The Sun. — London, England, 1823-05-27 00:00:00

THE LONDON JOURNALS. DAILY Extracts from the Morning Papers, May 27. [MOIINTNC. CIIRONICI.E.] Paris letters, received in town yesterdayossert that Count Abisbul had deserted his colours, and joined the French ; but, in order to render the fact more probable, they take care to add, that he went over to them alone. The report was believed by many ;- others, however, considered it without foundation. We have, ourselves, seen letters from MiidHd of the 11th, and from Bilboa of the 156,-which are entirely silent on the sub ject. Our Paris Correspondent is inclined to give credit to the report. We yesterday received' a file of the kg'meta dim, published in Seville, to the 4th inst.,•which Papers, althou , li barren as far as regards military events (already anticipated), are neverthe- , less interesting, in so far as they depict the actltvity and enthu siasm prevailing at the seat of Government, and the energy , alrendy displayed by the Spanish Cortes. The chief delibera tions of the latter, since their meeting, have had for object to express and record the sentiments of just abhorrence in which the aggression of the French is held by the National Legisla ture, and to provide the Government with the means to repel it. A motion had been made to bring to Seville'the urns contain ing the ashes of Daoiz and Velarite, as well as of the other patriot's, from Madrid, who perished there on the memorable 2d of. May, 1808, in order that they might not be profaned by the presence of foreign troops. General Villactimpa had arrived at Seville, for the purpose of organizing the Army of Reserve, and it was thought that as there were in the 9th and 10th districts, 12 battalions of the permanent army, a similar num ber of active militia, 14 squadrons of cavalry, 1 ditto of artillery, 1 battalion of ditto, the army would be very soon ready, if the Provincial Deputations complied with the decrees of the Cortes. —Some extremely strong resolutions against those Spaniards who join the enemy, were under discussion in the Cortes, such as confiscation of property, &c. These Papers give long ex tracts from she debates of the British Parliament, and the do cuments laid before the House relating to the negotiations in Verona and Parith—fibid.) [MORNING HERALD.] We this day lay before our 'readers several in teresting extracts from the Seville Journals, of the .sth, 6th, and 7th of Muy other columns , of Tint SUN this day.)—Amongst them will be found the project of a decree for a forced loan, from which it appears that every householder in Spain, whether a native or a foreigner, will be liable (if this decree be passed into a law) to contribute a certain sum in proportion to the rent which he pays. It is highly probable that the Cortes will agree to some measure of this sort, as they seem to be without ,any other available means of carrying on the war. In addition to this forced loan, it will also be observed, that certain funds under the management of the Junta, of what is called the Public Credit, are also made available to the exigency of the moment. These funds were, in November, 1820, assigned to the payment of certain portions of the national debt, which existed anterior to the restoration of the Constitution. We see that the public neces sities have now altered their destination. It will also be observed, that the Government has de manded from the Cortes, that the contract en tered into in January last, with the house of liernales and Piedra, should be rendered null, and the Ministers should be authorised to enter into a fresh contract with any other house which they may think proper, for the sale of the forty million of rentes which were inscribed in the Great Book of Spain at the same period. A Gentleman is, we understand, at . present in Lon don, who is authorized by the Spanish Govern ment to conclude this contract; but how far he his yet succeeded we are not informed. EIIitITISII PRESS.] The inquiry into the conduct of the Sheriff o Dublin was resumed last night, but no progress was made ; nothing was elicited. The Committee debated, and re-debated ; hours were consumed by the same speakers in talking almost about nothing ; nor did we hear, amid the whole waste of war and words, a single sensible or really per tineot address, except those made by Sir J. New port and Air. Abercromhy. Mr. Brougham made two or three long speeches, but their best parts were only repetitions of Mr. Abercromby's ex• eellent observations ; and the lion. and Learned Gentleman, in declaiming too much and too warmly,added nothing whatever to their strength oreffect. lithe Committee on Friday night yielded to the conscientious scruples of Sir Abraham Bradley King, on last night they went further, and anticipated them, impressed with the tender ness of his conscience and the immovability 01 his determinations, from his contumacious refusals to answer at their bar on the last night. The Home Secretary rose yesterday- evening at an early hour, to interpose between the witness and the House, and throw the shield of his protec tion around him at once. The examination of Sir John Newport was thus broken in upon, and ultimately, by a division of the Com mittee, completely put an end to. $l , ---Lellol Newport stated, that he Ws r ,41t, correctly pa , ,inao of the Old I es, 4atroalti. e ul ill tilt, of Orangemen, and which he sought to extract from the Deputy Grand Muster at the bar. The passage applied to the Atnorites, and not to the Amalekites, and is stated to be the following one—" And stay ye not, but pursue after your enemies, and smite the hindmo,t of them ; suffer them not to enter into their cities, for the Lord your God bath de livered them into your hands." If this be the passage read on the admission of an Orangeman or Purpleman, it dims clearly the horrible ex terminating spirit of the party. Nothing, how ever, could be extracted from the Deputy Orange brand Master, and the inquiry subse quently became a farce. It is now, to all intents and purposeq, nothing else ; nobody hopes for any good result from it—no one is weak enough tp do so. The Orange party has already triumphed, and the rights and privileges of the House have been surrendered to the faction. Mr. Hutchinson c the Member for Cork, seeing the whole affair so hopeless, moved to'get rid of it altogether, and that the Chairmati should report progresS that day six months; but his mo tioo was negatived without a division, and the inquiry went on. Sir Abraham Bradley King was again called lo the bar, but he answered just as be pleased ; nothitig was elicited, and the House closed its sittings after 48 hours' reflec tion), as Mr. Canning said, just as wise as when they resumed: their labours are infinitely ho nourable to themselves, and most serviceable to Ireland ; both will be proved by their results. [THE TIMES.; The Portsmouth Cause being now drawing to a conclusion, we do hope that an investigation, or investigations, to the eA'ect which we shall soon mention, may take place, in order that the world, as well as the British public, may know what abuses' still exist in that Constitution which may nevertheless be justly taken as a model for others. First, then, we should have it ascer tained, in the aggregate, how much money it has cost all the parties simply to ascertain the fact of a man's being a lunatic, and to afford him protec tion as such. We would then have it made known both to the -world at large, and more especially to the people of the country where such a Court exists, whether any, and how much of that money has gone into the pocket of the Judge who tried the cause. We would' have these points ascertained as they ought to be with the utmost precision. Be it observed, that we do not mean to abuse the Court of Chancery as inflicting needless or avoidable suf fering on the state and nation. There may, on the contrary, be some reason to suppose that the mischiefs so severely felt are necessary and irre mediable; for it cannot, perhaps ) otherwise be believed that the same man would have gone on, judging, judging, judging, year after year, by the same rules, for, we may say, a qtrarter of a cen tury—himself a very honourable and very learned person, enriched beyond all calculation, and every suitor in the Court ruined, or, if not ruined, impoverished in a most lamentable de gree. We decry wounds and deprecate mala dies, knowing at the same time that they are the accidents or lot of our nature; yet we are not thereby prevented from investigating their cause, and attempting a cure. In the same manner may this terrific Court, acting within its existing rules, be ittseparable from our Constitution; but that fact ought to be ascertained ; the evils which it iufliets ought to be scrutinized, with a view, at least, to their mitigation. The Ports mouth cause affords a fair subject for the inquiry. It ought to be made known, how much that cause has cost all the parties to the utmost farthing, and to what extent Judge, Counsel, Solicitors, Law-stationers, &c. &c. &c. have participated ; and we shall be greatly surprised indeed if that investigation does not present such a result as shall astonish both England and Europe. [NEW TIMES.] It appears by a dispatch of the 10th inst. from ; Marshal Moncey, that part of General Donnadieu'a division has at length been able to bring some of the Revolutionary troops to action. The Times says that Donnadieu's account is " much ado about nothing."—Let us inquire a little into this assertion. In The Times of the 26th of last November we find the following statement—" The Government is about to confer on Mina the title of Commander-in-Chief of the three Army Corps of Critalonia, Navarre, and Arragon. Generals Torrijos and Velasco will serve under him; the first army will be increased to forty thousand men, the other two to ten thou- Sand. All thole forces are to be united by the Ist December in the line of operations." Again, in The Times of Dec. 2, we read " Mina was, on Sunday, Nov. 17th, at Real, at the head of sixteen thousand men, the whole force under his orders, in Catalonia only, being thirty thousand."—Now, either this was a gross deception on the readers of The Times, just like the fictions of that paper in the Neapolitan Campaign—or it was not. If it was not, then, surely an account which proves this wondrous force of thirty or forty thousand men to have dwindled away to almost nothing, and to be on the eve of entire annihi lation, is one which The Times should be the last journal to regard as unimportant.:.—The most important fact, however, that we learn from the dispatches, is the amount of the forcesl under the different revolutionary leaders. Mina was at Cellent with four thousand men (the very number we mentioned on Sa turday), and the united force of Rotten and Liobera together amounted only to three thousand ! It' we add 3,000 more for those under Minns, the whole of the mighty army of Mina (the onlyy, one remaining in the North of Spain) will be ten thousand'men, and these ten thousand, scattered, beaten, and surrounded by the enemy. Instead of overwhelming Marshal Moncey's corps, they have only on this one occasion met any part of it in the field ; and they have been defeated by a small portion of one single division of that corps. How dif. ferent this from 1000, when General Ducheame, with fifteen . thousand French troops, was shut up from June December ' in Barcelona by the Insurgent Spaniards, and when General Gouvion St. Cyr, who entered Spain with another 'Corps in th e beginning of November, could not establish his communica tion with Duchesme till the 17th of December. St. Cyr did not venture to advance till after hd had reduced Rosas and this place, which Marshal Moncey took almost without re sistance, cost General St. Cyr a regular siege of 27 days. Such is the difference between contending with a nation, and con r tending with a faction ! LMOILNING POST.] It is truly gratifying to observe the progress of liberal and enlightened principles in regard to tr ad e. The prevalence of opposite principles on this subject has contri. hilted perhaps more than any other cause to obstruct the career of human improvement, and to foster between nations, and even bet Ween different classes of fellow-countrymen, the senti ments of jealous rivalry and inveterate hatred. From the fix-_ dual extinction g e r/railes; .. fuvouliitre" - tCrtheli - Oral con- A c t,ffrt the commercial prosperity of social corn. =tildes. Cherishing such opinions as these, we are never theless Prepared to maintain that it is the duty of Govern. inents to deal tenderly with prejudice s which have beenlio long predominant, to which a long course of erroneous legi. siation has given its sanction, and by which thus sanctioned, great and important interests have been created. A Govern ment exhibits l we think, a higher degree of wisdom, when in 'patters of this nature it suffers itself to be borne along by the great tide of enlightened opinion, than when it strives to out run the general mind of the community. In the former case, any great and violent shock is prevented by the popular antici pation of its measures; and in the latter case, in that of the:pre mature adoption in practice even of the soundest general pond-. pies, such confusion, perplexity , suffering, and dismay are likely to be prOduced, as must tend to discredit theprinciples themselves and to retard the moment of their beneficial application.--The British Government is at this moment engaged in the delightful and beneficial duty of,relasing or removing several of those in judicious restraints which were imposed in times comparatively barbarous upon the domestic trade and foreign commerce of its subjects. It has in every instance shewn itself eager to seize the first moment when sound principles could be prudently restored to their legitimate dominion. It has indeed made. no incautious or premature effort ; its effbrts therefore have in no case been abortive or mischievous.—The Opponents. of Ministers, ,unable to raise any objection to the course they are pursuing,. affect to appropriate to themselves the merit of having been the first to advocate. the principles of free trade, and to urge their practical adoption. If in their de. jectiori, after _numerous . and fatal defeats, they can derive any solace from their self-complacency upon this subject,. 'there were perhaps some degree of cruelty in any attempt to disturb it. The facts they alledge are unquestionable. At all times,. during the most arduous periods of the late war—during the period still mote arduous which succeeded it, their cuckoo cry has alwaytibeen, '‘‘ recur to sound principleS of trade." '`What have circumstances to do with political wisdom ? Is not that high faculty displayed in its highest perfection by sounding . one invariable note ? just and natural the exultation of the man, who, meeting his friends lightly clothed in the dog days, exclaimed, " I thought you would come over to ,my Opt. mon ; you remeniber I told you last Christmas that a great cost WAS an useless incumbrance 1." CAUBRIDGX. (Prom the Cambridge Chronick of May 23,1823.) ' TO THE EDITOR OF THE CAMBRIDGE CHRONICLE. Sin—l have to request that you will allow me to circulate the following letter through the medium of your Journal. It is addressed to the Members of the Senate, more especially to those who have opposed the claims set up by the Heads of Col leges to nominate to the Professorship of Mineralogy. For the facts and opinions contained in it, I alone am responsible, and I hope you will consider my name a sufficient warrant or its publication. I am, Sir, Your most obedient Servant, A. SEDGWICK. Trin. Coll. May 14, 1823. TO THE MEMBERS OF THE SENATE OF THE OF CAMBRIDGE. GENTLEMEN,—Had judgment been given by the Court of King's Bench as soon as was anticipated, respecting the right asserted by the Heads of Colleges to nominate to the Professor ship of Mineralogy, I should have addressed a letter of some length to the Members of the Senate, with a view of supplying the omissions . of my affidavit; and of invaliding the statements made by those who have been opposed to us. But our cause is, unexpectedly,' still before the Court, and in a few days I shall be obliged to. leave the University for.the long vacation ; I am therefore compelled to withhold my observations alto gether, or to e 'Empress them into their present form. The affidavit on which all our proceedings were founded, was prepared with so much haste, that I was, at the tirne,.de ficient in many points of information which might greatly have strengthened oar case, and would certainly have driven our opponents from a great part of their present line of defence-- Some statements were withheld out of pure forbearance ; yet this very forbearance has been made the foundation of an ar gument against us. For this reason I feel.compelled to lay before the Senate an account of one part of the transaction with which no other persons were concerned, except Dr. French and myself. This I shall do as shortly and. as plainly as I can ; actuated by no wish but that of bringing a true statement of this very important case fairly before the University. Whatever may be the termination of the cause which is now pending, I venture to assert that, had we been enabled to bring all the facts connected with it before the Judges of the King's Bench, and to-join issue on the single question of nomination, they would not have hesitated in deciding, that the Heads had no right to nominate to the Professorship ofhlineralogy. And let me further observe, that this was originally' the only subject of dispute. For the Heads offered us no choice, except that of allowing their nomination or rescinding ourgrace of founda tion. Had this alternative been accepted, we should at once have established this monstrous proposition—that hereafter no office shall be created by the University unless the Heads be allowed to nominate to it. Should it appear that OUT proceedings have been conducted with some unperceived informality, or that there is something in the nature of the Professorship of Mineralogy which may exclude us from the remedy of a mandamus, we shall still be able to justify ourselves to the University by stating—that our proceeding*. have not been voluntary—that they have been, from first to last, purely of a defensive character—and that we have only sought that kind of lemedy which was pointed out to us by our legal advisers. But our opponents, should they fail to make out a complete justification of every part of their proceedings, will have no such excuse to offer. What they have done, was done voluntarily ; in a way which was contrary to the long-established usage of the University ; and in defiance of a strong, but respectful, representation, which was signed by a great majority of the resident Members of the Senate. On the abstract questions of law connected with our argu ment it would not perhaps become me at any time to speak, and still less at the present time, while the cause is pending.— They have been ably handled by the late Professor Christian ; and before long they will be elucidated by one who has it in his power to do ample justice to the subject. My observations will, therefore, be directed to this one question. What was the meaning of the , proposed by Dr. French, by which the Professorship o Mi nera logy was continued ? r ace It is hardly necessary for me to state that this grace was in the following words:-- " Cum per mortem Edvardi D. Clarke nuper Professor's MI. " neralogue munus istud jam vacans existit ; Placeat vobis, ut " alias ad idem munus exequendum a vobis eligatur.-150 Mali, 1822." ' In order to come at the true meaning of the grace, I only wish to have answers to the following questions:-. , .1. What did Dr. French understand by the wards when he proposed them to the Senate ?-2. What did the Senate understand by them,. when they were accepted and rati fi ed ?-3. Have the words of the grace been ever used before ; anoorethat- eese, neve they, received any interpretation by the practice of the University? It is principally with a view of answering the first of these questions that I now address the Members of the Senate. After the death of Dr.' Clarke there was some difference of opinion on the expedieney of continuing of Professorship of Mineralogy. The subject was discussed in many parties when I was present ; yet in no instance do 1 recollect that the ques tion of nomination by the Heads was started ; for it was consi. ' demi a matter of course, that if any grace of foundation went through the Senate, the office Would be filled up in a way which was conformable to the customs of the University In ' electing to Professorships. I had also opportunities of con versing with some of the Heads of Houses,on the same subject; and 1 was sorry to observe, in certain high quarters, an un willingness to continue the appointment. lut not a word was ever mentioned about the right of nomination. It was against the office itself that some objections were raised, and not against any particular mode of electing to it. Indeed, if the office it self were an evil, I cannot comprehend bow the evil would be diminished by appointing to the office by nomination. During this time Mr. lenslow was empleyed in soliciting the interest of the resident Members of the Senate ; ind it soon appeared that if the Professorship of Mineralogy were esta blished, his election would be perfectly secure. In cases where offices are filled after previous nomination, it is absolutely necess ary for the candidates to make such interest with the Heads as may secure their nomination. Without this, the support of the Senate is of no value. Yet lam quite certain that at this time Mr. Henslow did not call on the Head* to solicit their votes at the nomination:and for this plain reason, that no nomination by the Heads was at that time thought of by any party in the University. Dr. French (then Vice-Chancellor) appeared to take an inte rest in Mr. Henslow's success; and not long after Dr. Clarke's death, promised to bring forward a grace for continuing the vacant office. In conseque nce, however, of some unexpected delay, the term was far advanced befo re the notice for this grace was published ; and Mr. Henslow (who was only anxious about the consent of the Caput) requested me to call on the Vice-Chancellor in order that, if possible, some day might be fixed for bringing according waited on Dr. French about the 10th or 12th of May, the question finally before the S enate. 1 and he informed me that he intended to propose a grace oree certain day (I believe tile 15th.) We had then some further r ir conversation, in which Of my memory does not deceive m a le, s agreed that the grace would probably be rej!ct m ed hr tneforin in Dr. French aft er wards oceetk which the grace would lifi -k t a s - id t h a t the Botanical il r ErFie - c'edent, which he thought it oersonlAi.-wis or, he observed, that the first Botanical Pro. fessor had been appointed (like Dr. Clarke) by a special grace; and that at his death a grace passed the Senate to continue the Professorship. With all this I was perfectly satisfied for at thatkime I was ignorant of the forms which had been used in establishing Professorships ; and I knew, as a matter of general. notorietyy, that the Botanical Professors had been elected by open poi. Dr. French then produced a paper, containing an extract from the Registrary's book, and reed the words by which the Botanical Professorship had been '':eunded. With the excep tion of the proper name, they were identical with the words of the grace of May 15th, 1022, which has been already quoted. I was somewhat struck with the vagueness of this grace, especially as it fixed no day of' election, and this was the sub ject on which Mr. Henslow was moat anxious to receive infer/ Illation- After Making some remarks on this subject, Dr. should day of election by French replied, that thi s w a s provided for, and that if his grace the Senate. Pa" , asVice.Chancellor, should give notice for a That these were very ne a rly the words used by Dr. French., and that they convey the exact effect of his words, I am per fectly certain ; and, if' called upon, I am ready to confirm my assertion with the sanction of an oath. bet it be considered i that Dr. French took as a precedent the very words which, in , ' the case of the Bot an i ca l c h a i r , had been the foundation of an election by open poll, and ha d before his eyes the notice for an open election after that foundation had been established by a vote of the Senate. How then was it possible for me not to believe that Dr. French intended his grace to give the right of election by open poll ? To suppose the contrary, would in volve the supposition of some mental reservation, on the part of Dr, French which would be highly discreditable to him. I be lieve Dr French incapable of such mental reservation. From the time our conversation ended, _ till, if I mistake not, the second or third day a ft er the grace of Dr, French had pissed the Senate, the idea of nomination never entered my thoughts. Then, for the first time, I heard, with great astonishment, that the Heads intended to nominate to the office we had established. But it may he said, that Dr. French had changed his mind be fore the grace was proposed. In that case, he ought also to' have changed the. words of our foundation. The supposition is,. however, untrue. For I know On the beit authority,though I am not at liberty to mention the name of my author, that a day or two after the grace passed the Senate, when he was informed that the Heads claimed the right of nomination, Ile expressed himself with some surprise, and said that he did not see how hood. But with every disposition to come at the truth, lam a the Heads could have a right to nominate. very poor casuist, and it is, perhaps, on this account that I The account which I have now given of my conversation . with have not yet discovered the possibility of giving an affirmative Dr. French is not new. I have constantly stated it to my friends answer to these questions. in the University ; and when I was in London last year, to as- Such are the observations connected with one part of our silt in preparing my affidavit, I stated it to Mr. Tindal. He, case, which I have thought it right to address to the Mem. however, advised that it should not form any part of my affida- hers of the Senate. Some of those whom I address may, per. vit, because it would be considered to convey an imputation on haps, think that we must be in the wrong, because we are op. the conduct of the Vice-Chancellor. posed by so venerable and experienced a body. But I request On this account, and on this account alone, it was withheld them to consider, that all the Heads of Houses hav e no t from the Court; though another of our legal advisers did then, been ranged against us. The Master of Trinity College, and does now, hold the opinion, that the conversation with Dr. on motives most honourable to himself, never took any French ought to have formed a part of my affidavit, part in , the transaction ; and th e M as t ers o f Magda. The preceding statement will, to any candidandlittprejudic. lene ? Cams, Trinity Hall, and Queen's, were not in the tTni. ed man, be a sufficient answer to my first question, via. What versity when the question of nomination first arose. On this did Dr. French understand by the words of the gnice when he subject I may refer to the 25th page of Professor Christian's proposed them to the Senate? pamphlet.—The 334th page of our Statutes prove, that Heads To the second question (vie. What did the Senate under- of Houses may sometimes err, even after " mature consults. stand by the words of the grace when it was accepted and rati- tion," and on this very question of their rights of nomination. tied ?) I may content myself with a very short answer. I have On some important points connected with the cause which is sworn, that I voted for the grace of Dr. French, under the ex- pending, the Court has declared them to be in error. For they pectation of its being followed by an open poll, and that I verily have been told—that they are not the interpreters of the Sta. believed it was passed by the Senate m the same general ex- tutes when their personal interests are concerned—and that the pectation. The assertion ought to have been put in stronger King in Council is not the Visitor of the University. language. For Ido not believe that one single Member of the I do, however, allow that we are opposed by persons vene. Senate attended on the occasion who did not expect, as a mat- rable for their learning and experience. For all this we were ter of course, that the grace would be followed by some form of disposed to give them full credit, without giving them the open election. It is well known that the grace passed without trouble of proving it by the formalities of an oath. But any division ; and a few days afterwards, when the Members if, with all their experience, they have not been able to bring to of the Senate first heard of the intended nomination, public light a single fact with which we were not before acquainted, meetings were held, at which several men attended, who were andif they have not brought forward a single argument which (if favourable to the claims of the Heads. Yet no one ventured to the Court allow into file new affidavits)we do not believe ourselves assert, that either he himself, or any other person, had put a ableto refute; we may well rejoice in the goodness of our cause. 1 construction on the grace, at the time it passed, different from am not now writing so much on the law, as on themoralityof the that which we were endeavouring to enforce. If any one desires question ; and, whatever the Courts of Law may decide, the any further evidence, I can only refer him to the twenty-fourth equity of the case is indisputably on our side. This is a great page of Professor Christian's pamphlet. advantage, and I hope that every Member of the Senate consi- But it may be asked, did the Heads of Houses consent to ders it more than equal to that which our opponents enjoy, in this construction ? I answer in the affirmative, because it was having entrenched themselves in all the formalities of legal impossible for them not to have known the sense in which 'the possession. grace was accepted by the Senate ; and if they dissented from Soon after Mr. Henslow was admitted to the Professorship of that meaning they ought, at least, to have recorded their non Mineralogy, it was resolved at a public meeting of the Mem. placets. Again, it is the ma jority of votes that ratifies a grace, bens of the Senate, " That th e legal proceedings against and the Heads have .only single votes like other Members of the Heads of Colleges should be conducted on the principles the Senate. of amity and courtesy." I am not aware that we have since But it may be said that they were misled by Dr. French's that time offended against the letter or spirit of the resolution. notice. This we day, because the notice was exactly in the Should any one object that lam now ac ti ng against the spirit usual form. Their claim to the right of nomination was with- of the resolution, lam bound to state, that lam acting on my out any precedent, lounges unexpected. They were therefore own sense of propriety, without having been influenced by the specially bound to see that the Senate was not deceived by rani- opinion of any other person. Amity and courtesy, however ad. fying a grace in an old form, which was not to be followed by mirable in the conduct of any cause, ought never to stand di. the old practice. rectly in the way of truth. Indeed, I nicy assert that I have Moreover, the Heads had, the power of dictating to the Uni- only written what I thought necessary, in order to place the versity. For, by circumstances almost unprecedemed, not less equity of the cause in its proper light, and that it was not my than three of them were Members of the Caput : and, therefore, intention unnecessarily to hurt the feeling of any one ; and lam each- of the three had the constitutional power of throwing out conscious that I deserve credit for the assertion. If, however, any grace by his single veto. Any one of them might have the facts which are here stated, and the circumstances under shall go down to the Senate unless our rights be distinctly pro- them before the public, I have nothing else to offbr in my yin said, we mean to claim the right of nomination, and no gr a c e which they ha ppen ed, be not an ' am p l e apology for laying tected. But no question of the kind was agitated; and the dication. With this observation I shall conclude my remarks, three Heads did by their silence in the Caput, and subsequently and have only to request of the Members of the Senate to give them the attention which they deserve, and to pardon me for by th eir to y g o tv te e s the t Sr h a e t e n , ( posed . any I have the honour to be, thtre r e i v s ery no o d n iv e i w si h on o , a ) u vi en rt d u s all is y s" be- - having attempted to detain them so long. come parties to the ratification of the grace. Whe ther other Heads of Colleges did attend I know not. Bat their ab. , Gentlemen, sence can be no reason for putting on our grace a construction Your most faithful servant., different from that which we intended when we voted for it. A. SEDGWICK. From what has been stated, it is impossible to doubt the sense in which the grace was passed by the Senate. Considering also the fact, that in passing any grace, the Heads only give their votes in their capacity of Members of the Senate—that it is the majority of votes alone which gives the sanction,—that the grace originated with the Vice-Chancellor—and that three, out Caeges were, in a manner of the six Members of the Caput, were Heads of C olle g es—l venture to assert, that the Heads of the most unequivocal, parties to the ratification of the grace, which founded the Professorship of Mineralogy, and in that very sense and construction which we are endeavouring to put upon it. It now only remains for me to consider, whether the words of the grace have been used before, and have received any inter-, pectation by the practice of the University. This subject has been argued at considerable length in the King's Bench, and we wait for the decision of the Court. Under these circum stances, I think it best to limit my observations to a very short statement of facts. Our grace was' avowedly copied word for word fmm the foundation of the Botanical chair. That foundation has been followed by only two elections, the second Professor being still living, and both these elections were by open poll, without any additional grace. This was denied in Court; but so feebly, , that the dental did not, I think, produce any impression on the Judges. To put the matter out of all doubt, I bad a ammo nication with - Professor Martyn, and his answer is now before me, from which I extract th e following words : " I looked among my papers with the hope of finding some memorandum on the subject of my own election—but I cannot find any. My recollection, however, is clear, that my election was by open vote, more burgensinm."—So much for the facts of this case. and so much for the denial of our opponents. And what do we ask, except that our election should follow the precedent from which it was copied ?—The words more burgensium only-mean I open poll, and had never been used in any University document at the time of Professor Martyn's election. But because the University thought proper afterwards to adopt the words more bargensunn in a particular case, where there was a difficulty in proceeding to an election, are we to be told that no other words could confer the right of open election, and that the older pre cedents are null and void?? The election by open poll was the oldest constitutional mode of electing to the higher offices of the University, and was known in every period of our academi cal history ; though the contrary appears to be asserted in the affidavit of Dr. French. Again, the foundation of the Anatomical chair was exactly like our own, and the five elections which immediately followed were by open poll. This fact was also feebly denied ; but the proof of it Is established by the Registrary's book, and by the assertiens of all the older members of the University who have any knowledge of the history of our elections. I myself spoke on this subject to Dr. Ainslie, of London, who was a candidate for the Anatomical chair in the year 1785, and he confirmed the statement I am now making. At each of the three last elections to this chair, the Univer sity did not, however, go to the poll, without passing a that the votes should be given " more burgensium." R e es e e graces only gave a higher sanction to the 'old practice, and ought to form no argument, at least, for nomination by the Heads. If the whole, history of these graces were before the Court, it would I doubt not, expose a system of aca demical tactics which does no credit to the party which has adopted it. The two graces introduced in the election to the Anatomical chair, in the years 1014 and 1817, carry the stamp of irregula rity in their face. They were introduced without notice, and 'p a ssed without the general knowledge of the Senate. I was myself a Member of the Senate, and attended at both those elections ; yet I never heard a word of the graces in question ;-- -voLdtti any one of my friends then suspect that there was any novate. "•-• tha earlier modes of fi lling the o ffi ce. Still less in did we suspect tnat were afterwards to be made the precursors of more imp7a c r e et t h e r i g h ts of open election. If I mistake not, they were brotVit by some individual for the sole purpose of vitiating those pre cedents, against which he dared net at the time commence a direct attack. Be this as it may, I have brought forward enough to shew, that in the two Professorshipswhich were e s tablished by a grace, exactly like our own, the elections have always been by open poll ; and in seven instances out of ten, exactly in the form for which we contend in the King's Bench, and exactly in the form intended by Dr. French himself when the grate was pro. posed, and by the Senate when the Grace was ratified by an unanimous vote of the two houses. After this explanation of the meaning of our grace, can any one read without astonishment, one part of Mr. Alderson's ar guments in the King's Bench, [See THE SUN Newspaper for play 8, 1823,1 in which he contends, from the words of the original notice, (and also from a subsequent grace, not recorded in the affidavit, which was thrown out by a very great majority of the Senate,) that the University has put a construction on the words of the grace of foundation brought in by Dr. French, which was never intended by their author ? If, however, we turn to the affidavit of Dr. French, we shall find, , that this is not thrown out in the wantonness of legal ar gument ; but that it is fairly drawn as an inference from his words. I should, therefore, wish to ask Doctor French, whether this passage i n his affi davit was drawn up with the in. tendon of its becoming the foundation of Mr. Alderson's argu. ment on the meaning of the grace. I call upon him to disavow the inference of his own Counsel. Oth!rgeise, will he not himself he implicated in an assertion which is at direct variance with' facts which I have detailed, and which I am ready, when pro.. perly called upon, to confirm with an oath ? It what has now been staled to the Members of the Senate be true, and I know that it is true, was it right for Dr. French to join any set of men, whatever might be their rank and charge. ter, who endeavoured to force upon the University a construe. tion of his grace. which was at variance with hie own meaning when he proposed it, and, with the understanding of the Senate when they accepted and ratified it ? I should also wish to ask of the Heads of Houses, whether they, as Members of the Senate, and parties in the ratification of the grace, had aright afterwards to come- into the Senate, and demand that .a sense should be put upon that graCe which no one contemplated at the time when it 'was voted unanimous. ly by the two Houses? lam not now using the word right as it may be interpreted in a Court of Law, but of right as it ought to be understood among the members o f: a Chr:atian brother. LONDON MARKETS. IMPORTATIONS OF GRAIN LAST WEEF.. English. Irish. Foreign • Wheat lO,OOl 15 Barley Malt Oats Rye 8 Beans Peas Tares Rapeseed 2O 51 , istartl Snots 216 Plum* Drank Linseed 101 0 ............ 4•••,....••• I - 30 - 1,52 SEEDS, May 26. Red Clover(Foreign) 14:24s—fine, 37s—new —s per cwt. Ditto English 0L....16s 94s 99s—new, 34s 46s 49s 52s 93s White ditto 27s 37$—fine, 51s 60s 63s Trefoil .... per cwt.... ICs ISs—fine 151 17$ 19s per cwt. Eibgrass ... 9Bs 36s—fine, 42s 451 Carraway Seeds 541 56s 60s Coriander do lOs 19s 14s Spring Tares ... sod—sOd —s Cinque Foin Rye-Grass .. Canary per qr —l 43s to 48s Od per qr. White Mustard Seed iOs to Hand Brown ditto 9s to 15s Od Winter Tares 24s to 30s Od per qr. Rape iced . . 231 to 2610 s 271 301 per Last. Turnip Seeds. , —s Od 6s to 7s 6d pr. bosh. Linseed .NEWGATE AND LEADENHALL MAii.KETS, May 46. By the Carcase. Beef.. ...... 25 lid to 31 13t1 Veal 3s Od to 4s 4d Mutton 3s Od to 4s 4d I Purk 2s Btl to 41 Od Lamb, 3s 4d to 5s Od. sT.J AMEN'S HAY MAKKET, May 24.. N. Hay 31 3s Od to 41 .101 Od Clovtr, 31 121 to 41 10s Od Old Hay 01 010 d to 01 Os Od f Stlaw 21 2s 04 to 21 176 04 SMITHFIELD. Old Hay .... SI 15s od to 41 51 Od—Average, 31 121 OIL Straw 2! 5s Od to. 21 lOs Od--Average, 21 4s Od Clover 9l Os Od to 41 lOs oo—Average, 31 15s od WHITE:CHAPEL. Hay 3l 15s od to 41 los oil—Average, 31 181 Od New ditto Ol Os Od to 01 Os od—Average, 01 Os Od Straw ll 18$ Od to 21 14s od—Average, 21 54 od Clover...— 4l Os Od to 41 18s Od Average. 41 Bs 04. MICE OE HOPS, per t;wt., May 24. I - Pockets. Bags. Kent .. 21 16s a3l lbt aOl Os Kent .. 41 6s a3lSs a 4110* Sussex .. 21 12sa 31 Os a3l bs Sussex 21 2s a2l 8s a'2l 19* Essex .. 21 14s a3lhs a 81 18s Essex.. 21 4s a9l 16s aBl 3s , Farnham, tine, el es to 81 Oa--S Bond. 81 lOs to 61 Os YRICF,S OF TALLOW, sO, Town Talhiw 49s Od —a od Yellow Russia 38s Od —a Od White ditto •• 36s 64 Od .Soap 36s od Od . Melting Stott 28s 011 . —s Od Ditto Rough.. las od—s Od PRICE OF CANDLES, rani Price of c.:aintles, per closeii 6(1 per been allover , AP, &c, per 1121b.—May 23. Yellow Soap 706 Mottled yes Curd US Graves lased Good Dregs 6106 NS TAI4I.OW CHANDLEa's HALI. as od—Moulds, toy od. ed for ready money. Plti"?* RA W . A l 7l)et Stone of 61h,--May 33. Price of T h n o w (as stated by the Tallow Matters). 21 3d COUNTRY hl A RKET. Gumuroho Wheat per isi Os tv 101 us New V 4, beat.. —I Os to Os Oats, per tl y as to ti 1 is i SQW A 11110.... 01 OS SO 01 Os _ s.T• May 17. Bartz y, llevt, 11 IQs to 1118 s plexus, per qr. II las to it as Pease, perqr. 11 las to 21 QS Rye, per qr. 01 Os tool Os COAL MARICET. May 9 6 . Ships at m ar ket. Shirt # ol d. Pri ce. N ew c ast le ... . .... 5 Stmtleriand ........ .......... 8 a 4 4 2 2: 90t1d Printed and Published for the PROPRIETORS, at thr Suit* OrkstC, 112, Strand, by J. B. G*auTAIRo. PRICE OF BREAD The price of the 41b. Loaf is stated at 104 d. by the full-priced bakers. There are others of the trade who sell horn a half penny to three halfpence below that rate. ItAW HIVES. Best Heifers & Steers, per st. Ordinary .... 9 4 04 t o 2 4 44. ......• •.. • ts trod to Ss 00 Market 'Calf .. each.. 13. Od limAlings... 2* 64 to 2% 84 Lambs.... Is 9d to Ss Od SHEEPSKINS. Patti Os Od to 08 Od I Shearlings Fells Ss Set to 61 od I Lambs Os Oil to Os na PRICE OF LEATHER, Butts, fio to 601 t,. coml. per lb yid to 24d Ditto, 4ti to 66Ibs each 24d to 25d Dressing Hides lad to I9d Coach Hides Crop Hides, 84 to 40Ibs for cutting ..19d to 20d Ditto .... 45 to 501 be Calf Skins...l6 to 40Ibs 2od to sft. Ditto 59 to 'Nibs 96d to Itild Ditto 7O to 80Ibs 244 to 96d _ Small s e al s (Greenland) lad to 194 d I..iargs ditto Tanned Horse Hides l6d to 18d , Spanish Horse Hides -17d to 9rd