The Sun. — London, England, 1813-02-05 00:00:00

posterity), that Popery, on the one hand, WA Pu ritaniim, on themether, Were not very congenial with civil and religious liberty. 'The Clanrch of England; standing - between the two extremes, had been found favomable to both ; and its altar was considered as the soundest basis on which to set ,up 04 palladium of our national freedom. Seeing, then, that the Constitution itself; par 7 as settled, in this respect, at the Revolu tion, aad, as it exists' (with some sUbsequent im provements) at.this day, has, hitherto, thongbt it necessary to exeltule the Catholics front a cer tain portion o f the Government of the Country ; -sating, also, that the same exclusion existed in Ireland„ while s separate Kingdom and having a distinct, 4,44latnre, arid that it . was not only continued upon the Union between' the two Eingdoms, (whatever might be theexpectations tormed by the Cathol:cs of auy subsequent change) but that the preservatinn of the r o istablished Church oUngland and Ireland has been express ly declared 10 he " an essential'and fundamental part of the 'Elinor! ;"-,-where lies the presump tion knot meaut to bp asserted that the Le ' gisiature may nor inalte alterations and improve meats in the Constitution (so far, at leaSti es IS CoMiaterit 'with good faith to the Protestants of Ireland, 'who are parties very importantly inte rested in this question, both in the preservation of their Church and of their property) but all that is at present attempted to be established, is the true .grouud upon which the consideration of :the question commences, and frotri which it sets out. Surely it must he admitted that the, presumn thin ie infitour of the existing Constitoion o and LW! battler) of proof lies upon the Catholic ; he and his advocates must make out their reasons for altering the Constitution."--ilere is no new prin ciOe of exclusion to he set up,—no established privileges to be token aiviiy. The Catholic hits no tight to call upon . his opponents to argue this as a question of exclusion and restriction, against which the presumption lies . ; that question has already• 'been decided by the Constitution ; he Mast CSlMisa Ids case. for altering the Constitu tion ;--- 7 anil, must chew that, what hitherto, could not : be done with safety and propriety, may now iie effec!,ed' with advantage and with security. Not 0n1 , 4 does tint proof he upon the Catho jos, but its clearness must he proportioned to the. magnitude of whet, is asked, and the risk in panting it. At present, no specific proposition assbrought forwa.rd ; yet, oar the other hand, nn former demands,are given up, nor are any court ter concessions offered. Referring, therefore, to . former claims, they ask, and they propose to ac cept no less than " full, complete, unqualified participation of political power.' Now, if, upon examination, this shall . appear trot to be giving up a little on the,pArt of the Protestant Government older to confer a greet beae6t on the whole Catholic Body ; hut that, while it 'is conferring comparatively'a small . belie ht upon Catholics in general, it inav be risking every thing to the, Protestant i;itii . hlisltmcnts, particularly to those of Ireland.--L-In that case, the safety of the tnekiVire should be made out,to lase clear and nrotilesi its.safety should beprnved, not by specious reasonings and theoretical refine ments, tor sgainit those are to be placed past experience, and the . uniform decisions of our an. ues tors, 'the chance of artial benefit will not justify the risk of universal calamity. tinder the, ConStitkal9n, aa it exists, the nation lias enjoyed the greateit blessings ; liberty, toleration, wealth, tranquility, external greatness, an d d omest i c happiness. Before we risit, these e njoym en t li by an important alteration in the Constitution,— ' by adtnitting, into a full partieipation of the rovers. of the - Stec, a description of persons whom the Constittition (no-matter for what cause, religions or other) has, hitherto, judged it netts-, Wiryto votolude, it - ought to be made cleat, ,almost - to moral demonstration, that the change on be 4ift,Yly made:, Let, 'then, the trite question for eonsideiatlian be constantly" I in sight, It ' tint whether tin. Catholics are loyal ; the great body of them ate loyally ant ictred to the Constitution and to the tuipire, and would be more universally so, were they not led astray by wicked and !designing per, sous, Who, to tinSwer purposes of their oWn, en ticavour to excite the catholicl to turhideneti.,... " When I sp'ealt of the necessity of combining with the accomplishtnent of your wishes, prOvi sions of just security to others, am no less del birous ot consultingivery misotiable apprehension on your part. TO the forms . indeed ofthnse st euritits I attach comparittivitly litt,teimportance.”: The neecisity, then, of seturititts, in some torso or other, against foreign- iniinence—of complicat ed arrangements lOr doineStic tranquility.-.-of pro 'visions for the inviolable. maintenance ot the civil and relit : oolns it.stablisnments of the United King- - dr~ttt is bere distinctly stated, not by a ''.higotted ChaMpion of. Inteleranti,!' but Loy the gNeut Leader of Catholic Advneates se i ne e d.. mission has been repeatedly 'mode, by other emi nent supporters .of die Catholic Cause. Whether any such harriers anti arrangement's eo n be deyised as shall afforti sufficient security, cannot at present be examined ; because none, are now proposed—nor hitherto have any that appear trittsfactory been any where stated. The Nega: , tine to . b e Nested in the Crown on the appoint ment of Bishops, have since been rejectedr and dis avowed by the Catholics, nOtwithstanding the aettuiescence of their Church in ,sitnilar arrange ments underother Governments., and the express Consent formerly given by the most considerable ot their OWU § The demand now , s e ems • Lotto, pugs 20. . t Lptter, pw Lftter, p. 1.. § I.ptttr. ji. 14, At motosT.Housr, Dutriel, CArman , ilr the employ of Mr. Bailey, of (iriib-street, was charged with careless driving', by which a shock,. ing accident took place on t.iaturday evening,- 7 Dennisey, of Upper ,Thanues-street, 'waf; crossing Chcapside, when the prisoner was riding iii a cart, mid driving' with great rapidity, by which she was-thrown down, and one of ti l e wheels going over:her, she had a thigh broken, and was otherwise so.much injured, that. little beim ,remains of her:reeovering. Mr. I):tvis stated, that-he saw the prisoner. (hiving beiweea it trot and, a gallop, when the lady was thrown. lie called to :;him to stop, which he did, and seemed to he srury for what had 'happened. The prisoner stated;izi his defence, that then! were:two horses in the cart, and it was impossible to stop them, so as , to,' have saved; her, even had he perceived any, one in the way, which. he did not. He was very sorry for what fled taken place, and called his employer, who gave him a good character for sox.- diness and sobriety. Alderman .BRlDoits observed, that if be had been driving on foot,: instead of riding". (which of itself an (Ai:once) , the accident might hoe been avoided. He Waft LONDON t Prratc4 by TIIOSTAS WOOD, of lli, Strand;,and Putaisi,ed t LIAM Uzi), 7 SCRIPPS, South Moltnn-strect, G rosrc nor.itlintre. alt tke Sus th-Fice, No 112, Strand, svl;ert drive/flirt/he/4v, (+rites-11ot the Paperp . Latitrg for the Editor, &c. (post pa Nt, must be addressed. India Otattl3, /, ) Sou h$A S 0 ,l 01 A t 5 0, , iliati wAfriat AT toSina"-,_ muming, as iniNowl. 'a no 6 . I ‘ 7: l:Ei a i i - r - - 4 i vi i Ilaut' t:(1114-r : 4143::6.14g:' :ti#11:11°111:":P --rE4'1).171111 ‘111;114 :4 l‘r:lli't'lii berty, as widely as possible."—"Thank God I they would ..curry the blessings of Toleration ,as far as can:possibly be dune with safety to the „Constitg, lion itself. , But it is atili to be presumed, that the taws which have, at various times, been made for the improvement of. the Constitution, have been framed in its true '' spirit and principle," and with a clue regard to " Religious. Liberty';" and yet . , hitherto, it has not been thought,safe by those laws to concede to the Catholics what they now demand. What is the very leading principle and .ossential charaeter of our,coristitu tional laws, so far as they regard', this 'subject ? Thep security of the Protestant Establishtnent.— It was for the ,sake of securing the Protestant Church, that the Revolution, so fOivtly termed the " glorious" Revolution, was principally ef l!ctecl. it is for the security of that Church, that the . 4 :;overeign must be a Protestant ; .that the, Royal Consort must be a Protestant ; that 'the Ministers of the Sovereign must be Protestant ; that the Parliament .must be Protestant. It is for the security of that Church that.the House of Brunswick Sits upon the British Throne i—why, then, the constitutional principle of extending re digious liberty has its boundary ; it is limited by', whatever is necessary to the security of the Pro-. testant t.stablished Church. Let it, at the same tithe, be rerollecteu, that this, eorstitutimial auv.iety for the safety of the Prottistant Church, l.s not. fottotied in a bigottcd hostility tea Popery, merely is a different mode of worship, - and a different construction of I)iviric Plc vrlstion,--•i►nt founded merely in ;religious preference, and in a difference of tenets ; but it founded also in no anxiety for the very safety of civil and religiolh liberty—an anxiety growing ont of experience.---Experience had proved that the Roman Catholic Church had a strong ten ilency to Arbitra'ry Power and to Intolerance; — experience butt taught our. Ancestors at Revo (ann,its impressions should not be effaced . from our recollection, nor from that of our latest It it net, whether they shall have full toleration ; they haVe it already.. It is not whether they shall be protected in their persons and property ; they are under the protection of the same laws as the rest of the King's subjects;---but: whether they shall unconditionally share in:every part . of politi cal power. That some qualifications may be required for 'admission into the exercise of particular parts of political.power will hardly he denied, since it is a principle that runs through , almost every branch of our Constitutional Law. That religions opi. nion may be a proper qualification, should not he . brought into discussion, otherwise it may he ne cesbary to defend the propriety of requiring the Soveteign himself to be. ProteStant ; T -biii4be true point to be discussed (from which ground the ad vocates of the Catholics should not be suffered to shift the question), is this, the Necessity and .Safety of making the change, and which can only be established by some great change of circum stances. "r 1 'hat, then, is this great change ?-11as the Ronian . "Catholic religion changed its tendency and its great leading characters ?—luildious im putations against that religion, (which can only, produce 'irritation ; where mutual kindness is so desirable,) should be carefully avoided. Whether the principleimf:i dispensing and a disposing pow - et., and of keepingfaitlewith heretics, now,* ever did exist, peed not be discussed. flow fir the abuse of such a pretension might take place to Mead the low and ignorant, ybe out ques tion ; but against the enlightened Cathidic, 7 -- against the higher order of that persuasion, the iinputation of such principles muse be unfounded. Particular tenets tit the Religion, such as Trims• - sitbstautiation, the warship of the Virgin, and the like, are still less wateril in considering this, ques tion, which is to be exaiiipled in a political, and not in a religions point or view. But the political tendency of the religion to ar bitriry power and intolerance, and its'leadirig cha racters, namely, the dominion .of the Priesthood over the flock, and the autlority of the Pope ovet the Priesthood ;—Are these qualities changed and, while they exist, cao these ckzirns be safely admitted ? What is this power of the Pope ?----an city of the most extensive kind, vetted in a Fo reigner, not under the controul of the - State ; and that Foreigner (whatever be the character of the individual. who, at present, fills that station) Must be, as long' as Europe remains in its pre sem condition, .a mere instrument in the hands of France. The influence of the Primthood over the Flock, is also licar?y' without limit ; it is not confined to religious instruction, but extends itself into all their civil, their social, and their domestic concerns , I'he tendelley of rods an influence, un der such an authority, has shewu itself in all past times. . The existence of clangers from these circum stances has been, so repeatedly admitted by the bet 4 hien& of the Catholic cause, that it seems unnecessury to enter into.a disctission of it. By the best friends of the Catholics are )Meant, not those who are endeavouring to mislead and inflame thcol for views of their own, but those respecta ble Members of tore. ;two Houses of Parliament, who, at different times, have brought forward and supported their petitions. They have been sensi ble- of these dangers, and have distinctly and re- Peatedlyailluitted their existence. sioni passage or two from the celebrated Letter of a noble Lord entitled to high respect, the Chancellor of the University of Oxford, will serve to prove' the as sprtioit. • 1 . 4 With the jug and salutary extension of civil riglita.to your body, must be combined, if tran quility and union lie our object, other extensive and complicated arrangements-44 dne proyision, must be nettle for the inviolahle mair.tenance of the civil and religions establishments of the Unit ed :Kingdom ; such at least has always been my own declared opinion. " Among these measures I pointed out the proposal of vesting in the Crown an effectual Ne gative on appointment of your Bishops. 'That suggestion had previously been brought forward in the Houseof Commons to meet the just expec tortimo, not of any bigotted or 'inteveifteti cham pions of intolerance, but of men of the pureit in tentions and most enlightened jtidgment—men wiiling to do all justice- tip the loyalty of - your pre sent Bishops, but not unreasonably alarmed at .any passibility by which futictio*s of such exten sive influence imght: hereafter be.conneeted with a foreign interest hostile to the.oatiquility of your Ovary : a danger recentry very ,much increased by:the captivity anrldeposal of the head,of yam. MIMI, by the seizure of his dominion', and by the d eg imod attention of that hostile Poyernment to assume in future the exclusive nomination of his successors." made on their part, of unconditional coneeSsion, without any guard. or security whatever and, what is taill more strange, these sapporters of the Catholics; for some tmaccOnntable change in their opinions, appear ready to go.that length in their tonc.2ssions ! !---And what is it that is now , de manded,,..—That which does not exist in any country, Catholic or Protestant; namely, that the Government of the Church shall be wholly independent of tile State, while the. Members of that Church, thus denying the authority of the State, shall yet fully participate in the eXercise . of all its political powers. The want of these secorities., (no proposition d eny such thing being made, mor any plan Of them suggested for consideration ; on the contrary, the necessity of. them being; now apparently denied) might furnish sufficient grounds for rejecting the present motion at once. ror, surely, in a matter of this linnortance and magnitude., Parlia ment may reasonably, expect sonic statement at least to he made of what is intended to be after wards proposed, before it takes any one step to . wards giving its countenance and encouragement to the measure. But the proposition should not he rejected upon partial considerations and formal objections, which uiy only serve to keep alive the continued agit►►tion of a subject so desirable to be set at rest, It will be more frank a►►d proper to consider brief ly, the advantag Which, have bee►► at , different times suggested as likely to arise from these con cessions, and the securities .which have been hinted at as tending to prevent danger. (To be cuntinuecL) LAW REPORT. CONSISTORY COURT, DOCTORV-COMMONS. DARIUS V. HARRIS. This was a proceeding for a divorce, instituted' b/-,lilizaheth Mary, • the wife of William Harris, Log. of Mile-end, against her liesband, on the grOund of cruelty. It, appeared that the parties were married in October, 1801, and had several children in the course of their -living together from that time till 'November, 1811, when Mrs, Harriswithdrew her 'self from the society of her.husband, in conse qvienee, as she stated, of being unable, any longer, to endure the cruelty which formed the ground of the present'snit. - . . The particular pet s SiiiCifi°(h as forming'alto gether a charge sufficient to sustain the suit, were, that the hushand.was in the habit of beating his wife, and throwing tea-cups and other things at her,--his ill behaviour to her during her lying-in, denying her wine and necessaries fOr the occasion ; his refusal . to furnish 'her with clothes or money suitable to her situation in life as his wife, and depriving her of the management of her hote;e hold, tke..corroborated by her having exhibited articles of the peace against him at the Sessions, upon which lie had been held to bail. These cit.- curnstances were detailed in the evidence of the wife's sisters, the servants in- the hote.e, and 'se veral others, which, it was contended, established them sufficiently to entitle the virile to the'remedy she applied for. The defence was confined to : a denial of any acts of cruelty endangering her persOn, or afford• leg legal grounds for A divorce; and it was con tended, that the principal witnesses were biassed by their relationship or: friendship tot the wife, and bad given an undue colouring to the casual ebullitions of transitory passion, representing then) as acts of aggravated crnejty. Sir W. Scorr, upon recapitulating the evi dence, was of a different opinion, And considered many of the acts of cruelty proved, as sufficient to induce a reasonable apprehension in the nand of the wite for the safety of her person, and to ren der it impossible that she could continue. to live with her husband in the dins fulfilment of the 04- ligatiims of the marriage contract. Be therefore signed the sentence of divorce. CQURT or KiNcvs I FeP. 4 . TqF KIN° V., GIOYLE;R AND °THERE . ). The Dele'Want, a Clerk in the Navy Mee,: : who was convicted. of a conspiracy the Sittings after last Term, for obtaining pensions for seamen, by -giving hem false certificates of service, was brought up for judgment At the lame. time, J. How.ard, an Msistot Clerk, Parry, Sheffield, Sadler, and another, who had conspired with therri for the like purpose, were also brought up for judgment: Gawler, having been also convicted on another indictment, -for obtaining Money by false pre= fences, tinder which he was SeHteliCCii to lie t rani ported the Court said, they must inflict the only punishment which Was lett them, viz:y.lll4a he should be pilloried opposite the Admiralty, and be once publicly whipped, opposite the principal gate of.Greenwieh Hospital. Howard was sentenced to 12, months imprison ment, and the others to 9 months imprisoment. EPILOGUE TO ThE STMENTS OF S.II,ANIIN' WRITTEN' BY JAMES SMITH) ES SrOI:EN BY 'AIR , C. KEMBI.E. Our Sa!nmanca Stuilen , .s, stuff'd with k!!,)t' dbti I, /lave kept their Tehus in Salamanca College i .1 latlt what the dickens will the fellows do t. x ifT t i :Ili: d i: n e t t i tj1,1,:?; smiteito tt i lt n e e ta t r i .tneLni:eissoirtslic)r-cuv:,,i ;,;i 'Words 111;414 , i:rive, but hearts and helots can ! ' 1 , I S n P:t ja i lif,:it.itoli,telei, i g ,, otite i '.. u l p i , i ti a r t )I.ylomutrterunffs : .... at_i_fi sst ig ' , .r Veils, lailifers, -I,*sp-liolcs, lattices, adieu! ~,. , With s;ilemii plii.e.,,icutire cap, and stocking 4 1 . 1 it I'll turn 3titge lecturer—,),-,iy, Sirs, be taint,o ISly motto's. Pilot; ci Specuipin. 11;T r ‘iu t t i) t.A. b.d , L. aD i i) ,. c i t ) o . r 61 , e x ar . i . l i e .. d . 1 1 2 e x t a te r r d 'il Wit ' I Fir it we'll suppose those liurips a Court of l)l**4 .':' " My Lulls, a hem !—I humbly ruove-.4 )41'4, " (This plague c , iugh impedes my peroration) .i'. " I more that' hissing plays be transportaliasp. " '"Cis time, my Lads, disemdant lungs t" " My Lints, I hold a brief with Serjeaat iaafiteC " To plop the dictum of my Learned Brotho , „ " I move that hands be made to clap each At: a. " Well, Brothers, take your Rule, in cominoltr " You'll serve it on the Antainsinca Studetits; " ,kiid if the town rebel, your course is tills -- 44 0 . " The hands that clap must stop the rtioutus But why to Westminster fur samples romn?„ My mbtto, overhead, cries " look at home! I will—behold you Buck; array'd in furs, _ i i„001 1 Longskirts, short boots, brass foreheads, anF"" r fwo stars abhor one sphere—war! wars the Tito "Sir, I'll sit here"—" I'll make you' j stattd:„ . lel "'Twas you, not I—l wish you'd mind rot! ":„,;01 ) 1 " You've priek'd my leg, I wish you'd minaP":4lf. "Bravo! go mil—oil! of l—pshal cease 704 1 ,,r, , '. , " Madam, retire—l wish to see you bufklAV I " Sir, that word's out, we call it hivogoal tk) _„.. Ye Students who on Salamanca's plain ~hil' '' . Taught France a lesson France will long scud"' '. Our Salamanca Dons here strive to-night .L., emulate in lore your skill in fight' L ..„, t s Give them good fellowship, and let them e" Thyir tire act College upon British grotin tl ', . So shall they con their task with merry fiec t ' ae f. .: And graduate, nightly, in the town's god h • The following is a a more.p . ar,tical e lo the escape of the three prisoners of w ar ' depot at Perth . In the course of Thursday last, it s e ernl ' e Were seen, but recognised only asStrangot Forthill, near Broughty Ferry, and in tl!' ; enteredlll tl►ey house of the vill a g e °' ekedUt provisions. The up all.the bread ttlat the se allirr rented a leathern bo ttle e filled o'clock lvt lo: in)a .be tol'ci to who remarked it 'stein have li clone. About alaie of the Ir. Grub's sin►rck the sbe was know pared .for - next Morning's exeursinn cif ven this Mornin islydJ o g s 1 : 11 , 1 : 1 ; eeohi it 1 2 1,1 ‘ ce : tloured tpi P o l ete l e l it o l er l i i ,g c t an i o l ll l o : Selves and their •booty, and . the w' continued favour 11,'.Q, it is likely tic , counts of them shall h from the coo , The Naney, a VeS i tiell of Ir, tricrly a Danish privateer, and waS Fanny. A quantity of oatmeal, empty casks, have fallen with her of the present capt . nrs. On the 7th inst George H„ „O l t his:right leg and the ~,, r riake`` dertook, for the bet 9 — f a gtilne 4 ' enact), from ;Valleyfield to the cen di3tanee of two miles, and retu" h e ace". ,space of 30'. minutes, whic • nisb pushed in 27 and a halt , t o the situ great number of speettyw r ' t during Il On Monday se'unight, .a $ • robbery Was corninitted within 24)° Pit le wick, (between the South TornP t h at town) by two foot-pads, wh, ° , t ' s . Gentleman's servant, rifled his poc 4e 110, t p l o je un ic a g i:o b t , e o. 3 ,:n o g n p d re v s e i rL s s i t y rg e r u e t ly bi l l : l : , and stirrup leather. A ing 4l' t crtne IttisTs .-Shooking „, was taken onTnesday betore A. GOL 1 " ri f : lo net. for ,Westminster, on the bodt iiintertbur, cook to Mr. Sandford, a 111 11 of fortune, in Upper Grosvenor-sure, .1.1,it ceased was formerly in the service of 11,),ed Royal family at Hanover, where hisllade keeps an hotel. He went to bed at-hisoe in Chapel-street, 11.1ayfair; on Stou l3v ~a i d, g°od health, but not having le ft his cP,i4,4 •his usual hour on Monday morning, tl'eoeil,4' forced, when the unfortunate mall most shocking .9netacle, his bead h a l , 'nearly severed 'from his body, and iris "' c l ub!. It was proved in eviden 2o ceased bad.lately been Much disordere d rd &Sanity. H. Wednolday, at his h BIRT ousein York , itte et tfa" liun. Edward John Turnour, younge"" "°" Wintertoo, of a Sol: • On the 3d - iust. at tit. Jiride's Chirch, Flee t seoll Taylor, Sui• 4 White, , Now liritigi—street, r Wh t ite niece el 'llloreas .(t.'of We 3tll j,,ao • LAttely, aC the Gilt Church, Maiicitc'Ae l s of ',Vitus, to the MIA. aius, Cheshire. k - • DIKI.), . . 14 t.)40 ti On the id inst. at IVateritts;mn', ncar N 13 1,11 gor the wife of the Itev. J. H 116v/14:Lt., M. A. ot ' the Fiektiti, \V.alic - I , ler. Lit ~ veeL, to•zhe Citarter4lome., she JR, • ,g -frV ling*try, ftiroterly a shoetuaLer in. Wet 1 ilvAlly halt a, etotory. l a, ~ Oa tile 9th of Nov,:nribta 'n t.' Nieliteroin wo , 1 ad i , 0 1 lii:i Atije,ity' , . sl:id Milford ! , la ,otitcquence "t wa s celyett ti.,. ii 4.!:,y, while reconnt;itting a 5tr.11 1 5,;0 0 % ild year, NI/ . 01.11itel Ma.wileAley, SeZaild Latta:oo,f hip, +a fltaiiC of Chester, .aotlsacon# hurl of th ' MAwde%le -..,---- CO.IL RO. 3, ; t4i, 30 ,1, t to , * * A S (Otis at. 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