235. to 25e. 'Peas, 245. to 281. Barley, per qr., 295. to e. Oats, .22a. to 28a. NIWCASTLI, Jan. 2.5.-The weather still continues severe, and, as a necessary consequence, it is effecting a marked im provement in the condition of all Frain and, should the pre sent weather hold, we look for the tr ade experiencing some improvement. At our market this morning, we had a mo derate show of Wheat from the country, for which a steady sale sea experienced, ,at fully Saturday's rates, whilst by submitting to a decline of is. per qr., a fair business was dose in South Country qualities, foreign at the same time being held firmly for former prices. With Flour we are for the present overdone, sod factors, rather than make any f u rther concessions, are disposed to land. In Rye rather more passing. Malting Barley is exceedingly scarce, and choice Chevalier would readily c impend Ms. per qr. Malt unaltered. B 'fling Peas in good request, and, as the stocks are unusually light, we look for this article improving still further in rills. Beans somewhat firmer. Oats steady, with a tendency upward. AO/MORD, Jan. 26.-Our market to-day was about the same for the best Wheats as last week ; inferior, Is. to 2s. cheaper. Barley and Peas each Is. dearer. Beans and Oats the same. Wheat, 42v. to 564. Barley, 30s. to 335. ; grind ing, 2.55. to 295. Beans, 32.. to 40s. Peas, 365. to 42a. Oats, 21s. to 30s. Rye, 28s. to 325, SPALDINO, Jan. 25.-We have had a good number of Wheat samples showing at this day's market; so few of them in condition and fit fur immediate use, caused the demand to be very trifling, and but very few sales made, at an abatement of In. per qr. The market was not cleared, arising out of the pressure in Yorkshire and Mark-lane in the corn trade. But very few shipments are being made, consequently small sloops are at a discount. Undoubtedly, should the weather prove dry, ere long this dive of traders will again be brought into good request, as an improved condition will induce speculation. There was a little better demand for Oats; it can scarcely be said at any advance. The Bean trade was not brisk, but they mostly sold at late rates. Wheat, 40s. to 52a. Bert, 345. to 38e. Oats, 102. to 110. per stone. PRODUCE.—NIINcING-LANT., 11(411-past Two.— The Saga► market continues to wear an upward appear ance, and the public sale of 1,000 bags Mauritius went off with spirit, at a shade better prices. li fined firm; standard quality, 555. t.. 555. Od.—Cuffee The public sales are pro gression steadily.—Rice sold at previous ran-v.—Pimento ; 200 haploid treely iu puolic isle, at advance,3i to 4i.—?Nutmegs went off freely, at a slight advance ; wood brown, 3s. 61.1. to 3s. 74.—Jamaica Ginger sold at full prices.—Rum very firm; proof Lcewards, is Bd.—Cotton: A small public sale of Madras : 500 bah s sold, at full poici.s.—ln other articles no alteration, but confidence evidently increases in the colonial market. ------ PRICES CI Swans, per cwt. ours ram. W. Indla,li.F.born.3.l.. O&M, Od Yellow aL Grey 36 0..40 u Fine 41 0...4T 0 Youritios, brown- 14 0.. 24 0 Yellow 730.350 Fine 39 8..4i Fenian &Madras, b 29 0..32 0 White 39 0_46 0 Formica, brown 27 0. 31 • Yellow 53 0..70 0 Grey and whin, 37 4..45 U Relined, Ilaimbro OO 0...70 u Lamps 52 0-53 0 Corns, In Bond. West India, ordl nary 23 0... s 0 Good. Pimp 7O 0,100 0 Ceylon, good ordi nary .. ... 72 0... 113 41 [ryes oedlnat7 B4 0... 36 0 Fine 3B 0— 78 0 Rood tofine 50 0... 80 0 CUllth Kies, di nary to On e 35 1... 32 0 Sumatra and Ps &nor 23 0... 27 0 Ton, at per lb. Gangoti.eominom. 0 76... 0 Si lime, at per cwt. Bengal Corso..' Jun and Manilla It 1.. IS Paton, cleaned Carolina, 24 0... 28 0 !LI RR ENT. rigs, N. I. SS 10... 6 11 Hoops II 0... I I Cargo alCardlebar 7 0.. 0 II Swedish II 1... 0 S LeAD, at per ton. 17 IS .. 0 Fl Slt r ict i x t beet l9 5... 0 I Barn 29 0... 0 Patent shot 2l s?. red or minium , 19 10...20 Speller Pub per 252 Imp. 1.1. d.p. Flab, Seal, vAls SO 10.. 31 straw . - .... 26 1.29 brows Si yellow" SS II- 27 52 1 64 I lte e ad rr litallar 64 17_83 Cad .......... IS 0 ..231 South Sea. 27 4 .33 0 011ve,ClaRipoll„p.loo 44 e...• 5 0 Cocoa Nut 3ll 0...59 0 Seed, Rape, pale, per too 3B le . 09 0 ILloseed 23 15 0 0 Paormone, per cert. Butter—Cork, let.. •2 0...94 • 2nd 0 • • 0 3rd O 0.. 0 Dublin,lst 0 0.. • LJeserick, do O4 0..•1 Carlow, lst •0 0..•• Newry, Ist 0 •.. 0 Waterford s4 •.. e 2 lecf, lndmi, per tierce ...* 'rime Hem 0 0... 0 0 Pork, prime mew_ b 7 6...90 0 Bacon-Vork,l.mrk 1 67 , „.., . Do., Belfast i Bacon, Waterford, per cwt 92 0...63 0 Belfast ... ... .36 0..60 0 larcl,iklfat,Prh6 i 54 0...e 6 o Waterbed, do i Ditto Bladder American,dutyp. 50 0...66 0 Musa, On and Cow, at per lb. B. A. and M. Video, Zted oe. 3d es. 714 0 3 . 0 $1 Brazil, dry 0 40 6 Derailed ~..0 4 J ...0 41 Rlo, dry 0 44...0 31 Lima& Valp. dry 0 & ...0 6 West India, dry 0 4 ...0 3 Milted 0 34. 0 44 East India 0 4 . 0 108 Kigs, B.Ayree, dl 0 7 ..0 8 0. Amer.lione, per hide & 51 $ Rum* ditto 6 4 9 Des Woo, at per ton. Logwood,Jainaka E 4 0...0 Honduras • 0... • Campeachy 7 0... S rustic, Jamaica 6 10... 6 1 Nicaragua, largo and solid 10 0...13 Small . Lima 10 10 15 1 Napan 11 10...16 Red sanders 4 0... 8 Email ll 0...30 Rum at per gull. Leeward 'Wand Proof. Demerara, 21 to $6 per rent. O.P. ..... I ... Jazaalea, 30 to $6 per mut O.P. 3 0 ... 4 0 Fsmurite marka 4 0 3 0 Brandy, 101 brands 4 4 .. 5 6 Brdialt spirits, d.p. 10 $ ... 0 0 Bantry Irish lO 0 u _ Mira P.T:B7 .917 0...31 0 Petersburg, bend 0 0... 0 • Dutch and Flemish 33 0...11. Priealuod Hour, at pm too. St.Petershurg , clcan,e3 s 0...36 outsbot - ..... 111. 32 0..113 half clam 19ga, BMW 11 outsbot p as s Manilla Baal India Bnon lO 0...23 Bombay l6 0...1 luta Tug, at per evert.. Emma 0 0 *trans Cam. in blocks 82 0... 0 0 Isoson ler ton. /ors G S CO 0 HOPS. BOROUGH MARKET, Two o'C'ock. Mews. Pattenden and Smith report that there is an excellent demand for all descriptions of Hops, at improved prices. 1 New Mid &E. Recta 31. lu to6l. 0 I'nel:cc Kenus.p.mt. 21.10 to U. 0 New Weald of Kolas 2 16 to 3 0 l'earlice Susan „ 2 6to 3 0 New Nunez ...... .. 2 16 to 310 Old !t01e........„ 1 oto 2 0 BASINOTOILE, Jan. 26.—Trade not quite so brisk as last week, the severe weather having stopped brewing ; yet bright Farnhsms, Altons, and Bentleys, are no lower ; of the poor sorts, very few ca.. be sold at any price ; while for some, 51. 10s. to 61. per cwt. is asked; others are offered at 50s. per cwt. HAY.—SmaIInELD, Two o'Ciock.—Messrs. Cooper and Davie report the following quotations Primo Meadow 69%. to TM. I R0we..... 50a. to OD. j Straw 281. to IN. IniceLor CATTLE.— AuESTER, Jan. 25.—The fair this day was well attended ; business seemed to be brisk, commencing at an earlier hour than usual, The sales effected in Sheep were numerous; good Mutton fetching 64d. to 7d. per lb. Beef, of which there were some good samples, found pur chasers at fitcl. to 7d. per lb. Welch Cows from 121. to 141. LIVERPOOL, Jan. 24.—The supply of stock at our market today has been larger than hu.t week, the beet quality fetching late prices, and second.rate and inferior met with dull sale. Beef, 5.1. to 7d. per lb. Mutton, 61 to 71d. • SOUTHALL, Jan. 26.—Trade dull, and prices about the same. Beef made from 2s. 6d. to 4s. Bd. Mutton, 4s. 11. to 4d. Veal, 4s. 2d. to bs. 4d. Pork, Is. 2d. to 41. 64., per stone of 81b., sinking the offal. tor Yesterday's Markets se* last page. SHIPPING. M• its A RRIVED.—Dublin, 2; Waterford, 2; Donaghadee, 2 ; Guernsey, &c., 1 ; Flanders, 1. Lownos, Jan. 27.—Wind this day at noon, E. by N. • ' fresh gale, and fine clear frosty weather. Ore ST. ALBAN'S Jan. 23.—Vilulia, of Jersey, Rio Grande. PLYMOUTH, Jan. 26.—E. Arrived 25th : Waterloo, Batavia; Bucephalus, Penang; Zodiac, Surinam. 26th, Conrad, Rio Janeiro, for Hamburg. FALMOUTH, 26.—E., strong gale. Arrived: Zieland, Batavia ; Plantin, Rio Janeiro. LIVERPOOL, Jan. 26. —E S.E. Sailed: Wanderer, Trinidsd ; Jessie Miller, Calcutta; Beethoven, Ceylon; Lord Nelson, Sylph, and Mary, Africa ; Windsor, Brazils. WHITEHAVEN, Jan. 26. N.B.— Sailed: Penelope, ' Grenada. Cons, Jan. 24.—N.E.—Arrived, 23: Cremona, fit. John's N.B. Cowie, Jan. 26.—The Torre, Alexandria to Antwerp, I has put in here, reported to be leaky, and moat discharge ; The Providence, Rio Janeiro, for Antwerp, arrived here 20th inst., is said to be le aky, and has come into the harbour. PENZANCE, Jan. 23.—The Susan, Newport to Hull, ham put in to day leaky, and with loss of bowsprit, cutwater, &c., and one man overboard, from contact List night with • large barque. Snintlia, Jan. 25.—The Brechin Castle, of this port, struck on the bar yesterday, and has put back leaky. MUNDSET, Jan. 25.—A vessel, name unknown, sunk last night about two miles from here. A boat, said to be marked " Generet, William Ritchie," of Newburgh, has ' washed on shore at Becton. YARMOUTH, Jen. N.—The Norditiernen, Christiasen to Mortals, has put in here water-logged. HABBUROUGH, Jan. 25.—The Johnstown, of Newcastle, went on shore here yesterday, and filled; crew saved. Atnnonotion, Jan. 25.—A locker-board, branded in two places " Wave," has been picked up here. blatmotr, Jan. 26.—The Wear, of Sunderland, was lost on the Ounfleet Sand yesterday, during a snow storm ; crew saved. Nawautto, Jan. 24.—The Pilot, of and from this place, to Leith, in being towed to sea yesterday, was driven on the sand, at the south aide of the entrance , of the river, and is discharging. The cargo of the Gebreeders, from Datzic to Rotterdam, which got on shore near this place on the 10th instant, has been landed, partly in a damaged state. DUNDEE, Jan. 24.—The Adah, from Anchangel, which went on shore at the river on the 9th inst., has been got off, and MY towed up to this port to-day. MIDDLESBOROUGH, 23.—A boat, marked " Aliens," or "Algeria," of Lynn, Stephen Galls, master, has been picked up by the Clio. Hammon, Jan. 25.—1 t blew very bard last night from Om out. he erproils. MAILS The =Ms for Wigs, Oporto, Whoa, Wedeln, Cadiz, end OlbesZinc Eli ha reeds op as the stersang of the 27th January. The malls fee British North Amends, Bermes* sad the Celled natal., will be made up ea the evening of the With January. The mails for New Smith Wales, Van Diesien's Land, and Mew Zealand will he mode up os the eveithig of the 3144 January. The mails for the West Coast of Africa sod Madeira will be made ap on the evening of the Slat inst. The West India Malls, including Bermuda. N...., HavannL Rondonia New Orlesna, Vera Crux, Tampico, end Porto Rao, end excluding [hoes for Merlons, Jecenel, Carthagena, Santa Martha, Murree, Panama, West Coast of South America, and St. Joaxaciee Nicaragua, will be made up on the morning of the tad February. The overland mails for Gibraltar, Malta, Greece, the loman named. VAden, Ceylon, India, Ilong.Kong, and China, eis ilouthamptes. ille made up on the morning of the 3rd February. The mails for the Brasile, the River Plate, Monte Video, Fenian. bum Benin Wedeln., and Brame Ayres, will be made up *a the evening of ths 4th February. The overland closed made, tie Marseilles, to the Mediterranean Egypt, Aden, Ceylon, India, lien( Kong, he., will be made up or the swaths of the 7th February. TO CORIZSPONDINTS. MowtiornOwto I @OWN for "it So prow" Load. nook*, ...., bo at Ow olio.. le. lioavorieogroo. lo Two dew k .. the Oa; of p 1110 H WATTS AT LONDON ■DiJOR. T.. D A ,-- 0.1.124, II Atla WM . gamma. 81 Ws. past T o -m —11•••12,111 W. post t 11111111.1. 1 7. LONDON, THURSDAY, JAN. 27. ; So various and great has been the extent of Italian misrule, that no sooner are troublous symptoms re moved in one corner of that laud than they instantly reappear in another. The desire of all rational men I is, that the changes and reforms so imperatively de manded may be effected by the joint efforts and mutual forbearance of the people and of their rulers. I In the north of the peninsula such aim seems hope- • ful, simply because there the population has been more in contact with the advanced ideas of central Europe, because there the clergy has ceased in a great measure to make use of ignorance as a sceptre, and because wealth has overflowed from the towns upon the fields, which denotes an advanced state of civilisation, the more barbarous and retrograde state being that in which the surplus produce of the country, garnered in towns, constitutes their sole wealth, resources, and ideas. The utmost natural fertility cannot save a country from being thus backward, if it possess not a class other than the agricultural. We have a proof near to us in Ireland, and Sicily is the Ireland of Italy ; fertile, populous, poverty-stricken, separated by the sea from the seat of government, and hating the people from amidst whom that government comes. The Sicilian is as jealous of the Neapolitan as if he were a Celt, and his lazzarone ruler a Saxon. He has the same complaints to make of Neapolitan rule, Neapo litan officials, troops and taxation. To mend the matter, England took possession of this precious country some half century back, and gave it a consti tution, a thing the Sicilians could make no more use of than the Irish could of their national parliament. Of no profit when extant, its extinction is still a grievance. Absenteeism is another complaint of the Sicilians. It is Sicily, not Naples, which abounds in commodi ties for export. The sulphur, the wine, oil, fruits, and corn of that fruitful island would suffice to en sure valuable returns not only in all the commodities which the southerns want and the north produces, but in colonial luxuries and in money. But Naples receives and consumes the luxuries, and the returns go thither, instead of remaining is Sicily to pay for them. The custom-house is of course a stepmother to the Sicilians, prohibiting and castigating trade to the best of its ability, and pleading the virtues of protection where there is nothing to protect. Some Inevitable modifications have been made in the tariff of 1846; but it still remains so high, as to prompt its evasion in every way, by which, as in Spain, both the state looses its revenue, and the consumer cheapness. AU these evils, serious in Naples, are of course aggravated in Sicily. The government may mulct and castigate the Neapolitans as its children or its slaves ; but the Sicilians it regards as a disaffected and mutinous race. And at the first symptoms of frowardness, trusty regiments and parks of artillery, commanded by a police chief, not by a general, are sent to sweep the streets with grape and then deci mate the population by courts martial. The present insurrection is chiefly attributed to the brutality of one of these chiefs, and the resistance offered to him by a young lawyer, who was crown prosecutor, but who refused to act in conformity with the views and suggestions of the military tyrant. The profession of the law is, we need not say, throughout Italy, the very hot-bed of libe ralism, and that a king's advocate-general durst resist the policy of a tyrannical governor is a proof, that liberalism has made converts even amongst officials. The King seems somewhat inclined to be liberal in Naples; but in the midst of his liberalism the news from Sicily frightens him, and straight the ruthless' police-minister, dismissed a few days before as a con cession to the Neapolitans, is recalled as a necessity for the Sicilians. Much of our ministerial ultra toryism, such as it existed a quarter of a century back, sprang from the habits and ideas acquired by young' officials in Ireland. The same may be said of the statesmen of Naples— they unlearn the liberalism that might spring up for home government, and are overcome by the rancour necessary for Sicilian The King, however, may overcome the frowardnees of the Sicilians, because it is the frowardness of town populations, the peasant not stirring in the quarrel. This, indeed, has hitherto been the cause of the armies of Austria or of the native kingdoms, always overcoming bodies of insurgents. It proves the weak ness of the Romagneee as well as of the Sicilians. So that insurrections, when they go so far as to provoke a powerful military intervention, do far more bArm than good, discrediting the character of the liberal party for courage as well as prudence, and shedding ridicule as well as opprobrium upon a noble cause. It may here be said, that the town population of Paris triumphed over a body of the finest troops, commanded by one of the beet of the generals. But it was merely the Swiss and the guards who remained staunch in the days of July. The regiments of the line employed in the streets, soon showed their sym pathy with the people, and played at least a neutral, not a host:le part. But for this, the upshot of the July revolution might have been different But there unfortunately exists, between Neapolitan and Sicilian, thatinter-provincial jealousy which will probably enable the King to eend against the latter a large body of troops not likely to swerve from their allegiance. Were there union amongst the Sicilians, or any plan of concerted resistance, they might, indeed, be found most difficult to conquer. But it is to be feared that a successful effort on the part of Sicily to throw off the Neapolitan yoke would hare the effect, nut of furthering, but of throwing a great ob stacle in the way of Italian liberty. Two days have passed since we noticed the case of the " Queen r. the Archbishop of Canterbury ;" and still the argument proceeds with unabated vigour. The leader of the counsel who support the rule has by his ab•ence curtailed the discussion by at least three hours; but nevertheltss the contending parties have argued, and the judges have listened for twenty-fbur hours, and when the court rose at dusk yesterday evening Mr. BADDELEY was lett speaking. It is fair to say that the bar, and that portion of the public which could enter into the mi rite of the question, have listened too. There has seldom been au argument at Westminster which has been illustrated by greater ingenuity and more multi farious learning. The lucid arrangement and com pleteness of the ATTORNEY•GENERAL'S speech have not exhausted the interest of the audience. The civi lians and common lawyers on either aide have con tributed fresh materials for a decision, and the anti quarian researches of some of the counsel have been relieved and enforced by the able reasoning of their colleagues on the construction of statute law, and the rules which determine the issuing of the writ of 1 niewlentue. The court has thus far only decided one point, which arose in the discussion. It may be remem bered that Dr. LUSHINGTON rested his rejection ot ' the application by the opposers for a hearing in a' great measure on the Church Discipline Act of 3 Sr 4 Vict. We ventured to suggest that the learned assessor had misconstrued the prohibitive clause on which he relied, and that the proceeding attempted to be instituted on the part of the opposers was in no sense a criminal proceeding within the meaning of the act. The ATTOENEY-GENERAL touched lightly on the topic, with a knowledge no doubtthat it would not bear examining ; and yesterday, when Mr. STaPHBI4II was about to argue on the construction of the statute Lard DiNNAN intimated that the court was , satisfied that there wee no weight in the objec ion. It may e perhaps farther be collected that the court is ions. , that the opposers, or some of them, as incumbent s in the diocese of the bishop elect, have a sufficient locus 'Sandi to entitle them to a remedy by oneedennee if they can make their application good on fli t merits. Mr. HILL in contending against this pod. lion, rather unfortunately asked, whether it could be pretended that, if the case were that of a mayor instead of a Bishop of Hereford, an inhabitant el ' the city could apply for a mandamus to compel the t performance of some ceremony connected w ith his .‘ election ? The court suggested that the very cashed occurred. A quo warranto being moved for again* a Mayor of Hereford, it was objected to the relators that he was not a burgess ; but it was held that as a mere inhabitant he had sufficient interest in the appointment of the chief magistrate, to whose jitri► diction he would be subject, to entitle him to be heard by the court. The main points retrain to be determined; the respective powers of the Crown and of the Arch. bishop before the Reformation, the effect of the statute of HENRY VIII., and the power of the court to haute a mandamus to the Archbishop and his offi cials. On the last question it was urged by ilia ATTORNEY-GENERAL, that the proper remedy, in case of an error committed by an ecclesiastical tribu nal, would be by appeal to the Privy Courreil ; and that it is a well-known rule, that the Queen's Bench will not interfere by mandamus, when a sufficient remedy already exists. To this Dr. Ateamea replies that the opposers being refused a hearing before the VICAR-GENERAL, were not parties to any CUM in that court, and that consequently they had no op. portunity of appealing to a superior tribunal. If they had been admitted to a hearing, and their idle. gations had been afterwards rejected, they might it is said, have had recourse to the Privy Council. Having been refused a hearing, they state that they have no redress except by the authority of the Queen's Bench. It is rather difficult to discover how far the tribunal of the VICAR-GENERAL is an ecclesias tical court at all. Dr. HAYFORD showed, f rom OUOUTON, that the Centenaries or Vicarial Gen& rails had a jurisdiction in matters Lot contentious-- such, it is added, as the confirmation of bishops ; sad the advocate naturally inferred that a coutentioe, such as an inquiry into the doctrine of a bishop elect, could not take place before a functionary who had not contentious jurisdiction. Dr. Appeals, on the other side, being anxious to show that the VICAR GENERAL and his assessors had judicial rather than ministerial functions, illustrated hie position by the assertion that the officials eat as a court by pre scription, and that they had no commission from the bishop. The court appeared to be in some degree impressed with the statement, until the ArtuaNET-Glandst produced the original wchment commiiaion, by which Dr. BURNABY, Dr. LusnieGrox, and others, are charged, under the name of tordnimioners, to confirm the hi-hop elect It is true that a commission may be, and often is, the foundation of a judicial power; bat we have not yet seen any answer to a remark which we made before the present discussion commenced, that the commis sion might have been directed to others instead of to the VICAR-GENERAL; and that, therefore, the pecu liar rights and functions of that official cannot form any essential part of his qualifications for confirming the election. If the officials formed a ministerial body, the mandamus may be refused on the ground that they have fulfilled their ministry— if they constituted a judicial tribunal, the question is whether, by refusing a hearing to the opposers, they gave a judgment within their competence, or merely declined to receive a matter which they were or were not bound to entertain. If the act wus judicial, the Queen's Bench will not interfere with it, right or wrong ; if it was preliminary to judgment, they will only interfere with it it' it was wrong ; and the quer thin whether it was right or wrong leads us to the general inquiry whether the Archbishop has any right or duty to examine or try the bishop elect certified to him by the chapter. The endless extracts from divines and canonista which have been cited in the argument are to us far from satisfactory. It is impossible for any but a profound ecclesiastical jurist and anti quarian to know either the authority due to each writer, or the possible quotations which might have been brought to a contrary effect The general im pression produced by the whole is, that in the middle &gee, the popes took when they had the power, and kings and archbishops kept when they could. In more modern times, the principal authorities are divines who wrote by their own interpretation of the law rather than by . judicial precedent, and who naturally had a leaning to the claims of the church. As the present difficulty never has arisen since the Reformation, except in the case of MONTAGUE, lay men and lawyers had no motive to trouble themselves with the inquiry, and by a natural consequence the counsel in the present case have been obliged to re sort to books which have a mere historical and literary interest rather than legal authority. Mr. BADDELLY, who enters with a zest beyond that of his colleagues or adversaries into the out ot the way learning of church and canon law, brought for ward a long series of authorities, beginning with St. PAUL'S epistle to Trrus (quoted in the original Greek), and coming down to Cardinal Fteuer, the confessor and prime minister of Louts XV. By the decisions of the councils of Nice, of Carthage, of Arles, and of Lyons—by the records of Ely monks and Worcester bishops—by histories and text-books, he showed that the metropolitan had always claimed and often exerted a power of interference with the confirmation of his suffragans. Relying on the imam poration to a certain extent of the older canons with the statute law by 19 HENRY VIII., he contended that the metropolitan must still possess the power, as it had never bee ti formally abolished. He also, with some of his colleagues, endeavoured to show that the preeniunire clause in the act of 23 Henry was applicable merely to those who sought bulls from Rome, if it was not entirely repealed by the true con struction of 1 Eliz., c. 1, s. 32. We might be more disposed to attach weight to the argument for the ancient claims of the Archbishop, if they were not virtually supplanted by the act of 25 Henry VllL The King is by that act authorised to pass over the archbishop altogether, and direct his, mandate either to another archbishop and two bishops, or to any four bishops within hie dominions. In the present case, the usual course has been pursued, by applying to the Archbishop of the province ; but it seems that he can claim no power beyond that which the royal commis sion might have conferred on any other prelate. We do not wish to &IPr further into the argu ment at present ; our only object has been to assist our readers in understanding the long discussions which have occupied the Court of Queeu's Bench during the present week. It may be worth wh le reminding them of the singular circumstance, that the advocates of ecclesiastical jurisdiction appear in the name of the Queen, while the meet-tors of the abso lute power of the crown defend it on behalf of the Archbishop. In truth, the collision between church and state has not yet arrived. The Archbishop has not refused obedience to the royal mandate—on the contrary, it is his implicit obedience to it which has subjected him to the present motion. We may probably take another opportunity of ex plaining where the real pinch of the question be tween church and state will occur, if ever. In the meantime, it is not inconvenient that their respective claims should be tried in a case where the authori ties of both state and church are acting in harmony, and where the ATTORNEY-GENERAL announcis that he appears with the full sanction of the Archbish p. A rEriTioN has been published from the Singapore Chamber of Commerce to the House of Commons relative to certain alleged encroachments of the Dutch authorities in the Eastern Archipelago OD English commerce. A number of documents corrobora tive of the allegations in that petition have been transmitted to us, of which it is enough fur the pre sent to say that they amply bear them out. It is of bad omen for the complainants that thq are obliged to rest their claims for redress on the ill starred treaty of 1824. The retrocession of Java to Holland was made by the British vuei.rnment in 1814 under the influence of Lord CAs intoxication front the smiles and flatteries of the allied monarchs, when that gateman bartered the rights of independent nations for a ropl compliment, and waived the most important claims of his own country as a piece of amiable politeness. The treaty of 182 t was concerted with a view to pat an end to the interminable disputes ariaidg out of the convention of 1814 ; but so skilfully (we use a civil word) did the veteran FAGEL play with the Engli s h diplomatists', opposed to_him, that in a few years the