The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-19 00:00:00

R'r" -='. TO rye, entrou TIIE nnirtsir PRESS. $l5---Ithas been observed that the want of a precedent is one uf the causes which may operate to preclude the un fortunate Mr. Famitleroy from the benefit of the Royal prerogative of mercy. I beg, therefore, to remind the oldie, that toward% the cud of the year INN, a Mr. \M ined was indicted at the Ohl Bailey, for forging thc indorse ment to a Sof. Rank . piot-hill. The Jury returned a re did 0 ( " uttering with a guilty knowledge." M r . Miami! was condrumed, but was afterwards reprieved, sail, 1 believe, transported. I am sone I cannot give you the name of the person on w h ol e part the prosecution was Wiatitiihril. I state the cir cumstance from memory of the fact ; and I hope a little i nac curacy mar be paribioeil, and particularly as by a reference to th journals of that year, it can be easily dis covered. M r . Meitner, the prevent humane Governor. who with his usual coin 'rested his prisoner, under sentence, passion and feeling, may remember the fact, amid will no doubt Ilford evi ry facility to the inquiry. o mated" was the maimed mon • of the privoncr—l *blo w (, 001 nn otioning his real name, out of delicacy to hi, m a rks's. I remain, sir, yours very °brill •ntly, lILLSIANITAS. - Col.('MillA. —a.m.-- 10 the last earaccas limiters we find it stated, that th e Columbian Congress) have passed a law, investing in the ti.yernnieut the absolute right of presentation w eccle siastical benefices. The third trailing in the Senate was on the isttli of Nlay. The Curren Jr Apienta makes the feel lowing observations, from which it would appear that the Colombians already begin to feel atone o r the j ea l ous y of our ancestors, as to the exercise of jurisdiction by a foreign power within their realm • We congratulate, Mtterer, the late Legislature and the coon. try OD the law respecting church patronage. Atter having e.cd so owl errors given in us as dogmas of faith.- ohm the servile and deriding doctrine which has been preached to us, in onler to render as tributary hi • Foreign Power—after having witnessed writings tt tbich ignoninec, paned with ingratitude, lots made a iihria, of an iner-retined mountain spirit —it was to have been apprehended that the subject of church patronage, with all its ramifications, would have continued involveil in obscurity arid doubt, with 1/1 clergy independent of the Itcpublic, and forming a State within a State ; and, in short, anarchy tai phing Over the Constitution and the laws. !tut foetunmely it has been otherwise; and the country is advancing in the completion of its institutions, in every sense of the weed. Time, and tier only, can make known the great advantages which met result from this organic fuze rrapccilmg the clergy and Octksiastical ,yra i " The i',,lontitiano, of September 519, speaks out not less strongly : o This law," the editor says, " hos desimyed a hydra-headed mon ter. fraught with all tier powers of prejudice and bigotry, to overwhelm our liberties mid inelepenilence. We venture to assert, that espevience will prove that the 'fingers' has nevi" before passed impostam a law: Mir which involves no immediately in its con. 'N ovices, the welfare, anti even the durnlidity of the State. Like the key.stone to the arch, it cements the building; and trithnut it there would hr neither symmetry nor strength. We may now, in. deed, for the first time, be culled free of all Vertigo Uovernment tat lumps" POPULATION OF THE 71111TISLI EMPIRE. The returns of the populaiiiin of Ireland In ltetl, which hire Is en lately delivered, furnish us, in conjunction with the previous retunis fur Great Britain, wills the first au thentic (numeration of the iieople of the British empire. The population of the United Kingdom, in 1821, stood as follows: - England . - - 11.261,137 Wales - - 717,438 tiro . - - - 2,093,458 Amy, Navy, Marines, and Seamen lu registered vessels - - 319,308 Total 14,391,631 Ireland - - 6,11u1,617 21,193.1611 Islands In the British Seas - - 69,b041 21.282.VG6 The rate of increase in (heat Britain is the ten years preceding 1821 was 1 and in Scotland r vent. In Inland, as there was no complete enumeration before bel, the exact rate of increase cannot lie ascertained. It from all the approximate calculations to have in crewed mere rapiJlv ; but supposing the rate of increase in the whole United 1611100111 billet' 1841 tO be at the rate of I per tootutti, the present japalation is probably about zti millions. In Ireland the I , opulation is nine', denser than in any other part of the kingdom. The av rage population per siptare mile of the four provinces of Inland was, in Hill, u follows: loonner . . 453 11 union . . . 1: bier - - 41111 Connaught - 276 The average of all Ireland - 363 per eq. mile. The p p tlatimr of England and Wake was only 210 111). to the square mile, of Scotland only titl e and of ti , vt Britain altogether less than 170. h will he observed that Ulster is the most densely or the Irish provinces. Its populousness is the nee remarkable, from the small number of large towns. lt.aast. which has 37477 inhabitants, is the only place which hay shove tio,otio in a province of near two millions. Is the county of Nionaglian, where the population is 621 p.r Nur, toile, there is nothing deterring the name of a tetra ; sail in Armagh, where it is 6107 per square stile, she tows, w hi c h is dignified with the name of a city, bears an Insignificant relation to the numbers of people in the minty. So dome a rural population as that of Ireland, taking into *cutout the poverty of it, is foot to be paralleled in Poo l e • 'lke Hillis of I, , enliuns upon the Ito 'lemma of Eligland is A illitjeft for •h speculation. Letters were yesterday received from the Ilavannah, ilu,d the t:th of October. They give no political ititelli rener, h o t state that business was unprecerlenteilly dull. The emancipation of Waves, by a late decree of the Mexican riorrnintettl, over the • ...tile of their territory, hail creatist Fri at uneasiness among the planters of ('uba, and the re mtt I listurbativcs among the negrues thee, had not tended tu alleviate skit feeling. Xe u . Torl: 4:a• eft( of the Ilith of Octobtw says— " Stanley, Wortley, and Denison. Alembers of the Britt4l l'arliatni.nt, have arrived in lltisttai from %%mails, oa the it way to New York." A to his Majesty in favour of tile unfortunate Kiantlerov, is now lying Mr signature at the Exchange ''"t .4,/scr A Gut/ from Naples states, that an attempt to direct an our h s ! "ron by mimes of a couple of large tame eagles, hail "cm sureettfolly made in that city. The birds had pre untleri;ime the process of tr •g by two American rimilmen, who were the directors of the experiment. I.l 'r 'own of Kupferberg, in Silesia, with the exception few houses, was destroyed by a terrible conflagration the nijlit of the I.!th tilt. Townth, ll ,l, the p• ilestrian. is to start next Monday Tatniton, to walk to Bridgewater and back, three :air a day, fur six suce,-ssive days, being seventy-two tele: a day. for Lan- Et orr mr N r.—An affair, which has been 'S , itiF pet of much convetsatiim in this city (Dublin) for the last I. I , kr to tr•iiiiinate in a way very 11111 . ‘ relit Will lilt Cat. th.• ✓ and his fair partner. It winild be foe_ I ""h*liir public iyor ils it such tratisamons could be altogether "Prettied-they are revoltin g to delicacy and good ft cling ; tonal is humiliated and outraged at the re , ' iols of trenehtry :sod Intscnras. The lady qus ',", nlarneJ : she has dud si.r children, but two of 4 ",.1it ' , T. and is about !hut years of cge. cll. " "OW 1 , 14 'UMW, tilt Ili,. knowledge of her has. 1.1 I 4., rii/wr's 'raid, nee, which is wow In the "mufti. It was soon discovered that she had hot gone !An inquiry was innmnTMrl y set o, liwlt h, ascertain what wenn.. of her. It sag 1 11.C. 1 11Crill that she hail parted from al I anal box,, in wh ic h s h e had tal,:n Ine passage to the "icl place to destination. at the 'Utah lock, where she was '": 11 by and that t h ey proceeded together to tnc 1,!" .1 . 1 . , uni0n at Disimiore, with the intention of proceeding II) tied titmice, it is suppos e d, to r am ,, or perhaps to 'I be ' , tomtit, however. was hot. The injured bus rice' I hy one 01 his fliends, and a police ronetahle, : at Demme within half all 4, Preecsdnl forthwrili to the a p artment i n w hi c h were . n l :l:' i l t r Pair. and without exchanging a word. knoekell him an d the a severe blow Ma stick whichhe caroled in his hand ; .radiy was secured w i t h her iterzwo. The male parties ‘ ,,,1:;:ri.. 1 , 11-., o tr • Magistrate. but n o warrant was i ssue d, w e to authorise the detention of the gentlentan. The pel' " brag it hack in duress? to be &livered up, we hear, tii THE LAM FIRES. TO THE EDITOR OP THE BRITISH PRESS. fir a,—The s-rious and alarining evils that have occurred at . the late dreadful eonflagrations, from the negligence of the New River Company, and the defectiveness of our Police mulattos's, seem to me to call upon every person to offer any suggestions that may Le calculated in any degree to prevent the recurrence of these frightful calamities. I per fectly approve of the recommendation of a correapondent in your limper of yesterday, that all the fire-cocks should be made of the same bore, and the keepers of the engines each furnished with a toaster-key. By this plan, no time would he lost after the first engine arrives at the fire, in seeking for the turn-cock, who perhaps lives half a mile from the spot; water would he obtainer' immediately, and the fire would generally be extinguished in the premises on which it originate.. As some inconvenience wassail! to have been felt for want of a contrivance to deco it, I would sug g,eat that each fire-engine should he furnished with a board and canvas, similar to those used by the men who water the streets. But next to the tardy and scanty supply of water, uequestiouably the greatest evil on these OCCUMIS is the pressure of the idle multitude, who come only to gratify their curiosity, and impede the operations of the firemen. At the two late fires (in Fleet -street, and near to Bridge-street) this evil was antlered to its greatest extent. As there is rather a ridiculous jealousy of the military, in the City, I dare not propose that their aid should be had, whatever benefit their presence might affird, hut perhaps our greatest Constitutionalists will not object to the organisation of a fire-guard out of the City Militia, who arc maintained to perform I know not what duty. If some additional ex pense was incurred, it would, I am sure, be cheerfully defrayed. When the volunteers were embodied, it was acknowledged that they rendered the most essential ser vices by their attendance on these melancholy occasions. In the provincial towns the military are always called out, hut 111 London it seems our liberties would be overthrown if we were to put an effixtual stop to the robberies that are committed Nano us while our houses are in flames. It is obviously impossible that the ordinary Police can act against such a mob u was gathered on Monday evening in New Bridge-street. The firemen, with all their efforts, were in souse instances blocked up, and unable to move. As to the other great evil, the tardy and scanty supply of water, it is perfectly true that on the same occasion there was the must shameful delay. The respectable inhabitants of that neighbourhood, with whom I have conversed, all concur in representing this fact to me. At the lire in Meet street, on Sunday morning, nearly half an hour was lost before an engine could be worked, but it was even worse on Monday evening, and so it must confirm: to be at every fire until the New River Company adopt some different regulations. The public are indebted to you for the part you have taken in calling upon that body to do its duty, and I hope you will not relax your exertions till you have succeeded. Those who were spectators of the ill effects of tl:e scandalous negligence in the supply of water at the late dreadful conflagrations, or who were unhappily sufferers in consequence of it, can bear testimony to the justice of all your observations, however severe. iVednesday. I am, Sir, your's, AY EYE•WITNYIL SHOCKING MURDER. Yesterday, as soon as the Sitting hlagistrate at Union Hall, M. SWANLY. Esq., had taken his seat on the Bench, Snow, one of the constables, stated, that a man named William Dewhirst was taken into custody that :miming, on suspicion of having beaten his youngest child, Caroline Dewhirst, in such a dretultul manner as to enure her death. The prisoner was then ordered to be placed at the bar. Ile is rather a genteel-luoking young man, apparently about thirty.flve yearn of age. lie was dftlilled in a snit of black. Upon hearing the dreadful charge, the prisoner did not betray any visible appearance of horror, when the following evidence was adduced against him : John Adams, the first witness examined, stated, that he lives in ll'alworth Gardens, very near to linuite-place. About half-past eleven o'clock, the night btfore, Mr& lk wiliest, the wife of the prisoner. came to his house, and knocking at the door, begged for protection, saying that her husband had threatened to murder her, aunt that he had beaten her, she at that time appeared to he in a dreadful state of alarm. After she hall mentioned these circuit,. mailers, she ran out of the house; wiiness ininielliately followed I er, hut missing her he return e d home again, and tound Mrs. Itewhirst there, with three of her children. quite naked. She then tied him that she was afraid to enter bir h o use, as she was certain she sliatild be murdered it she attempted it. Dining the time of this conversation, a watchman came running into witness's house, and said that the rascal (meaning the prisoner) was heating one of the children to death. Upon hearing this they all left the house to gether. and proceeded towards that of the prisoner. After soave du ll. rutty they got into the/unnw, and upon wit , icas going lip vain into a room on the first floor, he saw a female rhild,apparently about a year and a half old, lying down completely naked in one corner, and en. tirely covered with blood from head to lout. Upon seeing the dreadful slate in which the child was, and the mot her almost frantic, he (wit. neat VIII VW tor Siirron Swift, who promptly attended, anti who, upon entering the 1110111 where the child was lying, met with ln oppositi 111 l the prisoner, who refused to admit him to examine the state in which the child was. Aber considerable altercation be tween the surgeon and the prisoner, the former found it necessary to give him in charge to two watchmen, who had by this time(the whole neighbourhood bring in a desperate state or alarm) got into the house. The surgeon then proceeded to examine the injuries the child had received frinn Its parent, and while the witness was describing thetas to the :11tigistrates, he became quite overpowered. lie pro ceeded to state, that the child lay stretched out in tint corner of the mom. naked, with a piece of blanket thrown carelessly over it; this blanket was steeped in blood, and when taken idl; a beirrible spec tacle presented itself: the infant was stretched along the bare boards, covered with blisal, which was still (lowing train its nose and mouth ; 011 lalitlg tit up it appeared to lie dead, but on closer eau tt tt at ttttt it was discovered that there was a slight palpitation of the heart. I'ariilUl ii.irta of the MOM had mark* of blood upon the floor, and against the wall. The witness added, that his Rife nursed lice of the prisoner's children. James l'l.oren and Thomas String, two watchmen, described the eloicking state in winch they saw the child upon going up stairs. Mr. Swift, the surgeon, was then esamlned : he elated, that when he was sent for, which was between two and three o'clock in the morning, mem going up stairs, he saw the prisoner stand. ing in the unkldle of the room, who, upon seeing him, used were strung language, intimating that he had no business there, and swearing that he would turn hint out if he did not leave the premises ediately. Ile at that time appeared to be in a dreadful rage ; and witness, fearful of the consequences. gave him in charge to the two watchmen, who were then in the room. The witness then 'mores-dot to examine the child, which was lying in the state described by the foregoing witness. In fact, (said the statyron,) I never beheld such a tnass of vitt. letter in my life as that which the body of the infant presented; the whole length of the spine And keit were covered with desperate bruises, blood flowed copiously from its mouth and nose, no feature in its face was discernible —the head presenting the appearance of having been repeatedly dashed against a wall, or some hard aut. ranee. The pupils of the eyes were dilated, and the infant was then in a comatose state. There were also some violent bruises on the back of its head, and most of the hair appeared to have been dragged olf. Witness lost no time in administering both internal and external applications ; and after having must fomentation's for some time, the child shewed symptoms of - diltiault and painful re. spiration ; it was at that time in a dying state. The witness after. wiset primes-sled to examine the moot in which the horrible and barbarous set hail been committed, when he perceived on the wall a spiantity of clotted blood, intermisol with hair. The wall had every appearance of the child's head having been beaten against it. fliers. was also found in the room a thick leather strap, about is yard in length, which had been evidently used, as it bore marks of blood and mine heavy welts, which he observed on the child's back and loins, appeared to have teen inflicted by such a wespon. The witness 'Java, that during the time he was examining the child, the prisoins remained in the mom, in cus tody of the two watchmen; and at the conclusion, he (mine s's) spoke to hint. observing on the horrible state of his child ; whirls the pinnies replied that he hail done nothing—that the child fell down iisit,sl the child asiti that 'miming, by the 31agistrate's direction, anal found it toes deal. The external violence on the body of the deceased, the witness proved was sufficient to cause death. Shaw, the constable of Newington. stated, that the prisoner was given into his charge between two ant three o'clock that ' morning, upon alispicien of having murdered his child. Ile pro ceeded to search the prisoner. and took from his pocket, amongst triter things. a penknife. When the prisoner saw the knife in the • evnstable's hand, be sant, I hope yen did not thud, I was g„i„, to rut my own throat with it." Ile then espre44e,l a w t.', t ,, for Ifs. Saner to see his child, and observed, that he would then its, satisfies!. Mr. Sr Aut:•, after having heard the above evidence, mos ns k r ,‘ the prisoner whett:er he wi.hr.l to SSW any thing with revert to this charge. II sheeted his life. lie IVA% not Intund, tilts !la resumer Availed. to utter one syllable, if he lammed. as wh.ttorer Ile 110111 . stud siug h t. .„, „ jw are oce.tsoin, be toed either fur or agaiimt {Pith this caution. therefore. lie (the priwroerl might cow Ilse hill own discretion, and either preeeed to give an account of the dread ful circumstance, or tic The prisoner appenreil not to ray the slightest attention to the 31sagiidratc's suggestion ; urn which Mr. Staples, the 1 'bier llt . rk, niliroached the Isar, and having repeated the 3lagistrate's caution, the priwn~7s i n a an u an tune, said lie nut then wish to say any lk was then remanded for further examination. THI4: BRITISH PRESS. INTFLLIGENCR. COTIRT 07 CII.ISITRY, TIIII!ItSDAT, Nov. 111. IN THE MATTER or Tor REV. ALEXANDER FLETCHER AND The court was crowded, through die public anxiety to hear the argument in. this r 4 %, .. 7.III . III TORAIIEstramr. addressed his Lorildil i f anti moved fen :en repine ion to restrain the Rev. Alexander fetcher from preachers at the Albion Chapel; that he may lei restrained from exereiting the oilier of pastor in said chaiwl during the time of his amp millet by the Synod, under the authority vested in them and the Association; that he may be restraintd from receiving any money collected at the chapel, under the trust executed in the yet, 11112. This inthrmatimi was tiled against the Rev. Gentleman and others, who were member', tin forming a place of relittioas wt,r ship, called loorgitte (:hap el. This institution was licensed and authorised by law, and its affairs were regulated by trustees ap pointed as is usual on such occasions- It wan the exectitieu and existence of this trust that constituted the 100(11,t1 of his application, and brought it under the jurisdiction of the Court, as it exerted such jurisdiction upon similar occasions. His object would be, to show that Mr. Fletcher, the Minister, broke the trust, and consequently from the nature Id trusts in general, combined with the peculiar de scription of title, and assuming the breach, he relied upon it that the order which formed the subject of his application, would be granted. The Court was as fully entitled to interfere in this as in any other breach of trust. He wished to state, is limier, the grounds on which he made his motion. He did not call upon his Lordship for any increase, in this country, of the power and 4cele. aisatical discipline of the Presbyterian ('hutch of Scotland, he merely called upon the Court for its interference on a subject which fell as clearly under its jurisdiction as did any other of !Bolinder de scription. Ile took the liberty of impressing upon the Court, is l imine, that he did not aim at any interference with the Church to Sentlanel In England. lie mentioned this, because it was suggested to him, that this would be made the topic of ingenious argument, to divert them from the real view of the ease. Ile would look also to the other hranclisa of the application, which asked for an injitnetion for the purpose of restraining the receipt of the funds, and in these point. of view It could not be denied that the Court was called upon for the protection of the funds. The principle on which the Court acted was applicable to this mode of proceeding, It was itusuplified both in the precedent and the prae. lice of the Court. 'he point raised for consideration was merely to prevent a breach of trust ; it wu not beyond the reach of the Court, it was within its !Units, it had always acted upon applications dais. dem 'teeth ; that his motion was within the principle adopted by the Court, he would exemplify upon the authority, not alone of the lewd Chancellor, but clothed with that additional value and weight which every thing coming from his Lordship, man individual, was known to possess. Mime he called the attention of the Court to ' the facts into which, he was about to enter, he felt himself bound to declare that he would ni t pass any censure upon the character of Mr. Fletcher, nor would be make any coininent upon his disability, though it was imposeible tor any person, looking over the surface of the public prints, to be unacquainted with the matter. Into this subject he woeld not enter, though he well knew there were nun, persons whose appetites were eager for subjects of the kind. Ile would merelyedlude to the sitspensisn of the Reverend (lentletnan as the imputed basis of the ru!e for which Itched madean application, and which suspension was pronounced by the superinr authority of the Church of Scotland. The imputed miscuoduet of the Rev. flentleinan may be a ground of controversy elsewhere, but It was not his wish or intention to mix himself with it. Ile looked to the metier behwe the Court merely as a trust, obligation, or covenant, and the question was, whether Mr. Fletcher was bound to submit to the rule, discipline, and government of the Synod established not alone by the law of Scotland, but acknowledged by the law of England, when it may be necessary to consider it in any point of view. The ground of complaint was, that he did not sub. nit to superior authority. Ile said before, that it was not his wish to enter into the cause of the suspension ; he would say nothing whatever to the prejudice of the Reverent, Hentleinan's character; and lie trusted he would not satisfy his enemies by running hint Born, nor would he satisfy the friends of the individual by pro. flouncing his praise. If these two pasties were In Court, and ex- tweeted to be gratified, he would take care and disappoint them both. Having thought it his duty to make these preliminary ob servations, he would proceed to the disposal of his ease, and when it wall considered in all its parts, with respect to law and tact, it would be found eiremnscribed, and limited within a narrow coin. ' pats. The first consideration would be, when Mr. Fletcher sought to perform the duties of Minister at the Albion.strcet Chapel, did he violate the covenant into which he entered, and by which he was bound to the rule, direction, and government of the Synod of Scotland ? Ile maintained he did. Here he quoted a case, to phew that what certain persons established a dissenting chapel, and bOund themselves by trusts and covenants, although afterwards a considerable body seceded. they were still bound to adhere to the rules and discipline of the ('hunch. The Loan CILINCELLuI—That was a cue decided in the Court of Session. ...... The Soxiervon•HewenaL.—This was a else in point. It grew out of the trust, which brought it under the cognizance of the Court. lie was of this opinion, thourb he beard the whisper of Ida Learned Friend Mr. Hart, that such 'a question was referred front the ('nun of Session, not to Chancery, but to the House of Lords. flaring stated that in his view it wasa narmw question, he would proeced. It would appear that before the parties had the power of building the Chapel at Moorgate, they lucid their asiem. blies at • place called Miles-lane, and when the congregation ene.eatietl, the Chapel was built. They were enabled to enlarge It traid Mr. Fletcher says the ettcrease was owing to his porn. laity as a preacher. This might be the ease; he did nut deny it. In 310orkate ground wan token from the City of London, for the term ! of sixty years; it was, of course, vested in the lessee, and was demised by him to trustees, for the purpose of building the Chapel. ' It was known to his Lordship that the freehold of such pro. petty was vested, by t h e law of England, in the l'lergyman but to establish a proprietary tight in favour of I fissenters, was necessary to appoint trnsteea. The 611111 of 11,11001. IT 9,0011/. was espendesl upon the building; • Minister was appointed, and it be came a place of public religious worship, subject to the rule and direction of the Synod of Scotland. as fully and as completely as these rules could be rendered applicable to a place in England. An individual was chosen to officiate and preach in the Chapel, and he was to art la obedience and in submission to the Burgher Synod of Scotland. This was evident. front the connexion and the rela tion existing between the Chapel and this Synod. These circum stances were flpfllOß . ll in the deed drawn up for the purpose; and it was this superior Synod made the order for the suspension of 3lr Fletcher. • The Lono lictrher ts not a ' , arty to this ilml. The SOLICITOII-Gr Nallat..—lt wait read in his presence. He roust complain that he was suspended in his argument by his friend Mr Ilan, with some technical remarks. To makes man hound by a deed in law he need not be ajtarty to it, it would be sufficient if he knew its contents. If Mr. Fletcher took the employment, he took it subject to all trusts, therefore, in that sense Mr. Fletcher need be an party ; he need not execute it ; he need not so much as sign It. This was not necessary to make him a party. Ile took the of. flee under the tleotl. It was this made the oilier and empowered the trusters. lie was ready to prove that the deed was reed OM to Mr. Fletcher; he was setpi•inted with its contents. The ease was in • narrow compass. Will he deny that he, as Minis. tee of the Chapel, was subject to the Synod—to its government, direction, and dominion ? Will he deny that the one was related to the other. as far as the place would admit? 'Was not the chapel allied to and partaking of the Synods Was it not perfectly within the pale and reach of the Synod ? %Vas not Mr. Fletcher bound to obey the orders of the Synod, as fur as they were applicable to Eng land ? According to Lis interpretation of the deed, the gentleman was as clearly subject to its interference, and as completely within its jurisdiction and reach. as if Moorgste in London were the cannonote of the ci.y of Eilinlair .;h, and as if he Perforated his op:ritual functions in one city instead of the other. There were ' other parts of the proceedings to which he had not time at present to apply. lie wmdd call the attention of the Court to the other liranci.es of the mo.ion, relating to the other purposes f.w which the hapi I was intended. The one relating to the prevention of Mr. Fletcher from collecting the dillivent fees, &c. collected at the gates. he would not read, as it would not he disputed. The geeoud material part of the deed chews the intention that Mr. Fletcher ' should be under the personal compulsion of the Synod. Other branches of It chilly to the distinction that is to be matte between the Burgher and Anti-Burgher motions of the Synod of Scotland. There were, it appeared. dissenting parties front the Presbyterian Church of Scotland ; they had separated on the question, whether oaths could by properly administered, or church appointments eionternal, through any Wier channel than the Synod ? This ups ration had taken place bit Or tat years ago, and this separation caused two enini •nt parts of the rhumb, the Burghers and Aril- Burghers ; and so sti:diettale dill the dyed to which he alluded pro -1 vide for the aggregate and individual subleetion of the chapel, that it declared that should the associated Burghers, either in (ange -1 g mmee of tl•eir union with the Anti-Burghers, or from tint other cause, abandon or !we their name, such circumstance should not s her or vary the meaning of this indenture; and if the two branches of the church unite, the jurisdiction should be still the same. At this perissl the dissidents hive united, the two brandies have form ed their union, and are called the ('need .Issociation Synod, a nd the divided l'resbyterian Church of li.colLind is again joined In union. TIlt• bows ell veruLoa—When did that union take place? The S t. on-t EIIAL—In 1 It centhcr. The loin', t 'lt ANC I: 1.1. 0 11-li . hen the case to which you re ferral was brought to the !amts. there was no union. The Sot Ict E It %I.—NO. my Lord, that wan in the year It:13. flaying thus called the ettention of the Court to the Iwo branches of the Cluds, the trust went on to ear, that it was the duty of the per...in chosen to attend the Cliap..d. Into the rouses win:llo..ol 4 6omA the res 1111111 l of the Reven.nd (Ica limisn„ he would not enter. lie hsul no wish to discuss ulisa,zreeatO.e matters unle s s he was C.111111c11 0 1: here he tilt no such compulsion, and he would therefore waive nll investigation on the subject. It would be so*. ticient for hint to wit.. that the gentleman 11:.11 convened bchure the :"`not of tomslon and the Presbytery of Scotland, IL. was cc. lieved trout nll difficulty in preying the identity of t;se burghs and anti-horgher $1114 , 11.. which haul separaued but were now united ; and it was this united Synod that sialiended 3lr. Fletcher fruit the distics of Minister and Pastor until the _llth of April. To this order of sutspensuon wits iltillett, In order to appoint a enta.l,o of preacher, to '&1: late at the 3loorgate Chaps! until the time of bus pension had expired. The Lout. (•ti I Nor Eton-110w were the preachers named ? Tln• Sot it iTIIIII t 77: tt —lly the Synod. The dont, ore: : LI Ott—lle your deed„ no person can he created :he Syne.: :Mout the consent of the congegation. Sup. pose there 'Free question of ralary, could It be decided by the Sy nod without the Amociation .... . The ritll.lC: I TOll4 NES A t.—That may be a legal question be tween the Synod and the associated congregation. The Loan Cris xca 'Ana—This dad is to be considered with nut refer: ere to any rellgirius object t it is to be looked upon as a deed of to re property. 11ow could a majority of this congre gation ex veil ttitir Opinion, if it were lbeColleAry,-1101, cwt they uppnint 'Pio Si, r. it: t Tr) *AL thought, If it were ITal fur theSy- Lal o. so vpviel, it was alto competent to them to &Norm The I,uu u 'lla2lCELLoa—lf they do, hunts' be a right merely civil. The Sta.' crrort-GENEW•L—.The Synod here, who were bound to be obedient to the order from Smstland,, appointed a number to the amount of sic or seven by rota, and interposed them so fill up the time of the suspension, and when one individual of those ap. tenons', repaired to the Chapel to perform his duties, an altercation arose, awl when he prepared to mount the pulpit, he found it blockaded ; it was net a blockade here and there tit this point and that, but it was whet 4444 called a geographical blockade. The Ile,. Gentleman was prevented at all ponies, and it was asserted in the Chapel that the interference of the civil power should be ne. aviary to carry into operation the order of the Synod of Scotland. This woe not amid by 31r. Fletiter, but others slid affirm it; the fact was sworn to. The pew rents and contributions were received, and applied as usual, and coasequeritly the orders of the Synod were not carried i mot:Rect. Mr. Fletcher mounted the pulpit, and retained it with iulinitely less interruption than he received from his Learned Friends &romp. hint, during the very humble address he was making. Mess were Vie facts of the esse-which he had to state. He would now take the liberty of enticipat.pg the nature of the defence which vieuld be set up by his Learned I riende reposed to hint. It would, he nes led to believe, be this: that a majority of theca who fre. (rented this Chapel did not wish to be subject to Synod of Scotland—that they were not of the same religious faitt.--they were not branches hilt, and they wished that Mr. Fletcher should perform the duties of their pastor. This defeace was note:informable to the law upon the subject of trusts. 'they as the majority is with Mr. Fletcher, and they do not wish to give ern to the sentence of tern. porary so Ipension. It 4434 likely that the Reverent! Gentleman had many friend., and that they were not of the came religious principles with the Synod. Ile (the Solicitor.flimeral) would assume this as a fact ; he 'mkt admit the argument, seed the question would come to thin: Can a majority, relying on its number, cut up a deed, and set Jo a manner derogatory to the power contained in that deed I Though they etiel proceed as if by poll, and use their • majority, should such a Ine of conduct avail ? Ile did not undetvaluc this defence ; he put it In as favourable a light as tos could fur Mr. ' , Pitcher, and to show its utility, he would refer to a ease in the first volume of Rowe; it being a point of the defence, that the majority were adverse to the control of the Synod, this being a distinct ad. mined fact, and that they were not of the same religious persuasion, and did nut wish their interference. Allowing all this, lie would, on tie Word and authority of the L o rd Chancellor himself, negative all much proceedings in the case of trusts. The question to which he referred was this: When certain individuals fanned an associa tion for certain purposes, and were bound by a deed of trust ; and if the majority afterwards dissented front the original institution, c:suld that majority thus dissenting overrule the original deed ? This was the main grourkd of the defence, and he would reply to it by the authority of the Lori' Chancellor, backed by that air the House of Lords, whose organ be a as. [The Learned Gentleman read as follows, the judgniept of the Lords, delivered by ..he Chan cellor on the occasion., "If the Courts below adhere to the prin. siple that the majority ran interfere with the law of trusts, the objection will be How can the principle be reduced to prac tice ? We cannot examine religious opinions, to ascertain if they be right or wrong; we can merely refer to them fur the purpose of showing the ownership of property." The Lo an Cn• KC ELIO a—Yes. pmvit!cd religious opinion, are made vouchers for the evidencing of property. The SOL ICIT0114; ttEliAl.—Supprne property was assigned to three individuals, A.11.C. in trust, if there was no condition the law wool,' not open it, bat if there was a condition. that there should be no schism, the law of Englend would require an ad herence to the original trust; assuming, therefore, for the sake of argument, that ninety-nine out of a purulent trustees did not wish to carry the condition into effect, itill the authority of the Lord Chancellor 'hewed that the yoke of the majority was of no avail against the minority wishing to support the original trust, and carry into effect the conditions on which it wt`a founded. Having thus called the attention of the Court to the law of the defence, he would remind his Lordship where he had established a wider principle than that in the case of the Synod. Ile meant the case of the Attorney-General and Pearson ; in that matter, cm nth persons had executed a decal fur some religious purposes, but it could not be discovered by the deed what these purposes were. Ills Lordship, in that case, laid it down, that it was the duty of the Court to make inquiry of the congregation, and ascertain by usage what was the implied trust between the parties. Here the principle wu carried to • large extent. In this case, the Solicitor. General said, he was not driven to the necessity of discovering the trust by implication, fur those against whom lie made this motion say they are subject to the Synod. He *as time nest ex e i termini. Ills Lordship had extended the principle, for lie declared that , when we can not find out by words and demonstration the reli. giants purposes intended in the nest, we arc then to administer the trust according to usage, as implied in the trust. Ile would beg localf attention to the word usage ; it was not according to law, but according to usage. And he would ask, if in the case before the Court the appointing of preachers in rota, during a temporary suspension, was not implied usage? Was not the aubjeetion to the Synod of Scotland implied usage ? Was not the right of in. terposing Ministers, tinge I Were not these matters incident& and essentials to, and corollaries flowing from the nature of the Into. tutlon ? TioLontr Cittastux Limit—The case to which you allude was that of a Dissenting Unitarian Chapel, and some persons wished that the Unitarian principles should not be preached any longer, but that Anti-Unitarian should. The Court could nut Interfere for the purpose of enforcing the trust, until it made inquiries into the established Image. The misfortune of this ease is, that the time of the suspension will expire before the inquiry can be made. With respect to the usage, that the Synod can name a minister, that is contrary to the contrite of the died ; it must be done with the con. sent of the coo ion. The difficulty is, how can the sense of the majority of the congregation be known ? What are they to do to show it? The affidavit of the majority cannot be acted on until after the decision of the majority, on notice for the purpose. now many trustees are there? SOLICITOS.GEWEItAL—Twenty-eight. The Loan CHAWCEI.Loa—The deed is signed by only nine. The SOLICITOII-OKNER•L—It was read to Mr. Fletcher. The Loan CUANCELLOS—TheI'ourt must inquire why it was signed by nine. The SOLICITOII•GrXEDAL.-The entire body of the trustees appears. The Learned tientlemen opposed to him do not appear pleased with the principle of the case of the Attorney-General and Festoon. that the usage should be inquired into; he wished to apply this principle; it was not necessary to read the deed toridear verbi was not the known meaning, to submit to the Synod? would not inquiry be evidence of this? Would it not make us acquainted with the object of the taut? Would it not enable any Judge or Jury, or fair person, to ascertain with what intent, upon what faith, and with what motive the deed was executed ? The case nrest be decided by general legal principle& With regard to the defence, that the majority were ' disridents--that they were most anxious to repudiate the authority of the Synod ;—upon bath these branches of the defence, be had the authority of the Chancellor for the declaration, that they would not ' lie available in shaking the trusts of the deed : the truth of the deed was a fact. and must be decided like every other fact, by common law. The fact was, that the subscribers to the deed did agree to be subject to the Synod of Scotland; the argument of a majority was therefore out of Court. and great as these majorities were, his learned friends, Mr. I fart and Mr. flu: ore, nay act as tellers if they please; they would be modes& Thor Loan eItAXCELLOI—What is the amount of the pew rents of the chapel ? The SOLICITOR.GENTIIIAL-1,01)01. /I•TeXT. The Loan CHANCELLOR—Is It stated on affidavit how the salary was to be paid ? %Vas the amount to be paid by the ma jority of the Association The SOLICITOII.IIENIXIAL—De made no motion respecting the salary of the preacher. l!e did not touch upon it. This was, in fart, the only difficulty in the case. The deed meant, he con tended, to make the Chapel subject to the Synod, if in law it was denied; and if it was affi:med that the submission was a otwis otsicria, he would deny it, arid prove it was not. As to the right of appointing temporary preachers, he would maintain it was. if he may use the expression, a part and parcel of the subjection. This was the only part of the matter worthy of discussion. Surely his Learned Friends would not maintain that the Syood had not the power of suspending Mr. Fletcher. They might as well say the Synod can do nothing ; and having asserted what they do, negative What they do not. The Louts CIIANCEI.T.OIt—What the Synod an do in Scot. land, is a matter of fact, according to the law of England ; and it must be proved like any other Cwt. The power of suspension in Scalia:id. must he proved by affidavit or otherwise. The Sot.tc on-ri Est a Al.—Therc was another clause in the deed, learirg the disposal of the neuter is the hands of the Synod. This was, in his opinion, a derisive proof of the universality of the dominion. ( The Learned lentlettian here read the clause re.pect ing the money.) It In'aCtVd. that if the Association should separate. the foods, amounting to 9,0001. should be placed at the disposal of ,the Synod. The LOUD ettAWCEl.T.olZ—iiew is it proved that the powers of the Synod in Scotland are what • her have been represented ? The ; 4 oistsi TOR-I ; r.N tarimis affidavits. Those of Mr. Walks. the Hey. Itolurt ,tank, Smith. and many other disse!iting CL.r:;vmen. were nail. stating the extent and nature of the powers of theSyrod in Scotland. They de. scribed the tineemnimo and llisaov of the (*hutch of Scotland; the references to the Seb.ion% and l'Ailios; they chewed that Minis. ten were /411bilel to sitspension; they were joilgeil by the l'res• byterr : when the pulpit was racant, it was tilled by that nertion of the Church who hail declared it so. by the Pr:sdiytery, lithe Minis ter was suspended by theta, by the Synod, if they passed the fen tenet of suspcnsion. ‘Vhen the matclial parts of the affidavits were read. 1 he soLtintroa-firw nut. continued.—When this body de. Hied the uuth..ri!y of the Synod of Scotland, were they aware of what they were titaliat? were they aware the they were not within the Act it—that they may be indicted, inalt. much as they hail nut given a cnrreet and accurate description of tih , owlveo, as they were by law required? They had no right to open the d. or of the Chapel—no ittan had a right to go into it. If they state in Conrt that they are uncturtected with the Synod. they must heard—'!we practice a fraud upon the law; fin they called thc:i.rd..rs a pact ut - tne Aw.u.aated Synod of Scotland and they cannot be allowed to separate themselves from it. Th argument wan, in his opit.ion, unanswerable, and, like all arc itients of this descriptinn, it would, perhaps, be called by his Learned Friends immtiterial. If- wo•ild take: nowt himself. as • lawyer, to s -sect, that when a licence was givcn to a privileged place upon a false or smiriots rsoro -riation, and if en asesiek were committed in such plats pri , ik-ge could not. be pleaded in any municipal Court. therefore, hi. ',mend Friends wish to get rid of the power of the Syama of Scotland, they slum falsify the licence which is registered uoiongat elm records at lie ernent, and throw it into the live. This was or argument whielo they gonad throw behind the screen—it was nit fit to be um.l, ,in fact it WAS not used at all. There was another argument, which he thought was of profound weight in every point of view, except that it came from him. %Viten these parties had built this (impel,. upon is very foundation, he may say; In canallilit t they hail called and described therlintiVeS as connected with, and sub jsct to, the Synod of Scotland ; and in centuries to core there may be found, under the foundations of the wall, a coppvi box, eon tahing a statement on vellum, written in Lein a. d linglials, in which the Con tttt 'dee. of Record acknowledge with gatefolds's, their religious connexion with, and subordination to, the Synod of Scotland. IS hat will his friend Mr. Ham say to this? that, perhaps, it is Immaterial. He bad, he trusted, kept his faith in the course which he adopted. He ab veined from every topic that could give the least pain to Mr. Fletcher ; he treated the question as one of law, and as such he laid it noon. lie maintatned the deed placed this Chapel uuder the.authortly and control of the associated Synod of Scotland, as far a- t h e bald be dam in England. These walk if construed fairly as tome in every deed should be, required an aggregate and individial submission. As to the difficulty of these wart's, he -would meet it with boldness, and (easier :y. When was the difficulty ? Was there one Synod in Fn:land ? Did not every Church send its niembas to the Council? Elders were sent from every Allure!' in England ; was it, therefore, not applicable to congregations in England ? Were not Elders sent to Edinburgh.? Suppeee the meeting of the Council took place in London, Mated of Edinburgh—that the venue (if he may use the expression) of I tif/nod was laid mien—would this chang e i ts c h aracter ? not t h e disci pline be the same ? The very stoo li ng of theme , embers was so evidence of their being bound by e the Synod, 'had subject to it. This act "hewed that personal dis-npline was eza:.ised over there, it was evidenced by the fact. The Lunn CM•NCEI.I.OII.—For what Gentile Synod suspend' The Sot. tectolt-OENZOAL—FOr Mar .11 doctritte,acel midyear conversation. The Learned Hendee:3e concluded hip argument by saying, that he felt confident that, in a d dressing a Judge or Jury, both as a lawyer and a mad, that if tteltdeed were hiterPreted by those fair and reasonable 7 i l i f i s re Z y whkh deeds are interpreted, th a t it would appear that thi s was subject to the Synod of Scot land, and that it meant to ma e itself so. The LORD Cnaweestoa—Can there, by the deed, be an ap ppens lication ? ion of any property for the sae of the Minister during his sus - • The Sostctroa.Geweiat sa t tl, there was no such dairt made. Mr. Haar Mid, he would state two objections to the proceed • ings beftwe he entered on his reply. This Chapel was not In the nature of a charitable institution. The matter would then be dis cussed by the Attorney -General on the part 9f the Crown. It was not such an institution ; it wanted all the fundamental features. Be fore the payments were made according to the deed, there were others to be considered : there were mortgagees of the estate% hold ing by a prior title; there were mortgages to the amount of 4,4100 i. Ile could not see limy the Lord Chancellor could act or appoint a receiver on the estate where such an interference might ruin the entire. . The Irwin CHANCELTAII—The affidivita on this subject are so important to others, that they must be read in open Court.. The O ffi cer of the Coin: teed all the affidavits concerning the transaction, in which tie Rev. Mr. Fletcher was implicate-6, the substance of which is already before the public. The Loan CVANCeLLOR thought there was a distinction i• - ; the case suppose the tined, after suspension, had not power to fill the pulpit ; that the suspended Minist e r refused to leave it, and said he would not obey, Mit he would be after the expiration of the ' suspension, as well as he was bc fi ne„—wh'st, in such a case, could be done ? This entirtdeed must be loolied it, and general terms are not to be applied to this particular case. But this remains to be 'hewed, of the twenty-eight trustee', has any one filed an affidavit that he un derstands the decal aa tbe members have ? To this question there was, %%believe, no answer. The LORD CHANCE Lcon—it is impossible to deny that there arc cases which come under the inriidictien of the Court, but the manner in which the pleadings are drawn up, render the applica tion impossible. Mr. Fletcher may state that he preached under s contract which is broken by an ad inter int suspeneon. He might call for an account of the pew rents, but it was evident that neither he, nor any other Court, could call for voluntary contributions ; neither was he disposed to call against the wishes ors gr eat me jerky for that which may iq the course of a few months destroy the entire property, when it was recollected what a time was requisite to augment the Association from 300 to 1,300. Ile should look wee to the consequences of a step, which may destroy all tcomorrou. A step of the kind should be so clear, that no doubt whatever should remain. It was of the highest importance that no ambiguity 'Montt be leftin deeds. Ile wished•to know what thine, who signed dos deed,' were thinking of, when they allowed the Synod to select thz Minister with the consent of the majority of the congregation. The rights of the dissenters should be treated by the Courts as tended. as those of the Established Church, but it should be cleady an•t distinctly known what the law is in regard to them. He wished to be accurately informed on two points. What were the powers of the Civil Authorities in Scotland If this transaction took place there and secondly, what would be the consequences of contumacy in that country ? These matter" he wished to know, least the Court here, should do what the Court in Scotland could not. He was infuriated the Civil Court of Scotland would not interfere in this affair. lie doubted this much, front his knowledge of the powers poesessed br a Scottish Court of Session. He would postpone the further hearing in the case, until to-morrow (this day). VICE-CHANCELLOR'S COURT, THVISDAY, Nov. IS. His !layout was occupied the w1.431e of the day in hearing at. guinea!, in causes of no public interest. COURT OF KING'S BENCH, TtiunsDAY, Nov. XINO V. CrIRISTOPHEa. The AT TOINIV-GENeltAl. prayed the judgment of the C on e on the prisoner, who stands convicted of haring landed four British lICSOK.II in the Bay of Listaknaf. in North America, and of aban doning them without their ronsetv. Mr. Baoyousx said that much had come to light in this east since the trial, and though he could say nothing in mitigation of punishment— Mr. Justice BATLEY—No, certainly not, the sentence, its all cases of that nature, must be three months' imprisonment.- Mr. B.ol7olllM—Rut my Lord, the evidence now in me power to produce, and of which the prisoner had not the benefit berure, is of such a nature, as, in my opinion, to warrant me ip calling on your Lordships, even at this stage, for anew trial. We here DOW the mate of the vessel and some of the 'MUM whose testimer.v will be of the utmost impurtance to my client. He (Mr.Bratigharti had also several affidavits and other documents to lay before the Court ; among them was A memorial from elghty-eight lgdisid gals residing in 3lsryfort, to which place prisoner belonged. Of the subscribers to these , many were peesonsof t h e hi g h est respect e u ili tv. and some were the officers engaged in the collection of the revenue in that port. The ..4,TTORVEY 7 GRXEItAL said that though the merits of this caw were much discusses' before. and that upon the exparte statement of the prisoner himself, still he would consent to have judgment deferred, if Alt. Brougham would agree to a hearin:z in a few days; to this Mr. Brougham consented, and judgment. WWI accordingly postponed. The Court then proceeded to rise sentence on several prisoner. convicted of assaulting excise officers, and of other breach:a .; the revenue laws. Henry Falter WaS.Oll the motion of the ATTORNEV•GEYea r. brought up for judgment. Prisoner was convicted before Bern, tinihaiti, at the late 11!..II(11 for the county of Kent, of a very ag gravated assault on South and another excise officer in tse tewn Deal. l'iiisoner, it appeared, had, with la others, wired on the pre secutor. Smith, dragged him into a public.house. and laicr having there stripped him, carted hint through the town, tarred an.l feathered ; and, indeed. an disfigured was he. that a witness at tt.ei trial swore he could not at first distinguish whether the obiret in t: e cart was an ef fi gy or a man. Prisoner put i n an a ffid av i t in mitigation of punishment. The principal things urged in it were his gacid conduct since the °Fence which it appeared took plac e a l ong t i me ago, the continual appre hension lie was in, and the mental pain hr endured all that titre, and further, the length ot his imprisonme-t, which was since the 234 of May last. After a few wurds from Mr. ADOLPIII 2 ,I, in support of th s, and *reply from the ATTOSNEY.GENEN.II4 the prisoner wac sentenced to nine months imprisonnient in the !louse of Correct . .. .1 at Maidstone ; and that he lie further confines! till he enter i: :o reeoyrnizances, bittiself in :V/.. anal two sufficient securities in tie sum of 111/. each, for his good behaviour for live years. May and %Veils were next brought forward. The prisoners ~ 1 convicted of assaulting a naval officer, of the name nt .lav, Pr!. gaged in the suppnission of sintiggltng at Peal. The prison e r * hail, it appeared, used tire arms, and were capitally indicted tinder I, rat Elleilbs . wough's Act. Of the espital charge they were quitted, on consenting to a convietion for the common t. After much discussion between the ('OU ST, the All 011:: r - GENCR 41, and Mr. for the prisoners, as to Jay's being a revenue within the meaning of 24 lien. f I 1., the prisoners (who have been in custody since May last), were severally sourness! to one year . ' imprisonment, and to rind security for their future good conduct. Larkins was the rent prisoner. nil cr ny.• was an asar llt en an officer of the Gladiator. The prose's r, w! , ose rixne is 11'Lite„ was doing duty at Dover, on the 2 - ith of August List, when t • assault in question was e:niimined. The prisoner pia in an affidavit, annng forth that h^ ha.l a Urge family, and that he had assaulted the prosecutor iaad. vertently. The Loan Cut Fs JrIITICT-I carnet refrain from 10) . 4, that the introduction of the word inotiveriently" is highly tepee- Ilere the prisoner is made to swear what is clearly fakir. it niipeais that he planned this assault t of wane I uican no 311a.ion to , he t ientlemen of the Bar, by whom. in no instainx, are these affidavits prepared. Mr. Mt ora it AM, for the priscoer, yid hermit concur with tn. Lordship in his reprehension of the word; but he was conyincel shut the meaning attached to it was. that he did not commit the offetiee irth great premeditatiim, and that he was at tit,: acne not ILO:) , aware ei the iJCISC I 1 1. 1 1514 1 . 1 .... v • -. ! • I i • • 1 j r: I ; - .. i f, 1 1