The Sun. — London, England, 1860-12-01 00:00:00

THE NORTH (Fr on: the Mechanics' Magazine.) TVA surveyi ng expedition to the North Atlantic, which has just bee,, completed in H. M. steam frigate Bulldog, under the Cr mmand of Captain Sir F. Leopold M'Clintock, although itt has been carried out during the severest and most temp estuous season known in the north for 30 years ;past, leas accomplished the objects with which it was wisely deep atched by the Admiralty in June last. It is well known to our readers that the expedition was undertaken in consequence of representations made and requests p re ,. ferred, by the promoters of a proposed North Atlantic "Telegraph, which was to be—or is to be—extended from Great Britain to America, in several sections, viz., from Scotland to the Faroe Islands, thence to Iceland, thence to Greenland, and afterwards to Labrador. From Labrador the line is to be carried overland to either the river or the Grklf of St. Lawrence, and then cross to Canada and the United States. But, although the proposed telegraph was the occasion of the survey, the expedition was of a purely official and hydrographic character. It was sent simply to sound the contemplated route, and survey certain places, and not to pronounce a decision upon the nature of fr a tele - graphic project. It is necessary, we find, to remind our readers of this:fact, as some persons have felt surprised that the return of the Bulldog has not been followed by a public and dogmatic'announcement of the practicability or impracticability of laying and maintaining a cable by the northern route. We propose here to state briefly the prin cipal facts which the expedition has developed, and for the development of which alone it was undertaken. The command of the Bulldog was entrusted, as we have said, to Captain Sir F. Leopold M'Clintock, of whose un rivalled fitness to conduct a scientific expedition to the north there can be no doubt. The surveying officer ap pointed to assist Captain M'Clintock, in taking the deep sea soundings, and to make charts of the coast of Green land and Labrador wherever surveying operations were practicable, was Mr. J. W. Reed, Master R.N., who had shortly Wore returned from six years of continuous ser vice of &similar kind in the China and India seas. Dr. G. C. Wfallich, F.S. L., also took part in the expedition as na tu.ralast. The Bulldog s t e amed from Spithead on the 24th of June, having been previously equipped with all such machinery and instruments as were thought to be necessary for the service upon which she was entering. She arrived at Stor noway on the 28th, from which pert (after taking in coal) she started for the Faroe Islands on the 2d of July. The town of Thorshaven-the principal town in the Faroe group of islands-was reached at noon on the 4th, and Et local pilot was there received on board to take the ship round to Westmanshaven harbour, where she anchored for a couple of days. On the 6th of July, the passage across to Iceland -during which the first set of soundings was to be made was undertaken. This passage occupied four days, being completed on the 10th, its duration being, of course, greatly lengthened by the stoppages that took place when the soundings were performed. It is unnecessary to give the details of these soundings at length ; the following account o f them will be sufficient. Between the Faroe Islands and - .lceland 24 soundings were taken, at intervals averaging about four hours. These sounding ranged successively as follows, viz. -63, 254, 260, 43, 56, 53, 85, 184, 277, 267, 264, 269, 253, 25 2, 244, 250, 350, 682, 127, (368), 64, 100, 56, 49, 42, 640, 445 fathoms. All these depths, it will be seen, are very moderate, and on the whole pretty regular, indicating, of course, corre sponding regularity in the ocean bed. In one instance, however, it will be observed that a sudden decrease of depth from 682 to 127 fathoms took place. In order to ascertain .the probable nature of the sudden acclivity thus indicated, Captain M'Clintock ran the ship back to about midway between the stations at which these two depths were obtained, and there found the depth which we have placed in brackets (368 fathoms). A sudden in crease of depth from 42 to 640 fathoms will also be ob served in the figures as the coast of Iceland was approached. This is, no more than might be expected in the immediate neighbourhood of a country like Iceland ; it shows, however, that the sea bed rises very precipitously at the spot where the sounding was taken; although, on the other hand, when the bottotn near the coast is more minutely explored it may be found that the general surface is pretty level, and that the Bulldog happened to hit upon an exceptional depression. The bottom brought up throughout the passage was chiefly mend or mud, or both; between the deepest sounding and Iceland, however, shells and fragments of shells were fre quently found; while at the last two soundings tenacious black mud only was obtained. The temperature of the sea water at 100 fathoms down varied between 44/ deg. and 48 deg. Fahrenheit; at the surface between 48 deg. and 50 deg. After lying at Reikiavik for three days, the Bulldog started on the passage across to Greenland on the 14th of July. After a run of five days, during which frequent soundings were duly taken, numerous large icebergs were encountered, and in the afternoon of the 19th land was sighted. As the coast was approached large quantities of drift ice had to be passed through, and soon the impenetrable packed ice was seen ahead, rendering nearer approach im possible. Nothing could be done thereforebut to run south ward to Cape Farewell, of whioh the ship was kept for four or five days. On the 24th an attempt was made to get into Frederickshaab, and large quantities of drift ice were again passed through, but it was found impossible to get within less than 14 or 15 miles of the land, the ice being closely packed as far as the eye could see. From this date up to the 7th of August--a period of no less than 14 days-the vessel was kept knocking about off the coast of Greenland in weather of a very tempestuous character. On the last mentioned day the captain centrived to get the ship into the port of Godhaab. In the passage from Iceland to Greenland thirty soundings were taken, and the depths obtained were-22, 60, 69, 80, 203, 166, 153, 117, 292, 610, 819, 853, 1,086, 1,235, 1,377, 1,572, 1,550, 1,527, 1,473, 1,234, 1,285, 945, 947, 227, 806, 228, 260, 121. These figures show that the maximum depth found between Ice land and Greenland was 1,572 fathoms, which is by no means a difficult depth to deal with, especially as it is very gradually and slowly attained. Near the coasts there are frequent changes of depths-one to the extent of nearly 600 fathoms in so short a distance as 3-' 4 miles. But these may probably be avoided if a further exploration is made, and at any rate they are not after all very serious interferences ',ith the deposit of a cable. It is very easy to provide for them, by running out a little extra " slack." Moreover it happened that the sudden changes on the Greenland side (from 947 to 227, and from 227 to 806 fathoms) were ob tained in the vicinity of such a lofty and impracticable coast that no one would contemplate laying a telegraphic cable there. Near Iceland the bottom brought up by the instruments consisted chiefly of gravel, sand, and shells ; then mud was several times found; then followed light coloured sand, small stones, fine white sand, dark clay, light clay, light yellow ooze, fine yellow sand ; and then, as the coast of Greenland was neared, mud and rock were brought up. The temperature at 100 fathoms down frequently fell to 40 deg 4., and once to 34 ; at the surface it varied consi derably, falling below 37 degs. near the Greenland shore in the vicinity of the ice. On the 14th August the Bulldog again put to sea, and for several days Captain M'Clintock renewed his efforts to reach the land at the south. But Cape Farewell, and all ,the adjacent coasts were so beset. with ice that this con tinued impossible, and consequently on the 18th a course was shaped for the Labrador coast, and the last line of soundings commenced. On the 23d the land was made a few miles to the north of Hamilton's Inlet, the anticipated southward current, which was allowed for in the vessel's course, and which should have brought her direct to the inlet itself; not having been experienced. The presence of the ship to the north of the station was, however, turned to good account, for it was found that deep water was there met with much nearer to the shore than it occurs near Hamilton's Inlet, which renders it probable that a deep channel running inland may there be found to receive the telegraph cable—such a channel as that 'which was thought by Col. Shaffner to exist at Hamilton's Inlet, but which the captain of the Bulldog has carefully s earched for i n vain. The value of such a ch an n e l wou ld o f co urse consist i n th e p ro t ect i on f rom drifting icebergs which W o uld It c uld afford to the ca bl e . Si x t een sound i ngs were taken oat the, series of across to Labrador, giving the following ue pth s, viz., 1,177, 1,23,5, 1,680, 1,690, 1,919, 1 924 4, ° 32 , 1,983, 1,915,11,919, 1,750, 1,535, 1,190;285, nod 86 fath o On this section of the line again we have greater andsu's. epth than 2,032 fathoms, and this is very gra dually asily tom brought co lP u p a reached in both directions. Th e hot found difficult to lixiaiestted chiefly of light ooze, but it was ottom in many instances, an d seve ral new contrivances Were devised on b oar d th e s hi p f or t h e purpose, a full ac count of which we h ope to give on a future te occasion. The sta of the w ea ther, which was very thick to the di ffi culty of the des and stormy for the greater part ft .sea sounding operations. added greatly pg operations. In addition to the soundings which above, Sir L. M'Clintock obtainedrnanywoethhave describe ers, both on th d Labrador coast, and on his return pass ages. Thos above e , gr? scheme recorded are sufficient, however, ocean bed is concerned the North Atlantic Tele ph is unquestionably practicable. From the statements which we have made respecting the ice on the coast of Green land, it may at first sight be considered a very di fneult thing to land a cable there, in such a position as to be at all times secure from those vast masses of iee which drift, and surge, and grind, and crash upoii those frozen shores. But this is not in fact the case. The natural fiords which abound on each of the coasts on which the cable is to be - - carried—thoso of the Faroe islands, I c eland, Greenland, and Labrador—are marvellously well adapted both for the reception and secure protection of the telegra phic cable. The reports of Sir Leopold M'Clintock and of Captain Allen Young, who has just returned from the expedition to the North in the Fox, are in favour of this view of the case. At the Faroe Islands Capt. Young examined carefully the fiord and harbour of Haldervig, b3tween Stromoe and Osteroe, and states that he found all satisfactory, and thinks the place "well adapted for the reception of the cable." Again, with reference to Iceland, Capt. Young says, " I have examined Hoalfiord and Maria haven, and find them well adapted for landing the cable." The water in the fiord averages in depth, he says, from 2.5 to 18 fathoms, with soft muddy bottom, and the end of the cable can be taken on shore in Mariahaven, on to a sandy beach, where it will lie in repose, and in a land-locked posi tion. With reference to the coast of Greenland, Sir Leo pold I.l‘Clintoek, in his report to the Admiralty, says :-- ATLANTIC TBLEG_RAPII "Upon inquiry, I w as i n f ormed that the large Fiord of TO AmER.w.A. Tessermiut, imm e di a t e l y to the south of Nennortalik, was the most likely place to find security for a cable, that ice bergs never came into it, and that there would be found ample depth of water from it out to r•ea ; a o, that near to Nennortalik secure anchorage in moderate depth would be found in a large bay, and also anchorage up in the fiord. The metamorphic rock of South Greenland is frequently tra • versed by broad trap dykes, far less dat able in character. These dykes are seen in the faces of cliffs, and so eroded As to ki'm deep 'outs or chasms leading down into the sea. It has bean suggested to select one of there natural fissures in some cliffs which the icebergs do not approach, and where the depth is much too great for ordinary pack ice to ground, and either to fend off this floating ice by mane of chains secured across, or to build up the fissure with stone and ce ment, and so afford the cable within it undoubted security. I have frequently seen these rotten trap dykes varying in width from a few feet to several yards, traversing almost perpen dicularly the faces of lofty cliffs, and I consider these well adapted for the shore end of the cable." A gentleman who has just returned in the Fox informs us that at least three fiords, exceedingly well adapted for the reception of the cable, are said to exist on the South coast of Green land, one of them at a very short distance from Cape Farewell. One of these was examined by the officers of the Fox and found perfectly satisfactory. The very hur ried but sufficientlyminutesurvey of Hamilton's Inlet made during the expedition in the Bulldog has not, as we have previously intimated, confirmed Col. Shaffner's opinion of its fitness to receive the cable. On this subject Sir L. M'Clintock says in his report to the Admiralty :—" From 24th until 31st August was spent in an examination of the inlet, which, although considerably narrower and with less depth of water at its mouth than was expected, yet pene trates further into the interior. The distance from Indian Harbour at its mouth to N.W. River at its head is 118 miles. All this inlet was rapidly explored, the main channel for about half its entire length sounded, and the whole laid down by Mr. Reed with sufficient accuracy for ordinary purposes. But these soundings are not nearly sufficient for the requirements of a cable, as we found the depths to be very irregular, and seldom sufficient to secure a cable at the bottom from icebergs." There can be little doubt that a further survey on the coast of Labrador—which must, we think, be undertaken next year —will discover equally good accommodation for the cable there. The late expeditions have, therefore, placed the practica bility of the proposed North Atlantic Telegraph almost be yond doubt or question. They have shown also that that part of Col. Shaffner's original design which was least ap proved, viz., the carrying the cable across Greenland by land, is not at all necessary. Four lengths of submarine cable, touching the land at one station only in each country, and neither of them much exceeding 700 miles in length, will put us in complete connection with the shores of Ame rica. Since his arrival home Dr. Wallich, the naturalist of the expedition, has printed for private circulation an interesting paper on the presence of animal life in the sea, and on'the nature of the sea-bed as bearing on submarine telegraphy. As this paper was written during the late expedition, and is to some extent a consequence of it, we propose to add here a reference to it and a few extracts from it. We are the more disposed to do this because, as Dr. Wallich observes, our first clear glance at the floor of the ocean may be said to bear date from the period at which telegraphic communica tion between the various countries of the globe was first undertaken. " Our previous knowledge of its characters was both limited and imperfect in kind ; for, although the depth of the sea had been approximately ascertained over widely extended areas, no attempt had been made to inves tigate the material of which its bed is composed. It was only during the last few years that the possibility of per fecting our information became recognised." Dr. Wallich, after pointing out the uncertain and imperfect state of our knowledge respecting the animal life which some have sup posed to flourish in deep seas, remarks that by the deplorable fate of the telegraphic cable between Ireland and New foundland, that result has been accomplished which no amount of indirect evidence could achieve; for not only has it been ascertained (during the recent efforts to recover a portion of the wire, that (as he thinks) minute animalforms of the occurrence of which, even in comparatively speaking shallow water, we had no conception, are able to effect a lodgment within the insulating and protecting coverings of the cable, but also that the existing methods of scrutinising the sea 'bed " are utterly inadequate for the requirements of submarine telegraphy, however admirably adapted for those of navigation." " The gradual deterioration of various shorter telegraph lines indicated," says Dr. Wallich, " the presence of dis turbing and destructive influences, of the nature of which we remain more or less ignorant ; whilst certain erroneous statements have, on the other hand, been so authoritatively put forth, that they commanded an almost unquestionable belief. Amongst the more prominent of these may be men tioned the assertion that animal life cannot by any possibility be maintained at a depth exceeding 500 fathoms ; that the process of deep-sea deposit is so universal and constant throughout its waters, that bare rock is rarely, if ever, to be met with at deptha,beyond 100 or 150 fathoms ; and that along the ocean floor no current ever sweeps so as to dis turb its state of perfect repose." In the hope of being instrumental in throwing light on these and collateral topics, he hailed the opportunity pre sented by the equipment of her Majesty's ship Bulldog for the survey of the projected North Atlantic Telegraph mute as being singularly fitted to yield interesting results ; and he states that the main object he had in view, namely, the determination of the depths to which animal life extends in the sea, together with the limits and conditions essential to its maintenance, has been in a great measure accomplished for " not only may it now beaccepted as clearly proved that life exists at depths far exceeding those heretofore supposed to circumscribe it, but, taking into consideration the high organisation of the forms discovered, and how little they seem fitted to carry-on their complicated, functions under so enormous an amount of pressure as that to which they are subject, we are warranted in assuming that a large class of creatures inhabit the deeper recesses of the sea, and that, by the evidence thus brought to bear on the question of oceanic deposits, our knowledge of the conditions under which many fossil forms lived and perished may be mate rially augmented. The long-mooted question as to tie occurrence of certain species of Foraminifera* in a living state at vast depths, has been solved in like manner." " In the soundings taken during the cruise of the Bulldog between the Faros Islands and Ireland, Globigerinaf was met with in every instance in which bottom was brought up from the deeper water,unmixed with arming' material. Between Iceland and Greenland they were abundant in a few deposits about the central third of the channel. Be tween Greenland and Labrador they were almost entirely absent. On the return voyage, however, between Cape Farewell and Rockall, they were very plentifully found, reaching their maximum development in long. 25 W., but declining rapidly in numbers in the direction of Greenland." But by far the most interesting discovery remains to be noticed. In sounding not quite midway between Cape Farewell and Rockall, in 1,260 fathoms, whilst the sound ing apparatus brought up an ample specimen of coarse gritty looking matter, consisting of about 95 per cent. of clean Globigerina shells, a number of starfishes, Dr. Wal lich tells us, came up adhering to the lowest 50 fathoms of the deep-sea line employed. This quantity of line had been paid out in excess of the depth, which was determined by a separate operation; and it must have rested on the bot tom for a few minutes, so as to admit of the starfishes at taching themselves to it. On reaching the surface, and for upwards of a quarter of an hour afterwards, they con tinued to move about energetically. One very perfect specimen, which had fixed itself close to the extreme end of the line, and was still convulsively grasping it with its long spinous arms, was secured in situ on the rope, and " consigned to immortality in a bottle of spirits." "Here, then," says Dr. Wallich, "is a fresh starting point in the natural history of the sea. At a depth of two miles below the surface, where the pressure must amount to at least a ton and a half on the square inch—where it is difficult to believe that the most attenuated ray of light can penetrate—we find a highly organised species of radiate animal living, and evidently flourishing—its red and light-pink-coloured tints as clear and brilliant as set.n in its congeners inhabiting the shallow waters where the sun's rays penetrate freely. Arguing from preconceived ideas, we should certainly not expect to find, in these deep-sea starfishes, the same internal organisation as is to be met with in shoal water forms, or that the circulating fluid, no matter how simply composed, could traverse the delicate membranes possessed by them. Unlike some of the higher families of the Radiata, the Ophiocomas do not boast of protrusile suckers and the complicated muscular and vascular systems associated with such organs. But it is nevertheless evident that (in defiance of the obstacles enumerated) circulation of sea-water, if of no special fluid, over the peritonial lining of their cavities, digestion, tissi -1...7rt 8 r ytbh:s born© milation, and reproduction are carried on unrestrictedly, in addition to the somewhat simpler, but no less essential, operations of locomotion and capture of food." The starfish dissected by Dr. Wallich was found to differ in no respect as regards internal anatomy from the species inhabiting shallow water. The distance of the position at which they were obtained from the nearest land of Green land, namely, Cape Farewell, is 500 miles. From the nearest point of Iceland, namely, the Blinde Skier rocks, 250 miles. Dr. Wallich mentions this lest it should be deemed Possible that they could have been drifted by cur rabfieytta.eny other means from either country, the information of those who are. not versed in the h tl a m b t its th ° e f ming, but formed only a s ll( g ioi enerally, it may be further stated chieflybott mofaadneyukpinads creepingra ov . e along an t i h m e a s l u s f a . n of e ve r rocksw orswim bottom " weight of their bodies and arms, ' they are of calcareous matter, entirely precludes them from floating, o r even raising themselves off the bottom. All former opinions as to thgeliempitisa ceabeifiefere in suchth the t d a e r e t p . sea must, as Dr. IValli c h says, iv h i og facts as these. hitherto living things have not been detected, simply because due measures have neither been devised nor employed for their capture. In the present * The Foraminifera are minute animals belonging to one of the most simply organised families of the animal kinge dem, whose calcareous shells constitute a large pet centage of the ``oozy " deposit so constantly brought up by the soundings in the Mid-Atlantic and elsewhere.—Dr. lick. t A genus of the F.raminifera. PASTORAL FROM DR CULLEN. A pastoral letter from the Roman Catholic Archbishop of Dublin was on Tuesday read in all the chapels of the diocese. In this document Dr. Cullen inveighs with his accustomed energy against the national system of education, mixed marriages, and the present state of things in Italy. The pas- toral is as' follows : " Very Rev. Brethren,—Allow me to request of you to exhort your faithful flocks ttt celebrate the approaching festival of the Immaculate Conception of the Holy Virgin Mary with great fervour and devotion. On that festival we commemorate her exemption from the stain of original guilt. Being destined to become the mother of the eternal' son of God, who, in His justice, hateth sin and iniquity, and to give birth to the Redeemer, who was to vanquish all the powers of darkness, it was meet that among the children of Eve she should be free from the contagion of every•sin, and be preserved from the pestiferous breath of the ancient serpent, whose •head she was to crush, and that, like the rose which rises soft, beautiful, and fragrant from the rough , and thorny stock, she should come forth pure and immaculate from the corrupt and fallen lace of Adam. Bright as the sun, beautiful as the moon, terrible as the array of battle, from the first dawn of her existence as she was the cause of joy and hope to fallen man, and the pledge of the blessings of • redemption, which, through her Divine Son, she was to spread widely through the whole world. Explain, rev, brethren, during the novena, the great privileges of the Holy Virgin to the faithful, and show them how the infinite sanctity of God required that when He wished to become man for our salvation, He should assume our nature from the purest and most perfect of all human creatures. Point out to them also the virtues of the Virgin, her humility, her obedience, her patience, and resig nation, her unspotted purity, her faith, and her charity : exhort them to meditate on those virtues and to meritherpro • t action by endeavouring to copy them in their lives. Ohovith what affection will our holy mother stretch out her hand to assist us in our trials and difficulties ; how powerfully will she intercede in our behalf if we walk in her footsteps, and study to be the faithful followers and disciples of her Divine Son, Jesus Christ I There is nothing that more frequently prevents Christians from fulfilling their religious duties than a bad education. Hence I beg of you to propose to pa rents the example of the Virgin, and to exhort them to teach their children to devote themselves from the first dawn of reason to the service of their Creator, and to walk in the fear and love of God. Your zeal is the more neces sary, inasmuch as great attempts aro now made to mis lead the faithful on so important a subject. You are aware that some modern philosophers have propounded the absurd theory, that no mention of religion should be made to chil dren until th . ey should have reached their 13th or 20th year, thus leaving them to forget their Creatol• in the days of their youth. There is another theory somewhat different, % iz., that persons ofall religions, Arians, denying the divinity of Christ; Baptists, rejecting the purifying laver of water and the Holy Ghost; Calvinists, who hold that God has created a great portion of mankind for the purpose of condemning them ; Rationalists, who deny mysteries and miracles ; and Catholics, who condemn all those heresies and errors— should be mixed together in the same schools under masters of every religion, and that in order to prevent such discor dhnt elements from coming in collision, all mention of the peculiar tenets of any denomination should be banished from the schools. In school hours the master is nottospeak of religion; the books are to inculcate no special religious doctrines; no images of saints, no crucifixes, no prayers are to be allowed in the time of common instruction, and a teacher, by mentioning the name of the Holy Mother of God, or making the sign of the cross, or speaking of the holy Catholic Church, or its supreme head, the Pope, would expose himself to the severest punishment. This is what is called the mixed system of education, and it is so much in favour at present that British statesmen, though it would not be tolerated in England, are anxious to force it on us, and to establish it for every class of society in Ireland. Will any ono pretend that such a system is calculated to raise the religious feeling of the people, or to make them more attached to that faith which is the only precious inhe ritance left to them by their forefatheis ? Will the mixed system tend to strengthen Catholicity among us ? Will it instance the capture was as accidental as it was fortunate. But "where one form so highly organised has been met with, it is only reasonable to assume that other correlated forms may also exist; and We may, therefore, look forward, at no t ety distant period, to the discovery of a new sub marine fauna frequenting the deeper fastnesses of the ocean, which, whilst furnishing a new field for research for those who are content to seek after novelty, shall also throw a gleam of light on the geology and palaeontology of the globe." not rather promote indifference to all religion, and weaken Catholic faith, which ought to be as firm as the rock on which the Church is built ? Is it to be expeetel that a sys tern that excludes the hallowing influence of Heaven will produce good fruits ? You will point out to your flocks the answers which should be given to these questions, and ex plain to them the dangers of making experiments neon faith and morals. It is our duty to inculcate the doctrine that we have only one really important and necessary business on earth, the salvation of our souls ; that we are to sue teed in this business by the knowledge and practice of our religion, and that, so far from banishing the hallowing in fluence of piety from our studies, we should endeavour to sanctify them by offering them to God, and by uniting them with prayer and pious practices. If God be not kept continually before the eyes of children—if his precepts and doctrines be not frequently inculcated on them—if they be taught to forget faith in the time of study—if they find no mention of its doctrines in their books, the'great probability is that they will grow up without proper religious senti ments. Are Irish Catholics ready to expose their children to such dangers? Will they not rather make every effort to give them truly Christian and Catholic education ? For what doth it profit a man to gain the whole world, or to acquire even the greatest knowledge and learning, if he lose his own soul ? Having referred to mixed schools, you will allow me to say a word on mixed marriages. There are innumerable proofs of the dangers with which they are fraught. I could point out many instances in which all the offspring of such marriages have been educated in error by the Protestant parent or have been brought up with so little attachment to the Catholic Church that they have apostatised at the first wind of temptation. There has been a late case before the world, in which a woman is stated to have sworn to her own disgrace, and to have at tempted to get her own children declared illegitimate, in order to educate them as Protestants, though their father had expressed his dying wish to have them educated Catholics. Such examples fully confirm the wisdom of the Church. She has repeatedly declared that she abhors and detests all such mixed marriages, and she wisely cautions her children against contracting them lest their faith and that of their offspring should be lost. Instruct your flock, reverend brethren, upon this important subject, and teach them to prefer upon every occasion the salvation of their souls to the prospects of influence, earthly power, or riches, when such things are to be acquired by the transgression of the laws of the Church. It is not necessary for me to exhort you to offer fervent prayers for the Church and for the wel fare of our Holy Father during the approaching novena. Prayers and confidence in God were never more necessary. The Church is subjected to most violent persecutions, and the Pope has been robbed of those dominions which were given to him by the charity of past ages in order to render him independent in the administration of ecclesiastical affairs. ,The enemies of our religion are now clapping their hands in exultation, and rejoicing at the expected downfall of what they call Popery. We, as Catholics, trusting in the promises of God, feel that the hopes of the wicked will be deluded, as they have been so often in past times, and we cannot entertain any fear about the final triumph of tb e Pope and the hoiy Catholic Church. We know that the Church and her ministers may suffer severe persecutions and trials, be cause such is the lot of the just who walk in the footsteps of Jesus Christ crucified ; but we also know that the Church is built upon a rock and cannot be destroyed, and that Peter aid his successors have been constituted the foundation of that Church, and commissioned to confirm their brethren until the end of time. Though without fear for the result of the present contest, yet it is our duty to pray for our good Father, who has on him the solicitude of all the churches, and who is always watching for the salvation of our souls ; it is our duty to pray that God may shorten the days of his tribulation and restore peace and happiness to the afflicted world. One of the greatest dangers to which the faithful are exposed in the present struggle between light and dark ness arises from the perversion, now so common, of all re ceived maxims of right and wrong. Indeed, in order to jus tify the attacks made on the Church and the'Pope, every effort is now made to set aside the great principles on which society depends, and even the great fundamental command ments of nature and of God. The writers of the public press of England are loud in their praises of the rebels and freebooters of Italy for having seized on the private property of many communities and deprived the Pope of his legitimate possessions, and thus they proclaim that the commandment of God, ' Then shalt not steal,' is annulled. The same writers have excited the various populations of Italy to rebellion, and praised them for the perfidy and bad faith with which they have acted towards their legitimate sovereigns, thus overthrowing that obedience and respect to lawful authority so often inculcated in the Scripture, and so necessary for the existence of civil society. There is another dangerous maxim very commonly inculcated— namely, that success justifies every undertaking. The ene mies of the Pope have been successful ; therefore, we are told, their cause was righteous, and they are to be applauded. Again, tiey say, the Pope has been defeated, and therefore his cause must have been bad. The same principle is often times applied to ourselves; our religion, we are told, is false, and we are all wrong because we are poor ; while. the Pro testant religion is true, because the Protestant establish ment is richly endowed,and because Protestants are rich and successful in trade. It Is scarcely necessary to discuss such pretensions. If they were founded on truth we should ad mit that when the Turks, at no very remote period, kept all Christendom ill terror by the power of their arms, Ma hometanism was true and Christianity false ; we should also admit that a successful robber would be justified in keeping his prey, while he who had been robbed could not lay claim to have his property restored ; or that a merchant who en riches himself bycheating his neighbours and by using false weights and measures is worthy of all our applause, while the poor unsuccessful honest man deserves nothing but in sult and reproach. " The prosperity of the wicked is oftentimes an occasion of wonder and even scandal to the just. The prophet Jere miah himself asks—' Why doth the way of the wicked pro sper? Why is it well with them that transgress and do wickedly.'—Jer. xii. 1. To the reflecting and instructed Christian the answer to these questions is not difficult ; for we all know that we are not made for this earth, that our permanent country is beyond the grave, and that the suffer ings of this world may be the best preparation for happiness in our eternal home, while prosperity might turn away our thoughts from heaven and fix our hearts on earth and earthly things. To show that prosperity is not the test of the approbation of God it is sufficient for us to consider for a moment the life of our Divine Redeemer. He passed His days on earth in poverty, trials, and affliction, and He suf fered the severest agony and torments on the cross ; yet He was justice itself, and His cause was the cause of Heaven. The saints also suffered like their Master ; and if the Pope now be in tribulation, he is only made like unto Him whose vicar ho is on earth, and his afflictions have placed in stronger relief his meekness, patience, charity, and the other noble virtues by which he adorns the See of Peter. While the most fatal errors subversive of piety and religion are widely propagated, you will not fail, rev. brethren, to cau tion the faithful against them, and to teach your flocks to look with horror on the wicked means now employed in as sailing religion. The history of the last few years will show that hypocrisy, perfidy, treason, bad faith, lying, are th e arms employed in the unholy warfare carried on against the Church and the Pope, and that all rights, human and divine, and the most solemn engagements; are set aside with a view of destroying•the edifice that has been raised by the hands of Christ. The propagation of such maxims must necessarily be productive of great evils, and it is useless for us to conceal from ourselves that we are living in times of great-difficulties for the Church, her ministers, and her children. Are we then to give way to fear, or to despair about the final triumph of religion ? God forbid I We may safely rest on that faith which ovetcometh the world ; but it is our duty to look seriously on the dangers by which we are surrounded, and to determine to be more vigilant than ever in fighting the battles of justice, and repelling the fiery shafts of the enemy of mankind. In order to strengthen ourselves in this struggle, let us have recourse with increased fervour to the powerful intercession of our Heavenly Mother, the help of Christians, the protectress of the Church, the advocate of all the faithful. Let us lay our wants before her, let us in voke her in all our trials, and implore her to deliver us from the evils to which we are exposed in this stormy world ; above all, let us beg of her to protect us from the perverse and wicked maxims now so widely spread, and to obtain for us a strong and persevering attachment to the holy Catholic faith, without which it is impossible to please God. The grace of our Lord Jesus Christ and the intercession of His Immaculate Mother be with you all. " t PAUL CULLEN, Archbishop. " Dublin, Nov. 21." It has been repeatedly laid down as a law—and it is cer tainly one in which we have always had conildence—that along the entire bed of the sea, wherever the depth is great, the disturbing influence of currents cannot take place. The evidence derived from some of the Bulldog's soundings proves, however, according to Dr. Wallich, that this law, although correct in a general sense, admits of exceptions. "I would more particularly mentioa,' he says, " two in stances which indicate that currents do occur. In a sound ing taken in lat. 59 45 N, and long. 46 30 W, at a depth of 1,204 fathoms, basaltic gravel was brought up, the pieces of which were so rounded and smooth that it is difficult to assign any other agency by which they could have assumed this aspect. In another sounding, taken in lat. 61 35 N., and long. 24 9 W., at 871 fathoms, although neither stones nor gravel were brought up, another equally conclusive proof of the action of a current presented itself. It is well known that during volcanic eruptions the lava dust is fre quently transported by winds to enormous distances. At the first glance I imagined that the occurrence of this material at so great a distance from Iceland might be attri buted to this agency. But the detection of a great number of dead shells of littoral species of Foramiaifera, although it could not be said directly to negative this conclusion, could clearly not have been due to a similar cause. They must have been drifted to their position, probably from the " Blinde Skier" rocks, which were about midway between it and the mainland of Iceland. Although, therefore, it is quite possible that some of the volcanic particles may have been wafted across the sea by winds in this instance, it is reasonable to conclude that the bulk, at all events, has been transported by the current thus shown to be in operation." This view agrees with that of Professor Bailey, who ex presses an opinion that particles of "pumice and volcanic ashes" detected by him in soundings taken in 1849 be tween lat. 47 50, long. 52, and lat. 52 2 and long. 24 deg. 51 min. were derived from Hecla. Captain Maury states (Physical Geography of the Sea, p. 26.5) that " th• abraded appearance of these shells (alluding to the Forami nifera), and the almost total absence of the mixture of any detritus from the sea, or foreign matters, suggest most for cibly the idea of perfect repose at the bottom of the deep sea." Dr. Wallich considers that the validity of this con clusion is shaken in a great measure by the fact that along all the most stormy coasts in every part of the world, and even under the fullest influence of the tides, are to be found living specimens of Foraminifera in abundance, the shells of which are so extremely delicate in their structure as to render it almost impossible to conceive how they can remain entire for an hour. "Like the feeble reed which bends to the stormy blast, these exquisitely formed organisms," he says, "yield to the force of the wave, and defy its rude anger." We agree with Dr. \Varnch to a certain extent in believ ing that an accurate survey of the sea bed is the first step that should be taken towards the economical and efficient carrying out of any and every submarine telegraphic pro ject. Both the Red Sea and Atlantic lines afford notable examples of the imperfect manner in which the survey of such lines have hitherto been planned. There is, as he says, no fact forthcoming to show that the rugged nature of the sea bed adjoining the American terminus of the latter line, on which so much light has been recently thrown in the process of endeavouring to recover the wire, and also the very sudden declivity present on the Valentia side, might not have been wholly or partially avoided by the exploration of a route to the north or south of that adopted. He adds:— " This is indeed a grave question, inasmuch as a great deal of additional labour and expense is involved in the necessity for surveying, not a given line of sea bottom, but that line which is bestfitted for the reception of the telegraphic cable. It would be far from impossible to carry out such a survey of the concealed depths of the ocean as should enable us to plot out its plains and its mountains, its precipices and its valleys, its smooth surfarers and slopes, or its serrated rock-ridges. But such a survey is neither advocated, nor is it all necessary. It is only necessary that something more systematic than the steeplechase mode of determin ing a line should be resorted to—by the employment of more skips, by the patient search for the route affording the greatest facilities, awl by devoting at least an equal share of time and attention to the discovery of depths and the nature of the material of which the sea-bed is com posed. The rapidity with which submarine telegraphy is being extended might thus receive a temporary check. Large outlay might be entailed at the outset; but security would eventually be ensured, and, to say the least of it, the public would ponder well before it again consented to drop a million sterling into the !mighty sinking-fund •of the ocean." That there is much truth in these views of Dr. Wallich cannot be doubted. But when the most complete and careful surveys possible have been made there will still remain this difficulty, viz., that the paying -out vessel can not be at all times sure of her position. On the contrary, it must often happen, in passing slowly over hundreds of miles of ocean, that she will get considerably out of her prescribed course, and be unable, especially in thick weather, to determine' her position with any approach to accuracy. There is only one way, we believe, of averting the consequences of this, and that has been suggested by Mr. Reed, the surveyingmaster of the Bulldog, who pro poses that the paying-out ship shall be accompanied by a fast steamer which, whenever it may be necessary, shall keep in advance of the paying -out ship, and take frequent sound ings rapidly with a cod line and heavy weight, signalling the depths obtained to the persons in charge of the cable. In this way—and in this way only, in our opinion —can the actual paying-out of the cable be accomplished with cer.• tainty of success, When the reports and other papers have been received from the Fox, we hope to give further information ox this important and national question,—the Telegraph to America. [ADVERTISEMENT.]—Among the numerous extraor dinary cures without medicine effected by Du Barry's deli cious Health Restoring Revalenta Arabica Food, the following deserve notice :—Cure No. 54,318—Mr. James Chapman, of Clunbury, Shropshire, Dec. 22, 1856, of many years sufferings of chronic rheumatism, and complication of nervous diseases, Cure No. 3,906—Mr. J. Porter, of Athol-street, Perth, May 2, 1848, of thirteen years cough, indigestion, and general debility. Cure No. 24,814—The Rev. Thomas Minster, cure of five years nervousness, with spasms and daily vomitings. Cure No. 32,836—0 f the Venerable Archdeacon Alex. Stuart, of Ross, of three years excessive nervousness, with pains in his neck and left arm, and general debility, which rendered his life very miserable. Avoid Pills and Medicines : they invariably aggravate and perpetuate diseases ; their annoyance, disappointment, and expense may be avoided by using Du Barry's Food which, at a few pence per day, saves 50 times its cost in other remedies, removing effectually, without purging, constipation, indigestion (dyspepsia) nervous, bilious and liver complaints and all their consequences. Certificate No. 36,418. We find it the safest remedy. Andrew Ure, MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr. Campell. Let invalids avoid the fearful dangers of spu rious and injurious imitations offered under a variety of false pretences. Nevill's imitations are prohibited by the high Court of Chancery under a penalty of £5,000 against Alfred Hooper Nevill and his agents ; and the pretences that Nevill has a patent for Arabica Food and that Du Barry's are connected with such patent are utterly fals.l. No canister is genuine without the name Barry Du Barry and Co., 77, Regent-street, in full, ontheseal and wrapper. Shopkeepers who attempt imposition " in one article must expect to be distrusted in all others. Packed in tins 11b. 2s. 9d.; 21b. 4s. 6d. ; Alb. lls.; 121 b. 225. ; 241 b. 40s. The 121 b. and 241 b. canisters aro sent carriage free on receipt of Post-office order by Barry Du Barry and Co., 77, Re gent-street, London ; Fortnum Mason, and Co. ; Abbit, 60, Gracechurch-street ; 4, Cheapside ; 63 and 150, Ox bard-street ; 330 and 451, Strand ;' 49 and 60, Bishopsgate street ; Batty, 16, Finsbury Pavement ; Phillips and Ce. tea-dealers; Petty, Wood, and Co. King William-street, City ; at 127, High Holborn ; and all grocers, THE SUN, LONDON, SATURDAY EVENING, DECEMBER 1, 1860. LAW IN I ELLIGENCE—Nov. 30. COURT OF COMMON PLEAS. (Sitting at Nisi Prius, in Middlesex, before Lord Chief Justice Erie and a Special Jury.) KEMP V. NEVILLE.-THE CAMBRIDGE PROCTORS AND THE SPINNING-HOUSE. This was an action against the Vice-Chancellor of the University of Cambridge to recover damages in consequence of the plaintiff having, in January last, been arrested by the officers of the university, and locked up in the spinning -house, under sentence of the Vice-Chancellor, for five days. Mr. Edwin James, Q.C„ Mr. Lush, Q.C., Mr. Hawkins, Q.C., and Mr. Couch appeared for the plaintiff; and Sir F. Kelly, Q.C., Mr. O'Malley, Q C., arid Mr. G. Denman for the defendant. Mr. James, in opening the case, said, that the question which was now to be submitted for the deci sion of the jury was one which had attracted a good deal of public attention, and it was one which he ventured to say was of extreme importance to the liberty of her Majesty's subjects. The action was brought by the plaintiff, a young woman ,of character, of virtue, and of respectability, to recover damages for what he should show was a most unjust and most illegal stretch of the law, if indeed, the Vice-Chancellor was clothed with any such authority as that which was set up. lie believed that it would not be necessary in order to enable plaintiff to recover, that the jury should upset the charters and customs upon which the " proctorial system" was founded, for be submitted that however good any custom might be, it must be exercised according to the well-known prin ciples of English law and of justice. The jurisdiction of the proctors was a very ancient and a very diversified one, for originally they had to keep the streets clean, to suppress riots, and, in addition, to publicly flog the students for bathing in the Cam ; but he was persuaded that the custom, as claimed to have been exer cised from time immemorial, would not be able to be made good, and that the unive - :•s - '_ty, out of whose purse this action was defended, would be obliged to rely upon their charters and upon the statute to which reference had been made. The Universities of London, Glasgow, and Edinburgh had no such authority as that exercised by the functionaries of Cambridge and Oxford, and he had yet to learn that the students of these first-named universities were less moral, and the towns less quiet, than Cambridge and Oxford. Disputes had frequently arisen in the last-named paces. In 1612 there was an indictment for a riot, in 1,515 there was another serious riot, in which a layman was killed. In 1827 there was another riot, and in 1765 there was an action similar to this, in consequence of the autho rities having arrested a respectable married woman, who recovered damages, though she failed after wards, he was informed, upon a point of law. The verdict was recorded in the Annual Register, though what ultimately became of the case was not recorded in that publication. Assuming the custom and charters of the university to be established, he sub mitted that the Vice-Chancellor had no right to have a woman, as he had the plaintiff, into a pri vate room, and attempt to " torture" her into a confession. Nor had the Vice-Chancellor any authority to commit to a " private prison." for such a place was net known to the law. The Vice- Chancellor might as well have committed her to his own private wine-cellar. (Laughter.) More over, the Vice-Chancellor had not only com mitted this plaintiff for a fortnight, but he had afterwards exercised the prerogative of the Crown, and pardoned her at the end of five days, at the intercession of her friends. The prison being a private one, he submitted that the Vice-Chancellor was answerable for what took place there, for the plaintiff being deprived of her clothes, and put into prison clothes, and for certain questions of a most disgusting character to a respectable young woman, such as whether she had any disease, being put to her by a medical man. Miss Emma Kemp, the plaintiff, said—l reside at Cambridge, at 4, Dover-street, with my mother. I have no father living. I am a milliner and dress maker. In January last I knew Mr. Graham, of Emanuel College. I had known him from July previous. He invited me in January to join a party at Shelford. It was to be a private party. Mr. Graham had recently taken his degree. Shel ford is about five miles from Cambridge. The in vitation received included the young man to whom I was engaged. He was to go with me. Harriet Belt and my sister, who is 14 years old, were also invited. We were to go in a " bus." There was to be dancing at the party. We were to come back by the " bus." We were to go at six o'clock in the afternoon. We were to meet the omnibus at , Melbourne-place, Parker's piece. My sister went with me, but the young man to whom I was engaged did not go because he was out of town. In the omnibus• I found two ' gentlemen, but the only one I knew was Mr. Graham. There was also a " musicianer" inside. On the road we picked up some other persons whom I knew by sight. There were four of them. We were to return about half-past eleven or twelve at night. After these other persons had got into the omnibus, and when we were against the town gaol, going to Shelford, the proctor came and asked if there were any members of the university there. One of the gentlemen answered, gave his name, and got out. This was Mr. Graham. Both gen tlemen got out, The proctor then asked where we were going. No one answered. We then proceeded to the spinning-house in the omnibus. I did not know where we were going to. At the spinning house the omnibus was stopped, and the men behind opened the • door. We were handed, or rather dragged, out. We were all taken to the spinning -house. I and my sister stood in the hall some time, and we were then taken separately into a room. The proctors were in that room. I was asked by the proctors my name and occupation. I said "Emily Xemp," and that I was a milliner and dressma,ker. My name is Emma, but lam usually called Emily at home. I told them where I resided, and that I lived with my mother. The matron was then summoned to take me to a cell. My sister re mained in the hall. I was taken to a cell alone. The cell was a very small brick place with a jet of gas and a bed. I was left in the cell. Next morning my clothes were changed, and a coarse check dress was put on me, and one flannel petticoat and a shawl. It was very cold, and there was no fire in the cell. For breakfast I had bread and cold tea. (Laughter.) Stuff they called soup we had for dinner one day, and potatoes and fat beef the other day. We had gruel for food at night. I went into a room to see the chaplain, who said he was sorry to see me there. My mother came next day, and she asked if I might be allowed to have a little ale, which I had been ordered by my medical attendant. The matron said, "No, it is not allowed." Atter my clotnes were changed I was taken to a far worse cell, where I was for four nights and days. The surgeon visited me and asked me questions as to my health. The surgeon's name was Fawcett, and I knew hiS partner, Mr. Hough. I had worked for his wife. When I was discharged I was told it was in con sequence of my mother having been to the Vice- Chancellor. I had lately recovered from a rheumatic fever. I was worse in health when came out. My cell was not heated, as far as I know. Ido not know who is finding the money to go on with this action. I expect I shall have to pay for it. I have had to pay My expenses up here. The witness was pressed a good deal, and hesi tated as to her answers upon this part of the case. Mr. Edwin James said he would call the plain tiff's attorney, who would explain the whole matter. Witness continued—l did not tell Rosetta Ayes I would not choose partners for the rest, but that the men should choose them as they got out of the omnibus. Re examined—Nothing improper has ever occurred between me and Mr. Graham, nor has he ever made any improper addresses to me of any kind. Mr. James—At the public-house did anything improper take place between you and Mr. Vaughan? Witness—Not that lam aware of. (Laughter.) There was no connexion between us. Mrs. Charlotte Looker—The last witness is my daughter by my first husband. The day after my daughter was taken to the spinning -h ouse , I went and asked to see the Vice-Chancell or , but they would not let me. I put my foot in the door and asked to see the proctors, but the matron said I should not see anybody. I remained in the street for half an hour. I saw the Vice-Chancellor and went to speak to him but he took no notice of me. Afterwards I almost thrust myielf into the spin ning-house. I said "Let me in, or I shall die," and after a time they brought my daughter. I said she had been ill with the rheumatic fever, and asked that she might be allowed a shawl which I had brought, and some ale, which the doctor had ordered. The matron refused this. I cried very much, and so did my daughter, and the matron said she must lock her up if she made a noise. On February 3 Dr. Pullen gave me a note to the Vice- Chancellor, which I took. The Vice-Chancellor said he had been making inquiries in the neighbourhood as to me and my daughter. He said he had got an excellent character, and he would write a note which I might take, and that my daughter might go home with me. I said I would rather not take her home by daylight, and she was discharged at six p.m., and was sent home in a fly. I never knew the plaintiff go with improper women. She always worked hard. She never said that she had enjoyed her food better than usual in the prison, on the contrary, I thought she was half starved. Mr. James called for the warrant under which plqintiff had been confined. Sir F. Kelly said he did not produce the warrant as originally drawn up, but he would produce the paper that had since been drawn up. Mr. James said he would not have that. His Lordship wiid there was no warrant in the proper sense of the term, and Sir F. Kelly was quite right in mentioning the document upon which he relied. Mr. James stated that what he wanted was the warrant under which plaintiff wgs committed for 14 days. Mr. Wm. Graham—l am now a student at the Linerlienaple. In January last I had taken my B.A. degree. On such occasions there is very often a festivity. I asked plaintiff to a ball at Shelford. Thirteen or 14 other students had joined me in the entertainment. It was to be a dance, music of course, and a supper. Mr. James—And what they call" negus," I sup pose ? (Laughter.) Witness—Yes. I invited plaintiff to the party as early as December. That was before the examina tion. I had first spoken to the plaintiff at Fenner's concert in July or August, and I do not remember having seen, her again until I asked h e r t o th e b a ll. I told her she could ask any one if she liked to' come with her. She said she could bring her little sister, but she knew no other ladies. I said she could bring some more if she liked. I hired the omnibus. When Miss Kemp got into the omnibus there was one musician and my brother inside. The other undergraduates were to go in cabs. There is not, the slightest foundation for saying that I had ordered breakfast at Shelford, or that these girls were to stay all night. Nothing improper or indeli cate ever occurred between me and the plaintiff. I never made any improper addresses to her. I never saw anything about her to show that she was "idle, disorderly, or loose" in her conduct. I did not treat her as a woman of that character. Cross-examined—Several times saw the plaintiff about this party. She used to come and meet me at Parker's-piece to talk about it. A portion of the supper was ordered from Mr. Peeling, a con fectioner. There was no, champagne, but there was some wine—a dozen, I think. I never inquired what the occupation of the girls was. Re-examined—l never saw anything improper on the part of Harriet Bell. There has been nothing improper betAN een her and me. Milliners walk about Cambridge the same as elsewhere. (Laughter.) Mrs. Maris—My husband keeps the Freville Arms at Shelford. It is the property of Mr. De Freville, and was built for my husband to occupy. We have lived there and in an old house which was pulled down for 17 years, and there has never been any complaint against the house. Mr. Graham gave me orders for tea and supper for a party. They had the club room on the ground floor, and they were not to use any other room. We have no private rooms. They were to leave by 12, for we never keep open later. Cross-examined—He gave me order for tea and supper for a party of his friends, about 20. He said his friends were respectable. I did not know that there were ladies coming. Mr} O'Malley—Would you have prepared your room for a party of undergraduates and milliners' girls ? Witness—lf they had been respectable. Two gentlemen and a lady did come. If they had not conducted themselves properly they would soon have been sent away. Mr. Cockerell—l am attorney for the plaintiff, and I am also clerk for the borough of Cambridge. Miss Kemp consulted me about this action in the second or third week in February. The plaintiff is the only party responsible for the costs. I ori ginally brought the action in the Borough Court of Pleas. The costs there would not have exceeded £2O. Counsels' fees were not allowed there. (Loud laughter.) Mr. Edwin James—The principal defect in the local courts. (Laughter.) Cross-examined—The local court has unlimited jurisdiction as to amount. The damages were laid at £5OO. I have no expectation being paid from any other source than the plaintiff. There has been a public subscription for an entirely diferent purpose. I have brought three other actions, but have only proceeded with this one. This was the plaintiff's case. Sir F. Kelly having addressed the jury for the defence, Mr. Edwin . James said it was admitted that the warrant was in court, and he asked that his lord ship.should enforce its production. They had given a subpeena to produce it. Mlle Lord Chief Justice thought that the con sideration of this matter had better stand over till to-morrow, when, if he thought that the law was with Mr. James, he would make the order for pro duction. He had, however, known one case where the production of a deed was compelled, and the consequence was that the trial was set aside. Sir F. Kelly said that if such an order was made he should of course produco the document, whioh he had in court, but he submitted that such an order would be a serious interference with the discretion of counsel. The Lord Chief Justice observed that he never made an order which he would not enforce ; so that if the order in question was not obeyed, all he should have to do would be to send Sir F. Kelly to the Queen's Prison. (Laughter.) _ _ Mr. E. James—He would liave the consolation of not having 14 days without being heard. (A laugh.) Sir F. Kelly stated that the Revs Mr. Woollaston was in court, and he said he actually saw the Vice- Chancellor fill in the form 'of warrant after the case had been heard. Witness contintied—Mr. Denman bad prepared the second form of warrant. Nobody could have filled in 14 days in the original wartant until wit ness had pronounced his judgment. The further hearing of the cause was then adjourned. During , the whole of the day the court was crowded in every part, principally by gentle Men connected with the university. COURT OF EXCHEQUER. (Sittings at Nisi Prius, at Westminster, before Lord Chief Baron and Common Juries.) STOCKBRIDGE V. ELLIS.-ALLEGED LIBEL, The declaration of this case stated that the de fendant, Joseph Ellis, the printer and publisher of the Doily telegraph newspaper, did falsely and maliciously publish, in the form of an advertise ment, the following words, to the injury of the plaintiff : " Scarlet Rifle Rangers.—The undersigned gives notice that he is forming the above corps under distinguished patronage. An eligible opportunity is thus offered to re spectable young men who, from feelings of disappointment or necessity, may have left other corps It is hoped that the sanction of the War-office may be obtained for securing the services of Mr. Buuchier, late lieutenant-colonel of the Ist Surrey Rifles. To get a commission make early application to William Stockbridge, Esq., tailor, Kennington-green, who will adapt old uniforms at a small charge." The defendant only pleaded not guilty. Mr. Sergeant Ballantine and Mr. Garth appeared as counsel for the plaintiff; Mr. Overend and Mr. Lewis represented the defendant. Mr. Sergeant Ballantine having called witnesses in support of the case, The Lord Chief Baron summed up the evidence. He said—This is an action in which it is charged by the plaintiff that the defendant published on the 31st of 'July, in the columns of the Daily Telegraph newspaper, a libel contained in an advertisement headed " The Scarlet Rifle Rangers," and it has been opened to you by my brother Ballantine that the plaintiff was engaged in what is called the volunteer movement. No doubt this movement owes it success to the energy, the devotion, and the loyalty of the people, and we cannot allude to it without feeling proud of the event, and not only proud, of it, but happy and safe. Still I cannot but believe that if there had never been such a thing as the volunteer movement, this matter wculd probably never have been heard of. It would be however for you to say whether this publication, of which complaint is made, amounts to a libel or not ; and, if you think it is a libel, then it will be for you to say what sort of compensation the plaintiff is entitled to under all the circumstances. lam old enough to remember when the law of libel was very different from what it is now, and when that law was very differently administered. Within the last 20 years an act was introduced in the douse of Lords by my Lord Campbell, the present Lord Chancellor, one of the objects of which was to protect newspapers in which paragraphs were inserted, and which accidentally crept in, without, although there would be a legal responsibility, the conductors being personally chargeable with an intention to do a wrong. It was by this act open to the defendant to say that he was not aware of the nature of the paragraph to pay one shilling or twenty shillings into court as the case might be, and to plead that the libel was inserted without malice or neglect. In this case the de fendant has pleaded not guilty. He has not availed himself of the statute, and thus the law in this case is left very much as it was before the passing of the act to which I. have drawn your attention, and which passed in the year 1842. You are left to say whether this is a libel or not. I recollect when ex-officio informations for libel were not unfre quently filed by the Attorney-General, but was of rare occurrence now I recollect when indictments for libel were frequently laid ; but that is now very rare, and any one who reads the papers must be aware that comments are freely made on the con duct of persons filling public 'situations, and that these persons exercise a great deal of—l will not say forbea rance— b ut of discretion, in abstaining from brin g i ng actions for libel, unless some serious iejury has been done to their position in society, and harm is thereby done. I do not say that, in considering whether this is a, libel or not, you will be governed by the question whether an action could be brought now the libel in question. appears in the form of an advertisement. I do not know' that there is not something more in it than we have any means of knowing. It appears that the corps. of volunteers of which the plaintiff is the lieutenant was to be called the " Scarlet Rifle Rangers," being under the patronage of a most distinguished officer, General Sir John Yorke Scarlett, the son of my predecessor in this office, which I have now the honour to fill. The libel proceeds to say, " The undersigned hereby gives notice that he is forming the above corps." The word forming, I may remark, sppears in large type, possibly with the intention of throwing a doubt on the propriety of a young man in the plaintiff's position making' himself so busy as to appear as the creator of a volunteer corps, and then proceeds—" An eligible .opportu nity is thus offered to respectable young mere, who, from feelings of disappointment or from necessity, may have left other corps," as if this corps wus to be a refuge for the destitute. (Laughter.) Then the advertisement goes on to say :—" It is hoped the sanction of the War-office may be obtained for securing the services of Mr. Bouchier, late lieu tenant-colonel of the Ist Surrey Rifles." We have no information who Mr. Bouchier is. A Juror—l think, my lord, Mr. Bouchier had a difference with some of the rifle corps, and that may account for it. The Lord Chief Baron—Neither of the learned counsel for the plaintiff or .the defendant gave us any information as to who Mr. Bouchier is. May I state for your information, brot.her Ballantine, that he is the chamber clerk to the Lord Chief Baron ? (Laughter.) Mr. Sergeant Ballantine—l did not know that your lordship was aware of his military rink. The Lord Chief Baron—Perfectly, and he was made lieutenant-colonel in consequence of his having written a most valuable pamphlet on the volunteer movement. He is a most respectable and respected gentleman. Some years since we had an educational movement ; but I really do not think that before that there were half-a-dozen blockheads in the world who would not have known that an advertisement signed " William Stockbridge, Esq., tailor," was a hoax. (Laughter.) Surely one would suppose it was not a serious accusation that " William Stockbridge, .Esq.• tailor," would " adapt old uniforms at a small charge." One criterion of a libel is, whether it is capable of being justified; but as far as I can tan my ingenuity and my memory, I must say Ishould not, if I were counsel at the bar, have the least ides how I could justify a matter of this sort, supposing it to be true. Is it a libel to call a man a tailor ? think there would be a vast deal of insolence on the part of a man who said, " You' libelled me because you called me a tailor." It is no libel to call a man a tailor—to say that he bears his share in respectable branch of our native industry ; it would certainly be no libel without an inuendo. For ml own part, I cannot understand how the plaintif can say the whole of the libel is untrue. I believe several parts of it are true. The old idea of a libel was that it was a thing which would hold a man up to ridicule, and which would have a tendency to disturb his feelings ; but a more sensible, a more social view is now taken, and every mere joke to make a laugh does not constitute a libel. Do nett gentlemen, understand me as laying down any principle for your guidance. Whether this is a libel or not it is your province to decide. It is your pro vince and it is your right—it is your duty to do so. Although I am entitled to give you my opinion, I do not feel bound to do so. It has been stated that Mr. Fryer, on reading this advertisement in the Daily :telegraph, was disposed to turn the plaintig out of his situation as clerk. If that be true, I can only say Mr. Fryer is the last attorney whom I should wish to employ. (Laughter.) But whatever may have been the secret malignity of the person who caused the insertion of the advertisement it must have been clear to all who read it that it was a hoax , The plaintiff, through his attorney, demanded all apology and an exculpation. That was made the day after the writ was served. It will be for you gentlemen to say, taking all the circumstances into consideration, whether . this is a libel or not, and if you think it is a libel, then you will say what damages the plaintiff is entitled to. I will levy the case in your hands, with this single remark The Press has, of late years, gradually become more emancipated from what I may call the fetters of the law, and if in the beginning of my address I said something about the volunteer movement, I Lng, at its conclusion, will say that to the Press, under A proper administration, that movement owes so much, and although you must feel that the volunteer move' ment is entitled to our highest admiration, you m ust also feel that the liberty of the Press has ever beet ), respected in that place in which you now sit, and that this country owes to it everything, far above everything, except to that glorious constitution under which we live. The concluding remarks of the learned judge Wer' roooived with loud manifestations of applause, which were immediately checked. The jury returned a verdict for the defendant. COUNTRY MARKETS. LIVERPOOL—Nov. 30. There was a fair attendance of the town and country trade at this morning's market, but we had only a limited busi ness in wheat, which may be quoted at prices 3d per cents' lower. Flour also was still inactive, and the turn lower. Barley, beans, and peas is per qr cheaper. For Indian , corn there was a slow sale at a decline of is. WAKEFIELD—Nov. 30. The supplies of wheat were good, but the trade was of is dull character. Good old and fine dry new met an inactive demand at about last Friday's rates. Other kinds were under late rafes. Choice parcels of barley in slow request at previous prices. Beans were dull. Oats and shelling unchanged. Averages for the week : Wheat 1174 qrs., at 57s 41d Peas .. 37 4Bs lid Beans . 74 498 Old 8ar1ey......... 889 — 4 ls Oats 136 ' 28a Old Rye — —B Od EXETE -Nov. 30. A dull business was done in the corn market to-day,74 a decline on last week's prices white 6s 6d to 7s 6d Barley. 4s 6d to 6s Od Ditto red Os Od to Os Od I Oats 3s 3d to 3s 6d New white wheat, 7s 9d 0 8s ; red, 6s 6d to 7s. Flour, fine, 45s is —s; seconds, 43s to —s per sack. CATTLE. There was a fair attendance of dealers at' the market) with a good supply, but a slack demand. Fat beef,p score, lOs to 11s6d Ewes, per lb 6d to 61d Perk eareases,do lOs to 11s6d Wethers, do.. 6id to 7d Sheep, per lb. Od to —d Fat calves, d 0.... 7d to Rough fat 4icl per lb. BRISTOL SUGAR—Nov. 30. The market for raw sugar continues quiet, and prices are about the same as on Friday last. Refined goods in steady demand at late values. There have been some sales of rum, but only to a limited extent. COAL MARKET—Nov. 30. ,frioes of Coal per TOn at the close of the market. Walls End Tees Ships at market, 1; sold, 1. [ADVERTISEMENT.] Bills and medicine invariably ag gravate and perpetuate diseases ; their annoyance, dis appointment, and expense may be avoided by perfume in indifferent health sending only their address to E. S. Barry, Esq., 77, Regent-street, W., London, and they will receive gratis and free by post the " INVALIDS' Owl( GUIDE," or Natural Restorer, without medicine or ex p , nse, of perfect digestion, strong nerves, sound lungs, and refreshing sleep, to the most enfeebled, insuring the removal of indigestion (dyspepsia), constipation, liver complaints. nausea, epilepsy, paralysis, debility, nervousness, palpitatiot, cough, asthma, consumption, dropsy, flatulency, diarrhoea, dysentery, biliousness, fevers, sore throats, catarrhs, cola, noises in the ears, rheumatism, gout, impurities, eruptions, hysteria, neuralgia, irritability, sleeplessness, acidity, palpi tation, heartburn, headache, despondency, cramps, spasms, sinking, fits, bronchitis "Unauestionably the safest Guido to health.' BIRTHS. COLE.—On the 29th ult., at Wimbledon, the wife of Lieut.- Col. A. Lowry Cole, of a son. SCHUSTER.—On the 30th ult., tho Lady Isabella Schuster, of a daughter. SHANVE.—On the 25th ult., the wife of Lieut.-Col. R. L. Shawe, of a son. WOOD.—On the 24th inst., at 31, Leinster-gardens, the wife of the Rev. Richard Wood, perpetual curate of Christ Church, Paddington, of a son. MARRIAGES. BALFOUR—BARRINGTON.—On the 28th ult.. at Shriven ham, Charles Balfour, Esq., of Newton Don, to the Hon. Adelaide Barrington, youngest daughter of Lord and Lady Barrington. BETHELL—MACLEANE.—On the 29th ult., at the Catholic Church, Cardiff, and afterwards at the Cathedral, Llan daff, Henry Slingsby, son of John Bothell, Esq., of Wini fred House, Bath, to Sarah Tiovendon, second daughter of the late Rev. Arthur J. Maclean°, of the same place. D It A,TH S. - - - - BUNSEN.—On the 28th ult., at Bonn, his Excellency Baron de Bunsen, late Prussian Minister at the Court of St. James, aged 70. DUN.—On the 29th ult., at Lower Tooting, Edward Daun, Esq., aged 74. GREENE.—On the 26th ult., Benjamin Greene, Esq., of 45, Russell-square, London, and of Bury St. Edmunds, aged 81. 71 :. ,ch H in a ' rr E ie s t q L " ouisa, younges t MINCHIN.—On the 29th ult., at 27, Devonshire-street, Tiverton, aged 69. po P L o L r o t l o a i n c d — p o l place, e t h e J of Hamslade, James daughter of General Sir George Pollock, G.C.13. LONDON Printed dud Published by xtußpo YOUNG, of No. 112, Strand, Printer, at The Btos JtP.ce, No. 11 2 , Strand, in the Precinct of the Savoy, in the want, ed . Middlesex, Saturday, December 1, 1860. R i OY2 t x li c ,_ Col Tr an u s a f T- I. e bat L ilo the *lll W 444 13 N . Es] c ourt ,. an, THE vh-nm,,,,„ stiltvg tD3II "611.111 i ( 10.1 t Q /tenry"3. t h rofes E J• Elll, Messrs. ( t,.olley t aken out i n 1838 1 41 1845 1848 1851 , The 101 ibternat Th e Sc Tlvo-t1 "'c'ry fiv Yor pr, n ,Llairma 142, St: -OY VE r ch ut 4 Y$, or( material of AI The fol First chants Iniecesf stamp krtICIII ~,,._ be th HEE effect body Moo_ and durir. tru Trtf sent ~_ New Wit' Wit Wit Wit Wit Wit Wit A i) Ant P o rote, th - e l - 1 al l ,' Pric, Just De; 80, Re, th,